Legal Question in Business Law in California

division of property

I bought equipment for a business myself and two partners were starting, the business never opened and we are no longer partners. The equipment was put in one of the partners buildings and she refuses to give it back. I have all the receipts proving I paid for everything. When I took her to small claims court, she lied and said I have the equipment. The judge calculated the depreciation of the equipment (although it had never been used) and divided it three ways. Is there a law supporting the judges decision or should I ask for a reconsideration by a new judge?


Asked on 1/29/09, 9:06 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: division of property

The way to get another judge to hear a small claims case is to file an appeal. Unfortunately for you, only the defendant can do that. Unless there was a cross-complaint against you (*and* you lost) you don't have the right to file an appeal. Waiving the right to an appeal is part of the bargain you made when you chose the speed and simplicity of small claims court instead of suing in the superior court.

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Answered on 1/29/09, 12:36 pm
Daniel Harrison Berger Harrison, APC

Re: division of property

Mr. Hoffman is correct. Also, small claims is a crap shoot. You never know what's going to happen. I suppose the judge believed you were all partners and should somehow split the cost of the equipment. The judge must have believed you were in possession of the equipment and therefore could sell it anytime. Since the equipment is not new anymore, there is some depreciation or loss in value. The judge probably ordered all partners to share in that loss, with the other two partners owing you a little money. Right?

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Answered on 2/03/09, 2:02 pm


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