Skip to main content
Brian M Gottesman

Brian Gottesman’s Answers

136 total


  • What are my options? The lady next door has a vendetta and calls police, firemen, and city officials to come harass my family.

    Six months ago me, my finance, and our two autistic children began renting a house with the option to buy. The old lady next door would call me over occasionally to question me and threaten me that she was watching so we better watch what we do. I...

    Brian’s Answer

    What your neighbor is doing is a crime, and no different from what the "rogue social worker" in this article did (and was arrested for): http://www.washingtonpost.com/news/morning-mix/wp/2015/08/17/rogue-social-worker-targeted-neighbors-with-fake-calls-to-child-protective-services/

    You should report this conduct to the police and your local state attorney's office. It is unlikely that you are the first people she has done this to. You may be able to obtain a restraining order against her or press charges through the state attorney.

    See question 
  • I'm being falsely accused of embezzlement and have just gotten a "demand letter" from my former managers attorney. What do I do?

    I was working for a small local business for 4 months and out of nowhere the manager tells my coworker there is over 1k missing that appears to have happened over a course of since we opened and that she "knows" it was me. I was in charge of makin...

    Brian’s Answer

    You are not obligated to respond to a demand letter from your former employer. However, as Mr. Pocasangre said, if your former employer files civil charges or presses criminal charges against you, you are going to need a competent attorney's assistance. You may want to take the demand letter to an attorney preemptively and determine what the appropriate response is.

    Quitting a job where you have been accused wrongly of theft doesn't seem like and unreasonable or particularly guilty response.

    Based on my experience the police are very unlikely to get involved over such a small amount of money and will regard it as a civil suit. Either way the burden of proof is on them to show that you took the money, which based on your recitation of the facts doesn't seem like something they will be able to prove.

    See question 
  • Party A seeks business records of Party B, a close corporation.

    The identity of Party B's custodian of records is unknown. May Party A simply serve the registered agent for process of Party B with the subpoena? Is it ok if the custodian of records is not served (as its identity is unknown? CCP 2020.410 (c) req...

    Brian’s Answer

    You need standing to seek business records. You obtain standing either by (a) being a litigant in a lawsuit against the company, in which case the court's discovery rules apply and documents "calculated to lead to the discovery of admissible evidence" relevant to the litigation may be sought; or (b) being an equity holder in the company, in which case you may have contractual and/or state statutory rights of inspection for certain classes of records.

    See question 
  • Question about resignation and days notice?

    i'm planning to resign in my company . based on the company's handbook it should be 45 days notice for resignation. however, i wanted just a 30 days notice. since the other company where i will be trNsfering is waiting for me already.will there be...

    Brian’s Answer

    It depends. No company can force you to work. However, if you have an employment contract you may be subject to financial penalties by giving less than the required amount of notice (such as forfeiture of bonus, etc.). Even if you are an at will employee, failure to follow the employee handbook might result in an inability to get a good reference from this company.

    45 days seems like a lot of notice. Most companies would not want you sticking around that long after giving notice. I would assume that it includes weekends unless it specifically says "business days".

    See question 
  • What Delaware laws are violated by installing keyloggers/stalkware on a laptop and giving it as a gift?

    My daughter's father gave me a laptop on the pretense of being able to video chat with our daughter. After having some issues with the laptop, I ran a scan for deleted files and found that the "brand new", still in the box laptop had been in his p...

    Brian’s Answer

    This was the subject of a Senate Bill proposed in 2005 but never adopted.

    See question 
  • Should I take the lie detector test?

    I was recently accused of a sexual crime involving a minor she said I did it and that's the only evidence present her word I was told by the detective she said I was 16 when it happened (I am currently 21) I was questioned by a detective who said ...

    Brian’s Answer

    A lie detector test is not a good means of exonerating yourself. They commonly yield erroneous results (including false positives) - for this reason they are generally not admissible in court (and evidence that you refused to take the test is also not generally admissible.

    It sounds like you haven't been given a lot of information by this detective. He certainly does not have your interests in mind (nor is that his job). I would recommend you not have any further contact with the police until you have spoken with an attorney and been advised of your rights.

    See question 
  • Can owner of S. corporation and 100% share holder sue for personal damages caused to him through the corporation

    my corporation is inactive, i had a judgment in the favor of my corporation, it is chapter S. corporation and i have 100% interest in the judgement entered, i hired attorney for collection, after discovery of fraudulent conveyance, he timely file...

    Brian’s Answer

    What is your question? If the attorney represented the corporation, and failed in his duty of care, then the right to seek damages for malpractice belongs to the corporation.

    See question 
  • I got suspended from work without pay for suspected gross misconduct for theft and they are doing a corporate investigation.

    What should I do

    Brian’s Answer

    A much more complete factual background is needed to give you definitive advice on what claims there might be. You need to contact a reputable employment attorney immediately to determine what rights you might have. Note that many employment-related claims require quick action or they are waived. Do not delay!

    See question 
  • I need to get either a will or a living trust for my Wife. I just inherited a home and want her to have it if I should pass on.

    We live in Alexandria and got a price of $500.00 from one lawyer and I felt that was a tad expensive.

    Brian’s Answer

    $500 is not expensive for an estate plan. Indeed it seems on the unreasonably cheap side.

    What type of estate plan you need, and whether it requires the incorporation of a trust or other estate planning tool, is highly fact-specific and needs careful consideration of all factors. You may, for example, be able to simply re-deed the house to yourself and your wife as tenants by the entirety or joint tenants, and have the house pass ot her that way, but there may be federal and state tax issues to consider.

    See question 
  • Is it illegal to DDos a website?

    DDos: Distributed Denial of Service which can pretty much shutdown a website

    Brian’s Answer

    Mr. Goodman is correct about the civil damages that may be incurred by the initiator of a DDOS attack. The perpetrator may be subject to breach of contract claims from his own ISP, as well as tort claims for direct and consequential damages resulting from the shutdown of the site.

    In addition, a DDOS attack may subject the perpetrator to severe federal criminal penalties under the Computer Fraud and Abuse Act, as well as related state statutes.

    See question