Legal Question in Business Law in California

Re: Partnership split

Unless there is some justification for her actions that you haven't mentioned, what your partner has done is very improper and subjects her to liability to you in a civil lawsuit for numerous civil counts, including breach of a partner's fiduciary duties, conversion of the partnership assets, breach of contract, and probably much more.

It is possible that you can get a pre-judgment lien on the partnership assets or your partner's personal assets immediately (well, soon) after filing a lawsuit against her. Remember, however, that it may be unnecessary since to the extent the property in question belongs to the partnership, and you are a partner, you already have an interest in the property.

You might want to download, or find in a library, the California Revised Uniform Partnership Act, a part of the Corporations Code, and read the provisions covering partner duties to other partners and to the partnership, wrongful dissociation, and partners' rights upon termination of a partnership when the business is continued by a partner after dissolution of the partnership.

When reading partnership law, keep in mind that all the following terms have different meanings:

withdraw, dissociate, discontinue, dissolve, wind up, and terminate (and their noun forms as well).

Re: Partnership split

Your primary difficulty is in proof of the terms of the agreement, but you should have some paperwork or witnesses to back you up. You either settle it with the help of a lawyer and threat of lawsuit, or you sue. You have already gotten the message she isn't going to do the right thing without pressure. Once a suit is filed, you might be able to obtain a temporary restraining order preventing her from disposing of any business assets. Contact me if interested in doing this right.

Re: Partnership split

You need to file suit. Simple as that.

Re: Partnership split

A lawsuit should be filed on your behalf for dissolution of the partnership as well as an accounting. You would be entitled to your share of the value of the equipment. Please call me if you have any other questions.