Skip to main content
Beth Kristin Rautiola

Beth Rautiola’s Answers

28 total

  • Do i have grounds to sue my roommate's stepfather who asked for 3m deposit as guarantee to cosign the lease and now is awol?

    I signed a lease with a friend of mine in July 2014. My roommate's stepfather agreed to sign as a cosigner and asked for a 3 months deposit from me to secure that i would pay rent. On month 10 he was supposed to start paying rent on my behalf towa...

    Beth’s Answer

    This is a breach of contract matter. It is unclear if you paid the 3 months rent to the landlord or gave it to Stepfather. If you paid it to the landlord, I would want to know if it was a "deposit or advance rent". In either event if you are within the small claims court limit for your controversy, you should proceed to small claims court as soon as possible. Nothing good will come from waiting to collect on this issue. Good luck to you.

    See question 
  • Am I still liable for rent on an expired least (California) if I'm the co signer, even though I have notice I'm leaving?

    I live with my girlfriend but we are breaking up. Original lease was for 18 months, it's now 37 months. I'll be moving out June 1st and I told the landlord on May 1st. Our lease suppose to be month to month now. She doesn't want to leave but want ...

    Beth’s Answer

    If you gave notice to your landlord, make sure it was in writing and dated. Follow up with your landlord that you are leaving and ask to be removed as a co-signor/guarantor. You should take these actions now. If your landlord wants your girlfriend to stay, new paperwork is required - at a minimum you need a verification from your landlord that you are removed from the lease. Be diligent and keep good records. The burden of proof will be on you to put on a defense if things do not go well in the future. Handle your legal business. Once your legal issues with the landlord are handled you can decide if you will assist your girlfriend financially. If your girlfriend wants 4 months of rent from you, that is a separate agreement for you to settle with her. Good luck to you.

    See question 
  • My internet company (no offices) makes about 80k /yr in CA and I'm setup as an SM LLC. Can I safely form an LLC in NV?

    Hello, I run a web design company from my home office that is setup under a very basic single member LLC. We make less than $80k in sales annually and have no employees, currently. The $800 annual franchise tax fee eats into costs I can s...

    Beth’s Answer

    • Selected as best answer

    If you are a CA resident with a SM LLC in any other state, California forces you to register in CA (as a foreign entity) and continue to pay the $800 fee. This is due to a fairly recent court ruling that requires CA residents who are the majority owner or manager of an LLC to register to do business in CA. I think the ruling is overreaching but it is so new it hasn't been challenged yet.

    Your costs, after the set up in Nevada, would be a few hundred a year if set up correctly. Keep in mind that Nevada requires a local business license (additional fee) and your annual fee is based on the number of shares authorized by the corporation. This would only be recommended if you leave the state of California as a resident.

    See question 
  • We had dissolved a company (Inc) in California recently. When I need to return balance share capital to the shareholders?

    In the "Certificate of Dissolution" we have ticked that "The known Assets have been distributed to the persons entitled thereto" Need to know whether surplus cash (to be returned to shareholders after dissolution of company amounts) is Assets ...

    Beth’s Answer

    Yes. You need to make the distribution of cash assets a soon as possible. Some businesses will hold cash assets for the final payments to the attorney or other outstanding matters like tax payments. If you have cash in excess of your final payments, it should be distributed.

    See question 
  • What law is applicable?

    I am in a state other than California. I signed an online contract for the sale of goods. The contract says that the applicable law is the state of California. However, the contract also includes an addendum for "special return policies" in the va...

    Beth’s Answer

    Attorneys call this a choice of law question. Is this a consumer contract or B2B contract? Because your contract lists California law, the presumption will be that California law applies. There are unique situations where California law won't or shouldn't apply. Often entire court cases related to determination of applicable law. If you know that the law in your state will favor you more than California law, you may attack the contract specifically the choice of California law. If this is a a significant issue you should seek a consultation with a Business attorney who also does litigation. When you meet with the attorney you will want to bring the contract. Good luck to you.

    See question 
  • I'm 17 years old and my boyfriend is 19 we live in California & I'm 7 weeks pregnant can he get in troublee?

    He's going to the military in January, we've been wanting to get married for 7 months already.. Can this marriage through paper work? Or does it have to be an actual church and ceremony?

    Beth’s Answer

    In CA your sexual relationship with your live in boyfriend is a misdemeanor. ( Penal Code 261.5(b)) While it is not likely to be prosecuted, if you get married (a legal marriage) the facts improve and the chances of any criminal actions can be mitigated. The marriage certificate can be applied for at the courthouse and you can have a civil ceremony at that time and plan your church wedding day at your leisure.
    Congratulations on your pregnancy and make sure that you see your doctor regularly!
    Best Wishes.

    See question 
  • A person working right next door to my retail business is soliciting my customers as they walk up? Do I have any recourse?

    I have asked her to stop and informed the property manager but the behavior continues.

    Beth’s Answer

    Continue to inform the Landlord. Whenever you notify the Landlord, always do it in writing.
    The most effective proposal is to ask the Landlord to implement a "no hawking" policy as part of the rules for the tenants. The Landlord has the power and ability to do this. A "no hawking" policy restricts aggressive solicitations that call out, touch or pursue demonstrations, products or services. I have recently put such policies in place for my Landlord clients.

    You may have other legal recourse that a business litigator may be able to advise you about. Solicitation is a tricky matter. There are first amendment rights involved and there are also interference with prospective business advantage ( that is "your prospective business advantage").
    Good luck to you and keep trying with your Landlord. Just be sure to communicate in writing.

    See question 
  • How to remove a person from a partnership who has disappeared?

    I recently received an email from my business partner stating he does not want to move forward with our company at this time. Naturally I sent him questions because I did not want to put anything on hold. He has not responded and has completely ...

    Beth’s Answer

    You need an attorney on this matter. While your current business entity does own certain proprietary information and opportunities related to your joint development, your best defense is a good offense. You want to present your partner with documentation related to his release of any proprietary business ideas in exchange for compensation. Such compensation could come in many forms. Depending on your business structure, it may be in your best interests to keep your partner in the business because he would have a fiduciary duty to the business not to compete.

    There are several ways to look at your project that will be very fact specific and based on your business arrangement, business entity ( Corp or LLC?), and any signed agreements among the partners. Good luck to you and I wish you great success.

    See question 
  • How do i evict my ex from my condo in rockland county new is in my name and she necer paid rent but wont leave?

    I bought a condo two years ago with my money and all documents are in my name.I recently broke up with my live in girlfriend but she refuses to leave the cond.What do i need to do.I live in rockland county new york

    Beth’s Answer

    Hire an attorney with experience in evictions (unlawful detainer actions). Be super honest with the attorney - the attorney needs to know if you had any verbal or written agreements with your ex related to the property. In California, where I practice, if a landlord is NOT trying to collect money from the tenant and just wants the tenant out, the procedure can go very quickly. Determine with your attorney if you will seek financial damages or just possession of the property. Be prepared to spend a few thousand dollars, but you should be able to have possession of the property very soon. When hiring an attorney for this matter you want to ask the following questions:
    1. How many eviction actions do you handle a month/ year?; and 2. What is the payment schedule for services based on time and expenses?
    You want an attorney who does this type of work on a regular basis with at least 2 evictions or more a month. Because the technical timelines for notices, proof of service and court dates must be exact, you do not want to learn or pay someone else to learn while your ex is living in your house for free. Time is money. Good luck.

    See question 
  • Can I Sue my boss? I have a list of reasons. I have proof including ALL check stubs, clock in sheets, and saved texts messages

    -We were working upto 53 hrs a week during the holiday season but never received over time pay. -No breaks or Lunches. -Half of our checks are paid under the table -Now that its summer (slow business) he explained that his stores were doing so ...

    Beth’s Answer

    This is California of course you can sue. But what are you looking for? Do you want to keep working for this person? Then you need to file a complaint with the State or Federal

    His vacations are irrelevant, however all worktime is paid time. In California non-exempt employees with minor exemptions (approved flex schedules, fee agreements or labor rulings) are entitled to overtime after 8 hours in a day or 40 hours in a week. Meals an rest periods must be available after the recent Brinker decision. Meal and rest breaks do not mean that you must be able to leave the premises but that you are relieved of duties.

    Go through your complaint processes before you hire an attorney. I hope things improve for you at work.

    Regards, - B

    See question