Legal Question in Business Law in California

My partner cheated me, embezzled money, stole, and produced fraudulent loans on behalf of the llc,s we had together. I just recieved a bs letter that he had a meeting and removed me from the llc. I was given 1 hour notice prior to meeting and his attorney is now claiming that I was removed. I am a 50/50 partner and currently looking for legal cousel to stop this criminal. I advised both my partner and his attorney that the notice given was not sufficent and my attorney would be contacted them to review the disolution process and set a time to review. He is a scam artist and god knows what he is telling his attorney. Is this legal?


Asked on 1/21/10, 4:51 pm

6 Answers from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

It sounds like something bad is going on but I would have to sit down with you and all of your paperwork to get a real picture of what is going on. Please call if you would like to schedule an appointment.

Jon Reich

NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

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Answered on 1/26/10, 5:11 pm

There is no way to tell if it is legal without reviewing the LLC governing documents and going over more detail about what has happened. It certainly doesn't "smell" right though. Also, if he has in fact embezzled money, the next step will usually be hiding it. So you need to act quickly. Please feel free to call my office to set up a telephone consulation.

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Answered on 1/26/10, 5:17 pm
Terry A. Nelson Nelson & Lawless

You shouldn't have any trouble finding an attorney to help you in this. Your issue will be the cost involved. It sounds like you are going to have to file and/or defend against a lawsuit to sort this out and protect yourself. Consult with local 'business litigation' counsel. If you can't get a referral, you can try the local Lawyers Referral Service. If this were in the SoCal courts, feel free to contact me.

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Answered on 1/26/10, 5:18 pm
Daniel Bakondi The Law Office of Daniel Bakondi

No it is not legal, but if you dont stop it, nobody else will stand up for your rights. We see this all the time. He is hoping you do not do the smart thing and obtain legal counsel to represent your interests. Contact my office for a free consultation.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

www.danielbakondi.com

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

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Answered on 1/26/10, 5:30 pm

From the information you provided:

Obviously, if he "cheated you, embezzled money, stole, and produced fraudulent loans on behalf of the llc" this would be illegal.

I find it hard to believe that your operating agreement would allow for such short notice for the meeting without a waiver and consent. I won't worry to much about the meeting if you retain competent representation.

Any criminal prosecution would have to be initiated by the proper authority, but a private attorney would be able to protect you on the civil issues.

Feel free to give me a call.

IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

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Answered on 1/26/10, 5:44 pm
Ronnie Gipson Higa & Gipson, LLP

The facts as presented indicate that you have legitimate claims against your former partner. However, without reviewing the governing documents and other paperwork it is impossible to provide an analysis without all of the facts. I strongly urge you to seek an attorney to review the situation and go on the offensive if warranted as soon as possible. Good Luck.

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Answered on 1/26/10, 8:45 pm


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