Legal Question in Business Law in California

use of the word DEFEND in a partneship dissolution agreement

Our dissolution agreement states tha that my ex partner ..hereby assumes and agrees to pay and to defend, indemnify and hold me harmless from all debts including the one owning to our contractor. She died 6 mo later and I assumed that her estate would abide. I was just sued by the contractor, he didn't go to her estate for the money. It has cost my over $3000. to DEFEND myself. My attorney is vague if this is a defense to get his fees returned to me. Can I go to SMall Claims Court and sue the estate of my Ex business partner for the attorney fees I paid to defend me? Everyone else is settling on this matter and I hear it will soon be resolved....with me 3K poorer!


Asked on 4/27/01, 9:05 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: use of the word DEFEND in a partneship dissolution agreement

You can sue an estate in small claims, but the procedures are technical and also present tight time limits. You may be too late already. If your attorney can't assist you, get another or obtain and read a small-claims self-help book on the subject of suits against estates.

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Answered on 6/18/01, 12:40 pm


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