Legal Question in Business Law in California

Desparate! Dissolution of Parnership

I am involved in a 50/50 partnership that has gone very sour. My partner’s inability to manage his finances resulting in his debiting more than his share of money from our account on a consistent basis has forced me to come to this decision.

I have financed the business in all aspects: db filing, advertising, bank accounts - essentially every penny that was used to create the business came from my pocket. I have been attempting to contact him over the past two weeks without answer from him. I firmly believe that he suspects I want to end the partnership and thus, refuses to return my calls. I know I need something with his signature dissolving the partnership, however, given that he wont return my calls, I don't see an easy way of getting it. There are no assets or money to be divided. At this point, there is only debt. I am even willing to absorb it if he will just walk away.

So here is my question:

Is there a way I can sever this relationship without an actual partnership dissolution agreement given his lack of communication? Perhaps a ''Cease and Desist'' keeping him from conducting business under the company name.

I know that I can come out of this, even with the debt, if I can continue without him.

Thank you.


Asked on 2/09/07, 1:23 pm

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Desparate! Dissolution of Parnership

You must file a Dissolution action in Superior Court and ask for an injunction to prohibit him from the dmaging activities. 18 years exp. Call me directly at 1.619.222.3504 or e-mail me at the address below.

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Answered on 2/10/07, 12:33 pm


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