Open Credit to Foreign Corporations legal issues

Extending Credit Terms to Out-of-State Corporations

We are often asked by credit managers in California if there are any additional credit approval criteria to consider when a proposed customer and credit applicant is an out-of-state (“foreign”) corporation. While each case is fact-specific, there are some general factors for credit managers to consider that uniquely apply to extending open account credit terms to foreign corporations doing business in California.

Working with Foreign Corporations in California

The first step is to confirm that the corporation has registered with the California Secretary of State as a foreign corporation doing business in California. Continue reading

How hold title real estate property

How You Hold Title to Real Estate Property Has Legal and Tax Consequences

The method you choose for holding title on your real estate property in California can have unexpected legal and tax consequences, especially years from now when death or disagreement brings change to the relationship between the co-owners.

Given these distant, hard-to-imagine impacts, choosing how title is vested by the co-owners is often an afterthought (or even overlooked)! But the consequences of improper vesting can be devastating. Typically, problems do not arise until many years after the recording of the grant deed that includes the improper vesting. Then, the improper vesting suddenly becomes a problem upon the attempted sale or refinancing of the property, or upon the death or dissolution of marriage of one (or more) of the owners.

The method of holding title is particularly important in partnership and co-ownership situations to make sure that the business agreement of the partners or co-owners is enforceable.  Continue reading

Women Divorce Lawyer Parikh Leding

Why Would Women Facing Divorce Prefer a Woman as Their Lawyer?

When you decide that you must pursue a divorce, the best first step is to hire an attorney to represent you. Selecting an attorney is harder than most people think, though, because you want to work with a lawyer that treats you and your case effectively and respectfully. There has to be a great deal of trust between you, and a comfort level in your day-to-day working relationship, as you will be working closely with your lawyer for many months and sharing very personal information.

This may be why women make up a higher percentage of attorneys in family law practices than in other areas of the law. Given that most divorces still involve a man and a woman, the desire for many women to work with a lawyer of the same gender creates a natural demand for women attorneys in this practice area. Continue reading

Poniatowski Leding Parikh Family Law Practice

PLP Law Corp. Establishes Family Law Practice Group

Poniatowski Leding Parikh Law Corporation announces the formation of its Family Law Practice Group.  Beginning July 1, 2018 PLP Law Corp. now offers representation, counseling and advice across the full spectrum of Family Law matters, such as:

  • Dissolution, Legal Separation and Annulment
  • Parentage Rights
  • Child Custody and Visitation
  • Child Support
  • Spousal Support
  • Property Division
  • Premarital Agreements
  • Stepparent and Domestic Partner Adoptions
  • Independent Adoptions

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Meera Parikh Serving as Family Law Legal Advisor for Low Income Families

Parikh community service family law legal services

Poniatowski Leding Parikh partner Meera Parikh is working with the staff of the non-profit All for the Family Legal Clinic, Inc. The clinic operates out of Castro Valley, serving low-income families in Alameda County and the wider Bay Area.

The Non-Profit offers Legal Services
to Low-Income Families in Alameda County

The clinic is a non-profit, public benefit corporation which is dedicated to providing low-cost legal assistance to people who cannot afford to hire a lawyer privately. It charges for its services at a reduced rate, with the fee for legal aid calculated on the client’s ability to pay. Continue reading

Written Co-Ownership Agreement Poniatowski Leding Parikh

The Risks of Co-Ownership Agreements

Co-ownership of properties is a very common financial arrangement in real estate. With two or more persons involved in a purchase, their combined buying power can expand the number of properties that they can pursue. One party involved may also provide a higher credit score or more substantial assets that could win better loan terms.

Co-ownership lowers the business risk for both partners because it becomes a shared risk, rather than one which must be borne by a single person. However, these are long-term business relationships (even those between family members), and time can change the motivations of the people involved. Indeed, one partner may decide they wish to exit, and has the legal right to do so (more on that below.) Much can go wrong in a co-ownership partnership, if the possibility of these future issues arising is not accounted for in the initial partnership agreement.

How co-ownership can become problematic  Continue reading

Business Debt Collection Ideas PLP Law Attorney

How a Business Can Improve Debt Collection

One of the most frustrating areas of maintaining a successful business is collecting on receivables. It has been said that “a sale to a customer is no more than a gift, until the payment for it has been collected and gets deposited in the bank.” Many businesses learn this truth the hard way, generating great sales and revenue, but suffering from terrible cash flow because payments due are not forthcoming in a timely manner.

Improving Debt Collection

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Attorney Meera Parikh Appointed to Pleasanton Human Services Commission

Attorney Meera T. Parikh, Attorney and Member of the Pleasanton Human Services Commission

Meera T. Parikh is one of the partners at Poniatowski Leding Parikh Law Corporation. Meera specializes in business and commercial litigation, real estate litigation, and creditor’s rights in bankruptcy and receiverships. Meera graduated from the University of Houston with a degree in Cell and Molecular Biology. She then continued her education at Santa Clara University School of Law where she received her J.D. and certification in High Tech law.  Meera is also a member of the US Patent Bar and was previously a patent attorney in Silicon Valley. Continue reading

Appellate Court Holds That Attorneys Fees Not Recoverable Even Though Credit Application Contained A “Prevailing Party Attorneys Fees” Clause

business contract transaction agreement signatures

Many businesses rely on a credit application for the terms and conditions of its sales to its customers. Often the credit application is the only document that the customer actually signs. Relying on invoices, purchase orders, bills of lading, delivery tickets and the like that are not signed by the customer in the ordinary course of business will not support an award of attorneys fees in the event of a collection action and judgment. This is true even though these documents may contain a prevailing party attorneys fees clause.  Because the credit application is usually signed by the customer, however, the creditor/seller often successfully relies on the prevailing party attorneys fees clause in the signed credit application for an award of attorneys fees in the event of collection litigation and judgment. Continue reading