Legal Opinion
Navarro v. Perron
California Court of Appeal
Decided September 23, 2004No. B170198PublishedCited by 10 opinions
1Opinion of the Court
Opinion
GILBERT, P. J.
A partner wrongfully repudiates the partnership agreement. Does the aggrieved partner have a remedy other than damages? Yes. Here we hold the aggrieved partner is not required to accept an award of damages, but may elect to have the partnership dissolved by sale of the partnership assets and distribution of the proceeds. (Corp. Code, §§ 16402, 16801, subd. (5), 16807, subd. (a).) We reverse with instructions to dissolve the partnership by sale of its assets.
FACTS
This appeal after a court trial is on the clerk’s transcript only. It involves the disputed ownership of a…
2Cases cited4 opinions
- Gherman v. ColburnCalifornia Court of Appeal · 1977
- Horowitz v. NobleCalifornia Court of Appeal · 1978
- Kimble v. Board of EducationCalifornia Court of Appeal · 1987
- Wallace v. SinclairCalifornia Court of Appeal · 1952
3Cited by10 opinions
- Kirksey v. GrohmannSouth Dakota Supreme Court · 2008
- MOGHADDAM v. BoneCalifornia Court of Appeal · 2006
- Eng v. Brown, California Court of Appeal, 5th District2018
- Second Measure, Inc. v. KimDistrict Court, N.D. California · 2015
- Conservatorship of Baylacq CA1/5California Court of Appeal · 2014
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