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Antone F. Johnson

Antone Johnson’s Answers

127 total


  • Sole proprietor LLCs

    Do single member LLC (Sole proprietors) have to file form 568 in CA?

    Antone’s Answer

    Yes, Form 568 is required even if it is a single-member LLC, although only a portion of the form need be filled out. (The LLC is a disregarded entity for tax purposes and its income is treated as a sole proprietorship.) Regardless, the FTB will require the LLC to pay the minimum $800 franchise tax. See link below.

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  • Invasion of Privacy for new homeowner?

    I have recently bought a house. However the seller's agent is refusing to take down the detailed interior photos of my new home from major real estate sites from REDFIN and MLS. I have asked him multiple times to take it down the photos, yet, he...

    Antone’s Answer

    I agree with my colleague's response above. Right of privacy applies to individuals, not property; if the photos included images of you or your children, you might well have a claim, but if only the house is depicted, I'm not aware of any legal theory that would give you much of a case.

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  • Small claims court out of state laws?

    The defendant moved in with the plaintiff and verbally agreed to pay X amount of dollars a month but was not on the lease. The defendant decided to move to another state near the end of the month and gave the plaintiff a weeks warning. The plainti...

    Antone’s Answer

    I agree with my colleagues' responses above. Pragmatically, the most important consideration for the plaintiff is whether the defendant will even show up for court, and if the plaintiff wins, how he or she will be able to collect. Enforcing judgments can be a major part of winning in court. The plaintiff should consider whether it's worth the time and hassle to pursue this claim, given the amount of money involved.

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  • I was let go during the probation period of employment. Applying for a new job, when asked if I was ever fired, can I say "no"?

    I pointed out that the company was not practicing the correct labor law. For every 8 hours of employment, they would only grant me a 30 minute lunch, with no breaks. They also said they could interrupt my lunch if it was busy. I pointed this ...

    Antone’s Answer

    I admire your commitment to integrity in this situation. As you pointed out, your former employer was violating California wage-hour regulations, and most likely violated the law again by firing you in retaliation for making a legitimate complaint. (No doubt the employer would see things differently and try to characterize you as a "difficult" employee.)

    There is no easy resolution here, as it wouldn't go over well to tell a new employer the whole story (i.e., that you were fired in retaliation for being a whistleblower). I think you have the right to decide what the question really means and how you want to answer it on paper. In terms of consequences, consider under what circumstances the new employer might ever find out about the whole story (reference checks, etc.). You certainly wouldn't be the first person in history to decline to tell the whole truth in a job application, but the farther you stray from the whole truth, the more leverage your new employer might have someday if there were ever another dispute. Good luck.

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  • Are we liable for debts before LLC?

    My partner and I formed an LLC two years after starting a business. The business nosedived very quickly after that. We still have debts incurred before becoming an LLC. Are we fully liable for those debts incurred when we were in a "default" par...

    Antone’s Answer

    • Selected as best answer

    Yes, as my colleague noted above, before forming the LLC, you were carrying on business either as sole proprietors or as a partnership. You can have the LLC assume your individual obligations and arrange to pay them off with its own assets, but if it is insolvent, that won't help. See link below for information regarding dissolution of a California LLC.

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  • Is a contrtact still legal?

    A contract is to be signed. If one party signs the contract without the other party present, is that contract still legal? Do both parties have to be present when signing a contract?

    Antone’s Answer

    As noted above, in most states, a contract can be binding if signed separately as long as both parties sign the same document (which can include faxed, photocopied or scanned PDF copies). There are some specific exceptions in areas such as real estate law, where signatures sometimes must be notarized or witnessed, and these vary from state to state.

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  • Is Craigslist legally binding

    A guy was selling an espresso machine on Craigslist in Dallas (I'm in Houston).He texted if I came to dallas to pick it up i can have it for 250. (Initially we planned on $300 and we would meet halfway). His exact text is: "Can u go ahead and dr...

    Antone’s Answer

    You could sue him in small claims court, but it would be an uphill battle and frankly would not be worth your time and effort in my opinion. The answer might be different if this were an item selling for $25,000 rather than $250, or if you incurred substantial expenses in reliance on his promise to sell you the machine (such as flying to another country). Unfortunately this type of unscrupulous conduct happens all too often. For that reason, sites like eBay use a seller rating system that gives buyers the opportunity to review a seller's track record before bidding.

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  • Is it legal to use excess student loan funds to pay off credit cards?

    After tuition and fees are paid, if I have a surplus of student loan money can I use it to pay bills?

    Antone’s Answer

    Most likely yes, but this question is impossible to answer for certain without reviewing your student loan documents. Even if there is no law that prohibits it, there might be a provision in the loan agreement or promissory note that restricts the use of loan proceeds. If it's not clear from reviewing the documents, call your lender and ask.

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  • Is it legal to include musician photos into a website design for a radio station WITHOUT permission from the photographer?

    My website development company is building a website for a local radio station. Most radio station websites use a variety of celebrity/musician press photos in their website design to portray the type of music they play on that station. (i.e. h...

    Antone’s Answer

    • Selected as best answer

    I think the most appropriate course of action would be to ask the radio station to clear the rights to use the photos. After all, you are only building this kind of site because the client is requesting it. One possibility would be to ask the radio station for copes of press materials which were sent to it by record labels promoting their artists, as it's a fair assumption that sending press photos to a radio station implies a license to display those photos on the station's website. I agree the photos are definitely not in the public domain, and without some kind of license (express or implied) from the rights holder, the operator of the website is running the risk of infringement claims. Good luck.

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  • What are the legal ramifications for posting a sex video online of someone who doesnt want it posted but consented to the video?

    anybody help?

    Antone’s Answer

    I agree with my colleague's response above. Privacy law varies from state to state, and you didn't indicate whether the person involved is also a New York resident or lives in another state, but that could complicate the analysis. In general, it's a highly risky thing to post such a video online without the other person's explicit consent. Although it could be argued that this person waived his or her privacy rights by consenting to be videotaped in the first place, there is a huge difference between agreeing to be taped by a lover for private use vs. for distribution to millions of strangers over the Internet.

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