San Diego Estate Planning Lawyer Blog

In San Diego, there are many “wetland” areas. These can be found on the coast and also inland. All land use cases are different and all have individual facts. Land Use Attorneys can be located on three bar certified referral services in San Diego County including the San Diego County Bar Association Lawyer Referral Service, Attorney Search Network and Attorney Referral Service. Our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP is also available to assist in your estate planning and other legal needs. Please feel free to e mail our law firm.

Land Use cases can be heard in the San Diego Superior Court or the San Diego Federal Court. An experienced attorney is needed to evaluate any land use case.

Paul owned waterfront property that included some tidal wetlands that were subject to state regulation. When he decided to extend his existing dock and add another boat lift, he submitted the necessary application to the state, but he refused to consent to a land-based inspection of the premises. Nevertheless, following the usual procedure, an inspector went to the property to make sure that plans submitted with the application accurately reflected existing conditions and to evaluate the possible impact of the project on the wetlands.

In San Marcos, there are many companies which must dispose of consumer report information and records. There are many companies which make shredders for business use including Fellowes and others. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP does not recommend or endorse any particular company however urges you shred all confidential information. Please feel free to e mail or call with any additional questions.

In the Fair and Accurate Credit Transactions Act of 2003 (FACTA), Congress required the adoption of rules for the proper disposal of consumer report information and records. The legislation was prompted by the growing risk of consumer fraud and related problems, including identity theft, that arise from the improper disposal of consumer information for which there is no longer a business need or purpose. FACTA and the rule stemming from it are meant to make it tougher for dumpster divers and miners of computer data to profit from sloppy disposal methods.

The Federal Trade Commission’s Disposal Rule went into effect June 1, 2005, but affected businesses will have six months from that time to come into compliance. After that, failure to comply could trigger a range of civil enforcement actions by the Government or affected consumers.

While there is room for interpretation of the Disposal Rule’s meaning, and how it should be applied as circumstances change, the Rule’s essential standard is all in one sentence:

Any person who maintains or otherwise possesses consumer information for a business purpose must properly dispose of such information by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.

Consumer information covered by the Rule means any record about an individual, in any form, that is a consumer report or is derived from a consumer report. The definition includes a compilation of such records. If the information does not in some fashion identify individuals, however, such as information in aggregate form, the Disposal Rule does not apply. The obvious ways in which individuals may be identified are names, Social Security numbers, driver’s license numbers, telephone numbers, physical addresses, and e-mail addresses. But even pieces of information that, by themselves, do not identify someone can, in combination, be regarded as identifying information.
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In San Diego, we have many veterans. Our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP is pleased to offer a complimentary consultation to veterans on issues of estate planning and other issues concerning veterans. Please feel free to call our office or e mail us. Walter E. Pinkerton, Jr. is a veteran of the Vietnam War.

In San Diego, there is a San Diego Veterans Department and other resources are available. Veterans are included from the Marines, Air Force, Army, Navy and National Guard.

A new federal law has enhanced the rights of members of the armed services during active duty and on their return to the civilian workforce. The Veterans’ Benefits Improvement Act makes two significant additions to the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA is intended to encourage non-career uniformed service by balancing the needs of individuals in those services with the needs of civilian employers who also depend on those same individuals.

In San Diego, there are many franchises and franchisee’s. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can assist you with your business planning and strategies. Please feel free to call or e mail our firm.

A franchisee’s breach of the franchise agreement, such as by failure to make payments or to comply with performance standards, could result in termination of the franchise and loss of the franchisee’s investment. Even without a breach, a franchisee must foresee that franchise agreements generally run for a finite period, such as 15 or 20 years. Of course, if both sides so desire, the agreement can be renewed under the same terms or perhaps even terms more favorable to the now-proven franchise. But the franchisor could decide not to renew, and it usually reserves the right to do so for its own reasons. If there is a renewal, the parties must agree again to all of the terms and conditions. The franchisor may take that opportunity to make changes in the deal to its benefit. In that event, the franchisee would be wise to give a fresh look at whether owning a franchise still makes business sense.

Anyone seriously considering buying and running a franchise needs to do the homework first, and the Federal Government has made that process more organized. The Federal Trade Commission requires franchisors to prepare a disclosure document, sometimes called a Franchise Offering Circular, that puts in one place a wealth of information about the franchisor, current and former franchisees, and what the franchisee is agreeing to when the franchise agreement is signed. Reading and understanding the disclosure document, not to mention the franchise agreement itself, is essential. One should always seek independent professional advice before making a commitment to a franchise arrangement.

In San Diego, there are many franchise opportunities. For example, in San Diego, 7-11 stores and Little Caesers Pizza are franchises. Always check with the local Better Business Bureau and retain experienced and competent legal counsel to assist you with this business venture. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP invites you to e mail our firm with any questions and our firm does not endorse or recommend any specific franchise opportunities.

It is the nature of a franchise that, in exchange for getting to hitch its wagon to the franchisor, the franchisee agrees to give up some of the control over how the business will operate. There still should be room for putting a personal stamp on the business, but the franchise business model is not for someone who would have difficulty giving up the decision-making power that comes with starting a business. Owners of a “Mom and Pop” do not need permission for their store’s color schemes, but the franchisee probably will.

As set out in the franchise agreement, the franchisor will usually have the final say about the specific goods and services that may be sold, site approval for the business location, design or appearance standards, as well as authority over an array of operational matters such as hours of operation, signs, employee uniforms, and even bookkeeping procedures. On the larger scale, the franchisor also may limit the franchisee’s business to a specific territory.

In San Diego, there are many franchise opportunities. Oggi’s is a local San Diego franchise. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP does not recommend or endorse any franchise. Before signing a contract or making any agreements, it is necessary to retain an experienced attorney in the area of business law. Please feel free to e mail or call our office. AT&T has information regarding small business start up as well.

Launching a business is a little like walking a tightrope, with any long-term rewards coming only after overcoming some risk. Being well-informed and realistic from the outset is essential. One of the first considerations is the legal form that the business should take. An option that has the potential for achieving a good balance between risk and reward is the franchise.

A franchise is a relationship between the owner of a trademark or trade name (franchisor) and an individual or entity (franchisee) who contracts to use that legally protected identification in a business. The details of the relationship are controlled by a franchise agreement, but most franchises share some common characteristics. Typically, the franchisee sells goods or services that are either supplied by the franchisor or at least must meet standards set by the franchisor. In simple terms, the franchisor provides the ingredients that come from the proven experience of an established line of businesses, while the franchisee provides the elbow grease and all of the other intangibles that are needed if a fledgling business is to get off the ground and prosper.

In San Diego, we have one federal court which handles bankruptcy and several state courts which handle civil suits such as the one below in the San Diego Superior Court. Our law firm on Law Office of Scott C. Soady, A Professional Corporation, LLP would be pleased to offer you a complimentary consultation on estate planning or family law. Please feel free to e mail or call us. The below is used for illustration purposes only as are all of the blog postings.

Four years after Edward opened a credit card account with one of the major credit card companies, he married Linda. Linda became an authorized user of the card, but she was not, as the credit card company would later claim, a co-applicant for the card. Some years later, without telling Linda, Edward filed for bankruptcy. The credit card company took Edward’s name off of the account and notified Linda that she was responsible for the balance on the account, which amounted to many thousands of dollars. After she learned about Edward’s secretive bankruptcy, Linda left Edward. But when she tried to buy a condominium on her own, she could not qualify for a mortgage because of the big credit card debt that showed up on her credit record.

Linda’s efforts to free herself from the effects of Edward’s overspending began by getting copies of her credit reports from all three major credit reporting agencies. These reports confirmed her worst fears, showing her as being legally responsible for the credit card balance. Linda notified the reporting agencies that she disputed the fact that she was obligated on the account, and the agencies informed the credit card company of Linda’s position.

In San Diego there are many different types of business entities. Our firm of Law Office of Scott C. Soady, A Professional Corporation, LLP recommends using a licensed and professional CPA and you can feel free to e mail our call us if you need a referral to a competent professional at no charge.

The Internal Revenue Service introduced Schedule C-EZ, a simplified expense form, for use by small businesses preparing Form 1040. The IRS recently announced that it will expand the number of small businesses eligible to use the form by 15%, or about 500,000 businesses, beginning with tax year 2004.

The greater availability of Schedule C-EZ will be accomplished by doubling the business expense threshold for businesses that can use the form from $2,500 to $5,000. This change could save as much as five million hours of paperwork for small business taxpayers.

In San Diego, almost every business and residence has at least one computer and many of these are connected to the internet. The FTC has information about identity theft. Our law firm of Law Office of Scott C. Soady, A Professional Corporation, LLP can suggest strategies and techniques [including shredding documents] to prevent this occuring however this is one of the fastest growing crimes in the United States according to the Department of Justice. Please feel free to call or e mail our law firm as our legal strategies and techniques can be adapted for many critical issues.

Computers have their own unique set of threats to the security of your identity, but there is good advice for the wary here, too. Update virus protection software regularly. Do not download files or click on hyperlinks coming from strangers. Use a secure browser and a firewall program, especially if you use a high-speed Internet connection. Avoid storing financial information on a laptop but, if you must, use a strong, random password, do not use an automatic log-in feature, and always log off when you are finished.