Legal Question in Civil Litigation in California

I have an LLC with another person we got into an argument and HE went to our joint bank accounts and took out $34,000 then I panic-ed. When I saw the money missing I took the rest of the money and closed the accounts. He sent me a letter saying that he put it in an account that I have no access too and that he will continue to pay the pills. Now I dont trust him and dont even know if this is true.


Asked on 9/16/09, 8:54 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You two need to resolve your issues, and probably wind down the company, or you'll end up in litigation about the 'stolen' money. Hire an attorney to help you.

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Answered on 9/16/09, 9:34 pm
Cathy Cowin Law Offices of Cathy Cowin

This requires immediate responsive action in order to meet the continuing needs of the business. It is important that you get a legal analysis for the long-term but that the problem is approached in a way to maximize the potential of getting an immediate plan in place so that the business doesn't suffer because the two of you no longer trust one another. This can be worked out informally or requested as emergency relief through a court. More information is necessary to determine the best plan, but I recommend that you get an attorney involved sooner rather than later.

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Answered on 9/17/09, 12:55 am

This is exactly the kind of situation that mediation can help resolve, whether by restoring the business relationship, or more likely assisting the parties in disolving the LLC and determining what to do with the assets of the business. The alternative is usually a long and costly court fight over the business that benefits no one but us attorneys.

My firm maintains mediation facilities in Sacramento. I have served as a Judge Pro Tem, mediator and arbitrator for over ten years and have helped dozens of business partners resolve their differences without a court fight. If you and your business partner would like to discuss the option of mediation, I would be happy to assist you.

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Answered on 9/17/09, 1:11 am


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