Legal Question in Business Law in California

Re: No partnership

Partnership agreements may be ORAL!! Therefore, you do not need an agreement to claim that there was a partnership. I have had several cases like this. The judge will determine who is the most credible and have no mercy to whom the court believes is being untruthful and making a false claim or denying a valid claim. Please contact me directly at (619) 222-3504.

Re: No partnership

I assume from your inquiry that you were served with a summons and complaint sometime in February 2001. If that is the case, you must immediately contact an attorney because under California law you only have thirty (30) days to answer a complaint after it is personally served on you. If you do not answer the complaint, your "past boy friend" will be able to obtain a default judgment against you; essentially he will win.

Partnerships may be formed without any written agreements, in which case California law provides the rights and obligations of the partners. In order to determine whether a partnership has been formed, it would be necessary for you to consult with an attorney to review all of the facts of your case.

Please feel free to contact my office at (714) 997-9222 if your would like to arrange for an initial consultation. Our firm would charge a fee of $65.00 for an unlimited consultation. Whatever you do, if you have not already done so, you must immediately contact an attorney and provide that attorney with whatever paperwork you have showing you have been sued, or risk losing your right to defend the lawauit.

Re: No partnership

Procedurally, assuming your comment that your ex-boyfriend is suing you means that he has filed a lawsuit, if you have not secured an extension of time to answer the complaint (a formal written response was due to be filed with the court within 30 days of service) you face a default. Your boyfriend's attorney could enter a Default , which means that you lose, but deafults can be set aside under appropriate circumstances. You will need to act quickly. If you haven't gone to counsel yet, do so immediately.

Now to the substance of your problem: a partnership can be formed by actions or by oral agreement and understandings. There is no requirement of a writing. Absent a written agreement, as you can imagine, the legal issue of whether or not a partnership was formed comes down to a question of proof. Who has the more credible proof? Better line up your documents and witnesses.

If you are located in Northern California, give me a call at (925) 258-5100. I charge my regular hourly rate of $275 for a consultation.

Re: No partnership

1. You definitely need an attorney.

2. Although you say there never was a partnership, there are many forms of business operations. Your ex boyfriend will, no doubt, say whatever is necessary to establish "facts" to support his contention that you were in a partnership together.

It is important that you gather together all necessary documentation and witnesses to support your position.

I would be happy to discuss this matter with you.

J. Caleb Donner

805-494-6557

LEGAL WARRIORS sm

www.donnerlaw.com

email: [email protected]

Re: No partnership

I'm not sure you need a seventh opinion, and I agree with the six prior replies. However, you might find the following helpful:

The California (Revised) Partnership Act of 1994 is found at Corporations Code section 16100, et seq. You can read it at your local law library or many public libraries. In it you will find:

(a) The definition of a partnership, at 16101(7);

(b) Rules for determining whether a partnership is formed, 16202, especially 16202(c).

To quote: "....the association of two or more persons to carry on as coowners a business for profit forms a partnership, whether or not the persons intend to form a partnership."

Also, "In determining whether a partnership is formed, the following rules apply: ...... a person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received for any of the following reasons.....in payment of a debt....in payment of rent.....in payment of interest or other charge on a loan......" etc.

In sum, if you can show that you were not in a profit-sharing arrangement, you can probably show that there was no partnership.

Even if you do some self-study of the statutes as suggested, you must not neglect or delay getting legal representation for any lawsuit served on you. If perchance you have already defaulted, your attorney can probably rectify this, but delay could be costly, even disasterous.

Re: No partnership

Sounds to me like you need a business defense attorney immediatly!! If you are in Southern California you may call me for a free telephone consultation at 818-703-8137 x1, make sure you mention your fact pattern so I remember you. Bottom line is that if there was no written partnership agreement then the Uniform Partnership Act applies. I would need to talk to you more about this case.

Thanks,

Norm

Re: No partnership

I hope you have already conferred with a local business attorney about this problem. Given the story you told, your ex probably won't succeed in his claim against you. But issues concerning partnership matters are very fact-specific. If it is any consolation, consider this from Mark Twain: No Man (nor woman) ever repenteth so much as he (or she) who hath committed a good deed.