Irvine Business Attorney.
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...
Selected as best 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...
2 people marked this answer as helpful
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
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
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
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
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
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
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
If the 80's agreement says that is supercedes the prior agreement specifically, then it likely applies.
