Legal Question in Business Law in California

Back in Feb. 2013, I entered into a partnership agreement with a woman named Suzy for an auto parts store. I put up 2 percent of the start-up and was working (buy in) to buy my portion of the business. In late May of 2014, I had to take a medical leave due to a severe back problem that may require surgery. However, the next day, while I was at the business getting a few personal items, Suzy came in with a deputy sheriff and I was forced out of the building because my name is not on the lease. The name on the lease is Suzy's and the name of the business.

My question is: can I be forced away from my business even though we have a contract that states I have 50 percent say in what happens with the business and have worked enough to now own 18 percent of said business?

Curtis


Asked on 7/08/14, 4:05 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You WERE forced out.

Now your remedy is a lawsuit for your interest in the business. If you have an enforceable written agreement about the business, it will be relatively straight forward litigation, with possible settlement and resolution if you have the proof of your claim. It seems odd she would do this unless she thought she could 'legally' do so under the terms of your contract.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 7/08/14, 4:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

95947, eh? Hardly SoCal. I spent some time there working on a deal to lease the Almanor Railroad from Collins Pine. It (obviously) didn't work out.

It'd be interesting to know what kind of story Suzy gave the sheriff. So, I'd probably start by requesting a police report. Of course, any lawyer handling your case would also need to have full and impartial information as to why the partnership went sour, and what Suzy will tell the court in ((attempted) justification of her actions. Also, a careful reading of your partnership agreement would be very necessary.

Although this is probably a groundless power play, and one for which you can probably recover worthwhile damages, I'd also counsel you that getting bought out and/or recovering significant monetary damages in court is probably the better outcome for you than trying to salvage your position as a working partner.

I still have clients and cases in Quincy, Portola, Redding and Yreka, so I'm up that way fairly often and could represent you without travel time charges.

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Answered on 7/08/14, 6:07 pm


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