It does not take much to create a partnership under
California's Uniform Partnership Act of 1994, which defines a
partnership as "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". Cal.
Corp. Code § 16202(a). A partnership agreement, moreover, may
be written, oral or even implied. Cal. Corp. Code § 16101.
"April is the cruellest
month . . ."
In Ecohub, LLC v. Nortech Waste
LLC, 2023 WL 3852700 (N.D. Cal. June 6, 2023), the plaintiff
and the defendant jointly pitched a proposal to manage and operate
a waste facility. If successful, the defendant would be paid $10
per ton of waste collected and the plaintiff would be entitled to
the remaining profits from operating the facility. Needless to say,
the pitch did not go well and the plaintiff sued for breach of
fiduciary duty. In order to establish a fiduciary duty, the
plaintiff alleged that the arrangement