Legal Question in Business Law in California

I would consider taking the case. How much is their business worth now - how much do you think they owe you had they given you the partnership share you expected? Send me an email and let me know. I have experience in these matters.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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They have a lawyer advising them, and you don't. Whether it is worthwhile to sue depends on how well they've hidden their assets. If you can prove up your allegations without having to subpena any documents, you should be able to get an order freezing their bank accounts and assets (a "right to attach order") without prior notice to them. Unfortunately the legal work you require will cost you something. Retain an attorney here in OC. Watch out for legal time limits. I'd be happy to talk to you anytime.

Was the business really a general partnership? Sometimes people associated together in an LLC or small corporation speak of themselves as partners, but aren't.

If this is a partnership, and you truly became a partner, lack of a written agreement is not fatal, because partnerships can be formed and exist with or without an express agreement, much less do they need a written agreement. Obviously, the more you have in writing the easier it will be to show you were a partner (and not just a lender or gurarantor), your contribution to partnership capital, and the other terms of your role.

Your list of proposed causes of action should include some of those created by the California Revised Uniform Partnership Act, In addition to particularized fiduciary duty requirements that are obviously breached by the usurpation of business opportunity, the RUPA provides means to require an accounting and a buy-out of your capital account including your share of net assets and your investment.

My wife's technology company acquired an Irvine-based outfit to expand into Southern California a couple of years ago, and in the process we kind of learned about the Irvine hi-tech milieu. Can be rough-and-tumble, to put a pretty face on it. I have cases scattered from Siskiyou County to Imperial, and would invite you to contact me, perhaps among others, to allow me to comment in greater depth based on more information.

I would be glad to talk with you further about this matter. Please give me a call at 310.478.2541

Jon Reich

You need to consult with an attorney who has expertise in partnership and real estate matters.

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

Franchise Attorney