Business Owners

Commercial Tenants May Be Required to Pay Rent to Bank when Landlord in Default

Section 2938 of the California Civil Code requires commercial tenants to pay their rent to the creditor of their landlord when a landlord defaults on its obligations to its creditor under certain circumstances.  The general principle is that if a landlord defaults under an obligation to the creditor, the creditor can compel the tenant to [...]


Tips for Entrepreneurs: Leasing a Commercial Space

While some business endeavors can be conducted completely from home, there are situations in which a business’s success depends on finding the perfect storefront.   So what are the differences between renting a residential property and renting a commercial property- and what should you look for? In many ways, you should look out for the same [...]


Tips for Entrepreneurs: Doing Business Under a Fictitious Business Name

Is your business name “fictitious”?  While the term “fictitious business name” may sound fishy, it actually is a legal term defined by the California Business and Professions Code.  The terms “fictitious business name” and “DBA” (an acronym for “doing business as…”) are often used interchangeably, but California code uses the term “fictitious business name,” so [...]


Partnership Agreements for California Partnerships

Partnership Agreements for California Partnerships In our recent post describing the types of business partnerships that could be formed in California, we mentioned that forming a partnership can be as simple as an oral agreement or a handshake.  However, making such informal business agreements is not recommended. Since partnerships have multiple owners, it is wise [...]


Tricks of the Trade, Part 2: Trade Secrets and Inevitable Disclosure in California

A few weeks ago, we posted an article geared towards entrepreneurs who are striking it out on their own with a new business venture.  We provided some tips on how to make sure you leave behind all files and documents that your former employer might classify as “trade secrets” to avoid misappropriation allegations, but closed [...]


Tips for Entrepreneurs: Hiring Employees in California

Congratulations!  Your business is expanding, work is pouring in and you think it’s time to hire someone to help you handle it all.  When it’s time to hire your first employee, it’s important to do everything “by the book” instead of “under the table.”  Here’s a quick list of some of the important considerations and [...]


Types of California Business Partnerships– General Partnerships, Limited Partnerships & Limited Liability Partnerships

In California, a business partnership can be created by a formal written contract filed in state records, or by something as simple as an oral agreement.  The different types of partnerships have different requirements. A general partnership is the easiest partnership to form since you are not required to register this type of partnership at [...]


Trademark Protection for the Entrepreneur

A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.  A service mark is basically the same thing, except it distinguishes the services provided by one party rather than physical goods.   Trademarks protect what we typically [...]


Tricks of the Trade, Part 1: Avoiding Trade Secret Misappropriation Allegations

Chances are, if you are starting your own company, you aren’t going to be a newcomer to whichever industry category your new business falls within.  After years of managing hotels, you found the perfect location to convert into your own bed and breakfast.  After working as a mechanic at a dealership for a decade, you [...]


Tips for Entrepreneurs: Various Insurance Options available to Businesses

Auto insurance, homeowner’s insurance, health insurance…you probably are a policyholder for at least one of these common types of coverage.  Just as individuals can insure their cars, homes and good health, business owners have the option (and in some cases, requirement) to insure different aspects of their business. In this article, we will discuss the [...]