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Richard
Richard, Attorney
Category: Business Law
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Experience:  32 years of experience practicing law and a businessman.
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Good day, I ended a Calilfornia business partnership of

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Good day,

I ended a Calilfornia business partnership of just under 2 years (printing a monthly periodical) with a dissolution agreements whereby I would "buy out" the other partner for a $1000 month (to a defined amount that included $6000 in buyout and the balance in repaih health premiums that had been listed as owner draws - we had a 50/50 arrangement with my draws more like 75/25) with several provisions. These included "that both parties would not infringe upon the business practices of the other". The former partner has a separate publication. All items that were related to my business operations were spelled out including tangible items as well as database leads, sales information etc.

Since that time she as systematically attempted to impact my business negatively. With witnesses, she has told them (staff/clients/business solicitations) her intent to put me out of business which she has down by taking my publication and directing her sales staff to directly solicit the accounts away from me. She has responded to client email with misinformation about the nature of my business in an attempts to make her business seem more favorable, and misstated the manner by which she markets her areas. While still in partnership elicited one of my staff (then a joint staff) who refused to waived her right for health coverage, by forging said staff members signature on the health release and faxing to her insurance agent. She has informed a client looking for me that I was unaavailable because I have moved states (which is true - although I conduct business in person several times monthly in California and I am always reachable, a fact she knew having been given contact information. The intent was to deter the potential advertiser from advertising with my publication. For these incidents cited there are credible witnesses including an email that I received from her through her own mistake in addressing that illustrated the misinformation. She is also still in possession of software that was purchased by my company that should be rightfully assigned to my company. While jointly partnered former partner worked on obtaining a client for both publications (stated in her email) and yet upon dissolution of partnership retained that information for herself resulting in her publication having multiple sales momths of advertsiing from a client that should have been a joint advertiser. It took me an added half year to secure my own advertising from the same client, many of whom have been given an inaccurate impression of my company operations.
She violated our dissolution agreement in the handling and ending of all banking and financial matters which had been dated for the last day of 2009; she managed to drag these through to March 2010 despite my continual objections and refused to close bank accounts until that time.

My question is whether I have grounds to claim breach of contract, terminate further payments while still keeping the publication under my ownership? We are 7 months into the post dissolution and she had received $4000 thus far.

Thanks.
Submitted: 6 years ago.
Category: Business Law
Expert:  Richard replied 6 years ago.

Good afternoon. Yes, you do have excellent grounds to claim that she breached the contract and you can file a claim not only to terminate any further payments, but also for additional damages she has caused you. You can also pursue a defamation claim, which includes both slander and libel. You can do all this and still retain ownership and continue to publish.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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