Can I sue my partner for Breach of Contract? 2 Answers as of August 28, 2013

Partner sold CA commercial property and bought Las Vegas Shopping Center. Partner resides in California. I reside in Las Vegas. One of the tenants/owner of a $1.2M on my partner's shopping center defaults on lease and partner opts to evict him. Prior to tenant eviction, partner asks me to be 50/50 partners to turnkey the car wash. Partner's partnership proposal was he would seed the capital for operational costs until established and successful operating on business revenue and profitable. My role as partner would be to turnkey, manage/operate. Partner decides to sue previous tenant/car wash owner for unpaid rent, etc. Partner said due to his suit, he could not be on contract with me because it would conflict with the suit. Partner forms LLC for shopping center and pays for LLC/DBA for the car wash that only was in my name. Partner said once suit ended, we would formulate the contract stating partnership and terms. This is August 2008. The suit drags for almost a year, and partner abruptly drops suit. Partner tells me he now is suing the brokerage company that represented him in the sale of his CA property and the purchase of the Las Vegas property. Partner during each suit, was not fulfilling his fiduciary duties. Using each suit as an excuse thus tortuous interference. Within the period of each suit, we had offers for the car wash. Partner declined to sale stating it was more lucrative for us to keep car wash and build adjacent 24hr convenience, store with slot machines and fast food but to be patient, as his suit would be settled soon. Then on January 2012 partner tells me to hire architect to design the convenience store that would be the expansion of the car wash. Blue prints and city permitting got completed. Partner stalls, says settlement in case is close. Then on August 28, 2012, a court appointed receiver walks into the car wash and tells me my partner is losing the shopping center due to foreclosure and I have to cease the car wash operations.

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Oscar E. Toscano | Oscar E. Toscano
This is not criminal defense. It is a complicated breach of contract case. Where was the agreement to enter into the partnership made? In California or in Las Vegas? If the contract was entered in California, then I can help you to file in California. If the contract for the partnership was done in Las Vegas, then you need to sue in Las Vegas. What other assets does partner have for you to be able to collect on once you prevail in the case? Do you have any written documents, or emails or texts confirming the partnership? What are the losses and damages you have? Litigation is expensive and you need to make sure there is something for you to collect to make it worth your while. O
Answer Applies to: California
Replied: 8/28/2013
Janke Legal Consulting | Bruce C. Janke
Why is this posted in Foreclosure Defense?
Answer Applies to: California
Replied: 8/28/2013
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