Does a general partner have authority to conduct litigation on behalf of the partnership?

California, United States of America


The following excerpt is from Tsakos Shipping & Trading, S.A. v. Juniper Garden Town Homes, Ltd., 12 Cal.App.4th 74, 15 Cal.Rptr.2d 585 (Cal. App. 1993):

After dissolution, a general partner has authority to conduct litigation on behalf of the partnership concerning partnership business, and to employ counsel on its behalf, at least as to matters arising before the dissolution. ( 15033; King v. Stoddard, supra, 28 Cal.App.3d at p. 711, 104 Cal.Rptr. 903.) Here, however, Chabafy executed the guaranty agreement after dissolution of the partnership.

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