Patrick Merritt Maloney’s Answers

Patrick Merritt Maloney

El Segundo Business Attorney.

Contributor Level 6
  1. Can a minority shareholder be fired after he fined that there was money embezzlement?

    Answered almost 3 years ago.

    1. Phillip Monroe Smith
    2. Bruce Allan Wilson
    3. Patrick Merritt Maloney
    3 lawyer answers

    A few additional thoughts: 1. Whether you are a minority or majority shareholder depends on whether the others are working together to control the corporation and whether they have practical control. 2. An employment claim is a seperate matter from whether your rights as a shareholder have been violated, but this sounds like it gives rise to a complaint for retaliatory termination/wrongful termination in violation of public policy. 3. The specific facts will dictate whether you can...

    1 lawyer agreed with this answer

  2. Does a 998 cost-shifting demand trump the "prevailing party" rule? Does it include 1st appearance fees?

    Answered almost 3 years ago.

    1. Patrick Merritt Maloney
    2. Frederick Prescott Hayes
    2 lawyer answers

    The 998 will only have an impact on costs if your adversary does not recover the amount reflected in your 998, as drafted, including considerations such as whether the offer is inclusive or exclusive of costs. 998s can be tricky to draft and there is a large body of case law about how they should be interpreted. Misdrafting the offer can defeat the purpose. In any event, if the judgment is less than your offer, then costs will be shifted, and I can think of no reason why that would not...

    1 lawyer agreed with this answer

  3. Attorney Background Check?

    Answered almost 3 years ago.

    1. Phillip Monroe Smith
    2. Patrick Merritt Maloney
    3. Frank Wei-Hong Chen
    3 lawyer answers

    The California State Bar website lists disciplinary action against California attorneys. www.calbar.ca.gov

  4. Can I use the California anti-SLAPP in Federal court against a frivolous Lantham violation allegation?

    Answered almost 3 years ago.

    1. Pamela Koslyn
    2. Patrick Merritt Maloney
    2 lawyer answers

    Whether you can rely upon the Anti-SLAPP statute depends on the gravamen of the allegations. The fact that a lawsuit against you lacks merit is, itself, not a sufficient basis to invoke the Anti-SLAPP statute. Rather, you will need to show that your use of the mark was in some way part of protected activities. I think this will be challenging to establish, without know more about the allegations against you.

  5. Can I claim the fifth amendamanet when supeonaed for a divorce case involving child custody hearings

    Answered almost 3 years ago.

    1. Daniel David Horowitz III
    2. William Tyler Moore Jr
    3. Warren Vincent Norred
    4. Patrick Merritt Maloney
    5. Brian Michael Radke
    5 lawyer answers

    Generally, you need to have a legitimate basis to claim the Fifth Amendment, including a reasonable apprehension of criminal prosecution. This is oftentimes met by showing that you are involved in a criminal case or under investigation in connection with a criminal matter. Short of that, the judge may overrule your Fifth Amendment objection, require you to answer, and hold you in contempt if you do not.

    1 lawyer agreed with this answer