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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a partner in an income property. I have found out there

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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 ?
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.
Customer: replied 3 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.

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Customer: replied 3 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.