D. Steven Yahnian

D. Steven Yahnian, JD, CPA (California), CFP® , LLM (Tax), MS (Taxation)* has been a member of the California State Bar since 1980. In addition, Mr. Yahnian is one of a small group of attorneys who are California State Bar Board of Legal Specialization Certified Specialists both in Taxation Law, as well as Estate Planning, Trusts, and Probate Law. Mr. Yahnian is the only attorney in Tulare County and Kings County with both designations.

*UCLA Extension Equivalent

• Asset Protection Planning
• Tax Litigation
• Tax Resolution, Offers in Compromise, Payment Arrangements

• Does Not Currently Practice Law
• Not Currently Accepting Clients

California

State Bar of California

ID Number: 96240

Attorney / Founder

Yahnian Law Corporation

1988 - Current

DSA ACCOUNTING (owned by Steve Yahnian)

CPA (California 1984)

1984 - Current

Steve Yahnian has a separate accounting practice called DSA ACCOUNTING. He has prepared thousands of tax returns and rendered other accounting services since 1984. Steve is also a CFP(r) and provides financial planning services to his accounting clients as part of his accounting practice.

University of California - Los Angeles

M.S. (2021) | Taxation

*UCLA Extension-MS Equivalent

Honors: With Distinction (3.98/4.00)

New York University

LL.M. (2010) | Taxation

Honors: 3.50/4.00

Loyola Law School, Los Angeles

J.D. (1980) | Business, Estates, Real Estate and Tax

Honors: Dean's List every semester

University of Southern California

B.S. (1977) | Accounting

Honors: Dean's List

California State Bar  # 96240

Member

1980 - Current

Estate Planning, Trust and Probate Law Specialist

California State Bar Board of Legal Specialization

1999

CFP

CFP Board

1995

Taxation Law Specialist

California State Bar Board of Legal Specialization

1988

Certified Public Accountant (California)

California State Board of Accountancy

1984

Q. Non-solicitation agreement between me and LLC; also between LLC and client.

December 31, 2021

A: First, you should immediately seek legal counsel from a California employment law attorney. The following is a general discussion of the law and should not be relied on as the complete and total answer to your question. Generally, with some exceptions, an Employer cannot prevent an employee from seeking employment with a customer of the Employer, under California law. The Employer can prevent sharing of trade secrets or solicitation by a former employee of its other employees to go to work for a competitor. But, as a rule, California has been one of the leading states to look unfavorably on contractual restraints on competition, especially in the context of employment agreements seeking to restrict an employee's ability to compete post-employment. This position is rooted in public policy and codified in Bus & P C §16600, and courts have broadly held (with certain limited statutory exceptions) that §16600 applies to every contract that imposes "a restraint of a substantial character," regardless of whether the contract includes an express noncompete clause. Golden v California Emergency Physicians Med. Group (9th Cir 2015) 782 F3d 1083, 1091; SPS Technols., LLC v Briles Aerospace, Inc. (CD Cal, Oct. 30, 2019, No. CV 18-9536-MWF (ASx)) 2019 US Dist Lexis 219610, *39.

The types of contractual restraints on competition can vary, but in the employment context they fall into five basic categories including "No-hire" provisions between a business, its competitors, and/or its customers, which are designed to prohibit or deter the customer from hiring the employee away.

An employer's attempts to restrain employee mobility or the ability to compete, whether by contract or otherwise, are viewed with circumspection by California courts, and as a violation of the state's strong public policy. A person has a substantial interest in the unrestrained pursuit of their livelihood and must, within limits, be allowed to change employers and compete for available business and customers.

The public policy underlying Bus & P C §16600 is also designed to protect California-based employers (such as the county in your case), by allowing them to compete for the most talented, skilled employees in their own industries, wherever they may reside. It bears remembering that employers enjoy almost complete freedom to downsize, restructure, or otherwise lay off employees. The rules should not be, and are not, so one-sided as to allow one party to the relationship to terminate it at will and deny the other party an opportunity to pursue a career in their area of expertise. ... Read More

Q. If my mom died and in her will left me the house how do go about legally getting the deed and house

December 15, 2021

A: Generally, the executor named in the will, will have to file a probate with the Superior Court of the county that your mother lived in when she died. Pursuant to that, there would be a hearing appointing the executor after notice to certain persons. Soon thereafter, the executor would file an inventory and appraisal of all probate assets with the court. The executor also has to send notice to the Medi-Cal office in Sacramento notifying them of the death and letting them know that if your mother was receiving medi-cal assistance at her death, they can file a claim for recovery, subject to certain exceptions. Then, if all goes well, and there are no creditor's claims (watch out for California Medi-Cal recovery claim if your mother was receiving Medi-Cal when she died), and also if the property is not sold by the executor during the probate (with notice to the will beneficiaries, heirs, etc), the executor would thereafter file a petition to close the estate and obtain the Judges ruling as to who the property would go to (presumably you based on your facts). That court order is then certified by the court clerk at the request of the executor, and then recorded with the county recorder. That recording of the certified court order works as the 'deed' to the property putting it in your name. There is no separate deed under these circumstances.

I strongly recommend that the executor retain a probate attorney to handle this matter rather than trying to do it themselves. It is not as easy as it may look and Probate judges tend to be sticklers. ... Read More

Q. My living trust includes my rental home. If I create an LLC for that rental, does the LLC need to be added to the trust

December 15, 2021

A: Yes. If you want to help your family avoid having to probate the LLC interest when you die, you need to either own the LLC as Trustee of your living trust, or name a beneficiary for your LLC shares in the LLC operating agreement. The best approach is to make the owner of the LLC yourself, as trustee of your living trust.