California  |  Business Law

Legal Question

Asked on: 7/03/13, 4:56 pm

I have quick questions, hopefully I have worded them to be “yes/no”, but any explanation is superb.

1. A business is a partnership (between man and wife) and I have a small claim against the business. I know that I only have to file against one member. However, my question is: if I feel the male is going to show up to the court to testify regardless, can I have the female served so that both show up?

2. (Follow up) Is this a wise decision, or should I only have the male served so that the female can avoid appearing, thus separating the partnership while in court?

3. If in my case I request compensation for 3 issues; a refund of service paid for but not rendered, a refund due to over-payment of service received, and reimbursement for funds used to fix a mistake in service. And the business offers compensation for 1 of those 3 issues. Should I accept this refund? i.e. does accepting some form of compensation hinder my case and or imply that my case was resolved by accepting funds?

Thank you for you help.

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