Legal Question in Business Law in California

How much was it making when they threw you out. How did they do so? There may be statute of limitations issues, when were you isolated from the partnership? Contact me directly.

As you probably know, or will soon be told, there is a statute of limitations that provides a defense to suits based on breach of a written agreement after four years. There are also less well-known limitations periods built into partnership law, and the partnership may have other defenses including "laches."

Whether and to what extent the statute of limitations would apply to the facts of your situation is less than clear. For example, if the process by which you were booted out was contrary to law or the agreement, or did not include a refund of your investment, there may be a good case that you have retained your 25% interest and can now assert your right to it at its current value. However, you may be entitled only to your capital account as of the date you were expelled as a partner, plus interest.

The Revised Uniform Partnership Act, together with non-conflicting provisions of your partnership agreement, govern your rights to remain a partner, procedures for removal of a partner, and for valuation and return of an ejected partner's capital account. Determining your rights today would require knowing all the facts and circumstances of your ouster in light of the RUPA and the agreement. I'd say RUPA sections 16601 and 16701 covering dissociation/expulsion and buyout of a dissociated partner's interest will be key in the analysis.

Plase feel free to contact me directly for a further analysis of your situation, gratis.

We would have to review your partnership agreement. You may still have rights in the business and can obtain an accounting for money that you should have received as income. You may also have the power to file an action to disolve the partnership,

If you are trying to enforce a written contract, you'd have four years from 'breach' of the contract. If it is an oral contract, then two years from breach. If you were actually a partner, then you generally can not be 'thrown out' without them following the law and rules on procedure. If after all that, if you think you have remaining rights to try to enforce, you need to consult with counsel to review all the docs and facts. Feel free to contact me if serious about doing so.

Yes, absolutely you might. You cant be "thrown out" of your interest. You should win on the statute of limitations issue because the right lawyer will know how to argue when that time period starts. You need an attorney who will aggressively pursue such a matter. I have litigated shareholder interests in complex litigation and with regards to hundred-million-dollar companies.

Please contact me for a free consultation.

Best,

Daniel Bakondi Esq.

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

Daniel Bakondi, Esq. [email protected] 415-450-0424

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San Francisco Litigation Attorney

ABSOLUTELY. You'll have no problem getting a good lawyer to take this on a contingency fee. You can reach me at [email protected].