San Diego Business Law FAQs

No. Don Eric Salom and Samuel M. Salom each maintain an individual solo law practice. They are not partnered, incorporated or otherwise legally affiliated. Each attorney is responsible for his own clients and matters, and you will know exactly which attorney is handling yours before any work begins.

Both attorneys represent businesses of every structure (sole proprietorships, partnerships, corporations and LLCs) as well as families and individuals. They handle matters from both sides, representing plaintiffs and defendants, and employers and employees. See the full list of practice areas.

There are two San Diego County locations: 4025 Camino Del Rio South, Suite 300, San Diego, CA 92108, and 888 Prospect Street, Suite 200, La Jolla, CA 92037. Directions and phone numbers are on the contact page.

Call (858) 997-2264 or send a short description of your matter through the contact form. Include the names of the other parties involved so a conflict check can be run before you share details, and mention any deadline you already know about.

Bring anything that tells the story of your matter: contracts and amendments, invoices, emails and texts, court papers you have been served with, corporate records, and a short timeline of key dates. A written list of your questions and your goals helps the attorney give you a realistic assessment faster.

It depends on the type and complexity of the matter. Business transactions and document work are often scoped up front, while litigation depends on how the other side responds. Under California Business and Professions Code section 6148, most engagements where fees are expected to exceed $1,000 must be put in a written fee agreement, so you will know the terms before work starts. Both attorneys pay close attention to the cost-benefit ratio of every matter.

Communications made to get legal advice, including an initial consultation about hiring an attorney, are generally protected by the attorney-client privilege and the lawyer's duty of confidentiality. Keep in mind that simply submitting a website form does not by itself create an attorney-client relationship.

Both attorneys handle civil matters in California state and federal courts. If your matter involves another county or another state, ask during your consultation whether it can be handled directly or with local counsel.

Both can shield your personal assets from business debts when properly maintained. LLCs are usually simpler to run and offer flexible tax treatment. Corporations fit better when you plan to bring in outside investors, issue stock or offer equity to employees. The right choice depends on ownership, taxes, funding plans and your exit strategy, so it is worth reviewing with an attorney and your CPA before you file.

Most California LLCs and corporations owe the Franchise Tax Board an $800 annual minimum franchise tax, and each must file a Statement of Information with the Secretary of State (every two years for LLCs, every year for corporations). Missing these filings can lead to penalties and suspension of the entity, which can put your liability protection and your ability to sue at risk.

California does not require an LLC's operating agreement to be in writing, but going without one is a common and costly mistake. A written operating agreement or shareholder agreement spells out ownership, voting, profit splits, what happens if an owner leaves, dies or wants out, and how disputes are resolved.

Usually not, but there are exceptions. Personal guarantees on leases and loans make you liable by contract. Courts can also disregard the entity (known as piercing the corporate veil) when owners mix personal and business funds, undercapitalize the company or ignore required formalities. Keeping clean records and separate accounts is your best protection.

Decide early whether the deal is an asset purchase or a purchase of the ownership interests, because that choice drives liability, taxes and which contracts transfer. Buyers should complete due diligence on finances, contracts, leases, employees and pending claims, and should ask about tax clearances so they do not inherit the seller's unpaid taxes. Learn about business transactions.

Start with your partnership, operating or shareholder agreement, which may already set out buyout terms and valuation. Dissolution generally involves an owner vote, paying or providing for creditors, distributing remaining assets and filing dissolution paperwork with the Secretary of State and Franchise Tax Board. When owners disagree, the dispute can often be resolved through mediation instead of court.

Not always. Many oral agreements are enforceable in California. However, the statute of frauds (Civil Code section 1624) requires a signed writing for certain contracts, including agreements that cannot be performed within one year, leases longer than one year and sales of real property. Even when a writing is not required, it is far easier to prove.

Generally four years for a breach of a written contract (Code of Civil Procedure section 337) and two years for an oral contract (section 339), usually measured from the date of the breach. Contracts for the sale of goods and contracts that shorten the deadline can change the calculation, so do not wait to get advice.

The usual remedy is compensatory damages that put you where you would have been if the contract had been performed, plus foreseeable consequential losses. In some cases a court can order specific performance. Punitive damages are generally not available for a simple breach of contract.

Only if the contract, or a statute, allows it. If your contract has an attorney's fees clause, California Civil Code section 1717 makes it reciprocal, so whichever side prevails can recover reasonable fees even if the clause was written to favor only one party.

For anything significant, yes. The clauses that cause the most trouble are indemnity, limitation of liability, termination rights, auto-renewal, payment terms, arbitration and venue. A review before signing costs far less than a dispute afterward. See how contract review works.

Gather and preserve the contract, amendments, invoices and all communications. Check for notice and cure requirements, dispute resolution clauses and deadlines. Avoid stopping your own performance or making threats before getting advice, since doing so can put you in breach. A carefully written demand letter often resolves the matter without a lawsuit.

In California superior court, you generally have 30 days after you are personally served with the summons and complaint to file a response. The deadline can be later for other methods of service. If you miss it, the plaintiff can ask for a default judgment against you, so contact an attorney as soon as you are served.

As of 2026, small claims court handles disputes up to $12,500 for individuals and $6,250 for businesses, and attorneys cannot represent parties at the hearing (the Legislature has considered raising these limits, so confirm the current amounts). Limited civil cases involve $35,000 or less. Anything above that is an unlimited civil case, with full discovery and broader appeal rights.

Many business and civil cases take one to two years or more to reach trial, depending on the court's calendar, the complexity of the claims and how much discovery is needed. Most cases resolve earlier through settlement, mediation or motions.

Most civil cases settle before trial. That said, preparing every case as if it will be tried is often what produces a good settlement. Your attorney should give you an honest view of the risks, costs and likely outcomes at each stage so you can make informed decisions.

Under the general American rule, each side pays its own attorney's fees. Exceptions exist when a contract includes an attorney's fees clause or a statute awards fees to the prevailing party. Court costs are usually recoverable by the prevailing party.

Business and commercial litigation, breach of contract, real estate and landlord issues, construction, contractor and mechanics lien claims, unfair business practices and unfair competition, insurance claims, creditor and debtor disputes, employer defense and more. See all litigation services.

Generally no. Business and Professions Code section 16600 voids most employee non-compete agreements, and recent amendments make it unlawful for employers to enter into or try to enforce them, even if they were signed outside California. Narrow exceptions exist, mainly for the sale of a business or the dissolution of a partnership or LLC. Confidentiality and trade secret protections remain enforceable.

Yes. Under Labor Code section 2922, employment is presumed to be at-will unless a contract says otherwise. At-will does not mean an employer can fire for any reason. Terminations based on discrimination, retaliation, whistleblowing or other violations of public policy are illegal.

Under California's Fair Employment and Housing Act, an employee generally has three years from the date of the unlawful act to file a complaint with the California Civil Rights Department. After receiving a right-to-sue notice, the employee typically has one year to file a lawsuit.

Most California Labor Code wage claims carry a three-year statute of limitations, and claims brought under the Unfair Competition Law can reach back four years. Employers should keep accurate time and payroll records, since those records are often the deciding evidence.

At a minimum: an at-will statement, anti-discrimination and anti-harassment policies with a complaint procedure, meal and rest break rules, leave policies required by California law, pay practices and workplace conduct rules. California employers with five or more employees must have a written harassment, discrimination and retaliation prevention policy. Handbooks should be reviewed at least once a year as laws change.

Severance is not required by law, but a release of claims must be drafted carefully. California requires separation agreements to tell the employee of the right to consult an attorney and to allow at least five business days to consider it. For employees age 40 and over, federal law adds longer review and revocation periods for a valid age-discrimination waiver. Learn about employment services.

A judgment gives you legal tools to collect. Common steps include obtaining a writ of execution, garnishing wages, levying bank accounts, recording an abstract of judgment to create a lien on real property and seizing non-exempt assets. The right strategy depends on what the debtor owns and where it is.

A California money judgment is generally enforceable for 10 years and can be renewed for another 10 years if the renewal is filed before it expires (Code of Civil Procedure sections 683.020 and 683.110). Judgments also accrue interest, so the amount owed grows while it remains unpaid.

For most ordinary judgments, the weekly garnishment is limited to the lesser of 20% of the debtor's disposable earnings or 40% of the amount by which those earnings exceed 48 times the state minimum hourly wage (or the local minimum wage, if higher). Debtors can also ask the court to exempt additional earnings needed to support their family.

A debtor examination is a court-ordered hearing where the judgment debtor must answer questions under oath about income, bank accounts, property and other assets. It is one of the most effective ways to find assets that can be levied.

Yes. Under the Sister State Money Judgments Act, a judgment from another state can be registered in California and then enforced like a California judgment. A California judgment can similarly be domesticated in another state where the debtor has assets.

You are not required to have one, but enforcement procedures are technical and mistakes cause delays. Both attorneys represent individuals, businesses and other attorneys' clients in collecting entered judgments and awards. See how judgment enforcement works.

In mediation, a neutral mediator helps the parties negotiate their own confidential settlement but has no power to impose a result. In arbitration, one or more neutral arbitrators hear evidence and issue a decision that is usually binding. Mediation keeps control in your hands, while arbitration works like a private, streamlined trial.

Generally, yes. California Evidence Code section 1119 makes statements made and documents prepared for a mediation confidential and generally inadmissible in later proceedings, which encourages candid negotiation. A signed settlement agreement can still be enforced when it meets the Evidence Code's requirements.

Contractual arbitration is usually binding, and the grounds to overturn an award are very narrow, such as fraud, corruption or an arbitrator exceeding their powers. This finality is a major reason to get advice before agreeing to arbitrate or before the hearing begins.

Arbitration clauses are generally enforced, but not always. A clause may be challenged if it is unconscionable, if it does not cover the dispute, or if a specific law limits it. For example, federal law now lets employees choose court for sexual harassment and assault claims despite an arbitration agreement.

Often, yes. Mediation can happen within weeks, the mediator's fee is commonly split between the parties, and a successful mediation avoids months of discovery and trial preparation. It does not guarantee a settlement, but even an unsuccessful mediation often narrows the issues. Read more about the benefits of alternative dispute resolution.

It is not required, but it is strongly recommended. The other side will usually have counsel, and any settlement you sign or award you receive can be final. Both attorneys have represented plaintiffs and defendants in mediation and arbitration. Learn about ADR representation.