Category: Fraud & Concealment
What Are Punitive Damages and How Do They Work?
PUNITIVE DAMAGES The primary purpose of damages in a civil dispute is compensate the injured party for their loss. However, in certain circumstances “punitive” damages may be awarded in order to punish the defendant or deter future wrongful conduct. Availability of Punitive Damages Punitive damage awards in California are governed by Civil Code section 3294. […]READ MORE
Brown & Charbonneau, LLP Trial Attorneys Prevail in Fraudulent Transfer Case With Judgments Over $2,000,000
After a 2-week trial, Gregory G. Brown and Mark M. Higuchi secured a huge win in a complex, multi-county, fraudulent transfer case (under the Uniform Voidable Transactions Act). The Court awarded the Brown & Charbonneau, LLP Client another $778,000 and ordered that real estate transfers be set aside, including mortgages that were placed on the […]READ MORE
WHAT IS THE STATUTE OF FRAUDS?
The Statute of Frauds, codified in California Civil Code section 1624, requires certain contracts to be in writing (or that there be written evidence of the contract’s terms). That is, an oral contract (one that is not in writing) may not be enforceable. Contracts that must be in writing include, but are not necessarily limited […]READ MORE
Orange County Unfair Business Competition and Trade Secrets Attorneys
In California, the Unfair Competition Law prohibits anti-competitive practices, which is designed to protect others from unfair, unlawful, or fraudulent business acts or practices. Likewise, unfair competition law makes it illegal for companies to practice unfair, untrue, deceptive, or misleading advertising (AKA “false advertising”) due to the potential to harm others. In cases of unfair […]READ MORE
Overview of Legal Claims Around Fraud, Misrepresentation, & Concealment
Founding Partner and Trial Specialist, Attorney Gregory Brown presents an overview of legal claims around fraud, misrepresentation, and concealment. If you are involved in a contract dispute, it is smart to speak with a top-rated SoCal business attorney. In many cases, these disputes can be settled harmoniously without litigation. If litigation is your only […]READ MORE
Lawsuit Against Officers or Directors of a Corporation
In California, officers and directors of corporations are given principal authority over the primary affairs of the corporation. By law, officers and directors owe certain fiduciary duties, both to the shareholders of the corporation, and to the corporation itself. When an officer or director breaches these duties, or engages in other intentional wrongful conduct such […]READ MORE
Fraud in the Inducement as a defense to breach of contract claim.
Fraud in the Inducement as a defense to breach of contract claim. Business litigation attorney Gregory G. Brown recently represented a multi-state mortgage lender in a high six-figure contract dispute over the development and performance of an online marketing software engine and lead development campaign. The binding commercial arbitration occurred at JAMS Orange County. The […]READ MORE
What Is A Fraudulent Transfer And How To Collect?
What Is A Fraudulent Transfer And How To Collect? There are times when a person or company may try to avoid payment of a debt or potential debt by fraudulently transferring property to family, friends or other third parties. This is sometimes referred to as an attempt to become “judgment proof.” If you are a creditor […]READ MORE
CAN YOU SUE IN CALIFORNIA FOR BEING LIED TO?
Can You Sue in California Courts for Being Lied To? In California, fraud actions are commonplace and can arise from a variety of situations. However, winning a fraud case is difficult unless you have an experienced attorney helping you prove all elements of fraud. What is Fraud? Fraud occurs when a party makes dishonest or […]READ MORE
Real Estate Fraud Update – Adverse Party Refers Friends to B&C
Since the favorable resolution of the recent six figure real estate fraud dispute, Brown & Charbonneau, LLP received the ultimate complement or testament to its skills and ability. One of the ADVERSE PARTIES in that case referred their friend to the real estate litigation attorney Gregory G. Brown for a real estate dispute. They did […]READ MORE