(a)Except as otherwise provided in subdivision (b), the association of two or more persons to carry on as coowners a business for profit forms a partnership, whether or not the persons intend to form a partnership.
(b)An association formed under a statute other than this chapter, a predecessor statute, or a comparable statute of another jurisdiction is not a partnership under this chapter.
(c)In determining whether a partnership is formed, the following rules apply:
(1)Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not by itself establish a partnership, even if the coowners share profits made by the use of the property.
(2)The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.
(3)A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received for any of the following reasons:
(A)In payment of a debt by installments or otherwise.
(B)In payment for services as an independent contractor or of wages or other compensation to an employee.
(C)In payment of rent.
(D)In payment of an annuity or other retirement benefit to a beneficiary, representative, or designee of a deceased or retired partner.
(E)In payment of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds, or increase in value derived from the collateral.
(F)In payment for the sale of the goodwill of a business or other property by installments or otherwise.
Notes of Decisions
Persson v. Smart Inventions, Inc., 2005 Cal. Daily Op. Serv. 571 (Cal. Ct. App. 2005).
· cites it 2× “A partnership is defined by statute, as it was at common law, as an association of two or more persons to carry on as co-owners a business for profit (Corp. Code, § 16202, subd. (a)), and it is well settled that the existence of a partnership is a question of fact.”
Chambers v. Kay, 56 P.3d 645 (Cal. 2002).
· cites it 2× “) 3 Corporations Code section 16202, in turn, provides that in determining whether a partnership is formed, the following rule, among others, applies: “A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were…”
Second Measure, Inc. v. Kim, 143 F. Supp. 3d 961 (N.D. Cal. 2015).
· cites it 5× “at 10 (citing Cal. Corp. Code § 16202 (c)). Second Measure further argues that the sharing of business profits is the only indicium of the existence of a partnership that leads to a presumption of the partnership’s existence, so the pleading’s omission of any allegations…”
Eng v. Brown, 230 Cal. Rptr. 3d 771 (Cal. Ct. App. 5th 2018).
“" ( Corp. Code, § 16202, subd. (a).) With certain exceptions, "[a] person who receives a share of the profits of a business is presumed to be a partner in the business.”
The Fifth Day, LLC v. Bolotin, 172 Cal. App. 4th 939 (Cal. Ct. App. 2009).
· cites it 2× “(9) [partnership is "an association of two or more persons to carry on as coowners [of] a business for profit"]; Corp. Code, § 16202, subd. (a); Rev. & Tax.”
Geraci v. Geraci, 144 Cal. App. 4th 1278 (Cal. Ct. App. 2006).
“” 20 Corporations Code section 16202 discusses the formation of a partnership.”
In Re Lona, 393 B.R. 1 (Bankr. N.D. Cal. 2008).
· cites it 2× “Under the UPA, liability for the debts of a partnership may be premised on an actual partnership pursuant to California Corporations Code § 16202, or partnership by estoppel pursuant to California Corporations Code § 16308(a).”
In Re Flamingo 55, Inc., 378 B.R. 893 (Bankr. D. Nev. 2007).
“See Cal. Corp.Code § 16202(a) (“the association of two or more persons to carry on as coown-ers a business for profit forms a partnership, whether or not the persons intend to form a partnership.”
T'Bear v. Forman, 359 F. Supp. 3d 882 (N.D. Cal. 2019).
“Under California law, a partnership is defined as "the association of two or more persons to carry on as co-owners a business for profit.”
Fredianelli v. Jenkins, 931 F. Supp. 2d 1001 (N.D. Cal. 2013).
· cites it 2× “” Cal. Corp. Code § 16202 (a). Whether a partnership exists depends primarily on the intention of the parties, determined from the terms of the parties’ agreement or from the surrounding circumstances.”
Love v. the Mail on Sunday, 489 F. Supp. 2d 1100 (C.D. Cal. 2007).
· cites it 2× “Cal. Corp.Code § 16202(c). Here, Plaintiff simply does not demonstrate that he and Defendant were “carrying] on as coown-ers a business for profit.”
Lindsey v. Starwood Hotels & Resorts Worldwide Inc., 409 F. App'x 77 (9th Cir. 2010).
“See Cal. Corp.Code § 16202(a). Panache’s members adopted bylaws, divided job responsibilities, exercised joint control of the business through a board of directors, and made common financial contributions to the enterprise.”
— Cal. Corporations Code § 16202(a) — 3 cases
In Re Flamingo 55, Inc., 378 B.R. 893 (Bankr. D. Nev. 2007).
“See Cal. Corp.Code § 16202(a) (“the association of two or more persons to carry on as coown-ers a business for profit forms a partnership, whether or not the persons intend to form a partnership.”
Lindsey v. Starwood Hotels & Resorts Worldwide Inc., 409 F. App'x 77 (9th Cir. 2010).
“See Cal. Corp.Code § 16202(a). Panache’s members adopted bylaws, divided job responsibilities, exercised joint control of the business through a board of directors, and made common financial contributions to the enterprise.”
— Cal. Corporations Code § 16202(c) — 1 case
Love v. the Mail on Sunday, 489 F. Supp. 2d 1100 (C.D. Cal. 2007).
“Cal. Corp.Code § 16202(c). Here, Plaintiff simply does not demonstrate that he and Defendant were “carrying] on as coown-ers a business for profit.”
— Cal. Corporations Code § 16202(c)(1) — 2 cases
Love v. the Mail on Sunday, 489 F. Supp. 2d 1100 (C.D. Cal. 2007).
“Cal. Corp.Code § 16202(c). Here, Plaintiff simply does not demonstrate that he and Defendant were “carrying] on as coown-ers a business for profit.”
— Cal. Corporations Code § 16202(c)(2) — 1 case
— Cal. Corporations Code § 16202(c)(3) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.