How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118247
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

i am a potential plaintiff in a small claims case. It is a

This answer was rated:

i am a potential plaintiff in a small claims case. It is a breach of contract in a partnership agreement with my accountant. I gave the defendant 7,000 8 years ago which the contract states is 7% of the business. He has been giving me around 2,000 per year since but i am not sure how much. last year he didn't show up for our tax appointment where he was to give me that year's dividend check. i want not only the 2,000 but to dissolve the partnership and obtain 7% of the business (which hopefully is at least 7,000. California has a 7500 maximum. . have the contract. i have some of the copies of cancelled checks over the years. .Can i prevail on this partnership dissolution case in California small claims court?
Small claims court is not really the best place for this since all they can do is award monetary damages, but do not have the power to order dissolution of the partnership. If you want to dissolve the partnership, then you need to file a motion to move the case to the superior court.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Customer: replied 8 years ago.
i realize that superior court is the better venue for this but IS IT POSSIBLE to go to small claims and prevail given the low amount of the potential win (probably 7,000 max) and the fact that (as i provided in the bonus info) i don't have the money for a 3,000 to 20,000 retainer?

Would a small claims judge look at subpeonaed tax (profit and loss) records and make a MONETARY JUDGEMENT that essentially dissolves the partnership and award me a monetary judgement of 7% of the business?

No, small claims would not order a dissolution and payment to you. If you want dissolution, you need to go to superior court.
Customer: replied 8 years ago.
Thank You. i promise to hit accept next response. Two last questions:

1) is it possible to find a lawyer who will take the case on for a nominal fee? It is a 7 page contract. Very simple (is there such a thing?) and small amount of money?

2) should i just demand for the annual dividend of the $ 2000 which he verbally and contractually (7% of the profit) agreed to pay me. Demand that in small claims court rather than a contract dissolution?
As far as finding an attorney, this site cannot recommend names of attorneys but the best place to find one is the same site attorneys use:

You can not demand enforcement of the contract, you can only demand payment for the breach. Thus, they cannot order future payments, just the payment he has not made.

Of course, since you have spoken to other attorneys, I am sure this is not new news to you.
Law Educator, Esq. and 2 other Business Law Specialists are ready to help you
Customer: replied 8 years ago.
"you can only demand payment for the breach" is news to me. i have never asked anyone that question. I assume that you meant in small claims court. so i could demand payment for that breach of $2000 in small claims court. Thank You for your counsel.
You are welcome. Small claims court only has authority to give out money for things that have already happened. It has no authority to order someone to do something (such as dissolve a company) and pay the other party for the dissolution, that is something that would have to be controlled by the superior courts.