Legal Question in Business Law in California
Hi, my sister and I started a small business in Lodi around 7 years ago. The lease of the store is under her name, but the entity of the business is under my name. She contributed 1 year and small amount of money for the business and she left later. Now, she asked me for $60000 a lump sum amount and $1000 every month to compensate her portion and the risk of breaking the lease of the business. My question is does she have any entity of this business and can she have the rights for this amount of money?
3 Answers from Attorneys
Answering this question accurately would require a rather careful review of the facts and circumstances surrounding the creation and start-up of the business, including but not limited to the reasons why you (seemingly) own the business entity and she is the lessee of the business premises. This could be a shakedown, or could be an entirely legitimate demand, but most likely is somewhere in between. It would also be interesting to know who pays the rent, whether it is current, and what the landlord's understanding is as to who is the tenant, although I think the fundamental issue here may turn out to be what your original deal with your sister was at the time the business arrangement was put together. Perhaps there is a partnership under the law -- a situation that can come about without any paperwork, even unintentionally, if the business co-founders behave like partners. I think you're going to need a business lawyer.
I've noticed this morning that a great deal of people are posting the number "zero" as the relevant zip code. That information allows attorneys on Lawguru to identify potential conflicts, and advise people when they need to seek the advice of an attorney in another state. At this point, I will not answer any questions where people do not identify their zip codes, and I ask that other attorneys on Lawguru do the same.
I agree with Mr. Whipple that without a full review of the details it is not possible to give a conclusive answer. It is fairly certain, however, that the law would consider you to have formed a partnership. That by itself does not entitle her to anything specific in terms of ownership share or money, but it does give her the right to dissolve the partnership and get cashed out, or to negotiate a buy-out by you. How much she might be entitled to is completely impossible to tell without reviewing all the details and history of the situation.
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