Can I ask customers to sign contract agreeing not to work with any competitors (or even potential competitors) for 'x' years?:
My company sells a B2B service on an annual, contractual basis. We are the only player in our industry right now. There are other company's that offer somewhat complimentary service/product, but it definitely is not a replacement for what we do and is delivered in a very different way.
These competitors COULD start adding our service. Wouldn't be the easiest pivot in the world, but definitely not impossible. To somewhat protect the security of our customer base I have been toying with the idea of having two contracts as a part of our on-boarding process. One securing our services for a year, and a separate contract preventing them from working with any other would be competitors for 3 years.
Doable?
Kristina’s answer: I would not recommend you include this provision in your contracts. For all the reasons given by the other attorneys, this provision is more than likely unconscionable and will not be upheld by a court. If your service involves intellectual property, you can include provisions to protect that intellectual property from disclosure.
After responding to UD case, the landlord served us with interrogatories (DISC-001)?: I understand that the landlord's attorney is asking for documentations from us. But the amount they're asking us to pay is only $800 which doesn't exceed $25,000 that this form is used for and we are so confused.
Kristina’s answer: The Landlord's attorney is allowed to serve you with interrogatories and request that you produce documents. (Code of Civil Procedure Section 2030.260(b).) The form typically used in unlawful detainer actions is DISC-003/UD-106. However, use of form DISC-003/UD-106 is not required and the Landlord's attorney can elect to use DISC-001. Without reviewing the interrogatories sent to you (i.e. the boxes checked), it is unknown if there is any appropriate objections to the interrogatories propounded. You should seek the advice of an attorney if you have specific questions about the interrogatories or documents requested. You can find self-help information about responding to discovery in unlawful detainer actions here: http://www.dca.ca.gov/publications/landlordbook...
Does a foreign qualified S-corp with no transactions need to pay the CA minimum franchise tax?: I have a NV S-corp and lived in CA in 2014, and the corp has been foreign qualified in CA since 2013. The corp did not engage in any business (sales, payroll, services, nothing) in 2014 and has no tangible assets. Its only "product" is just an info website that hasn't started charging money yet. I moved out of CA and dissolved the CA foreign qualification in January 2015. The 2014 CA tax return will be the corp's final CA return (the 2013 tax return was its first). Does the corp need to pay the minimum franchise tax for 2014? Was it doing business in CA in 2014? Could I list it as having dissolved on 12/31/13, since nothing happened in 2014? I'd like to know if the fact that the corp never made an attempt to transact in CA affects the minimum tax requirement. Thank you!
Kristina’s answer: Based on the information that you provided, the corporation will be subject to the minimum tax. If the NV S-corporation is qualified to do business in California (and you indicated that it was so qualified), then the corporation is liable for the minimum tax for the years that it was qualified to do business in California. The annual tax for S corporations is either 1.5% of the corporation's net income or $800, whichever is greater. The corporation will be liable for the $800 minimum tax even if the corporation operated at a loss.