Archives April 2019

Starting your own business and being your own boss has become very important to many Americans. To come up with an original idea or invention and be able to market it to make a living is becoming the new American Dream.

Before you start your business however, ask yourself: What type of business should I start? That is to say, should my business be a Limited Liability Company (LLC) or a S Corporation for example.

Before you decide though, know that both of these examples have similarities and differences.

For example, neither an LLC nor a S Corporation will be recognized in the state of California until the appropriate paperwork is filed.

Secondly, both the LLC and S Corp. grant the business owners protection against business creditors. This means that the liability that a business owner is on the hook for will not extend to the owner’s personal assets.

Finally, when it comes to taxes, it is possible for both LLCs and S Corporations to have the business profits and losses be reported on the tax return of the owner.

The main differences between an LLC and S Corporation is how many owners they can have and what kind of owners. That is to say, anyone can be an owner in an LLC, however for an S Corporation there can be no more than 100 owners who must all be U.S. Citizens.

Another important difference between the two is how profits are shared. Under a S Corporation formation, all profits must be shared equally between the owners and what percentage of the business he or she owns. LLC’s have more leeway in how profits are distributed.

Finally, when compared to an S Corporation, and LLC is cheaper to form initially.

Whatever option you feel is best for your business, you do not need to go at it alone. This is a simple breakdown of the differences between an LLC and a S Corporation. Seeking the guidance of an experienced Business Attorney can help you decide how to set up your business.

This is a California Business Law blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA).

Email: Kennedycounsel@gmail.com

Phones: 13106230080 & 19496770063

Imo: 13106230080 & 19496770063

Telegram & WhatsApp: 19496770063

Office Locations:

Los Angeles (Westwood) Location

-Openheimer tower

10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024

Phone: 13106230080

Orange County Locations:

Irvine:

-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618

Newport Beach:

-5000 Birch St, Suite 3000 Newport Beach CA 92660

Phone: 19496770063

In the California Family Law Courts, when one party files for dissolution of marriage, the court may issue one- or both-party members an Automatic Temporary Restraining Order.

This is important for the parties since it keeps both members from doing certain things when it comes to their children or even their finances.

For example, if the party members have children in common, the Automatic Temporary Restraining Order or ATRO for short, keeps either parent from taking the children outside of the state of California. This means that one parent cannot take the children to another state unless the parent is given written permission (consent) from the other parent.

If the parent is not willing to give consent, a parent is able to petition the Family Law Court for permission to allow the children to travel outside of the state.

This also keeps the children from being removed from the country. Which means that a new or replacement passport may not be obtained or applied for the children.

This temporary restraining order also has an impact on the finances of both parties. For example, if either party has life insurance, auto insurance, health insurance, etc. and their spouse is the beneficiary of the policy, the beneficiary cannot be changed until the ATRO is lifted or permission is granted by the court.

The same is true for any property  (real or personal) even if it not community property. If the spouse is the beneficiary of such property, the beneficiary cannot be changed until the ATRO is lifted or permission is granted by the court.

This is a California Family Law legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA).

Email: Kennedycounsel@gmail.com

Phones: 13106230080 & 19496770063

Imo: 13106230080 & 19496770063

Telegram & WhatsApp: 19496770063

Office Locations:

Los Angeles (Westwood) Location

-Openheimer tower

10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024

Phone: 13106230080

Orange County Locations:

Irvine:

-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618

Newport Beach:

-5000 Birch St, Suite 3000 Newport Beach CA 92660

Phone: 1949677006

In California family law courts, the courts hold the power to change any order even after the final judgment. These changes are known as “Modifications”. There are many parts of the order that a California Family Court can change. One area where the California Family Courts can modify the order is when it comes to spousal support.

There are instances however, where even the court is unable to modify a judgement.

For instance, if there is a written agreement between the parties not to modify specific parts of the court order or if the parties orally agree in court not to make changes to the order.

Child support is one area where the court can make modifications at any time. A party must have good cause though to request the court for a modification to the amount that is to be paid for child support.

For example, if one or both parties become unemployed, the court has the power to retroactively modify the order to the time that the job was lost.

California Family Courts place the burden of proof on the party requesting the modification to the order. It is important for the person making the request to Family Court to gather sufficient evidence and/ or documentation to show that a modification to the order is appropriate.

This is a California Family Law legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA).

Email: Kennedycounsel@gmail.com

Phones: 13106230080 & 19496770063

Imo: 13106230080 & 19496770063

Telegram & WhatsApp: 19496770063

Office Locations:

Los Angeles (Westwood) Location

-Openheimer tower

10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024

Phone: 13106230080

Orange County Locations:

Irvine:

-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618

Newport Beach:

-5000 Birch St, Suite 3000 Newport Beach CA 92660

Phone: 1949677006

During a dissolution of marriage, both parties will have to list all assets that are community property.

To purposely hide assets during this process can be considered fraud.

If the courts rule that a party has intentionally concealed assets during the court proceedings, the court may set aside the entire judgement.

This is true even if the fraud is discovered after the distribution of assets.

Counsel also has the option to file tort of action for fraud against the offending party.

The court may relief if it was found that the concealment of assets was done because of “Extrinsic Mistake”. An example of an extrinsic mistake is a disability of a moving party when the judgment was entered.

For any property that was not included in the court’s judgement, the court treats it as if it were still owned by both parties as tenants in common. The court still has the ability to pass judgment on the property and divide it accordingly amongst the parties.

This is a Family Law legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA).

Email: Kennedycounsel@gmail.com

Phones: 13106230080 & 19496770063

Imo: 13106230080 & 19496770063

Telegram & WhatsApp: 19496770063

Office Locations:

Los Angeles (Westwood) Location

-Openheimer tower

10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024

Phone: 13106230080

Orange County Locations:

Irvine:

-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618

Newport Beach:

-5000 Birch St, Suite 3000 Newport Beach CA 92660

Phone: 1949677006

Going through a divorce is bad enough on its own. Usually the reason for the divorce is something negative such as infidelity. One party usually has to move out of the home and find somewhere else to live. Lawmakers in California know how stressful a time this is for couples. Lawmakers in California also realized that sometimes, one party would sometimes do things on purpose to make things difficult on the other party. Sometimes they would do this with the help of their attorney. To keep parties from wasting each other’s time, or causing unnecessary delays, law makers in California passed laws that allowed the court to place sanctions on parties who showed bad faith behavior or used bad tactics during divorce proceedings.

If you feel that your soon to be ex-spouse is engaging in frivolous, bad faith, or bad tactics during your divorce process, it is a good idea to keep a log of all the bad things they do. This way, during the divorce hearing, you can submit your proof and have the court decide if your spouse is deserving of sanctions. The better your documentation, the better your evidence will look when you submit it. You should tell your divorce attorney that you feel like you are being harassed and he or she should help you document each incident.

If it comes to light that the divorce attorney of your soon to be ex-spouse was helping him or her, then the attorney may also be subject to sanctions. Again, it is important to document each incident to show a pattern of harassment. Keep a running log of every incident, exchange your have with your spouse or your spouse’s attorney, and make sure you keep a copy of any document that is sent to you from them.

If you are going through a divorce, or feel like it’s time to file for divorce, hiring a knowledgeable and experienced divorce attorney can help you through this difficult process.

This is a Divorce legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA).

Email: Kennedycounsel@gmail.com

Phones: 13106230080 & 19496770063

Imo: 13106230080 & 19496770063

Telegram & WhatsApp: 19496770063

Office Locations:

Los Angeles (Westwood) Location

-Openheimer tower

10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024

Phone: 13106230080

Orange County Locations:

Irvine:

-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618

Newport Beach:

-5000 Birch St, Suite 3000 Newport Beach CA 92660

Phone: 1949677006