Richard Burt Professional Law Corporation

In communicating through a website with a lawyer you are thinking of hiring, you should not provide any confidential information concerning your legal matter until an attorney-client relationship has been formed.

Sending an email to Richard Burt or leaving a voice mail for him or his assistant (and a reply from either) does not create an attorney-client relationship.

No attorney-client relationship will be formed until you and Mr. Burt have agreed that he should represent you, he has determined that there is no conflict with an existing client, you have signed an engagement letter that sets forth the terms of the representation, and, when requested, you have made a fee deposit.

Please note that the initial consultation is solely to determine the nature of your legal matter and to discuss fees. Mr. Burt does not offer free legal advice.

After an attorney-client relationship has been formed, email (and voice mail) may of course be freely used for confidential attorney-client communications.

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NOTE: Mr. Burt does not handle litigation of any kind. If you wish to sue someone, are being sued, or need to make a court filing of any kind, Mr. Burt cannot help you. You should not contact him for those services.

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Contract Drafting

Good Standing Certificates in California

12/07/2021

California does not issue good-standing certificates under that name. For what is referred to in other states as a “good standing certificate,” the California Secretary of State will issue a CERTIFICATE OF STATUS certifying to the current status of an…

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Civil Code Sections relating to General Releases Modified

02/28/2019

On February 28, 2019, the Corporations Committee of the Business Law Section of the California Lawyers Association published an e-bulletin that I authored. The text of the e-bulletin, as submitted for publication, follows. With SB 1431 (chapter 157, statutes of…

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Delaware Court Upholds Non-Compete against California Employee

12/10/2018

The following is the text of an e-bulletin that I wrote and that was published by the Corporations Committee of the Business Law Section of the California Lawyers Association. Patrick Miles, a California resident, was first hired in 2001 by…

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LLC Bound by Contract Even Though Contract Was Outside Its Purpose and Signatory Was Technically Not a Manager

03/11/2017

The following is the text of an e-bulletin that I authored on apparent authority and that was published by the Corporations Committee of the Business Law Section of the State Bar of California. In  Western Surety Co. v. La Cumbre…

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Webinar Presentation on Drafting Buy-Sell Agreements

11/15/2013

On November 14, 2104, I conducted a webinar on “Drafting Buy-Sell Agreements–What  the Forms Books Won’t Tell You.” The program was jointly sponsored by the Corporations Committee and the Partnerships and LLC Committee of the Business Law Section of the…

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Excluding Assets From a Personal Guaranty

07/22/2013

The following is the text of an e-bulletin that I prepared that was published by the Corporations Committee of the Business Law Section of the State Bar of California. This was republished (under the title of “Excluding Assets from a…

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Superfluous Text in a Contract Opens Door to Litigation

02/19/2013

The recent case of Schron v. Troutman Saunders LLP, from the New York Court of Appeals, New York’s highest court, shows the importance of not including unnecessary verbiage in a contract just because it’s traditional. In this case, an LLC…

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Bylaw Indemnification and the Statute of Frauds

02/02/2013

In a recent post on his blog, Keith Bishop asks the question, Are charter indemnification provisions contracts? Many companies include provisions in their articles and bylaws that mandate indemnification of directors and officers, and they often say that they are…

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California Supreme Court Overrules Prendergrass

01/15/2013

In Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association (January 14, 2013), the California Supreme Court overruled a precedent of over 75 years’ standing (Bank of America etc. Assn. v. Pendergrass (1935) 4 Cal.2d 258) and held that a…

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Inconsistent Use of Entity Name Proves Costly

09/11/2012

In Montgomery Sansome v. Rezai (March 28, 2012) 204 Cal. App. 4th 786, the court held that a construction contractor’s designation of an entity as a “general partnership” in a fictitious business name statement when the contractor was licensed as…

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