Kamrany

I. INTRODUCTION

Plaintiff, Nake M. Kamrany, appeals from the judgment and order granting summary judgment. Plaintiff’s first amended complaint alleges he was entitled to 49 percent of the profits from being in a partnership. Plaintiff’s partner was the late Ishaq Shahryar. Defendant, Hafizah Shahryar, is Mr. Shahryar’s surviving spouse. She moved for summary judgment against plaintiff based on her affirmative defense of laches. The trial court granted summary judgment finding plaintiff had unreasonably delayed in enforcing his rights and thereby prejudiced defendant. We find defendant has failed to meet her burden of persuasion that laches applied to bar all of plaintiff’s claims. We reverse the summary judgment.

II. BACKGROUND

A. The August 24, 2010 First Amended Complaint

We previously discussed plaintiff’s allegations in his amended complaint in detail in Kamrany v. Shahryar (Feb. 7, 2012, B233270) [nonpub. opn.]. In summary, plaintiff and Mr. Shahryar allegedly entered into an oral partnership agreement on June 15, 1971. The partnership was for the purpose of forming a solar energy business. The terms of the partnership agreement were: Mr. Shahryar would manage and run the…