Welch v. St. George
Appellants contend that the fifth amendment to the partnership agreement of St. George, a California Limited Partnership, is invalid. The amendment requires the posting of an undertaking in the event that any partner initiates an action against the partnership, unless a court finds that the partners claims have probable validity. Appellants contend that: (1) the amendment was not validly adopted; (2) the amendment is unconscionable; (3) the amendment violates the United States Constitution; and (4) the amendment is unenforceable as contrary to public policy. Appellants further contend that even if the amendment were enforceable, the trial court erred in determining that appellants claims lacked probable validity.
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