Q. Dear Law Librarian, I am starting a new business. I hired a graphic artist and now have a really awesome logo. I have gotten my business license and registered as an LLC with the Secretary of State. How can I protect my logo? What’s the difference between a trade name and a trademark? Dana A. You are right this is a confusing area of the law especially for new businesses. Trade Names Trade names are just the name of the business entity used in identifying a business and generally used by the company for billing, taxes, banking, or other identification purposes. Trademarks Trademarks are marks used in connection with goods or services so that consumers recognize the marks as identif

Q. I filed divorce papers months ago. We don’t have kids. When I served my husband, I found out he doesn’t live at his address any more. It turns out he’s now in jail. I’m not sure what to do next and I don’t have copies of my paperwork any more. How do I finish up my divorce? Anne  A. Dear Anne, Unfortunately it sounds like you still have a lot of work to do to get the divorce done. Before you can really get started, you will need to get your husband served. And before you can do that, you will need copies of your paperwork. You can get copies of all the paperwork you have filed by visiting the courthouse where you filed them. In Sacramento, for family law cases, that is the William R.

Q. I am the plaintiff in a motor vehicle personal injury case in Sacramento Superior Court. I went to your wonderful Civil Self-Help Center, which helped me get started with my complaint, and I want to thank you for offering that service! I also attended the Discovery Class on a Thursday, where the staff attorney explained all about the discovery process, and a Discovery Lab the next Thursday, where, again with the help of the staff attorney, I drafted some Interrogatories, and served them on the defendant. The problem now is she won’t answer them. What do I do? Georgette A. Thank you very much for your kind words about the Civil Self-Help Center, Georgette! For those of you that don’t k

Q. I am self-employed and use a cargo van for my business. The van is painted all white and used only by me. Would my van be considered a "commercial vehicle" and am I allowed to legally park in Sacramento County on the street of my house (residential parking)? Thanks for your time! -Deborah A. Since this is a two-part question, let’s start with the first order of business: determining if your van is considered a commercial vehicle. First, check your vehicle’s registration to see whether it’s registered as ‘automobile’ or ‘commercial.’ Depending on the make, model, and features of your van, the DMV may consider it ‘commercial’ regardless of whether you’re using it as a passenger car or

Q- On Saturday I got a bill in the mail from the State Board of Equalization saying I owed 1400.00 in sales tax and late fees from when I bought my brothers truck last year. I thought as brothers, we were exempt from the tax. Do I owe the money now?? Adam A- Thanks for your question. Your answer depends on how old you and your brother were at the time of the transaction. According to the California Vehicle Code §6285, you are not required to pay use tax on the purchase of a vehicle or vessel if it is considered a family transfer. A family transfer is from a parent, grandparent, grandchild, child, spouse, domestic partner, or siblings. However, both siblings need to be minors at the time

Q: My neighbor has been complaining constantly to be about my trees blocking his solar panels. I just received a formal letter from him, saying he’s going to sue me if I don’t cut my trees so they don’t block his solar panels. My trees do not hang over the fence or in any way cross onto his property, so can he really force me to cut them? And can he really sue me? Thanks,  Gavin   A: It really comes down to one question: what came first, your trees or the solar panels? In 1978, California passed the Solar Shade Control Act (Public Resources Code 25980-25986). California is one of the only states in the country with a law specifically governing this topic. The law was intended to encourag

Q. Hi Law Librarian, I was taking my purebred Akita puppy, Jett, for a walk and I tied her to a parking sign for 2 minutes while I ducked into a bodega to get us some water; when I came out she was gone. Stolen! I called the police, animal control, posted signs, and talked to neighbors and so far nothing. Is this a crime? Michelle A. Hi Michelle, Pet theft remains a terrible reality across the country. Often underlying these crimes are dogfighters seeking bait animals and dealers acquiring animals to sell to research laboratories or breeding operations. Less organized motivations include kidnap and ransom attempts even animal hording. Yes it is a crime: CA Penal Code 487e. Every pers

Q. My wife and I became registered domestic partners in 2005. When the California court made same-sex marriage legal in 2008, we got married, too. We are now getting a divorce. Do we need to file two different divorces or can we do it all in one case? Do we even need to officially get divorced since Prop 8 did away with same-sex marriage? A. First of all, you do need to officially get a divorce to end your same-sex marriage. Same-sex marriage became legal in California in June, 2008, after the California Supreme Court ruled that restricting marriage to heterosexual relationships was unconstitutional. (In re Marriage Cases (2008) 43 Cal.4th 757). In November, 2008, the voters passed Propo

Q. I would like to change my daughter’s middle name. She is two months old. I am the only listed parent on her birth certificate and there is no paternity on file anywhere. How do I change her middle name without the other parent’s consent or having to be served, since his whereabouts are unknown and there is no established parentage? Julie A. Unfortunately, in order to change your daughter’s middle name you will have to serve her father, whether or not parentage has been established. Two parents’ signatures must appear on the paperwork to change a minor’s name. If you cannot serve your daughter’s father because you cannot find him, you must submit a declaration to the court, detailing a

Q- County of Sacramento animal care charged me a late fee for paying our pet license late. Nowhere on the initial bill did it address a late fee if we missed the due date. Can the county charge without notice? Stephanie A- Thanks for your question. Looking at a copy of the current Animal License Application available on the Sacramento Animal Care and Regulation website, it lists the current fees for Sacramento County residents as $15.00 a year for an altered animal and $150.00 a year for a non-altered animal. The license application also provides notice of a late fee of $100.00. The late fee seems pretty steep and is a bit higher than other neighboring counties, so Sacramento must be us

Q: A couple of years ago, I heard about a law being proposed, I think by someone from San Francisco, that would require employers to provide paid sick leave. Since then, though, I haven’t heard anything more about it. How would I find out what happened with that bill? Thanks, Glenn A: It looks like this idea has been presented to the Assembly twice in recent years – as AB 1000 in 2009, and AB 400 in 2011. Both bills were presented by former Assembly Member Fiona Ma (D- San Francisco). These bills required employers to provide one hour of paid sick leave for every 30 hours worked, to be used for the diagnosis, care, or treatment of health conditions of the employee or an employee’s family

Q. Hi Law Librarian, About 5 weeks ago I filed a lawsuit in the Sacramento County court against a customer who owed me $17,000. I had to include a check for $370 to file the lawsuit. I followed the directions to stamp it and put it in the dropbox, but I have never talked to anyone and I never heard back. I checked on the court’s website and my name isn’t showing up in the Case Index, and the check hasn’t been cashed. Last week the customer and I worked out a payment plan and I agreed to drop the lawsuit. Can I get my check back or do I have to wait for them to cash it to get a refund? Luvinia A. Hello Luvinia, Unfortunately, even though it has not shown up online yet, your lawsuit has

Q. I have a promissory note in the amount of $70,000.00 secured with a deed of trust to a house in Tahoe City. The note is now 8 months overdue. I would like to place a lien against another home he owns in Tahoe City as well . . . how do I go about doing that? Also, what is the best way to force payment on this Note? Thank you! Carrie A. You seem to have two questions: one, how do you go about placing a lien against real property when you do not have a security interest in that property; and two, how do you foreclose against real property in which you do have a security interest? Let’s take them in turn. The answer to your first question is that you cannot. Liens are governed generally

Q- I love the Allstate commercials where there’s a guy called “Mayhem” and he creates lots of problems for people. Obviously, the commercial is trying to get people to buy insurance by saying mayhem is everywhere, watch out for mayhem, and protect yourself from mayhem. I’ve also heard murder and mayhem mentioned together in movies, but what exactly is mayhem? And since when is mayhem funny?? Drew A- Thanks for your question Drew. Those Allstate commercials are pretty clever and always leave me with a smile. There are a couple of different ways to answer your question. People often have varying ideas of what mayhem actually means; first we can look at the basic definition and the one that

Although private-party vehicle sales can be a great way to get a deal on a car, it can be a complicated process with a lot of important steps to follow. Following all the steps and completing all the required paperwork is extremely important, to ensure the transfer is completed. This protects both the buyer and seller. The buyer needs to ensure the vehicle is transferred into his or her name, to prevent problems with future registration or sale of the vehicle. The seller needs to ensure his name is removed from the vehicle, so he is not held liable for the new owner's accidents, registration problems, or parking tickets. The California Vehicle Code provides many requirements for transferr

Q: My husband and I hired a licensed contractor to renovate a bathroom in our home about three months ago. About six weeks ago, he just stopped showing up altogether, and is not returning any of my calls. There is a lot of unfinished work, and a lot of the work done so far was done very badly. What can I do? Thanks! Cheryl   A:  Contractor’s State License Board (CSLB) is often a good place to start. They offer investigation, mediation, and arbitration services for construction disputes. The board can also take disciplinary action against the contractor, such as suspending his license, imposing fines, or ordering your contractor to correct his work (or pay to have someone else correct his

Q. I moved to an apartment that is near the railroad tracks in Mid-Town. Trains blow their horns day and night. I understand that the City has applied for a Quiet Zone for that stretch of track. I was trying to get the application and other relevant documents from the City but I am not sure how to do it. Any suggestions? Todd A. Hi Todd, The California Public Records Act (CPRA) guarantees that the public has access to public records of governmental bodies in California   (CA Gov. Code section 6250 et. seq.)  It allows inspection and/or disclosure of governmental records to the public upon request, unless exempted by law. The California legislature prefaced the legislation by stating, “…a

Q. Is it illegal to leave a dog outside when it is below a certain temperature? Cinthia A. Hi Cinthia, There is no specific temperature requirement for bringing a dog indoors. However, there are laws that may apply in this situation. California Penal Code 597(b) states that “every person who ... fails to provide the animal with proper food, drink, or shelter or protection from the weather...is, for each offense, guilty of a crime punishable pursuant to subdivision (d).”  Subdivision (d) provides for either felony or misdemeanor charges, and/or a $20,000 fine. If this is in the City of Sacramento, the City Code may also apply. Sacramento City Code section 9.44.250 makes it “unlawful fo

Q. Greetings, I was hoping to find out information on laws surrounding self storages and the return of personal property such as pictures and personal papers. I recently had a storage unit sold that contained many personal papers (contracts and agreements) and boxes full of family photos (current framed and past pictures of living and deceased members). The storage company has stated these items were to be returned and would look into the matter, but, have yet to return calls or answer when we call. I know certain states have laws requiring these types of items be returned; does California have such a law? Thanks and kind regards, DaShon A. During the holidays, while we were visiting

Q- Who determines competency in a Durable Power Of Attorney? It states "The powers you grant below are effective even if you become disabled or incompetent". That is the only statement about competency. Thanks, Richard. A- Richard, Thank you for your question. For a person to establish a Durable Power Of Attorney (DPOA), they must have the mental capacity to understand and sign the document. Looking in a book we have here at the law library called “California Powers of Attorney and Health Care Directives” published by CEB, typically, the attorney representing a principal in the drafting of a DPOA for financial management determines the mental capacity of the client. The “capacity” requi