California Legal Blog

What causes a business partnership to sour?

When you’re starting a business with a partner, it may seem like you two are perfectly in sync and will never have an issue with one another. The reality is that most business partners will butt heads once in a while.

A dispute between business partners can have a big impact on the company, its employees and the bottom line. How can entrepreneurs who are beginning their partnership now avoid a potential fight in the future?

Importance of equalization in estate planning and succession

There are many family-run businesses in California and throughout the nation. Astute business owners understand the importance of thorough estate planning, especially when it comes to executing business succession plans. This can be a tricky process because many family-run businesses include several adult children who may not agree on or be capable of managing the company in question.

Let's say there are two siblings who are very good with finances and business management and another sibling who doesn't really have a head for business but desires to obtain his or her share of inheritance. An estate owner can use the equalization process to ensure that assets (including those associated with the family business) will be distributed fairly and equitably when the time comes to administer his or her estate. However, it may not be necessary to transfer specific ownership of the business to the adult child who is not capable of running it and may not even want anything to do with the business in the future.

Facing problems with post divorce parenting plans in California?

Sometimes, it helps to reach out for support from a trusted confidant, perhaps a friend, work colleague or family member, when trying to adapt to a new lifestyle after divorce. However, there are certain topics that may feel a bit too new or too private to share although you might still feel a need to seek assistance in some way. For instance, if you have an existing court order and are experiencing problems where your parenting plans are concerned, it may help to speak to someone who has gone to bat for other California parents in similar situations.

Child-related issues often evoke strong emotions on both sides in divorce. The good thing is that most experienced family law attorneys are also highly skilled negotiators. You can turn to an attorney for help if you are unable to resolve a legal problem related to parenting.

Jennifer Hudson makes accusations in child custody battle

An attorney representing former professional wrestler and reality TV star David Otunga said his client is not worried about the allegations Oscar winning actress Jennifer Hudson has made against him. The two were formerly engaged to be married. They are now engaged in a child custody battle over their son. There may be California parents facing similar situations.

Hudson and Otunga never it made it to the altar and each apparently thinks himself or herself the better choice as a primary caregiver of their child. Up to this point, it is the child's father who has reportedly served in this capacity as his mother often travels for her work as an actress. Hudson recently filed for a protective order against Otunga.

State level Supreme Court declines hearing of child custody case

In 1978, a law was passed to keep the U.S. government from separating native American families in California or anywhere, except under certain circumstances. In a child custody battle that has been lingering for years, one parent is of native American descent, the other is not. The parents are fighting over custody of their two children who, of course, are part native American.

Attorneys speaking on the children's behalves say the Indian Child Welfare Act should have no bearing on the case because it is a private matter that in no way involves the U.S. government. The attorneys further argued that giving the decades-old Act bearing on a current custody case that does not involve the government impedes the court from acting in children's best interests. The Act was originally set forth to protect native Americans from mistreatment that had been occurring at the hands of government agencies and other officials.

Business litigation going both ways between photographer and CBS

Copyright property laws are often complex and determining whether infringement has occurred can be challenging. Many California business owners are currently battling such issues out in court; others are wondering whether they have grounds to launch business litigation against parties who have possibly infringed upon their intellectual property rights. In either case, reaching out for experienced guidance and support is often the best way to handle such matters.

In one ongoing situation, a photographer says he saw his work published on a CBS website without his permission. He says it is not the first time the same online writer has used his photos to accompany news stories without seeking permission to do so. The CBS employee posted a response to the photographer's fiery Twitter demand to remove the photo from the internet by saying the photo was given to him by the subject of the photo himself; therefore, he did not know the photograph belonged to the photographer.

It's not always easy getting paid for your work

It happens to every contractor at some point. They do a job, submit the bill, and commence to wait ... and wait.

Billing disputes are a big deal to both sides because they are big-ticket items that can trigger financial failure for both parties.

Age when entering marriage may impact likelihood of divorce

It is no secret that many California marriages, like others throughout the nation, will not last the lifetimes of those involved. Divorce rates are extremely high, and there are apparently several factors that suggest a propensity toward marital dissolution. If a particular couple experiences one or more issues on the list, it might be a sign that trouble lies ahead.

One of the major red flags that may mean a marriage is more likely to end in divorce is the age of the bride and groom at the time the wedding takes place. Studies show that people who get married when they are older tend to have unions that last the longest. Additionally, how far each spouse went in school also seems to matter.

Keep the happy in Happy Holidays rectifying child custody issues

When you divorced,  you knew you and your children would face your share of challenges as you adapt to a new lifestyle. You were pleased when summer went well; you may even have enjoyed a small vacation at a California beach or some other trendy location. The next obstacle you overcame was the start of a new school year. Now, you're gearing up for your first post-divorce holiday season, and certain child custody issues have you worried.

Negotiating a new parenting plan went a lot better than you'd expected. One of the things that led to your divorce may have been a lack of communication or at least the inability to communicate amicably. That's why when your former spouse agreed to all the terms in your proposed parenting plan, you considered it a major breaththrough and were hopeful you'd be able to get along for the children's sake, moving forward toward the future.

Wills can help prevent a lot of stress and family discord

Sometimes, California estate owners die and their estates are administered with no obstacles or problems arising throughout the process. Most often, if this is the case, it's because the estate owners took the time to carefully execute solid plans that included wills, powers of attorney and other key documents that can help prevent stress and avoid confusion down the line when the time comes for their assets to be distributed. Those who die with no final will and testament in place automatically cause their estates to become intestate, meaning their loved ones will have to sit back and wait as the probate court determines how assets (and liabilities) should be dispersed.

The final will and testament is not the only type of estate planning instrument, however. Many people take the time to put their wishes and instructions in writing while they are still living and of sound mind regarding medical care and financial issues. Such documents are known as living wills, and they can alleviate potential burdens for family members in urgent situations where estate owners themselves may suffer injuries or illnesses that incapacitate them.

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