Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question.
In order to remove the person from the partnership, you will likely have to sue for dissolution of the partnership, and also for breach of fiduciary duty to you and to the partnership for his/her failure to perform as required.
If you have a written partnership agreement, you need to review it and see what it says about removing a partner and any instructions for dissolution. Under California law, the partner is entitled to be bought out for the fair market share of their partnership interest at the time of expulsion/dissolution.
Thus, if your partner will not voluntarily bow out and turn his/her interest over to you, or if you can't negotiate a buyout, then only thing you can do is sue and force the dissolution and buy th partner out.
Please let me know if you have any additional questions. Thanks.
You need to file your lawsuit to dissolve the partnership and for breach of fiduciary duty first.
In order to get the partner to be immediately removed, you would have to file a motion for a temporary injunction in your lawsuit to stop any additional payments to this person and also for an order for him to stay off of the premises until a final hearing on the matter. You would have to be able to prove that harm will occur to the business unless the injunction is granted.
That's about as fast as you could get something done. How fast this will actually happen depends on how quickly you can get to a local attorney and get your lawsuit filed.
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