Questions answered by Brian Leigh DeWitt

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Is a standard boilerplate Operating Agreement ( likely from the Internet ) adequate for a Single - Member LLC ?

Brian's answer | Answered on March 07, 2013

It may be adequate for the reasons already mentioned - you are the sole member so governance is not an issue. However, you should still have a...

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Does this commercial lease provision prevent a competing business?

Brian's answer | Answered on March 07, 2013

I do not think this provision would limit your ability to sell sandwiches. The answer to your problem depends on a review of the entire lease. I...

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Did a deed in lieu. I bought the property for $175,900. I retired last year could not keep this propert that was upside down

Brian's answer | Answered on March 07, 2013

Generally cancellation of debt is considered income, subject to some exceptions. When a lender approves a short sale or takes a deed in lieu, it...

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Is there a time deadline to prove Conspiracy to defraud and Embezzle from the Elderly Mother and her son.

Brian's answer | Answered on March 07, 2013

You have various possible causes of action and each has its own statute of limitations period. Your mother has a claim for elder financial abuse...

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My son purchased a condo in my name a year later he put it in his name , now im getting a bill from Franchise Tax board

Brian's answer | Answered on March 07, 2013

When you transferred the condo to your son, you should have recorded a deed and filed a PCOR (Preliminary Change of Ownership Report) with the...

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Entity and agent address for an LLC

Brian's answer | Answered on March 07, 2013

No, you must use a street address for the company's principal place of business. This is shown in box 3 a. You cannot use a P.O. Box address. The...

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I was legally elected to three people bod and was immediately revoked by two other directors. Do I need a lawyer to help me ?

Brian's answer | Answered on March 06, 2013

The answers to your questions will be found first in the Association Bylaws and second in the California statute that governs HOAs, the...

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Can I , the losing party , request a trial court grant a final appeal able order as well as a statement of decision ?

Brian's answer | Answered on March 06, 2013

Your appeal can only be taken from a final judgment, which means (1) a judgment must have been entered by the court clerk (not merely signed or...

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Small Claims Appeal - - DE NOVO What if a Defendant substantially changes his testimony during the appeal ?

Brian's answer | Answered on March 06, 2013

When one of the litigants to a small claims case in California appeals, they get a trial de novo, which means a new trial. A defendant does indeed...

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Dissolve LLC when papers aren't filed yet

Brian's answer | Answered on March 06, 2013

The CA Secretary of State's website states the following: Minimum Tax Requirement (pdf ~31KB): Filing Form LLC-1 will obligate most limited...

Brian Leigh DeWitt's Answers (48)

Is a standard boilerplate Operating Agreement ( likely from the Internet ) adequate for a Single - Member LLC ?

Does this commercial lease provision prevent a competing business?

Did a deed in lieu. I bought the property for $175,900. I retired last year could not keep this propert that was upside down

Is there a time deadline to prove Conspiracy to defraud and Embezzle from the Elderly Mother and her son.

My son purchased a condo in my name a year later he put it in his name , now im getting a bill from Franchise Tax board

Entity and agent address for an LLC

I was legally elected to three people bod and was immediately revoked by two other directors. Do I need a lawyer to help me ?

Can I , the losing party , request a trial court grant a final appeal able order as well as a statement of decision ?

Small Claims Appeal - - DE NOVO What if a Defendant substantially changes his testimony during the appeal ?

Dissolve LLC when papers aren't filed yet