Legal Question in Business Law in California

My partner quit

Over 15 months ago me and my employee went in join venture, I provided 50% of the equipment and 60% of my customers.He signed ''non-compete'' agreement years back.

Before we went into venure we aggreed on all terms verbaly, with writen agreement to follow. Three weeks before the machines has to be moved out a writeen agrement was given to him to sign.''I forgat my glasses''. didn't show for a week when asked about the agreement , ''oh i forgot it at home'' then another excuse follow with another excuse, in mean time the trucking company come and hall the machines.

At the end he quit the business leaving my machines and his unattended. In that process I lost minimum $40,000 net the money I would generate would I didn't go in the venture.Not to count,this bible carry individual, borrowed over $14,000 to start the busienss, which money he didn't returned.This guys was using my equipemt and my customers and my money by paying me nothing in return.

My partner didn't show at the place for over a month, not to count a sporadic showing .Since I was running my business in another city I wasn't able to do nothing.All of the customers left and the place is closed.What my option. Should I sell his equipment and composate myself?


Asked on 3/04/04, 6:58 pm

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

Re: My partner quit

If you sell "his equipment" and "compensate" yourself, without a court order, you risk the very real possibility that your former "partner" may sue you for conversion. Conversion is when one person takes property belonging to another for their own use and benefit.

It sounds like you are going to need to sue this person. However, before you do anything, i strongly suggest that you set up an appointment with an attorney in your area to discuss all of the particulars of your situation. During that consultation, you should provide the attorney with whatever documents you may have (although it sounds as though you don't have any).

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Answered on 3/04/04, 8:03 pm
Larry Rothman Larry Rothman & Associates

Re: My partner quit

We natually will have to review your documentation, but based on the facts you have provided, I would recommend a lawsuit and pre judgment attachment of any assets of the defendant. Please contact our office at 714 363 0220 for review of your documentation and consultation.

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Answered on 3/05/04, 9:31 am


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