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Business partnership gone bad, do I need to "serve" a civil demand letter?

Sacramento, CA |

Will mailing it be sufficient or does this need to be 'served'?

Attorney Answers 3


  1. It'a not clear what type of partnership dispute you have. Generally speaking, under California law, partners cannot sue each other for money damages. Rather, the remedy is to dissolve and wind up the partnership.

    If there is a written partnership agreement, then it controls with respect to notices to other partners.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. Letters are not served, complaints would be served. You can give notice by mail or by certified mail. It depends on whether you have a partnership agreement which instructs the parties on how to give notice. I suggest you consult with a business law attorney as there are different remedies depending on whether there is a partnership agreement, you are a Limited Liability Company, a Corporation and whether you each own an equal share in the business or stock.

    Barron Law Corporation Sacramento & San Francisco. 916-486-1712 or 800-529-5908. Email Deborah at: deborah.barron@lawbarron.com No attorney client relationship is created by this answer.


  3. you need to provide some context about your situation and what is going on. What is going on? I would advise talking with a litigation attorney experienced in business issues. I am available for a consultation.

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