Gregory Garth Brown’s Answers

Gregory Garth Brown

Irvine Business Attorney.

Contributor Level 12
  1. What is the penalty for lying about serving court documents?

    Answered about 4 years ago.

    1. Frank Wei-Hong Chen
    2. Gregory Garth Brown
    2 lawyer answers

    If someone lies in connection with a legal proceeding (under the penalty of perjury), then they can be liable for perjury. The difficulty, as you probably have learned, is that prosecuting people for perjury is uncommon. It would have to be a big ticket item for the District Attorney to go after them - - not impossible but highly unlikely. You will need to bring this up to the Court, though, so the Judge is aware of what is going on. Have you proof available. Then, focus on the case...

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

    Answered about 4 years ago.

    1. Frank Wei-Hong Chen
    2. Steven Mark Sweat
    3. Gregory Garth Brown
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Gregory Garth Brown
    2. Oksana Anatolyevna Vanrooy
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  4. Modification of custody

    Answered about 4 years ago.

    1. Gregory Garth Brown
    2. Cherie Lynn Brenner
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  5. If a contract was emailed via pdf and never printed or signed by the receiving party - is it still legally binding?

    Answered about 4 years ago.

    1. Gregory Garth Brown
    2. Steven Alan Fink
    3. Pamela Koslyn
    3 lawyer answers

    You do have legal recourse. You can have an oral contract even if they didn't sign your email/.pdf. Also, since they kept the goods, there is partial performance of the oral agreement confirming there was an agreement. You should demand performance/return of the unsold items. 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. This answer is offered for informational purposes only....

    1 person marked this answer as helpful

  6. How do I report someone for fraud and is this fraud?

    Answered about 4 years ago.

    1. Eric Lechtzin
    2. Gregory Garth Brown
    2 lawyer answers

    This may be fraud. If there was a misrepresentation of material fact, reasonable relied upon by your parents, who made the investment based upon the misrepresentation, and suffered damages, then yes. There may also be a claim for breach of contract and possible conversion. Did they all form the business together? Was there an agreement in writing? An attorney with experience in this area would need to analyze the documents and thoroughly analyze all the facts from your parents and the...

    1 person marked this answer as helpful

  7. Can I sue my inlaws for slander

    Answered about 4 years ago.

    1. Gregory Garth Brown
    2. Andrew Daniel Myers
    2 lawyer answers

    If they make a false statement about you to any third parties and it causes you damage (with exceptions for business reputation, chastity, etc. - - no damages have to be proved), then you may be able to. My suggestion is to try to get it to stop. Suing family members is very emotionally draining and usually not worth the trouble. Also, if there is a grain of truth to the statements, they may have a defense. Both you and your inlaws would need lawyers and there could be costs. It's not that...

    1 person marked this answer as helpful

  8. What options are there to split a plumbing partnership/ businsss but no income or book value?

    Answered about 4 years ago.

    1. Pamela Koslyn
    2. Gregory Garth Brown
    2 lawyer answers

    It is definitely reasonable to ask for 1/2 of the client list. Book value is mostly irrelevant. The true "asset" of the business is the ability to do business going forward with advertising in place and prior clients who will likely need work in the future. I highly recommend you not "walk away". Based upon what you said, you are entitled to half.

    1 person marked this answer as helpful

  9. I have sole physical custody of my child, and have joint legal custody. do I need permission to travel out of the country?

    Answered about 4 years ago.

    1. Gregory Garth Brown
    2. Steven Alan Fink
    3. Shakeb Ahmad Razai
    3 lawyer answers

    The answer may depend upon what transpired previously. Of course, the safest way to go is to obtain permission. If you don't want to go that route, you would be best off having an attorney look at all the facts of your situation so you don't have problems.

    1 person marked this answer as helpful

  10. How to petition to confirm a binding arbitration from AAA in superior court in California. What forms do I have to fill and

    Answered about 4 years ago.

    1. Frank Wei-Hong Chen
    2. Steven Alan Fink
    3. Gregory Garth Brown
    3 lawyer answers

    AAA Arbitration has forms you can file. You have a fee to pay as well, but may be able to recover it back if you prevail. Go to courtinfo.ca.gov/cgi-bin/forms.cgi or just call AAA. They will gladly give you the forms to initiate arbitration and also the Rules governing AAA arbitration.

    1 person marked this answer as helpful