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What You Need to Know About Partition Actions in California from a Real Estate Attorney

What Is a Partition Action? A partition action is a cause of action that falls under real estate litigation. A partition cause of action divides a property Such action is brought when a co-owner of a property wants to sell a property but the other co-owners refuse. Partition actions are governed by California Code of Civil Procedure §872.210. A party may file for partition in order to divide the ownership interests among all parties involved. Each co-owner of a property has the right to divide the property and sell their portion. In most cases, this leads to the sale of the...

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The Civil Litigation Process in California: A Helpful Guide

The Litigation Process If you're involved in litigation, the process can seem daunting. By taking the time to learn the basics of the litigation process, you will be able to learn the steps involved and how to prepare best so that you can help your attorney present your case in the best way possible.  Step One: The Complaint The first step in any litigation is the filing of a complaint. The complaint is a document that sets forth the factual basis for the lawsuit and identifies the relief the plaintiff (the party who filed the lawsuit) seeks. Once the complaint is filed, it...

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What is the The California Consumer Privacy Act?

The California Consumer Privacy Act (CCPA) was enacted on June 28, 2018 and went into effect in 2020. The law is aimed at protecting the privacy of consumers in California by granting them certain rights over their personal data. Under the CCPA, businesses must provide clear notice to consumers when collecting their data, inform them of the categories of personal information being collected and sold, respond to any consumer requests regarding their data and refrain from discriminating against customers who exercise these rights.  In addition to providing consumers with more control over their data, the CCPA requires businesses to implement reasonable security measures...

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Home based businesses in CA: What You Need To Know

More than 50% of businesses in the United States are home-based businesses. While operating a business out of your home in California has many advantages, there are many considerations to keep in mind. As with any business venture, it is important to consult with an experienced business lawyer who understands the complexities of business law in California. This blog post will discuss some of the key points you should consider before launching your own home-based business in California. With this information and guidance from a knowledgeable business attorney, you’ll be well on your way to success as an entrepreneur. Confirm whether...

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What You Need To Know About Selling Copyrighted Goods

What You Need To Know About Selling Copyrighted Goods

If your business sells copyrighted products to customers without permission from the copyright holder, you may be held liable for copyright infringement. This means the copyright holder may take legal action against you and seek damages. In some cases, criminal penalties may also apply. Copyright infringement is a serious offense with severe consequences.  The U.S. Copyright Act of 1970 is a federal law that grants authors, composers, and other creators exclusive rights to their creative works. The Act sets out the scope of copyright protection and establishes the Copyright Office to register copyrights and provide information about copyrights. Under the Act,...

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Breach of Contract: What It Is and How to Avoid It

BREACH OF CONTRACT: WHAT IT IS AND HOW TO AVOID IT

When it comes to business and other legal transactions, it’s important to make sure that the agreement between all parties involved is legally binding and that each side is held accountable for fulfilling their part. Unfortunately, sometimes one or more parties may breach the contract, leaving the other side with a legal dispute. If you find yourself in this situation, you need to understand how to handle a breach of contract and when to seek legal advice.  A breach of contract is when one or both parties of a legally binding agreement do not fulfill their obligations under that agreement. Breaches...

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Top 3 Reasons Why Small Businesses Get Sued

Top 3 reasons why small businesses get sued

As a business owner, you’re a risk taker. You took a chance in your industry to pursue something you believe in and are passionate about. From putting products out into the public marketplace and using market research to create and promote other materials to entering into client contracts and inviting the general public to view and interact with what you’ve made, owning and operating a business comes with a slew of risks. Aside from dealing with the public and business interactions that come with a sale or a client, you also have a commitment to your employees. You’ve hired a team that...

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Piercing the Corporate Veil in California: What You Need To Know

PIERCING THE CORPORATE VEIL IN CALIFORNIA: WHAT YOU NEED TO KNOW

In the state of California, a corporation is considered a separate legal entity from its shareholders, officers, and directors. This means that the corporation is responsible for its own liabilities and debts, and the individuals associated with it are not held personally liable. However, in certain circumstances, a court may "pierce the corporate veil" and hold the individuals behind the corporation liable for its actions. In California, the legal concept of piercing the corporate veil serves as a reminder of the importance of maintaining a clear separation between the corporation and its shareholders, officers, and directors. It also serves as a...

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Copyright Registration: Why Register Your Copyright?

Copyright Registration: Why Register Your Copyright?

As a creator, business owner, designer, etc., you take pride in your work.  Spending hours, days, weeks, months, and maybe years on a product, service, or other work gives you a sense of pride and purpose, alongside any monetary compensation you may receive.  But how do you ensure that what you’re sharing with the world isn’t illegally duplicated? What Is Copyright? As an author or creator, you value being able to share your expression. Copyright is a type of intellectual property that puts value on that expression by protecting your original authored works, whether it be a product, service, or other creation. As soon as...

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California LLC: What You Need to Know

CALIFORNIA LLC: WHAT YOU NEED TO KNOW

When you start a new business, one of the most important decisions you must make is to determine which type of legal structure best suits the needs of your business. The legal structure of your business will determine your tax rate, management obligations, and other important factors of your business. One of the most popular entity types is a Limited Liability Corporation, or LLC. A California limited liability company (LLC) is a form of business organization that combines the limited liability of a corporation with the flexibility of a partnership. LLCs are formed by filing articles of organization and paying a...

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