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LLC contract & accounting - okay for SCC?

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hs0zfe

Junior Member
CA. As a partner in a development LLC, a problem has arisen. A builder is the managing partner and I am just supplying the lots and funding. Well, 2 projects closed and for months now, I am getting neither an accounting nor my money for the lots and my 40% share of the profits. ** Our last 2 remainign projects are fully funded, so what is he doing with >$ 70,000 surplus funds? He won't leave them in the LLC's checking account at 0.0% interest while we pay almost 10% on construction loans. Neither has he used the funds on the construction loans because it makes no sense to hide that. ** I know his own projects have funding problems and he simply sent me an outrageous letter declaring that he would do the accounting when the last projects sell. But that means that he will keep using my funds for MONTHS which is not acceptable!
Ideally, I would like to sue in SCC for the records (bank statements and the accounting) but am not sure whether I can. for starters, I am working in Scotland and would have to send a paralegal or friend to represent me. Or should I first send a CPA to him and if the CPA gets denied access, sue? Thank you!
 


dcatz

Senior Member
No, not ok for Small Claims Court.

To begin with, SC courts in CA have a $5,000 jurisdictional maximum, and it appears that your dispute involves much more than that.

Equally important, the nature of the remedy that you want - an accounting - is not the type of thing handled in SC courts. Ideally, they try not to stray beyond ordering money judgments - your case is heard, a ruling is made and you're gone. An Accounting presumes an Order of a type which the Court can't issue and presumes that jurisdiction is retained to ensure that the Order is carried out.

It's the wrong forum for you.

Additionally, is there any chance that your corporate by-laws provide for another method of internal dispute resolution - eg. arbitration? (Just a thought, because it would not be uncommon.)
 
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