Tan
Tan v. Chan CA6
Opinion
Opinion
Lie, J.
I. BACKGROUND
A. The Pleadings In his operative first amended complaint, Tan alleged as follows. Tan, Chan, and their sister Wai Lee Wong formed CTW in 1980, their respective interests set at 43.1 percent each for Tan and Chan and 13.8 percent for Wong. Wong withdrew in 1988, assigning her interest to Chan. CTW’s business is to invest in real property. It currently owns a single residential rental property, which it purchased in 1988 after Wong’s withdrawal. Chan has for decades managed the property and CTW’s finances.
2 Tan now distrusts Chan. Since 2014 Tan has pushed to dissolve the partnership, but Chan has refused because Chan wants to operate CTW until both partners die to save on taxes. In March 2019, Tan formally requested a statement of CTW’s capital accounts for each partner and all the partnership’s financial and accounting records, back to the 1980’s. In his third cause of action for accounting, Tan alleged, “[d]efendants have refused demand for financial information pursuant to [section ]16403.” As to that cause of action, Tan prayed for “all of the books and records requested which [d]efendants have failed to provide.” In July 2019, Tan notified Chan that Tan…