Negligence is the most important factor when deciding liability in a case. The legal definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” In other words, it is a failure to act with a level of care that a reasonable person would have acted with in the same situation. Civil negligence, however, differs from criminal.
Proving negligence is sometimes more of a process rather than an immediate decision made by pointing fingers. There are four elements that an attorney must prove in order to prove negligence:
There are a number of ways that your attorney can prove these different elements of negligence, including:
Civil negligence can take many different forms, and can also be quite hard to identify at times. A few examples to help better understand civil negligence include:
Each state has its own criminal laws that decide what can be considered criminally negligent. Criminal negligence can be punishable with jail time. Some examples of criminal negligence include:
The legal consequences of civil and criminal negligence are very different. Civil negligence results in monetary compensation for the plaintiff, as the primary goal is to recover damages. This is accomplished through a civil lawsuit, which usually requires the defendant to pay for the injured person's damages or medical expenses. Criminal negligence can lead to more serious consequences, including criminal prosecution. In this case, the consequences may include:
The main purpose of a criminal case is to punish the defendant for the crime committed and to protect society. This is important to understand. In order to be held criminally liable, it must be proven that the defendant's actions were indifferent to the risk. Unlike civil liability, where proof of harm is sufficient, criminal liability depends on the degree of danger and negligence. If you have been the victim of civil or criminal negligence, it is important to seek legal help. At KAASS LAW, our attorneys can help you understand your situation and offer you the best solution. The sooner you come forward, the better chance you have of successfully resolving your case.
If you or a loved one has been in an accident or suffered any kind of injury as a result of another person’s negligence, contact our Los Angeles Personal Injury attorneys. KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed. Our team speaks English, Spanish, and Armenian.
Over the years, drivers under Uber, Lyft, and many others have not been successful with these apps. California legislature approved Assembly Bill 5, back in the year 2019, requiring app-based companies like Uber, Lyft, and Doordash treat workers as employees. It's aim is to make it harder for companies to classify workers as independent contractors rather than employees. This bill on a 2018 California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, establishes the "ABC test" for determining whether a worker is an independent contractor or an employee. Workers must be an employees instead of contractors if a company retains control over how they perform their tasks or if their work is part of a company’s regular business. California will become the first state to require app-based companies/gig-economy to treat workers as employees. Overall, AB 5 marked a pivotal shift in California's approach to worker rights, particularly within the gig economy, and its influence continues to shape debates about labor classification in the state and beyond
California Penal Code 135 makes it is illegal to willfully and knowingly destroy or conceal any form of evidence that is to be used in a trial or government investigation.
Destroying evidence is prohibited in both civil and criminal cases, including contract dispute litigation or divorce. As noted above this charge applies to evidence which is used in trial or government investigation.
In order for a defendant to be convicted of Penal Code 135 PC destroying or concealing evidence the prosecutor must be able to prove the following elements:
HOAs otherwise known as Homeowners Association, will have its own HOA bylaws, rules and regulations, as outline in its Declaration of Covenants, Conditions, and Restrictions, or CC&Rs for short.
The CC&Rs act as the governing documents by which the HOA conducts its business, which is usually to ensure that the properties within the planned community have as high of a market value as possible. However, there are also bylaws to beware of, as there are some key differences between the HOA bylaws and the CC&Rs.
To be clear, the CC&Rs serve as the legal binding document that outlines the guidelines for the planned community, as well as how all of the members within that community should conduct themselves.
CC&Rs are recorded and archived within the county records of whichever county the property is located. Basically, that’s all a really fancy way of saying that the CC&Rs are legally binding and getting out of it is extremely difficult since it gets recorded and reported to county officials. It also goes without saying that upon purchasing a home within a planned community, you automatically become a member of the homeowners’ association there, whether you like it or not.
Put simply, the CC&Rs are the rules of your community. Those can include many differences protocols, regulations, and some of them can be very oddly specific (link here to the previous article).
Okay, so you received a cease and desist letter, huh? Well, first thing’s first. Don’t panic! A cease and desist letter does not automatically mean that you’re being sued, or that a lawsuit is pending. It is merely a clear warning that you have been partaking in illegal actions and it further informs you that if you do not stop that behavior, further consequences may follow. Typically, if you receive a cease and desist letter, it means that you have infringed upon the rights and properties of someone else. Some ways that you may have violated the intellectual property of others would be to:
On the other hand, if you feel someone else is doing these things against you, the first step you should take to begin addressing the issue is to send a cease and desist letter. The letter puts the person or company that is violating your rights on notice that they have engaged in illegal and unsanctioned use of property. It advises them to stop doing so immediately, otherwise further action will take place. Essentially, a cease and desist letter is a formal letter warning someone to stop their illegal activity.
If one cannot duplicate a phone number or street address, then why should one have the power to duplicate a domain name? Domain names, similar to words and symbols, can be used to identify a seller’s products and distinguish them from the products of another, and are thus viewed as trademarks. The Ninth Circuit U.S. Court of Appeals recently ruled that a business must use its domain name to sell goods or services in order to protect the name — even if a competitor starts to use the name after you registered the domain. In other words, merely reserving a domain name isn't enough. Thus, its important to register your domain name, because if your domain name has a trademark, the URL has protection under the USPTO.
The Trademark Act of 1946 (“Lanham Act”) prohibits uses of trademarks that are likely to cause confusion about the source of a product or service. 15 U.S.C. §§ 1114, 1125(a). Moreover, to establish a trademark infringement claim under the Lanham Act, a plaintiff must establish that defendant’s use of a mark is confusing similar to plaintiff’s. Id. The main area of inquiry in trademark infringement cases is whether the similarity of the marks is likely to confuse customers about the source of a product or service. ., 174 F.3d 1036, 1062 (1999).
The impact a motorcycle accident can have on a rider or passenger often times inflict damage, ranging from a road rash, broken elbows, hairline fracture, brain hemorrhaging, or a crushed pelvic girdle. It is important to treat your injury and to take immediate action to protect both your legal rights and compensation.
There are many types of injuries involving broken bones caused by a motorcycle accident. Its important to remember that there are different classifications of "broken bones", such as the following:
When a loved one passes away due to the negligence of another party, California law allows for two different types of lawsuits that can be against the negligent party. A California wrongful death lawsuit may be filed by the representative of the deceased’s estate, or by the decedent’s surviving spouse, children or other dependent family members. While, a survival cause of action can be filed by the estate’s personal representative, or if none has been appointed, by the decedent’s successor-in-interest. A survival cause of action can only be brought if the decedent did not immediately die from his injuries. The survival statute allows one to “step into the shoes” of the deceased and recover the damages the had they lived, including and , such as:
Regardless of whether you own an business with a family member, a friend, or hold a position on the board of a large corporation, you know that business and contract disputes can often times cause major problems. Specifically, business owners that face contract disputes with other companies and even more so, between their own ownership structure. For instance, a business contract dispute may arise between two or more partners, when one partner fails to fulfill his responsibilities. Often times business owners do not anticipate disputes until they arise. As a result, income might be lost due to contract breaches; ownership might be in the limbo due to outside lawsuits and claims; and tensions amongst business owners may rise. Lastly, a California business that is facing a lawsuit must be represented by an attorney. As such, a business owner cannot represent themselves in pro per.
As a matter of course, each general partner has an equal right to take part in the . Disputes in the ordinary course of business are decided by a of the . While, disputes or disagreements of or any to the . Be that as it may, in an partnership of any size the will provide for certain electees to manage the partnership along the lines of a company board. Generally, unless otherwise provided in the , no one can become a partner of the However, an existing partner may transfer partnership interests and assign his share of the profits and losses and right to receive distributions.
Not all businesses are made alike. Choosing the right business entity formation is a huge step for any business owner because there are many different entity forms of businesses one can form. A Glendale business entity formation attorney can help you determine which entity form would be the best for your type of business. However, before a business owner considers which entity form h/she wishes, you must determine what name you wish to use for the corporation and check whether or not that name is available to use.
The California Secretary of State website provides a tool for business owners to check for corporation name availability.
In determining name availability, the database checks only against names of like entities registered with the California Secretary of State. Thus, before you are set on a name, check with the California Secretary of State website for corporation name availability.
Accordingly, some experts say that nothing in Assembly Bill 5 will require employees to work set shifts, meaning that Uber and Lyft legally have to allow drivers to make their own scheduling decisions. This California Bill is to better help employees for Uber and Lyft, and other third party companies that offer delivery services for food, groceries, and or client transportation. Also see Uber Insurance Explained
In case the defendant destroyed the evidence when no legal investigation or trial was in process, and later it turned out that the destroyed thing could be used as an evidence in an investigation process that began later he can’t be convicted under Penal Code 135 PC.
A person can be convicted for Penal Code 135 PC intentionally destroying almost any type of evidence such as
It is important to mention that destroying or concealing evidence is not like other California crimes where a person can be charged for attempting to commit a crime. In order to be convicted under California Penal Code Section 135, defendant must have been successful at destroying or concealing the evidence. An unsuccessful attempt to destroy or conceal evidence in California will not lead to a conviction.
There are several common legal defenses for CA Penal Code 135 which including some of the following:
In case defendant wasn’t aware that there was an active criminal investigation when he destroyed or concealed the item of the question, he cannot be convicted of this crime.
In case the evidence was destroyed or concealed accidently and the defendant didn’t act consciously he should not be convicted of this crime.
In case the evidence survived destruction or it was possible to restore it, then the defendant cannot be convicted of concealing or destroying evidence.
Penalties for Penal Code 135 destroying or concealing evidence is a misdemeanor in California Law. The penalties are the following:
The penalties can be leveled in conjunction with penalties for any other crime defendant is accused of. Additionally defendant usually faces to other penalties, such as a 3 year probation period, community service, restitution, civil lawsuits, negative professional licensing consequences, immigration consequences and more.
Hire the most dedicated Glendale criminal defense lawyer who has experience with Penal Code 135 PC cases. You can rely on our experienced California Penal Code 135 PC defense Lawyer to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171.
For example, the CC&Rs may say that you need to keep your garage door shut or they might forbid you from painting your house a certain color. Basically, the CC&Rs tell you what you can and cannot do with your property because it is in a planned community.
Other things that CC&Rs frequently regulate include:
As you can see, there are lots of things to watch out for in a CC&Rs since they can be so particular about what is and is not allowed. If you don’t heed the rules set forth by the CC&Rs, then the homeowners’ association can fine you penalty fees and potentially even force you to give up the house for frequent violations.
By The Way... Bylaws are Different
So, now that we have gone over what CC&Rs are... It’s time to tackle the other elephant in the room: HOA Bylaws. To do that, we have to first understand what an HOA is and how it is set up. A homeowners’ association is almost always established as a nonprofit corporation so that they can spearhead and manage private, planned communities.
Just as with other corporations, an HOA must be governed by a board of directors whom the members elect and a set of rules called bylaws must be written into effect.
The bylaws state how the HOA conducts its operations and business and they contain all of the information and details necessary to run the HOA as a business. Therefore, just like other businesses and corporations, HOA bylaws discuss matters like:
As you can see, the HOA is filled with bureaucracy and much of its internal processes are very boring and time consuming. Of course, because it needs to be run by the people who are its members, that means that your neighbors within the planned community are all going to be present at these proceedings and meetings.
This can amount to quite a lot of neighborhood drama if people disagree upon which rules or laws to set or remove from the bylaws or CC&Rs. Therefore, as a minimum level of precaution we warn and strongly advise all of our clients who are considering purchasing a home in an HOA community to take some time and to familiarize themselves with both the CC&Rs as well as the bylaws of the HOA so that you can be aware of any neighborhood restrictions and prohibitions.
Contact our California homeowner association lawyer if you have a dispute with your HOA, HOA insurance claims, HOA penalty, adverse action taken against you by HOA for failing to follow California Homeowners’ Associations and CC&Rs, or any other HOA related matter.
We break down the details to you very clearly so you do not fall into a costly trap later and we can also help you fight some of the ridiculously restrictive rules and regulations of some CC&Rs. If you have any questions or concerns surrounding homeowners’ associations and the covenants, conditions and restrictions that they may come with, we highly encourage you to give us a toll free call at (310) 943-1171 to speak to our California homeowner association lawyers today.
The primary difference between a cease and desist letter and a cease and desist order is legality and authority. Letters have virtually no legal standing or backing. Order, however, most certainly do. This is because a cease and desist order is granted by a court, not an individual. It functions much like a temporary injunction. The party that gets the order must stop whatever it is that they are doing until a trial is held, at which point, a permanent injunction may get ordered. Libel and defamation are two of the most common reason why you would want to request a cease and desist order from a court of law. Libel is when you are attacked in print. Defamation is when you and your reputation are attacked verbally.
There are many situations that may lead someone to issue a cease and desist, including:
Lastly, you should be aware that a cease and desist can be used to stop contributory infringement. This is when a person knowingly contributes to infringement, but does not actively participate in it. It’s also referred to as contributory liability or secondary liability.
As previously mentioned, the three major ways of protecting your intellectual property are to register trademarks, copyrights, and patents. Trademarks and copyrights usually come into effect the moment you create a work, or when you begin to use a specific phrase or brand in association with your professional work. It is entirely optional to file official paperwork to get them recognized by the government, however, it is worth doing so because they get far more protection when they are registered. Patents, on the other hand, must be registered for protection and the process for their registration is much more convoluted. It calls for protection for inventions, physical creations, and their processes.
You’ll want to send a cease and desist notice if you want to formally warn someone to stop doing something. This includes utilizing your property, harassing you, or illegally using your content. It also serves the important role of being a step to begin further legal processes, should the need arise. Another compelling reason to send a cease and desist is that it’s a lot quicker than formal legal proceedings; oftentimes, it can stop the problematic actions and behaviors without needing to go through the long and costly process of trial.
To start, make sure you are clear in what it is you want to stop and include as many details of the violation as possible when sending a cease and desist letter. You’ll want to include:
If the cease and desist is regarding copyright, trademark, or patent infringement, include details about:
Technically, a cease and desist letter has no legal backing or authority behind it; for all intensive purposes, it is merely a letter requesting that someone stop doing something. However, it does serve an important function in the legal process. This is because it establishes that you have made the offender aware of their violation and have tried to get them to stop, which is crucial because they no longer can claim to be unaware of the violation. Effectively, a cease and desist letter places an informal injunction on the actions of whoever is in violation of your rights, to which they can then choose to:
In the event that the letter is legitimate but gets challenged, the next step is a formal hearing to review the validity of the claims and the demands in the letter. A judge will say whether the defendant needs to stop their actions and behavior. After that, failing to comply is punishable by law.
The catch with all of this is that sending out a cease and desist letter can backfire on the sender in some situations. For instance, if there are threats in the letter, then that can be seen as extortion, blackmail, and other crimes. Additionally, if the violations and accusations turn out to be untrue, then the party who received the letter can counter-sue for judgement and damages. They can do so by declaring that there is no violation and treat the cease and desist letter as its own defamation attempt. So, basically, just be very careful with what you are saying in your letter.
It’s worth mentioning that you can file a civil suit without ever having to write up and send a cease and desist letter. In other words, a cease and desist letter is not a prerequisite to suing someone. However, there are some key advantages to sending the letter as it can begin negotiations to settle the issue without a drawn out court battle. Also, most importantly, it puts the violator on notice. This makes it hard very for them to claim ignorance should the situation escalate to a lawsuit. It’s more difficult to sue someone for something if they were never made aware that what they were doing was illegal. By sending the letter and requiring signature upon delivery, you can at the very least demonstrate that you made attempts to reach out and inform the violator that they are infringing upon your rights.
When you get a cease and desist letter, you do still have several options, including:
Regardless of what you end up doing, here are some essential pieces of advice if you have received a cease and desist letter:
You don't necessarily need a lawyer to write a cease and desist letter for you. You can write it yourself, since these letters aren’t legal orders. However, don’t ever send a threatening letter as that can harm your case and seek legal counsel if you have any doubts.
If you received a cease and desist order you do need an intellectual property lawyer because a cease and desist order is the first step in a lawsuit. Thus, a court of law must grant an order and there is no one better equipped to handle that process than a lawyer.
You will need to hire a lawyer when dealing with cease and desist orders because lawsuits are incredibly complex and you probably don’t know all of the ins and outs that are associated with intellectual property and civil law. This is where an attorney is invaluable because they can pen an effective cease and desist letter as well as advising you about your claim. In short, having a good lawyer on your side greatly increases your odds of succeeding.
At KAASS LAW, we understand the importance of smart legal advice and action. Often, one can take steps preemptively to ensure their rights are not being infringed or violated. However, in the event that it does happen, we are always there to guide our clients. We know how to write an effective letter that will achieve its purpose, and we also know how to help our clients who have been presented with a cease and desist letter as well. If you need help getting someone to stop using your property, to stop harassing you, or to respond effectively to a letter, we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced civil and intellectual property lawyers today.
To protect your business or brand from infringement, you may want to trademark your domain name in addition to a logo, slogan, or design. Merely, registering a domain name does not give you trademark rights, rather it identifies your website and generally will not prevent others from using the name. If you trademark your domain name, you have legal protection if a third party uses your trademarked name. You can file a trademark infringement action against the infringing party and recover money damages, financial losses, and other damages you might have incurred.
The domain should function as a "source indicator." It must convey to whoever sees the URL what products or services are behind the name. A domain qualifies as a trademark when it is a "source indicator." Your domain must convey the products or services associated with the name to whoever sees the URL. Not all domain names can be registered as trademarks. The PTO is particular about what can be registered as a domain name.
Consumer confusion occurs when another company has a domain name close in spelling to your domain. The other company's name might different by one letter. Generally, consumer confusion matters only if a domain name that's similar to the one you want to use is a protected trademark. To be protected, a trademark must be distinctive. If the trademark owner has been able to register a name with the U.S. Patent and Trademark Office, it is probably distinctive. The dispositive question in trademark infringement cases is whether the similarity of the marks is likely to confuse customers about the source of a product or service. Interstellar Starship Services, Ltd. V. Epix, Inc., 304 F. 3d 936, 941 (2002).
Initial interest confusion occurs when the defendant’s use of plaintiff’s trademark sways consumers towards their own product or service by capturing “initial consumer attention.” Brookfield at 1045. In the context of website domain, the defendant’s unauthorized use of the trademark confuses consumers who expect to find the plaintiff’s product or service at that web address. Interstellar at 942. Although actual confusion is not required, plaintiff must prove a probability of confusion, as the mere possibility is not enough. Perfumebay.com Inc. v. eBay, Inc., 506 F.3d 1165, 1176.
To evaluate the likelihood of confusion, including initial interest confusion, the Sleekcraft factors considered are:
(1) the similarity of the marks;
(2) the relatedness or proximity of the two companies' products or services;
(3) the strength of the registered mark;
(4) the marketing channels used;
(5) the degree of care likely to be exercised by the purchaser in selecting goods;
(6) the accused infringers' intent in selecting its mark;
(7) evidence of actual confusion; and
(8) the likelihood of expansion in product lines.
Courts consider these factors within the totality of the circumstances through the eyes of the “reasonably prudent consumer” in the marketplace, not a person with a legally trained mind. Dreamwerks Production Group, Inc. v. SKG Studio, 142 F.3d 1127, 1129 (1998).
In the context of website domain, courts have held that the three most important Sleekcraft factors in evaluating a likelihood of confusion are (1) the similarity of the marks, (2) the relatedness of the goods or services, and (3) the parties’ simultaneous use of the Web as a marketing channel. Interstellar at 942.
No one factor is to be considered conclusive and the relative importance of each individual factor will be case-specific. Compare Brookfield, 174 F.3d at 1061 (holding that use of the domain name “moviebuff.com” violated plaintiff’s trademark rights in the mark “MovieBuff,” as consumer confusion is likely to result from the relatedness of the products and the companies’ simultaneous use of the Web as a marketing and advertising tool) with Interstellar at 943 (finding that domain name “epix.com” for website showcasing creator’s electronic pictures did not infringe the trademark “EPIX,” used in connection with printed circuit boards and computer programs, because there was a lack of relation between the products and both parties marketed to a different consumer base through the web).
The Federal Trademark Dilution Act (FDTA) allows a trademark owner to obtain an injunction against another’s “commercial use in commerce” of a mark or trade name” 15 U.S.C. § 1125(c)(1). “Commercial use in commerce” has been generally interpreted to mean use of mark in relation to any goods or services. Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894, 903 (2002).
If you believe someone is infringing on your trademark or have questions regarding trademark registration, copyright, or any other intellectual property related question, we invite you to contact our office and speak to an experienced Los Angeles trademark lawyer at (310) 943-1171.
It is highly recommend that you speak to a Los Angeles motorcycle accident attorney before doing or speaking to anyone., including insurance companies. If you or a loved one was suffered a motorcycle accident injury, then you have a limited time to take action. Please contact us online or call our 24/7 motorcycle accident attorney help line directly at (310) 943-1171 to schedule your free, no-obligation consultation.
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KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW criminal defense attorneys help clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
In wrongful death cases, plaintiffs are the surviving family members of the decedent and can seek to recover economic damages. This includes financial support the decedent would have contributed to the family during the lifetime of the decedent or plaintiff. Also, loss of gifts or benefits that plaintiff would have expected to receive from decedent. Lastly, funeral/burial expenses reasonable value of household services that decedent would have provided to his or her loved ones. Additionally, the surviving family members may also seek non-economic damages. This includes loss of decedent’s love, companionship, loss of services, loss of support, comfort, care, assistance, protection, and moral support. Loss of the enjoyment of sexual relations and loss of decedent’s training and guidance are also real factors.
A survival cause of action in California can only be brought if the decedent did not pass from the injuries. If the deceased lived for a period between the accident and death, considering to file under survival cause of action. The representative of decedent's estate may seek to recover damages. This includes, “the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement". If you and your family are considering filing either a wrongful death or survival action lawsuit, or both if the circumstances permit, we invite you to contact one of our Los Angeles personal injury attorneys today for a free consultation and case review. KAASS LAW has successfully represented victims in wrongful death and survival cause of actions.
This content is intended for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Vista, Del Mar
Businesses can dissolve the entire or part of a company by engaging in the "winding up" or "dissolution" process. The winding up process is subject to a strict legal rights of its partners, as well as creditors and claimants. Terminating a California business, often times involves a "liquidation process", where the company begins to wind-up affairs, pay debts, and dissolve. Furthermore, there are special procedures for dissolving corporations that are undergoing Chapter 7 bankruptcy, or have disposed of all assets, and not conducted any business for the last five years.
During the winding-up process is subject to strict legal rights of the shareholders, thus must be both "just and equitable" Thus, to ensure that all issues are considered and addressed appropriately, its is recommend to that you consult with California corporate attorney prior to submitting termination documents to the California Secretary of State. If you wish to dissolve or terminate your corporation, we invite you to contact our Glendale business corporate lawyers and discuss the proper legal steps you must take in order to property terminate your California corporation. Under California’s General Corporation law (“GCL”) shareholders holding shares with at least 50 percent of the voting power can voluntary elect to dissolve the corporation. It is important that you review your articles of incorporation and bylaws, and speak to a experienced Glendale business lawyer, to ensure that you are following the proper dissolution procedures specifically for your corporation. If a all members have approved that dissolution, your corporation continues to exist only for the purpose of taking care of final matters. As such, all board members have full power to wind up and settle the affairs of the corporation, including paying all known corporation debts and liabilities, and then distributing remaining assets, if any, to persons entitled to those assets.
There are many corporation entity types and each type have different forms that must be completed with the California Secretary of State. The following are corporation entity types a business owner can choose from:
Often times, many business owners are unable to finalize their corporate filings due to name issues, errors, missing forms, or misstatements in the proposed filings. The following filing tips are designed to help you meet the minimum filing requirements of the California Corporations Code. If you have specific legal questions or concerns regarding to corporate filing we invite you contact a Glendale corporate filing lawyer for a consult. Our business lawyer at KAASS LAW is experienced with many cases involving business law.
As mentioned above, the preliminary task is to check of the availability of a name with the California Secretary of State’s office.
Under California law, a corporation must have at least three directors, unless there are less than three shareholders. In that case, the number of directors may be equal to or greater than the number of shareholders. California does not set forth a minimum age or residency requirement for directors. Either the articles of incorporation or the corporation’s bylaws must state the number of directors that will constitute the corporation’s board of directors. Finally, prepare and file articles of incorporation with the Secretary of the State.
If you will be paying at least $100 to an employee or employees in a quarter (this includes corporate officers), you are subject to California employment taxes and must register for a California employer account number within 15 days of paying that $100. You can register for employment taxes and get your account number online using the Employment Development Department’s website. These taxes must be paid quarterly.
When preparing and filing articles of incorporation with the Secretary of the State, ensure that you have correctly completed the Articles of Incorporation form. A Statement of Information Form SI-550 must also be filed with the California Secretary of State within 90 days after filing the Articles of Incorporation. The Statement of Information must be filed each year thereafter during the applicable filing period. Furthermore, most corporations are required to pay a minimum tax of $800 to the California Franchise Tax Board each year. This content is intended for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, North Hills, Porter Ranch, Chatsworth, Reseda, San Diego, La Jolla, El Cajon, Chula Vista, Del Mar