May 2019

7May

Why is it important to consult with a lawyer before starting a business?

by kennedylawblog Civil Litigation

Aside from tax implications and series of licenses required, consultation and involvement of a lawyer may be the major key to a permanently successful business.

Why is that?

A lawyer sees the conflicts, the potential hold ups and disputes even when a general outlines of a business is described to her, and the unknown or unforeseeable details may not always be necessary.

The contract and remedy laws, addressing disputes, disagreements and different interpretations of clauses have been addressed in severalty and details in multiple rulings. The disputes often embodies on the “profit and loss” and “expectations and shortcomings” —after all it is business.

The short comings, over promising and under delivering or as business owners may perceive it as other than breech of the contract” Fraud, Misrepresentation, Misleading, Breech of Fiduciary Duty, or Shareholders Disputes, etc” are often much more easier to address in the court proceedings if all the primary contract and duties were “fully disclosed and agreed upon”. After all contracts are “mutually agreed upon terms”, where the minds meet and intentions are openly honest.

With a proper and strong initial contract as a baseline, however, the issues of “Fraud , Misrepresentation, Breech, etc” maybe addressed faster and in a more clear manner.

True that in the course of business, unexpected events might happen. Evidence might pont out that a party could not possibly fulfill his/her duties. The circumstances made it impossible for the terms to be met. But absent solid and reasonable defenses, breeches may not be justifiable.

So, however we look at the businesses, and in the court of law, what is written on the paper prevails. Why not have the success at the initial stage? And agree on all the relevant terms initially to be able to proceed in clarity and good faith?

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 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

7May

Children’s participation and testimony in California family court proceedings based on 2019 rulings

by kennedylawblog Civil Litigation

Children’s participation and testimony in California family court proceedings based on 2019 rulings:

Children’s participation in California Courts are decided based on the merits of each case. There is no certain ruling to encourage or discourage the child from participation. The court however balances the recommendation of participation based on protecting the child and the rights of parties or opposing parties to be able to challenge the evidence in legally and reasonably accepted manners. This in particular is important in making custody decisions.

The parties, as followed MUST inform the court if the child wishes to participate: Minor’s lawyer, Evaluator, Child custody lawyer, an investigator.

The parties, as followed MAY inform the court of ANY information regarding child’s desire to participate.

And in the absence of all above, judicial officer MAY inquire Whether the child wishes to participate.

The court determines the child’s best interest according to the following:

1-If the child requests to address the court, judicial officer MUST consider.

2-If the child is 14 years or older, judicial officer MUST hear the child, UNLESS court MAKES a FINDING that it is NOT to the child’s best interest to accept child’s participation or testimony.

3-The mental capacity and intelligence of the child

4-The child’s understanding of the nature of her/his testimony.

5-Whether the information puts the child EMOTIONALLY at risk.

6-The Potential benefit of the child’s testimony to his or her benefit.

7-Other factors in favor or against child’s testimony.

8-Whether the circumstances can be provided that the child CAN BE OPEN and HONEST.

Important note: No testimony of a child is accepted UNLESS such testimony is recorded and heard by both parties.

Important note: Testifying child may have an INDEPENDENT Lawyer to be appointed for her/him by 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).