Legal Question in Business Law in California

My biz partners used and spent company debit card for his family and personal purchasings....too many times (total: more than $15,000). And also he (I think he embezzles from our shop daily/weekly/monthly sales -only cash......more than $40K-60K).

Is it possible to do legal actions (lawsuit or whatever)..and if there is a chance, I'd like to kick him out of our company and partnership..

Please, advise me...

Thanks...

LA, CA


Asked on 7/17/10, 5:11 pm

6 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Is it a true general partnership, or a corporation with just a few stockholders? The rights, remedies and also the risks are somewhat different. Also, a lawyer would need to look at the quantity and quality of proof available now, in order to advise further investigation or immediate action. Please feel free to contact me with details and I'll try to give you a more complete set of suggestions. No obligation, and completely confidential. I have several cases in So. Calif. at present.

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Answered on 7/18/10, 12:11 am
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point. It sounds like your business partners are engaged in illegal conduct. You need to have the facts and evidence evaluated. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/18/10, 7:56 am
Daniel Bakondi The Law Office of Daniel Bakondi

I need to look at your business arrangement. You may need to buy him out, or dissolve the business, or sue him, depending on the details.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 7/18/10, 10:03 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Whatever the form of the business, there is a legal remedy for you with respect to your "partner". It would be best for you to sit down with an attorney as soon as possible to discuss the specific of your case/claims and what you can do.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 7/19/10, 9:58 am
Terry A. Nelson Nelson & Lawless

You can pursue both criminal charges and a civil lawsuit if you have evidence to support your allegations. You can also follow the By Laws and rules of your company to remove him if desired. If serious about hiring counsel to help you in this, feel free to contact me.

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Answered on 7/19/10, 10:27 am

Forget these attorneys trying to get your business. Call the police, now, or just hand the guy your business and walk away. No jury is going to consider a civil case like this seriously if you don't call the police. Not to mention the fact that if he's been doing this he probably has spent it all and there is nothing to sue him for. Then just disolve the company and resurect it without him.

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Answered on 7/19/10, 11:21 pm


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