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I own 2 assisted living facilities with a partner. .. she owns

49 percent I own 51...
I own 2 assisted living facilities with a partner. .. she owns 49 percent I own 51 percent. ... she has leased a house without my knowledge and is doing the same business in that home that we do in the businesses we own together. .. she had also without my knowledge taken a resident from us for her own in the home she is leasing taking 5000.00 a month income from the company we own together and taking it for herself which is putting the company co we own together in financial hardship what can I do to stop this
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Answered in 5 minutes by:
9/29/2013
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
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William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

Your partner has breached their fiduciary duty to you by taking an asset to the partnership for personal use.

William B. Esq. :

Similarly setting up a business in direct competition to the partnership constitutes a breach of fiduciary duty.

William B. Esq. :

By entering into a partnership each of you owes the other a duty of good faith and fair dealing of the highest order, and taking business from the partnership constitutes a breach. To enforce your rights you can file a lawsuit against your partner to reclaim this business loss. You can also get a court judgment for injunctive relief regarding the competing care home.

William B. Esq. :

If you wish to try resolutions short of litigation you can attempt mediation or arbitration (in my experience trial is equally effective to arbitration).

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to the "Q&A" format to ensure you can review the entire response and that I can follow up to any questions you may have quickly. I do wish you the best of luck in this matter.

CalAttorney2
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