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socrateaser
socrateaser, Lawyer
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Experience:  Retired (mostly)
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Where can I find Arizona case law/references regarding Plaintiff

Customer Question

Where can I find Arizona case law/references regarding Plaintiff seeking declaratory relief confirming 50 /50 ownership in a corporation whereas the Defendent / CEO failed to issue stock?
1. Have executed pre incorporation Agreement.
2. Written confirmation by Defendent of 50 / 50 ownership to Colorado Court
3. Signed declaration of "Equal Partner / Stakeholder" to ACC
4. 5 year work contribution w/out salary
Defendant now claiming to be sole owner...
Submitted: 8 months ago.
Category: Legal
Expert:  Maverick replied 8 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 8 months ago.
I am not finding any case on point through the free legal databases. If there is such a case out there you may be able to locate it using Westlaw or Lexis-Nexis. The second one appears to offer a pay by search option. That said, I am not sure that finding a case on point will really help you here. Irrespective of your finding such a case, you will still need to file a declaratory judgment action to get a court order establishing 50% ownership. HERE ARE THE LAWS THAT APPLY: Article 2Uniform Declaratory Judgments Act12-1831Scope12-1832Power to construe, etc.12-1833Before breach12-1834Personal representatives, etc.; declaration of rights12-1835Enumeration not exclusive12-1836Discretionary12-1837Review12-1838Supplemental relief12-1839Jury trial12-1840Costs12-1841Parties; notice of claim of unconstitutionality12-1842Construction12-1843Words construed12-1844Provisions severable12-1845Uniformity of interpretation12-1846Short title MORE TO COME....
Expert:  Maverick replied 8 months ago.
HERE IS A SAMPLE COMPLAINT YOU CAN USE AS A GO-BY. You would allege the facts and testify at time of the hearing as to what was supposed to happen in regard to stock issuance. 1. What is the reason that the defendant did not issue stock?2. What is the reason defendant is claiming sole ownership?
Expert:  Maverick replied 8 months ago.
I did find this case out of NY that supports what you are trying to do. You may also need to add a breach of contract claim against the defendant and the corporate entity both.
Customer: replied 8 months ago.
I find it hard t believe there are not many declaratory judgements (in Arizona) deciding equitable relief in a partnership / Equity matters.
Expert:  Maverick replied 8 months ago.
Good luck to you my friend....
Expert:  socrateaser replied 8 months ago.
Hello, Different contributor here. I have access to Thomson Reuters Westlaw(r), which is the same legal research system used by every state and federal court of appeals, supreme court and every major U.S. law school. Please permit me to assist. The Arizona case that most closely relates to your question is: Turley v. Ethington, 213 Ariz. 640, 146 P.3d 1282 (2006).Although Turley centers on statute of limitations issues and real estate, it thoroughly discusses numerous causes of actions relating to the enforcement of a partnership agreement -- much of which is based upon equitable principles. However, the case does not directly discuss declaratory relief, as where a partnership agreement exists, the court won't declare its existence. Rather, the court will merely enforce the agreement that is found. It is worth noting that Arizona does not actually provide a great deal of case law on partnership litigation -- due to Arizona's small population, it also has fewer attorney's per capita, and thus much less litigation then more populous states. In fact, when I search on the keywords "declaratory" and "partnership", only about 10 cases are reported, and they generally discuss circumstances that do not appear to be particularly illuminating. Whereas the Turley case provides a great deal of insight (in my opinion). Also, I do legal research for a living, so if I can't find someting -- it doesn't exist. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 8 months ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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