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How to get this partnership dissolved in CA

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G

guyh

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What is the name of your state?What is the name of your state?California

Hi, I'm in need of some advice. We have an attorney and I think he's being outgunned.

My wife entered into a partnership with 2 men and got a signed partnership agreement with her a 10% partner contributing cash and credit references and as office mgr. Other partners contributed tools. About a year later they decided they no longer wanted her in the biz (Sept 2002) and expelled her. Claimed questionable bookkeeping with no specifics. We have been trying to get accounting wrapped up and partnership dissolved and have been trying to cajole them into coming to terms, esp. since one of our credit cards was charged up to $6K which they are not fessing up to.

Finally, about 2 months ago decided that we had enough and filed suit with court to dissolve partnership. They countersued claiming misappropriation and equitable estoppel requesting jury trial. My lawyer says they can do that, and that we must go to trial to resolve, at expense of add'l $10K-$20K. We have already spent $7K on fees to this point, and now are faced with a total of nearly $30K with no idea of what settlement might be. Meanwhile all assets of biz renamed to new biz and the two guys are off running.

Question: Is this my only option? Can it be that after 2 years of trying to get these guys to settle up and having them avoid us, acuse her of larceny etc(police dept refused to investigate civil dispute) and other dodges they can now cause us more just to avoid coming to a settlement? The offer on the table is to drop all, both sides, and eat my costs incl. the credit card. So that they get away with kicking her out after she helped them start. Have no idea of value of biz but think there may be some $ otherwise they would not be fighting us. After 2 yrs biz is successful.

Any help would be appreciated.
 


Well...

Unfortuneatly (sp?) we have the best legal system money can buy. What's right, what's legal, and who wins are not always the same thing. It sure sounds like your only options are to either walk away, or spend more money. You might discuss your case with another attorney...if you can find one to take it on contingency, he'll probably work a little harder for you.
 

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