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I have a partner in an income property. I have found out there…

I have a partner in...
I have a partner in an income property. I have found out there has been significant withdrawals from the bank account without my knowledge. Is this something that could be reported as a crime, or should I file a lawsuit ?
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Answered in 5 minutes by:
11/8/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,160
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am sorry for your situation. Can you please clarify as to what you mean by "partner?" As in someone you live in, or a business partner, etc? And is this a LP, LLC, S/C-Corp, etc?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 4 years ago

This is an income property ( apartment building ) I was partner with my brother and his wife. My brother managed the property and charged me a fee for his service. in 2012 my brother past away and his wife took over, as she still charged 6% fee. I have found out through the bank statements that she has been taking money out of the accounts without my knowledge . Is this punishable as a crime?

Thank you for that clarification, M.

You have not told me what kind of corporation (if any) this is like I requested in my information request but that is okay, as you have told me enough to render an answer.

Is this punishable as a crime?
POSSIBLY. Under Ca. Penal Code Sec 503, "Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted." She may be charged with embezzlement. One would have to file a criminal complaint, and then it would be up to the prosecutor to decide whether or not to pursue this.

In addition, this may be enough for a civil action. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, this may be enough for: FRAUD, BREACH OF FIDUCIARY DUTY, and UNJUST ENRICHMENT. Punitive damages may also be asserted as well.

The civil matter may be pursued instead of the criminal matter, or, at the same time.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,160
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 4 years ago

If I do not understand a question in special interrogatories . How do I answer it ?

Hello M,

The answer may simply be something akin to:

"Defendant objects to this Interrogatory as vague, confusing, incapable of ascertainment, and unable to be answered."

Then, it is up to the other side to rephrase it, or, to "compel" an answer in court via motion, in which case the Court may order them to clarify it.
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Ely
Ely
Ely, Counselor at Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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