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Gregory Garth Brown

Gregory Brown’s Answers

54 total


  • Which document governs, the Partnership Agreement from the 80's or the newly found 1957 original Shareholder Agreement? Thanks

    Grandparents incorporate closely-held corp. in 1957 with 10,000 shares (commercial real estate). No Minute Book, no Agreement, no Certificates all these years. As original incorporators die, shares are inherited by family members via Wills/...

    Gregory’s Answer

    If the 80's agreement says that is supercedes the prior agreement specifically, then it likely applies.

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  • My sons father is taking me to court for joint custody...

    he hasn't seen our son for about a year, sells and uses pot. hasn't paid a penny of child support. hasn't had a job in years. and now all of a sudden he wants joint custody! should i contact law enforcement about his drug deals so that it goes on ...

    Gregory’s Answer

    I would recommend you hire an experienced family/divorce attorney. The welfare of your child is paramount. Deal with any police/criminal issues with the help of your lawyer. Given the drug issues, you should contact an attorney asap.

    I hope this helps. If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The laws are somewhat different in every state. You should rely only on advice given to you during a personal consultation by a qualified and licensed attorney in your area who is thoroughly familiar with state laws and the area of practice that your issue relates.

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  • What california code states that personal injury awards cannot be used in child support determinations

    what state california code states that personal injury awards cannot be used in child support modifications

    Gregory’s Answer

    A personal injury award is the separate property of the particular spouse. You own it all. It is not "wages" or other regular earnings. While it theoretically could be considered, it is not a factor that is inputted into the guideline support calculations. This is not the case for spousal support, however, although it too should not factor in a personal injury award. The statute covering this area is California Family Code Section 4320.

    Calculating Child Support

    The state has clear guidelines for child support. In calculating child support, California has a statewide formula (called a "guideline") for figuring out how much child support should be paid. If parents can't agree on child support, the judge will decide the child support amount based on the guideline calculation.

    The guideline calculation depends on:
    * How much money the parents earn or can earn,
    * How much other income each parent receives,
    * How many children these parents have together,
    * How much time each parent spends with their children,
    * The actual tax filing status of each parent,
    * Support of children from other relationships,
    * Health insurance expenses,
    * Mandatory union dues,
    * Mandatory retirement contributions,
    * The cost of sharing daycare and uninsured health-care costs, and
    * Other factors.

    Child support can also include the cost of special needs like:
    * Traveling for visitation from 1 parent to another,
    * Educational expenses, and
    * Other special needs.

    To estimate how much child support the judge may order in your case, go to California Guideline Child Support Calculator This is an external link. Click this icon for our external linking policy. (open in a new window). To understand how to fill in the information, it is important to download the User Guide This is an external link. Click this icon for our external linking policy. (family law facilitator. If you have any comments or questions about this Child Support Calculator, email the Department of Child Support Services.

    When can child support be changed?

    You can ask for a change in your child support amount when there is a change in circumstances. For example, if you change the amount of time you spend with your child, you ask for a change in your child support.
    If the judge ordered a child support amount below the guideline amount, you can ask to change that amount at any time. A change in circumstances is NOT required.
    Before you decide to ask for a change in child support, it is a good idea to re-calculate the amount of child support in your case to make sure it is worth it for you to go back to court. To estimate how much child support the judge may order in your case, click below for California Guideline Child Support Calculator. To understand how to fill in the information, it is important to download the User Guide referenced below. Remember, this calculator only gives you an estimate. The amount the judge orders you to pay may be different based on information from the other parent or other factors that affect child support.

    I hope this helps and wish you the best with this issue.

    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    http://www.courtinfo.ca.gov/selfhelp/family/support/documents/mainfactors.pdf
    http://www.courtinfo.ca.gov/selfhelp/family/support/supqna.htm
    Irvine Divorce Lawyer Michele M. Charbonneau, Esq.
    Irvine Divorce Lawyers Brown & Charbonneau, LLP
    Orange County Divorce Lawyers Brown & Charbonneau, LLP
    http://www.bc-llp.com/Attorneys/Michele-M-Charbonneau.shtml
    http://www.bc-llp.com/Family-Law-Litigation/
    http://www.bcllpblog.com/family/wp-admin/
    http://www.bc-llp.com
    714.505.3000

    Disclaimer
    Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purpose

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  • Modification of custody

    I have had sole physical and legal of my beautiful son since April 1st. He is 17 months and has lived with me since he was 6 wks. She has had around 5% visitation. Because she'll soon graduate, she filled for sole custody. I have been a great ...

    Gregory’s Answer

    The Orange County Family Law Judges are regularly trying to make 50/50 orders (all else being equal). There are many factors the courts use to make the determination. The most important factor is what is in the best interests of the child. See below.

    The Family Code describes the factors the Courts look at in Section 3040:

    (a) Custody should be granted in the following order of
    preference according to the best interest of the child as provided in
    Sections 3011 and 3020:
    (1) To both parents jointly pursuant to Chapter 4 (commencing with
    Section 3080) or to either parent. In making an order granting
    custody to either parent, the court shall consider, among other
    factors, which parent is more likely to allow the child frequent and
    continuing contact with the noncustodial parent, consistent with
    Section 3011 and 3020, and shall not prefer a parent as custodian
    because of that parent's sex. The court, in its discretion, may
    require the parents to submit to the court a plan for the
    implementation of the custody order.
    (2) If to neither parent, to the person or persons in whose home
    the child has been living in a wholesome and stable environment.
    (3) To any other person or persons deemed by the court to be
    suitable and able to provide adequate and proper care and guidance
    for the child.
    (b) This section establishes neither a preference nor a
    presumption for or against joint legal custody, joint physical
    custody, or sole custody, but allows the court and the family the
    widest discretion to choose a parenting plan that is in the best
    interest of the child.

    Section 3041 states:
    (a) Before making an order granting custody to a person or
    persons other than a parent, over the objection of a parent, the
    court shall make a finding that granting custody to a parent would be
    detrimental to the child and that granting custody to the nonparent
    is required to serve the best interest of the child. Allegations that
    parental custody would be detrimental to the child, other than a
    statement of that ultimate fact, shall not appear in the pleadings.
    The court may, in its discretion, exclude the public from the hearing
    on this issue.
    (b) Subject to subdivision (d), a finding that parental custody
    would be detrimental to the child shall be supported by clear and
    convincing evidence.
    (c) As used in this section, "detriment to the child" includes the
    harm of removal from a stable placement of a child with a person who
    has assumed, on a day-to-day basis, the role of his or her parent,
    fulfilling both the child's physical needs and the child's
    psychological needs for care and affection, and who has assumed that
    role for a substantial period of time. A finding of detriment does
    not require any finding of unfitness of the parents.
    (d) Notwithstanding subdivision (b), if the court finds by a
    preponderance of the evidence that the person to whom custody may be
    given is a person described in subdivision (c), this finding shall
    constitute a finding that the custody is in the best interest of the
    child and that parental custody would be detrimental to the child
    absent a showing by a preponderance of the evidence to the contrary.
    (e) . . .

    See Family Code Section 3043.

    I hope this helps and wish you the best with this situation.

    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice.

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  • What is the difference between free speech and business speech?

    I am the defendant in a case where the plaintiff is trying to get a judge to issue a temporary restraining order against me expressing my opinions of the organization on a consumer advocacy website. This morning I participated in a telephonic hear...

    Gregory’s Answer

    Business speech ("Commercial speech") has some First Amendment protection. Usually, we are dealing with advertising or other business claims. The protection, however, is not a great as the protection given to non-commercial forms of speech or expression. The First Amendment will protect commercial speech that is not false or misleading and that does not advertise illegal or harmful activity.

    Commercial speech can be restricted only to further a "substantial government interest" and only if the restriction actually furthers that interest. The Supreme Court In Central Hudson Gas & Electric Co. v. Public Service Commission, (1980) 447 U.S. 557, held that a statute banning promotional advertising by public utilities was unconstitutional. That case established a "general scheme for assessing government restrictions on commercial speech." Commercial speech will be protected by the First Amendment if (1) it concerns lawful activity and is not misleading; (2) the asserted government interest is not substantial; (3) the regulation does not directly advance the asserted governmental interest; and (4) the regulation is more extensive than is necessary to serve that interest.

    Using this test, The U.S. Supreme Court struck down bans on drug advertising, Thompson v. Western States Medical Center, (2002) 535 U.S. 357 and tobacco advertising, Lorillard Tobacco Corp. v. Reilly, (2001), 533 U.S. 525.

    I hope this helps and wish you the best with this issue.

    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice.

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  • If wife's parents are paying her legal bills can i ask the court for them to pay mine? I am a full time student- wife =no job

    full time student in a teacher credential program wife= no job

    Gregory’s Answer

    The court would not have jurisdiction to order a non-party to the divorce proceedings (wife's parents) to pay your legal fees. Sorry.

    Well, the short answer seems to be that, if they were fully compensated by the settlement, there shouldn't be any "restitution" ordered. The Criminal Courts I believe would not be bound by a civil settlement but, again, if they have been paid, and "restitution" would be a double recovery, the criminal courts would likely not order it. It would be unfair and not what "restitution" is designed to accomplish.

    I hope this helps and wish you the best with this troubling situation.
    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice

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  • The section 1542 of civil code of the state of california? Does that mean after release in full of claim i owe nomore money?

    I was in a auto accident and a all parties signed a release in full of claim. I was talking to my probation officer and was told i have a restituion fine now.I was wondering doesnt the release in full claim and payment received by the parties from...

    Gregory’s Answer

    Well, the short answer seems to be that, if they were fully compensated by the settlement, there shouldn't be any "restitution" ordered. The Criminal Courts I believe would not be bound by a civil settlement but, again, if they have been paid, and "restitution" would be a double recovery, the criminal courts would likely not order it. It would be unfair and not what "restitution" is designed to accomplish.

    I hope this helps and wish you the best with this troubling situation.
    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice

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  • I am now divorced and want my name removed as CFO of ex's corporation. What form do I need to fill out?

    I have not been involved in this corporation since 2002, however I need to make sure my name is not associated with this business.

    Gregory’s Answer

    You will need to tender your resignation in writing. Make sure you confirm it is received. If you were involved in any other capacity, you need to sever all ties as well in any other capacity.

    I hope this helps and wish you the best with this troubling situation.
    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice

    http://www.sos.ca.gov/business/
    http://www.bc-llp.com/Business-Litigation/
    http://www.bc-llp.com/Articles/
    http://www.bcllpblog.com/trial/
    http://www.leginfo.ca.gov/.html/bpc_table_of_contents.html
    http://www.irs.gov/formspubs/inde,.html

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  • Corporation is now under Suspension

    My ex's Corporation is now under suspension and I need to know if I still need to file a Statement of Information to remove my name as CFO of his corporation.

    Gregory’s Answer

    How you proceed may depend upon a few issues. First, the corporation may need to be brought into good standing before a new statement of information may be received. You can try to file it, however, to establish a time line of when you tried. If accepted, you are ok. If not, at least you tried. If you are saying you "ex's corporation" is solely owned by him/her, then things may be a bit difficult. I would also tender your resignation formally as CFO and as a Director (if you are one).

    If you are a shareholder in the corporation, you will need to take more steps to protect yourself. This would require further analysis and assistance from a business lawyer.

    I hope this helps and wish you the best with this troubling situation.
    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice

    You may also find some of the below info/resources helpful:

    http://www.sos.ca.gov/business/
    http://www.bc-llp.com/Business-Litigation/
    http://www.bc-llp.com/Articles/
    http://www.bcllpblog.com/trial/
    http://www.leginfo.ca.gov/.html/bpc_table_of_contents.html
    http://www.irs.gov/formspubs/inde,.html

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  • Airbag failure to deploy for myself in my 2005 vw jetta

    i rear ended a older truck straight on my passengers air bag went off but i was alone in my vehicle going 25-30 on 35 and my car was totalled... i wanna know if my car model has a sensor for both to deploy and wat are my options? britt

    Gregory’s Answer

    First, your insurance company should defend you in any legal action brought by the car you hit. Products liability lawsuits against manufacturers are quite costly and time consuming. If you suffered severe injuries, then you may want to pursue legal action. If not, it is probably not worth your time and effort.

    Bring this up to your insurance company (if a claim has been submitted against you) or your attorney if you are pursuing a personal injury action in connection with injuries you sustained.

    I hope this helps and wish you the best with this situation.

    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    Since a great deal of information would need to be analyzed for a complete legal evaluation, this answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice

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