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Business Law Recent Legal Answers from Lawyers

Business Law Recent Legal Answers from Lawyers
It sounds as if you are the only owner oif each business. The manner in which you structure your businesses will affect your exposure to liability and could affect your taxes as well. More facts are needed. you should consult a business lawyer.
It sounds as if you are the only owner oif each business. The manner in which you structure your businesses will affect your exposure to liability... Read More
It is very doubtful that the park would be responsible to pay these fees as part of the attorneys' representation - even if the retainer agreement provided that the park was responsible for the attorneys' own fees in a separate action independent of the rent increase litigation, which is very unlikely, such provision is unlikely to be enforceable in Court.  Of course, this doesn't mean that the attorneys won't try to bill for them.  Also, if the accusations are unfounded, it is possible that the attorneys could recover their expenses as damages in a lawsuit they bring for wrongful prosecution or some similar tort (e.g. abuse of process). ... Read More
It is very doubtful that the park would be responsible to pay these fees as part of the attorneys' representation - even if the retainer agreement... Read More
File a small claims lawsuit.
File a small claims lawsuit.

Can you have one llc for two DBAs?

Answered 15 days ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
You can have more than one dba for an llc, but in your case I would not recommend it.  LLC's are separate legal entities; dba's are just trade names, not separate entities.  In other words, if you have 2 llc's and operate them correctly, they will each be independent entities and not responsible for each other's obligations.  No matter how many dba's you use, however, if they are all used by the same llc, that llc is reponsible for all of its obligations, regardless of which name was used in incurring the obligation.  It is one entity for tax purposes as well.... Read More
You can have more than one dba for an llc, but in your case I would not recommend it.  LLC's are separate legal entities; dba's are just trade... Read More
I'm not sure whether you propose to form another llc that you and your husband would own, or to have the first llc own the second llc.  In either case, the two llcs COULD share equipment, but it may not be a good idea unless the owning entity charged the using entity market rate rent for the use.  The advantage (apart from your insurance issue) of having separate entities is that neither will generally be liable for the other's obligations, nor would you and your husband be personally liable for the obligations of the llc's.  If, however, you don't treat the llc's as independent entities, but rather as one and the same, you run the risk of a claimant "piercing the corporate veil" of the entities to hold one liable for the obligations of the other, and even to make your husband and you personally liable for the obligations of the entities.... Read More
I'm not sure whether you propose to form another llc that you and your husband would own, or to have the first llc own the second llc.  In... Read More
You would sue for your damages, which may or may not be the amount you paid.  For example, if it cost you $10,000 to have someone else complete the work, you would sue to recover those damages, even though you only paid this iperson $6,300.  If your contract provides that, in the event of a dispute, the losing party willl pay the prevailing party's attorneys' fees in connection with the dispute, you would sue for that as well.  However, New York law (assuming that NY law governs this transaction, which I can't tell from the facts given) does not allow punitive damges for breach of contract except in truly egregious cases, which you don't have.  I doubt that Washington law is different.  Moreover, I don't believe that small claims courts in NY have the power to award punitive damages (I don't know about Washington).... Read More
You would sue for your damages, which may or may not be the amount you paid.  For example, if it cost you $10,000 to have someone else complete... Read More
Absent a contract limiting your right to fire her, you can terminate her employment at any time for any reason other than those prohibited by statute, i.e. based on race, religion, etc.  If you're asking about unemployment insurance considerations, I am not familiar with California's unemployment insurance laws, but I would be surprised if denigrating your business was not cause for termination. However, there are issues with paying someone as an independent contractor (1099) when they should have been classified as an employee (W2), because employers are required to withhold various taxes from employee's paychecks.  If you did not withhold  taxes because this person was classified as an independent contractor, it cculd lead to serious issues with taxing authorities.  I would advise you to consult a California attorney about this.... Read More
Absent a contract limiting your right to fire her, you can terminate her employment at any time for any reason other than those prohibited by... Read More
That depends.  What are the terms of the lc?  Does the business owe money to other creditors and if so what are the terms of the contracts with those creditors?  Are there other owners of the business and if so what are the terms of the agreements between the owners?  The bottom line is that if the terms of the lc allow drawing on it for personal reasons, it doesn't violate any of the agreements with other creditors and doesn't prevent any of them beins paid, and it doesn't violate any agreements with any other owners, I see no reason why it wouldn't be legal, but it may still be problematic because the commingling of personal and business finances may allow a creditor of the business to "pierce the corporate veil" (assuming that the business is a corporation or other separate legal entity)  and hold the owner personally responsible for debts of the business.... Read More
That depends.  What are the terms of the lc?  Does the business owe money to other creditors and if so what are the terms of the contracts... Read More
I don't think it is worth hiring an attorney over $400, but if you are a corporation or other business entity you may have no choice.  Corporations, llc's, and some others are legal entities which can only be represented by attorneys.  Individuals can represent themselves, but not anyone or anything else.  However, in some small claims courts, a shareholder is allowed to represent his corporation.  I do not know if the small claims court in your jurisdiction is one of these.... Read More
I don't think it is worth hiring an attorney over $400, but if you are a corporation or other business entity you may have no choice. ... Read More
Are you receiving payments for yourself, or as the beneficiary of your father's estate?  If the former, you may have standing to enforce the contract or seek damages for its breach as a third party beneficiary of the contract between your father and his former partner; if the latter, the representative of your father's estate (the executor or administrator, or they may use a different term in NC) would be able to enforce the contract/seek damages for breach on behalf of the estate.  If no estate proceeding was instituted, starting one and getting an executor/administrator appointed would be a prerequisite to bringing any suit on behalf of hte estate.... Read More
Are you receiving payments for yourself, or as the beneficiary of your father's estate?  If the former, you may have standing to enforce the... Read More

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