The Baby and the Bath Water

California voters passed Proposition 64 in November, buying into the argument of business (mostly the dirtiest industries, such as automotive repair) that Business & Professions Code § 17200 was allowing "shakedown" lawsuits wherein dirty lawyers were filing mass litigation assaults on small businesses, extracting nuisance value settlements from a large number of defendants to enrich the dirty lawyers without serving any public good.

They were right. Dirty lawyers were doing this. But the initiative's proponents were wrong in tying Business & Professions Code § 17200 representative suits to the scam. Yes, the lawyers were twisting, abusing and using that statute as their tool. But removing that proper use of that statute did not solve the problem. Why?

Because Prop 64 is preventing the proper use of Section 17200 by environmental groups, consumer advocacy groups and employee advocacy groups. But it is not preventing the same dirty lawyers from filing shakedown lawsuits.

Exhibit 1: Orange County attorney Harpreet Brar.

Brar, a 2000 admittee, and one of the "Big 5" shakedown artists targeted by the California Bar and the Attorney General, has been ordered to pay almost $1.8 million for abusing the state’s unfair business practices law by filing frivolous lawsuits against small businesses. The Orange County Superior Court also decided that Brar had repay 11 businesses a total of $11,200 in connection with the "shakedown settlements."

Brar sued hundreds of small business in Southern California based on technical and even non-existent violations in order to force their owners to pay quick settlements. For instance, according to Kevin Nguyen of Francis Nails in Redlands, California, Brar threatened to sue nail salon for using the same bottle of nail polish on more than one customer. Brar would offer to settle the matters almost immediately for $1,000, raising the cost of settlement with each new letter. "The litigation brought by Brar was not only frivolous, it was abusive," the Attorney General said. "It’s only purpose was to line Brar’s pockets with unjust profits."

Now that Section 17200 no longer aids Brar, and he's been fined and punished, business must be in the clear, right? Wrong.

In spite of the passage of Prop 64 and the imposition of an injunction, Brar filed a new lawsuit against several dozen liquor stores that charge a fee for use of their debit machines without posting the surcharge fee in the store. In this new case, in which Brar is "representing" his wife, Satinder Brar, the ground for the lawsuit is a California Financial Code provision. Pomona Superior Court Judge Daniel Buckley dismissed part of that lawsuit, and the rest will soon follow.

Brar also sued Starbucks in a class action, not as a lawyer, but as the plaintiff, using two of his colleagues as his lawyers. An Orange County Superior Court judge recently disqualified those attorneys and Brar, finding that the law firm and Brar had "significant financial relationships" and that Brar "is not and cannot ever be a proper class representative. He has brought abusive and frivolous lawsuits, had a judgment entered against him in that regard and an injunction imposed upon him by the Orange County Superior Court."

Eventually, like the Trevor Law Group lawyers, Brar will probably lose his law license, and this string of nonsense will come to an end. Hopefully, the voters and the legislature won't repeal every law Brar tries to twist for his benefit between now and then.

Comments

[Harpreet Brar]

Next time you try to do an investigative report please research your facts.

[michael walsh]

Mr. Brar:

Enjoy the forum at any time. Feel free to say your peace. Your comment implies that my facts were wrong. What facts were wrong?

Were you not ordered to pay almost $1.8 million for abusing the state’s unfair business practices law? (That, of course, you have not paid.) Were you not ordered by the Orange County Superior Court to repay $11,200 in settlement money? Is Kevin Nguyen lying? Did you not offer to sell out the claims for $1,000? Did not the attorney general characterize your lawsuits as "not only frivolous, [but] abusive?" Did Judge Buckley not rule against you? Were you not disqualified as a class representative in the Starbucks class action? Did the Orange County Superior Court not find that your lawyers "significant financial relationships" with you and that you were not "and cannot ever be a proper class representative." Did the court not say, of you, that "He has brought abusive and frivolous lawsuits, had a judgment entered against him in that regard and an injunction imposed upon him by the Orange County Superior Court?"

[John D'Aquisto]

It is amazing that a snake like Brar is still a member of the Calbar.

This guy should be selling blue squishy at the local 7 11 store.

He is a crook, a thief, a huckster, a racketeer a legal thug.

Shame Shame on the CALBAR

[John D'Aquisto]

HA HA the Rat thug Harpreet Brar had to go to Jail....I hope he establishes a lasting relationship as Bubba's bitch.

It's about time that justice be done!

[John Sanders]

Harpreet Brar is a Legal Mastermind. Atleast he has the balls to enforce what the California State cannot.

Mastermind? That is the worst use of the word mastermind since they used it to describe those filthy street rat terrorists who blew up the embassies in Africa.

[STOP_THE_EXTORTION]

Who do I contact to assist me in defending against the Brar Attack?

[Mastermind]

Someone who kidnaps his son...offers his daughter coke.....does meth....(10 O'clock...2 O'clock)....does not pay child support for almost 2 years...does not pay spousal support for even longer....runs to another state...beats and threatens his family....attempts to manipulate the judicial systems....fails to show up to Court because of a Car Race (excused)... Horse Race (excused)...what next a Reindeer Race at X-mas time! (not excused)....fails to abide by visitation orders.....violates state and federal kidnapping laws....Knows he should be paying support....Can afford to pay support....called a tyrant by some of his acquaintances and so called friends......deserves the Brar Attack! 60 counts of Contempt equals a lot of county time.....at least 6 months to start......pity those who are male, under 5"6, and in a cell with Bubba. The Brar Attack can suck! Why is it that the law breakers always are upset for being brought to justice? You violate the law.....the California State Government can't help you...but the Brar Man can!

interesting

Harpreet Brar Suspended Again
Harpreet Brar has been "ordered inactive" by the State Bar. Brar was one of the few bad apples whose unethical practices caused the old unfair competition laws to be by gutted by Proposition 64. This is the second time Brar's license to practice has been taken away by the Bar.

HARPREET BRAR FAILS TEST - SUSPENDED AGAIN
6/20/2007 Suspended
failed to pass Prof.Resp.Exam

Ethincs, Tax Evasion, DUI's ... his world is crashing down around him. Could not happen to a nicer guy !

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[Anonymous]

Friday, July 27, 2007
Brea attorney found guilty of tax evasion
Harpreet S. Brar is found guilty on five counts of felony state income tax evasion.
By DENISSE SALAZAR
THE ORANGE COUNTY REGISTER

BREA – An attorney who operated a law office in Brea was found guilty on five counts of felony state income tax evasion Thursday and will be sentenced in September, the Franchise Tax Board announced today.

Harpreet S. Brar, 35, who also operated a limited liability partnership in Long Beach, failed to file 1999 personal income tax and corporate income tax returns. He also failed to file his 2002 personal income tax returns and for the limited liability partnership, Holly McDonell, an FTB spokeswoman said.

"Tax evasion is a felony and you will go to prison," McDonell said.

Brar, who represented himself, did file a 1999 personal income tax return after the FTB executed a search warrant in late 2004. However, Brar failed to claim about $1.5 million he received from the sale of securities.

Brar was arrested in February 2006 for tax evasion. He was out on $250,000 bail when the trial started a week ago at Orange County Superior Court, McDonell said.

Brar owes the FTB more than $138,000 in additional tax for 1999, McDonell said. The total amount of restitution, including the business tax, penalties, interest, and the cost of the investigation, will be determined at Brar's sentencing on Sept. 14.

"All income is taxable, even illegal income, and the honest taxpayers pay 20 percent more because of those who cheat," McDonnell said.

According to the State Bar of California, Brar is no longer eligible to practice law. The number at Brar's former law office on Imperial Highway is disconnected and he could not be reached for comment.

Contact the writer: 714-704-3709 or [email protected]

[K. D.]

karma is a bitch isn't it! Eh Harpreet go ask yur wife whos laughing now!

[truth]

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