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  1. #1
    Join Date
    Mar 2019

    Default Can You Sue a Parent for Breach of an Agreement to Give You the Family Business

    My question involves labor and employment law for the state of: CALIFORNIA

    I am curious about suing my parent. Specifically for continually asking/telling me to move from North Carolina to California in order to take over the family business as she wanted to retire, and promising a monthly income of 3,000.00 a month which she never intended to pay. When I agreed to move and did so, she never paid me and ended up kicking me out for trying to put our agreement in contract form. After leaving back to North Carolina, she cut me out of the business by signing an exclusive contract with another person. I also believe I am being disinherited.

    I'd also like to sue for mental anguish as she lied to the police about me wanting to harm my children, which resulted in my 5150. She specifically told me she had contacted the police officer who took me in to tell him she never said I would harm my children. This officer had no proof, no history on my part, and simply took her word against mine. At the time of me being taken in, I was calm, non combative and not aggressive in any way. I asked him how can this happen with no evidence, and he simply said it's just a call based on his assumption and no proof is needed. He did not understand that she is a misogynist, narcissist, and of questionable character in that she married her sisters husband. Currently, I am awaiting response from the police officer to confirm her story of never telling the authorities I was a danger to my children (which is specifically in the police report). She is adamant to me that she never said that to the officer, however with her lifetime history of manipulation I simply know better than to believe her anymore. I have zero history of hurting my kids, would NEVER hurt my children, and am actively distancing my family from her as she is dangerous to me and my family.

  2. #2
    Join Date
    Jan 2019

    Default Re: Suing for Non Compliance of Employer - My Mothershe

    I don’t think marrying your sisters husband (assuming that aunt and dream date uncle/new step daddy were divorced prior to your mother landing the man of her dreams) is something that the PD would even care to know for any reason other than water cooler guffaws.

    But in any event, your case clearly make the posts of the day here. Thank you for brightening an otherwise boring day.

  3. #3
    Join Date
    Sep 2010

    Default Re: Suing for Non Compliance of Employer - My Mothershe

    You can't sue people because they continually ask you something. You have no right to an inheritance or employment in the family business. I suggest you ignore her.

    Nobody gets 5150'd over a random complaint. No officer in his right mine would do anything. Your histrionics in describing your mother leads me to believe that you might indeed have issues. Again, even if we take that on its face, I'm not seeing an actionable cause that you could prevail in court with.

  4. #4
    Join Date
    Sep 2005

    Default Re: Suing for Non Compliance of Employer - My Mothershe

    To be detained for up to 72 hours on a W&I 5150 involves not only the police officer writing the hold but a clinician or psychiatrist/psychologist affirming the good cause for the detention. The original reporting party's statement would be but one part of the evaluation and not the entire part of it. Understand that pursuant to CA state law, law enforcement is required to consider statements and historical evidence provided by family and other close parties as part of their evaluation. And if you were held beyond the 72 hours, then there would be even more professionals in the mix.

    Oh, and if you are waiting for the officer to get back to you, do not hold your breath. The officer is under no legal obligation to provide you with any information. And, he may be well advised not to do so for a number of reasons.

    Like flyingron, I don't see any clearly actionable grounds here. But, you can certainly gather your money and shop it to attorneys to see if they might see a viable claim.
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ...

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