How To Get A DBA

Here is what is a dba or how to get dba. Keep in mind that you are required to obtain a DBA Business Name in California, Florida, and most other states if your business name does not include your last legal name or if you incorporated or formed an LLC and you do business in a name different from the LLC or corporation name.

What is a "DBA" Name?

"DBA" means "Doing Business As...". In using a DBA a person or a company is operating their business using a business name other than their real, actual name. For example, John Jones, a reseller of clothing items, starts a new business called "American Resellers". His business name is not his own name, thus he must registered a DBA. However, let's say that John Jones does business as "John Jones wholesale", then a DBA is not required to be filed because the owner's legal personal last name can be ascertained within the DBA business name.

Likewise, if you incorporate or form an LLC and if the Corporation, or LLC, or any other corporate entity, does business under a name other than the legal name of the Corporation or LLC, then a DBA must be registered. If your Corporation's or LLC's name is "Advisors, Inc", and your corporation is doing business with the same corporate name "Advisors, Inc", you do not need a DBA. However, if your "Advisors, Inc " corporation does business under the name "Biz Advisors" for instance, then the corporation or LLC must file a DBA. Here is an inexpensive and professional dba filing service that can help you file your dba: businessname.net . Can I Use Any Name or Any Word In My DBA Business Name? Generally, you can use any word as part of your business name, such as "Landscape King", "American Nationwide Jewelry", "Day Care One" or "Mimi's Cleaning Service" and so on. Your products, location, first or last name or any other name may be part of your DBA business name. However, most states may not let you file a dba name with an "Inc.", "LLC" or any other similar suffix that denotes a corporate entity. So, if you want a DBA, after you incorporate or form an LLC, select a name that does not include corporate suffixes. For example, if your corporation's legal name is "IDM, Inc" and you want to file a DBA of "IDM California, Inc" you will not be allowed to file it. However, if you file the exact same name without the "Inc." suffix, you can file it. If I incorporate or Form an LLC, Do I need to file a DBA for my corporation?

You need to file a dba if your corporation's name is different from the name you doing business. Example: Your corporation's name is "XYZ, Inc", and the corporation is doing business as "John's Auto Repair". You need to file a DBA under the corporation.

What Do I Need a DBA for?

First, it makes you legal. I.e., it helps you comply with the legal requirement that all person doing business under a name other than their legal name have to file a DBA. Second, it is a required filing to open a business checking bank account in the name of the business. Without a DBA registered, it will be almost impossible to open an bank account - banks will generally not open an business account without your filed copy of your DBA registration certificate. Note that some banks may also ask you for your business license. On the other hand, if you form an LLC or Incorporate, you don't need to file a DBA. When you see your banker, just show him your corporate certificate and he may not even ask you for a business license.

What if I Incorporate, Form an LLC or Get a Business License.

Would I still Have to File a DBA? Yes, you can incorporate or form an LLC and not file a DBA. If you do incorporate, you will not have to file a dba. However, in most states, getting a business licenses does not relieve you from the requirement that you file a DBA. Also, incorporating will not eliminate the requirement that you also get a business license.

What information is included in DBA Business Name application?

Most DBA Business Name applications must contain the following information: The name and address of the small business owner. A description of the small business starting business operations. And various other information pertaining to the business or the business owner.

What if I do not file a DBA Business Name?

Most states require a DBA Business Name filing. In California and most other states, you are require to have a DBA Business Name before you start your business and there is a fine. In some states, may be a misdemeanor not to file it.

By: Elias Stassinos
Copyright (c) 2007 Elias Stassinos
Elias Stassinos, Esq. is a business law attorney. Visit his website: http://www.stassinos.com. Mr. Stassinos is also a corporate counsel for businessnameusa.com , a business licensing company.

Featured as a California Law resource, by California Personal Injury Attorneys, a California personal injury attorney / accident lawyer directory, listing hundreds of links to California personal injury attorney / accident lawyer websites and over 1,500 non website courtesy listings.

The information contained in the above post is not intended as a source of legal advice. You should not act upon or rely on information in this or any other post without the advice of competent legal counsel.

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In certain types of car collisions there's what is called 'predetermined' fault. This means that the nature of the car collision strongly suggests that one driver caused the accident through negligence. If this is the case in your insurance claim, winning will be much easier.

The two main situations with predetermined fault are rear-end collisions and left-turn collisions. In both of these circumstances there's a driver who's definitely at fault.

There's a ton of precedent due to these types of car collisions being so common. When these accidents happen, a definite traffic rule has been broken.

In a rear-end collision, the person at the rear is at fault. Period. There's almost no way for that driver to get out of it. In every state, and pretty much anywhere you drive in the world, the rules of driving say that you must maintain a safe distance behind other motorists.

Regardless of any factors leading up to it, in a rear-end collision, the driver in the rear must have been unable to stop in time to avoid the accident. Therefore, they were driving too close.

They can argue that you slammed on your brakes too fast and that there was no reason for you to do so, but that really doesn’t matter. They should've been able to avoid you.

Now, don’t get too excited. While there is undebatable liability on the part of that driver, there are still ways they can reduce the compensation you receive. A common example is if your brake lights were out. The other driver is still at fault, but your own negligence in having broken brake lights will likely lower the claim.

In a car collision involving a left turn, the driver turning left is the one who's negligent and the cause of the accident. A driver simply can’t turn left when the oncoming lane isn’t clear. That’s a strict rule that can’t be broken. The car damage sustained in these types of auto collisions make it obvious that a left turn was being made. So your case is pretty much open and shut.

Again, there's a couple of exceptions that can reduce the claim in a left-hand turn collision. If one driver was clearly speeding, then the driver turning left can argue they couldn’t fairly judge the time they had to turn. Or perhaps the driver turning left saw something unexpected, causing them to stop mid-intersection. Because no driver is supposed to attempt a left turn until they're certain they can complete it, this argument rarely works.

A final note on the left-turn car collision: if the car that was driving straight actually ran a red light, then the left turning vehicle may get off the hook. In this case, the person running the red light is likely the more negligent. Unfortunately, this is very difficult to prove without witnesses.

By: Arthur Gueli
Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured plaintiffs how to protect their rights and obtain fair compensation for their damages.

Learn more about liability in traffic accidents (and how to make it work in your favor) at this page on their educational website: http://www.injury-settlement-guide.com/ ... suits.html.

Featured as a California Law resource, by California Personal Injury Attorneys, a California personal injury attorney / accident lawyer directory, listing hundreds of links to California personal injury attorney / accident lawyer websites and over 1,500 non website courtesy listings.

The information contained in the above post is not intended as a source of legal advice. You should not act upon or rely on information in this or any other post without the advice of competent legal counsel.

Comments: For those of you that would like to comment on this or any other post in this blog, go to the Contact me link on the upper right hand side of this page and send your comment via that link. If your comment is on topic, and even fairly well written, we will post it with the article. If you have a site that you would like to be linked to your comment please supply it and we will include that link.

Plea Bargaining: When is a DUI a felony? How many theories are there to make a DUI a felony, what are requirements? What are the potential sentences for each? What is a wobbler, and how does it relate to felony DUI cases based on accidents? Prior Convictions?

A felony is a crime punishable by imprisonment in the state prison, for over one year. The length of punishment is determined by a low, mid, and high term, usually 16 months, 2 years, and 4 years, respectively. A DUI can be a misdemeanor or a felony depending on a number of factors, such as whether injury occurred and/or whether there are prior DUI convictions. DUI convictions and punishments are guided by the California Vehicle Code.

Some DUI felonies are also termed "wobblers." Wobblers are punishable either by confinement in county jail or incarceration in state prison. Wobblers differ from straight felonies not only in the punishment imputed, but also in the post-conviction relief available. If a wobbler is punished by incarceration in county jail and probation is imposed upon release, then the defendant may petition the court to reduce the felony to a misdemeanor under 17(b) of the California Penal Code. If granted, the conviction will be considered a misdemeanor, however it is still priorable as a felony under the Three Strikes Law.

VC Section 23153

BAC below .08%

(a) If the driver of a vehicle drives while under the influence of alcohol or drugs (or a combination of the two), commits an act forbidden by law or neglects any duty imposed by law in driving the vehicle which was the proximate cause of the traffic collision and injures someone other than himself, then the DUI is considered a felony. However, the driver must be "at fault" for the traffic collision. If the driver is under the influence of alcohol or drugs or a combination of the two, and is not at fault for the traffic collision, then the driver shall be charged with violation of VC 23152 (a), a misdemeanor.

Punishment includes either a term of incarceration in the county jail between 90 days and one year or imprisonment in the state prison. Fines are ordered between the amounts of $390 to $1,000. The DMV will suspend driving privileges for a period of one year. Attendance in an alcohol education course is also required.

BAC at or above .08%

(b) It is unlawful for any person to drive with a .08% blood alcohol content (BAC) and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle which was the proximate cause of bodily injury to any person other than himself, then the DUI is considered a felony. However, the driver must be "at fault" for the traffic collision. If the driver is under the influence of alcohol or drugs or a combination of the two, and is not at fault for the traffic collision, then the driver shall be charged with violation of VC 23152 (b), a misdemeanor.

The courts have determined that if the driver undergoes a chemical test which reflects a BAC of .08% or greater within 3 hours of driving, then it is a rebuttable presumption that the driver had a BAC of .08% or greater at the time of driving.

Punishment includes either a term of incarceration in the county jail between 90 days and one year or imprisonment in the state prison. Fines are ordered between the amounts of $390 to $1,000. The DMV will suspend driving privileges for a period of one year. Attendance in an alcohol education course is also required.

Commercial Drivers, with BAC at or above .04%

(d) If the driver of a commercial vehicle has a BAC of .04% or more, and proximately causes injury through an illegal act or neglects any duty imposed by law, then the driver shall be charged with a felony. A commercial vehicle is defined in VC 15210, which states that a commercial vehicle is any vehicle which requires a class A or B license or a C license with an endorsement to drive a "tank" vehicle.

The courts have determined that if the driver undergoes a chemical test which reflects a BAC of .04% or greater within 3 hours of driving, then it is a rebuttable presumption that the driver had a BAC of .04% or greater at the time of driving.

VC Section 23550

A driver who is convicted 3 times for a DUI in the span of 10 years will be convicted of a felony if the driver gets a fourth DUI conviction during that 10 year span. The prior DUI convictions may include violations of 23103.5 ("Wet" Reckless), 23152, or 23153, or any combination of the three.

VC 23550 is a wobbler. A wobbler is a crime that is punishable as either a misdemeanor or a felony. A person convicted of VC 23550 shall be punished by imprisonment for a minimum of 180 days but no more than one year in the county jail. In addition, a fine between $390 and $1,000 shall be imposed. The privilege to drive will be revoked by the DMV for 4 years. Any person convicted of 23152 under this section shall be labeled a habitual traffic offender for a period of 3 years. A habitual traffic offender is required to sign an affidavit acknowledging their status, which is forwarded to the DMV.

VC Section 23550.5

If a driver has been convicted of a felony DUI, and is subsequently convicted of another DUI within a ten year period, then the subsequent DUI will be punished as a felony.

VC 23550.5 is a wobbler. A wobbler is a crime that is punishable as either a misdemeanor or a felony. A person convicted of VC 23550.5 shall be punished by up to one year of confinement in the county jail or imprisonment in the state prison. In addition, a fine between $390 and $1,000 shall be imposed. The privilege to drive will be revoked by the DMV for 4 years. Any person convicted of 23152 or 23153 under this section shall be labeled a habitual traffic offender for a period of 3 years. A habitual traffic offender is required to sign an affidavit acknowledging their status, which is forwarded to the DMV.

By: Darren Kavinoky
www.nocuffs.com
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively.

Featured as a California Law resource, by California Personal Injury Attorneys, a California personal injury attorney / accident lawyer directory, listing hundreds of links to California personal injury attorney / accident lawyer websites and over 1,500 non website courtesy listings.

The information contained in the above post is not intended as a source of legal advice. You should not act upon or rely on information in this or any other post without the advice of competent legal counsel.

Comments: For those of you that would like to comment on this or any other post in this blog, go to the Contact me link on the upper right hand side of this page and send your comment via that link. If your comment is on topic, and even fairly well written, we will post it with the article. If you have a site that you would like to be linked to your comment please supply it and we will include that link.

In the United States, patent laws vary from state to state or even from jurisdiction to jurisdiction. Thus, California patent laws are unique to California. California patent laws are still both clearly defined and as technically difficult as other states. Patent infringement is basically defined the same everywhere.

The manufacture, use, sale, offer to sell, or import and existing or patented device, product, material, or other conceivable invention constitutes patent infringement. Patent infringement lawyers basically have three jobs.

The first job of a patent infringement lawyer is to protect people's right to carry, and exclusively market their patent for the time frame of the patent. A patent infringement lawyer also helps throughout the development process in determining whether or not a patent already exists or has been applied for. Finally, a patent infringement lawyer will defend those accused of patent infringement.

California patent laws state that, just like all other states, the only person who is permitted to apply for the patent is the actual inventor. Thus, even if the inventor is currently employed by a company who creates and develops new products, the inventor is the only one who can sign the patent.

However, with the help of a patent infringement attorney, the inventor can be "bought out". This means that a patent infringement attorney can facilitate a negotiation between the inventor and the company to purchase from the inventor the rights to produce, market, and sell the invention or product without the threat of a patent infringement lawsuit.

This also means that the company has to be willing and able to purchase the idea from the inventor. For example, Kodak did not, as a company, invent the disposable camera. An employee of the company invented the disposable camera. Two patent infringement attorneys, one for the employee and one for the company, negotiated the reasonable amount of money the inventor was willing to accept in exchange for his invention. California patent laws state that this is perfectly reasonable and acceptable provided that the inventor is not coerced, threatened, or forced into this agreement, which can include the threat of a job loss.

California patent laws also state that while an inventor is the only individual who is permitted to apply for a patent, an the event that for whatever reason the individual determines that he or she does not wish to apply for the patent or can not be located, an interested party may file for a patent on that individual's behalf.

Thus, if Mary Alice has created in her basement in her spare time the ultimate software but doesn't wish to apply for a patent, her friend Janet can take the information to a patent infringement attorney and provided that there is not another patent on file, Janet and the patent infringement attorney can file for the patent on behalf of Mary Alice.

Mary Alice will still hold the rights to the patent, and Janet doesn't financially benefit from this at all. In fact, she is now responsible for the patent infringement attorney's fees. Hopefully Mary Alice is just as good of a friend and will buy Mary Alice a house or something when the software patent rights are purchased by a major software company.

California patent laws have clarified rights for people who don't wish to file patents, rights of filing for patents for the legally insane, and exclude employees of the patent office from having any interest whatsoever in a patent, with the exception of inheritance.

California patent laws still of course require the constantly patent educated patent infringement attorneys to interpret the fine details. California patent laws can be segregated into three basic categories. One for plants, one for utilities, and one for design.

Patent infringement attorneys are typically well versed in all three categories, however most patents fall under utility patents. Utility patents encompass pretty much everything that was ever invented outside of plants (which aren't really invented anyway) and designs. Patent infringement attorneys are able to represent any of these three categories for a client if the need arises.

California patent laws prevent the application process for a patent based solely on an idea, however, patent infringement attorneys are still often asked to do clearance or patent searches when the only thing the inventor has is an idea.

California patent paws require that the patent applied for has a functioning version of the item being applied for and may very well request to see it. California patent laws are fairly stringent and are a constant fluid entity. Patent infringement attorneys are often confused with the final approval of a patent. Not so.

The U.S. Patent Office has the last say as to whether or not a patent will be issued. Patent infringement attorneys are valuable in interpreting and keeping up with California patent law changes, but have no final direction in whether or not a patent will be granted for any particular invention.

By: Nick Johnson
Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522.

Featured as a California Law resource, by California Personal Injury Attorneys, a California personal injury attorney / accident lawyer directory, listing hundreds of links to California personal injury attorney / accident lawyer websites and over 1,500 non website courtesy listings.

The information contained in the above post is not intended as a source of legal advice. You should not act upon or rely on information in this or any other post without the advice of competent legal counsel.

Comments: For those of you that would like to comment on this or any other post in this blog, go to the Contact me link on the upper right hand side of this page and send your comment via that link. If your comment is on topic, and even fairly well written, we will post it with the article. If you have a site that you would like to be linked to your comment please supply it and we will include that link.