Panel rules state may sue to limit lawyer's practices.

IN a harshly worded opinion, a three-judge appeals panel ruled that controversial consumer attorney Harpreet Brar must defend himself against charges his practice has run what amounts to "a kind of legal shakedown scheme."

California Attorney General Bill Lockyer sued Brar, name partner at Brar & Gamulin LLP in Long Beach, in July 2003 for alleged abuses of section 17200 of the California Business and Professions Code, which protects consumers from unfair and illegal business practices.

Brar has sued hundreds of nail salons for reusing nail polish bottles and Indian-owned convenience stores for selling bootlegged videocassettes, practices he claimed violate the state code.

The state argued that Brar looked for what was described in court papers as "ridiculously minor violations of some regulation or law lay a small business" and would then "sue that business in the name of (a) front organization." It is seeking to stop him from filing suits under the statute.

Brar sought to have the state's case dismissed, but an Orange County Superior Court ruled against him. He appealed, and on Feb. 24, a three-judge panel in 4th Appellate District affirmed the decision.

In its ruling, written by Presiding Justice David Sills, the panel said Brar's argument for dismissal was "a substantive loser" and that "Brat's appeal practically has the words 'brought for reasons of delay' virtually tattooed on its forehead."

The appeal, Sills wrote, allows Brar "a very cheap hiatus in the proceedings, and that hiatus becomes doubly important in a situation where, as here, a public prosecutor is seeking an injunction to prevent the defendant from continuing the ongoing abuse of the legal system."

In ruling that Brar would have to answer the state charges in Orange County Superior Court, the panel also opened the door for Lockyer to seek sanctions against Brar for taking "a frivolous appeal."

Brar did not return calls. Attorney General spokesman Tom Dresslar said the case would go to trial in Orange County Superior Court.

"We're looking forward to presenting our case in court," he said. "The AG believes this is probably the most important consumer law on the books in California. And there are a handful of firms, including Brat, that have abused this to shake down businesses."

Legal Moves

Mitchell Silberberg & Knupp LLP nabbed Patricia Mayer, former senior vice president of the legal division at Metro-Goldwyn-Mayer Inc., as a new partner in its entertainment and new-media practice group.

Mayer comes from London-based SJ Berwin, where she represented Sony Pictures Entertainment, Universal Studios and MGM in European film financing deals. Mayer said she went to London three years ago to learn more about film finance ...

Marc Benezra has joined Weissmann Wolff Bergman Coleman Grodin & Evall LLP as a partner in real estate and business acquisitions from Stephan Oringher Richman & Theodora PC.

Staff reporter Amanda Bronstad can be reached at [phone] ext. 225, or at [e-mail].