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Your Legal Corner - Client Alert Blog - Archives for November 2011

New Rules For Service Of A Mechanics Lien

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

A.B. 456 amends California Civil Code Sections 3084 and 8416, relating to mechanics liens. Existing law requires a claim of mechanics' lien to be served on the "owner or reputed owner" of the property. Accompanying the lien is a proof of service affidavit which is required to state the name of the person upon whom the mechanics' lien was served. Effective January 1, 2012, for a mechanics' lien to be valid, the service of process affidavit (proof of service) must state not only the name of the owner or reputed [...]

Tags: mechanics lien
Posted In: Real Estate Reporter 

New CA Rules Governing Corporate Dividends & Distributions

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

Effective January 1, 2012, A.B. 571 amends and greatly simplifies Chapter 5 of the California Corporations Code governing corporate distributions (dividends and share repurchases). In effect, A.B. 571 permits a solvent corporation to make a distribution to its shareholders so long as the value of the corporation's assets will exceed its liabilities after the distribution.

Prior [...]

Posted In: Corporate Client Bulletin 

New CA 'Flexible Purpose' & 'Benefit' Corporations

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

If you plan to form or change a business in California, then your decision on what type of corporation to form just got even more difficult. Prior to January 1, 2012, individuals seeking to form a corporation had two options: form a for profit corporation which focuses on maximizing shareholder profit, or form a nonprofit corporation which prohibits investor profit. With the enactment of A.B. 361 and S.B. 201, individuals will now have two more options: (1) the Flexible Purpose Corporation and (2) the Benefit Corporation. [...]

Posted In: Business Law Bulletin  Corporate Client Bulletin 

Joint Venture Exception to California's Usury Laws

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

In Junkin v. Golden West Foreclosure Service, Inc.,180 Cal.App.4th 1150 (2009), Gary Bennett (a hard money lender) loaned Donald Junkin III (a licensed real estate agent and investor) $856,000 to purchase a property for $1.975 million. The balance of the purchase price came from a licensed financial institution [...]

Tags: promissory note, usury
Posted In: Business Law Bulletin  Corporate Client Bulletin  Real Estate Reporter 

California's New Trustee Sale Notice Requirements

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

Effective April 1, 2012, S.B. 4 amends California Civil Code 2924(f) to require a notice of trustee's sale for the non-judicial foreclosure of a single family residence, and properties with one-to-four residential units, to contain two (2) additional written notices:

  1. a notice to the property owner facing foreclosure about the foreclosure process and that the sale date may be postponed one or more times pursuant to California Civil Code 2924g; and
  2. a notice to potential bidders at a foreclosure sale that describes some of the risks involved in bidding at a trustee auction.
This [...]

Posted In: Real Estate Reporter 

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.