Same-Sex Couples Can Marry in any State in the United States

As of June 26, 2015, same-sex couples can marry in any state in the United States. This is a result of the ruling by United States Supreme Court in Obergefell v. Hodges. The Justices found that state law banning same-sex marriage is unconstitutional. As such, same-sex couples in California have the freedom to marry. Additionally, the court ruled that a denial of a marriage license to a same-sex couple violates the Fourteenth Amendment of the U.S. Constitution. Requirements for same-sex … [Read more...]

What Does Piercing the Corporate Veil Mean?

Many people incorporate their businesses in order to avoid becoming personally liable for the company's losses. When a business is incorporated, owners and shareholders cannot lose more than the money they invested into the business. If the company is not incorporated, but instead is operated as a sole proprietorship or partnership, the business owners could become fully responsible for covering the organization's financial losses. For example, if a partnership went bankrupt or was sued, the … [Read more...]

How to Form a Business Entity in Irvine, California

There are a variety of different business entities that can be formed to provide protection from liability and various tax benefits. These include S-corporations, C-corporations, and Limited Liability Companies (LLCs).  When you decide to start a business, you will need to make the choice about not only the type of business entity that you wish to operate as, but also about the state where you wish to be incorporated. Knowing how to form a business entity is complicated, especially if you are … [Read more...]

Who Pays for Daycare After Divorce?

When parents are involved in a divorce, many issues must be resolved in order for the marriage to end. Parents should try to come to an agreement on how to share parenting time whenever possible. If they are successful, the court should put a custody order into place so the parent's timesharing agreement is legally enforceable. If parents do not agree on their own about how they will divide up time with their children, the judge will consider what is in the child's best interests and will divide … [Read more...]

Do You Have a Right to Remain Silent in a Civil Case?

The Fifth Amendment establishes the right to remain silent and the right not to be a witness against yourself in a criminal case. This important constitutional amendment means you do not have to provide an answer that would incriminate you.  However, while the Fifth Amendment means you cannot be compelled to testify against yourself, it does not necessarily allow you to avoid answering any and all questions or responding to discovery requests.  Because the Fifth Amendment applies to protect … [Read more...]

I’ve Been Sued in Federal Court: What do I Do?

Being named as a defendant in a lawsuit is always stressful. This is especially true when you received notice that a federal lawsuit has been filed against you. A lawsuit in federal court can be brought only under limited circumstances, such as when a case arises out of federal law or when a plaintiff and defendant are from different states and the amount in controversy is $75,000 or greater. Because federal cases are often high-stakes cases with a significant amount of money that could … [Read more...]

How Much Child Support Must be Paid After a California Divorce?

One of the most fundamental obligations of a parent is to ensure that a child's basic needs are provided for. This obligation does not go away just because a parent is not living with a child. In fact, a parent is obliged to provide support even for a child who he or she does not visit, does not know, and did not intend to conceive. Child support is required of any parent whose rights have not been terminated by the court, and it must be paid regardless of whether the child's parents were … [Read more...]

How Does a Judge Make a Decision on California Spousal Support?

Spousal support or alimony is awarded in some, but not all, divorces in California.  In virtually all divorces, couples are encouraged to try to work out issues themselves outside of court without litigating matters like spousal support and asset division. If a couple cannot agree, a judge applies the laws found in Family Code Sections 4320.  It is important to understand the different things a judge will consider when he makes a decision on California spousal support. If you know what judges … [Read more...]

Who Will Hear A Civil Litigation Case?

Who Will Hear A Civil Litigation Case? from Gregory Brown Many civil litigation cases settle outside of court before they get to a trial. If your case does not settle, it will proceed to court. Your case may be heard in federal court or in state court depending upon the nature of the dispute. Learn more about it in this presentation. … [Read more...]

What are Some Common Types of Complex Commercial Litigation?

Commercial litigation is broadly defined to encompass all legal disputes involving commercial entities and arising out of state and federal corporate law. There are myriad laws regulating businesses in the state of California. If your company is accused of failure to fulfill an obligation or breach of legal duty, you can find yourself being sued. If some other individual or company violates the rights of your organization, you can also take legal action and sue as the plaintiff.  No matter … [Read more...]