(a)A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.
(b)A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to do any of the following:
(1)Enforce the partner’s rights under the partnership agreement.
(2)Enforce the partner’s rights under this chapter, including all of the following:
(A)The partner’s rights under Section 16401, 16403, or 16404.
(B)The partner’s right on dissociation to have the partner’s interest in the partnership purchased pursuant to Section 16701 or 16701.5, or to enforce any other right under Article 6 (commencing with Section 16601) or 7 (commencing with Section 16701).
(C)The partner’s right to compel a dissolution and winding up of the partnership business under Section 16801 or enforce any other right under Article 8 (commencing with Section 16801).
(3)Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.
(c)The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.
Notes of Decisions
United States v. Park Place Assocs., Ltd., 563 F.3d 907 (9th Cir. 2009).
· cites it 2× “” We think there is a simple response to this, however, as this provision is inapplicable where recovery is sought by a partner.”
Schnabel v. Lui, 302 F.3d 1023 (9th Cir. 2002).
· cites it 2× “Having established that an action is available against and among individual partners, we note that Defendants have not addressed how the partnership factually meets the standard under Rule 19 as a person “to be joined if feasible.”
Second Measure, Inc. v. Kim, 143 F. Supp. 3d 961 (N.D. Cal. 2015).
“Second Measure’s Remaining Arguments Second Measure’s remaining arguments fail with respect to Counterclaims 2 and 4 for the same reasons as Counterclaims 1 and 3.”
Precision Dev. v. Plyam, No. B236085 (Cal. Ct. App. Oct. 29, 2013).
· cites it 2× “19 Corporations Code section 16405, subdivision (b) provides: “A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to do any of the following: [¶] .”
Shane v. Rumiano, No. C087267 (Cal. Ct. App. Nov. 15, 2021).
“” (Corp. Code, § 16405, subd. (b)(1).) F. Keith’s and Kraig’s Right to Counsel in the Contempt Proceedings Keith and Kraig’s next argument concerns the court’s ruling finding them in contempt of court.”
Vahora v. Valley Diagnostics Lab'y Inc., No. 1:16-cv-01624 (E.D. Cal. Nov. 13, 2019).
“) As the Court stated on the record regarding Defendants’ Rule 50(a) motion, under California 9 10 law, a partner may sue another partner to enforce his rights under the partnership agreement 11 pursuant to California Corporations Code § 16405(b), without establishing an…”
Ghilezan v. Huber, No. D084588 (Cal. Ct. App. Dec. 19, 2025).
“(Corp. Code, §§ 16405, subd. (b)(2)(B), 16701.”
Cal. Corporations Code § 16405(b): 4 cases
Schnabel v. Lui, 302 F.3d 1023 (9th Cir. 2002).
“Having established that an action is available against and among individual partners, we note that Defendants have not addressed how the partnership factually meets the standard under Rule 19 as a person “to be joined if feasible.”
Vahora v. Valley Diagnostics Lab'y Inc., No. 1:16-cv-01624 (E.D. Cal. Nov. 13, 2019).
“) As the Court stated on the record regarding Defendants’ Rule 50(a) motion, under California 9 10 law, a partner may sue another partner to enforce his rights under the partnership agreement 11 pursuant to California Corporations Code § 16405(b), without establishing an…”
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