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Opposing a motion to amend a judgment to add alter ego as judgment debtor in California

Opposing a motion to amend a judgment to add an alter ego as a judgment debtor in California is the topic of this blog post. Any party in California wishing to oppose such a motion should serve and file their opposition at least nine (9) court days before the hearing pursuant to Code of Civil Procedure section 1005.

Any party served with a motion to amend a judgment in California to add an alter ego as a judgment debtor should carefully review the motion and supporting declarations and exhibits to ascertain all possible grounds for opposition as are several very common grounds for an opposition to this motion including:

The grounds that the motion to amend is not supported by any credible and substantial evidence that would support a finding that the alleged alter ego controlled the litigation, conducted discovery or appeared at the trial in that the Judgment was obtained by default.

The grounds that the motion to amend is not supported by any credible and substantial evidence that would support a finding of alter ego liability in that no sufficient evidence has been presented that would indicate a unity of interest and ownership or commingling, misrepresentation or diversion of corporate assets.

The grounds that the motion to amend is not timely in that the Judgment was entered several years ago and no reasonable explanation has been given for the delay.

One California Court of Appeal has stated that it is the burden of the plaintiff to overcome the presumption of the separate existence of the corporate entity. Another California Court of Appeal has stated that alter ego is a drastic remedy that should be rarely used.

Yet another California Court of Appeal has stated that a trial court should not rely too heavily on factors such as inadequate capitalization or concentration of ownership and control.

Attorneys or parties in California that would like to view a portion of a sample 12 page opposition to a motion to amend a judgment to add an alter ego as a judgment debtor containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

You can view portions of over 300 sample legal documents for California and Federal litigation at http://www.scribd.com/LegalDocsPro

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

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2 Responses

  1. do you have any P&A in support of Affidavit of Identity to identify the corporation identity that owns the DBA?

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    • Thank you for your inquiry. I do have a sample affidavit of identity but unfortunately I do not have the P&A that you are looking for. Click the link below to view the sample affidavit of identity.

      Like

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