Legal Question in Business Law in California

Re: Removal of Partner

Yes, you can remove a partner for various reasons; the length of time you have to buy them out will vary based on numerous factors.

You can do this either through whatever your partnership agreement states (assuming you have one), through a new agreement you make now, or through the courts and attorneys by pursuing litigation. Since your partner won't meet with you to discuss buy-out terms, you might consider moving towards a more aggressive step. Good luck.

Re: Removal of Partner

You've asked one of those unsatisfying questions where you get a "lawyerly" answer of "it depends". As an initial matter, you don't indicate whether there is a written partnership agreement. If there is, it almost certainly addresses this issue at least in part. The court can also dissolve a partnership based on the petition of one or more of the partners. In either case, there will be a process of winding up where the business of the partnership is brought to a conclusion and creditors are paid. Only after these matters are concluded can disbursements be made to partners for their capital accounts. If there is any disagreement as to amounts, there may be an accounting required, but the final disbursement should be prompt. If not, a court petition may again be appropriate. As for the reference to "hearsay" in your question, removal of a partner should not be based on hearsay, but how easy it really is to remove a partner varies greatly depending on how the entity was set up at the beginning. Some partnerships allow involuntary dissolution without requiring any allegations of wrongdoing, sort of like a no-fault divorce. On the other end of the range, some are very stringent in removal criteria and process. Without knowing more about your particular situation, I can only offer these generalized comments. For a more relevant discussion of your partnership and what you can do to protect your interests, please call my office.

Re: Removal of Partner

Yes, partners can be removed for cause; as long as the actions are in compliance with the rules of the Partnership Agreement and other documents and the laws. You do have a detailed written Partnership Agreement, right?? All detailed questions and issues will be resolved either by an agreement among the parties in compliance with the procedures established in the Partnership Agreement, or through expensive litigation over the dispute. Take your pick.