Intra-Partner Dispute Not Covered By The Statute.
In SCSA Group, Inc. v. Worden, Case No. G058859 (4th Dist., Div. 3 June 28, 2021) (unpublished), one partner prevailing in an intra-partner dispute about the existence of a partnership sought attorney’s fees from the losing partner under Corporations Code section 16041(c). The trial judge denied the fee request because only the partnership pays, with the partnership not being a party to the particular dispute at issue. The 4/3 DCA affirmed, determining section 16041(c) does not apply to this type of intra-partner dispute and finding an unpublished Ninth Circuit decision factually distinguishable as well as unpersuasive. Justice Goethals authored the 3-0 decision.