BERYS LAW | Business, Real Estate, Wills/Trusts

Starting a business in California requires careful planning, including choosing the right legal structure. Two of the most common options for entrepreneurs are forming a Limited Liability Company (LLC) or a Corporation. Both structures offer liability protection and tax advantages, but they differ significantly in terms of flexibility, management, and costs. Understanding the key differences between an LLC and a Corporation in California can help you make an informed decision based on your business goals and needs.

What Is an LLC?

A Limited Liability Company (LLC) is a flexible business structure that combines the liability protection of a corporation with the tax benefits of a partnership. In an LLC, owners (known as members) are not personally liable for the company's debts or legal obligations. LLCs are popular among small businesses because they offer flexibility in management and fewer formalities than corporations.

What Is a Corporation?

A Corporation is a more rigid structur...

In real estate transactions, trust is paramount. Buyers rely heavily on the representations made by sellers and agents when deciding to make what is often one of the largest investments of their lives. However, fraudulent misrepresentation can sometimes interfere with this process, leading to financial loss and legal disputes. Understanding what constitutes fraudulent misrepresentation, how to recognize it, and the legal remedies available is crucial for protecting oneself in a real estate transaction.

What is Fraudulent Misrepresentation?

Fraudulent misrepresentation occurs when one party deliberately provides false information to another party, with the intent to deceive and induce that party to enter into a transaction. In real estate, this can happen in various ways, such as a seller lying about the condition of the property or an agent hiding material facts that would impact the buyer’s decision.

For a misrepresentation to be considered fraudulent, it must meet several legal cr...

Estate planning is a critical component of managing your assets and ensuring that your wishes are carried out after your death. Among the various tools available, a revocable living trust is often highlighted as a flexible and effective option. But is it right for you? Understanding the benefits and limitations of a revocable living trust can help you make an informed decision.

What is a Revocable Living Trust?

A revocable living trust is a legal document that allows you to place your assets into a trust while retaining control over them during your lifetime. You can alter or dissolve the trust at any time, hence the term “revocable.” Upon your death, the trust assets are distributed according to the terms you’ve set forth, without the need for probate.

Benefits of a Revocable Living Trust

Avoiding Probate

One of the primary advantages of a revocable living trust is that it helps avoid the probate process. Probate is the legal procedure through which a deceased person’s estate is ...

Estate planning is an essential part of ensuring that your assets are managed and distributed according to your wishes after your death. While many people create an estate plan and feel that their work is done, life changes and evolving circumstances mean that regular reviews of your plan are crucial. Certain major life events should prompt a review to ensure your estate plan remains accurate, up-to-date, and reflective of your current situation.

Here are some of the most significant life events that should prompt a review of your estate plan:

1. Marriage or Divorce

One of the most common life changes that should trigger a review of your estate plan is marriage or divorce. Marriage often means adding a spouse to your estate plan, including them as a beneficiary, or assigning them powers in roles like executor or guardian. Similarly, divorce may necessitate the removal of your former spouse from these positions, particularly if they were previously listed as a beneficiary.

If you fa...

The gig economy has witnessed remarkable growth in recent years, reshaping the traditional job market. This shift has been accelerated by technological advancements and the increasing demand for flexible work arrangements.

Platforms like Uber, Lyft, DoorDash, and Fiverr, along with freelance marketplaces, have enabled millions to find temporary or task-based work, often referred to as “gigs.”

While this new work model offers many benefits, such as flexibility and autonomy, it also raises legal implications for workers, employers, and policymakers.

Redefining Employment Status

One of the most pressing legal issues surrounding the gig economy is the classification of workers. Traditionally, workers were categorized as either employees or independent contractors, each with distinct legal rights and protections.

Employees are entitled to benefits such as minimum wage, overtime pay, unemployment insurance, and workers' compensation, while independent contractors typically do not rec...

Homeowners’ associations (HOAs) serve as governing bodies for communities, ensuring the enforcement of rules and regulations, maintaining common areas, and fostering a sense of community. However, disagreements between the HOA board, property management, and residents are inevitable.

To prevent disputes from escalating, HOAs need to establish a clear and structured dispute resolution process. Here are several key tips for developing an effective HOA dispute resolution process.

1. Establish Clear Guidelines and Expectations

A well-defined set of rules and expectations is essential to prevent misunderstandings. Your HOA’s governing documents, including the Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations, should clearly outline acceptable behaviors, homeowner responsibilities, and HOA duties.

Ensuring homeowners have access to and understand these documents will reduce the likelihood of disputes occurring in the first place.

When disputes do arise...

Discrimination in commercial real estate is a significant concern that affects various aspects of the industry, from property transactions to leasing practices. Although much attention has historically focused on residential real estate discrimination, issues in the commercial sector are equally pervasive and impactful. These discriminatory practices not only perpetuate inequality but also hinder economic growth and development. Understanding the different forms of discrimination and how they manifest in commercial real estate is essential for addressing and mitigating these issues.

1. Types of Discrimination in Commercial Real Estate

Discrimination in commercial real estate can take various forms, including racial, gender, age, and disability discrimination. Racial discrimination is one of the most prevalent, with minorities often facing unfair treatment in leasing, purchasing, and financing commercial properties. For example, businesses owned by people of color may be denied leas...

Becoming a new parent is a life-changing experience that brings a host of new responsibilities, one of which is ensuring the financial security of your child through proper estate planning. Estate planning might seem overwhelming, especially when you are adjusting to the demands of parenthood, but taking the time to plan your estate can provide peace of mind and ensure that your child is cared for in the event of your passing. Here’s a guide to help you get started on estate planning as a new parent.

1. Draft a Will

The first step in estate planning as a new parent is drafting a will. A will is a legal document that outlines how you would like your assets to be distributed after your death. More importantly, as a new parent, a will allows you to name a guardian for your child. This is crucial because if both parents pass away, the court will look to your will to determine who should take care of your child. When choosing a guardian, consider someone who shares your values, has the ca...

Non-Disclosure Agreements (NDAs) are legal contracts that protect sensitive information. Often used in business, employment, and various professional settings, NDAs help ensure that confidential information shared between parties is kept private and secure.

Understanding how NDAs work and why they are important can provide both businesses and individuals with the tools they need to safeguard their intellectual property and other proprietary information.

What is an NDA?

A Non-Disclosure Agreement is a legally binding contract that establishes a confidential relationship between the parties involved. The purpose of an NDA is to prevent the disclosure of certain information to third parties without the consent of the information owner.

NDAs can be unilateral, where only one party discloses confidential information, or mutual, where both parties share and agree to protect each other’s confidential information.

NDAs typically outline what information is considered confidential, the o...

 Retaliatory eviction is a concerning issue that many tenants may face, yet it is often misunderstood. It occurs when a landlord attempts to evict a tenant as a direct response to the tenant asserting their legal rights or complaining about the condition of their living space. This type of eviction is illegal in many jurisdictions, but that doesn’t always prevent it from happening. Understanding the concept, legal protections, and steps to take if you face such an eviction is crucial for tenants.

What is Retaliatory Eviction?

Retaliatory eviction happens when a landlord seeks to remove a tenant from their property in response to the tenant taking actions that the landlord deems unfavorable. Common triggers for retaliatory eviction include:

Filing a Complaint: If a tenant complains to a government agency about health, safety, or housing code violations, the landlord might retaliate by trying to evict the tenant.

Requesting Repairs: Tenants have a right to live in a habitable environ...