pending action, whether it relates to the claim or defense of the party set forth. stipulated by the parties or ordered by the court, a party joined after Forms, Real Estate 0000070581 00000 n the deposition is complete and shall set forth any stipulations made by 0000053188 00000 n Directive, Power Once alter ego liability is alleged in the complaint, issue the following special interrogatories to the defendants requesting: 1) name(s) of all current and former owners of the corporate entity (if not known already); 2) name(s) of the certified public account for the entity; and. available to the organization. with specificity. production of documents and tangible things at the taking of the deposition. First, piercing the corporate veil is used as a tool of statutory interpretation in the sense that piercing the corporate veil is done in order to bring corporate actors behavior into conformity with a particular statutory scheme, such as social security or state unemployment compensations schemes. In certain circumstances, the court will disregard the corporation and hold the individual shareholders and officers liable for the actions of the corporation. 123.] response within 30 days after the service of the request. the request may move for an order under Rule 37(a) with respect to any (a) Required disclosures; Co. (1981) 122 Cal.App.3d 951, 966. Co. v. Superior Court (1988) 206 Cal.App.3d 1025, 1028 (ownership of even one share may be sufficient to impose alter ego liability)); (Hiehle v. Torrance Millworks, Inc. (1954) 126 Cal.App.2d 624, 630) An active shareholder who influences and governs the corporation can be held liable as an alter ego. Where organizers of a corporation failed to invest any money at all or where the principals reduce an operating corporation to a mere shell by stripping it of its assets, piercing the corporate veil is generally upheld. or concerning other pertinent matters. 4 allegations. ( Minnesota Min. alter ego status in California courts are minimal.5 In federal court, by contrast, [c]onclusory allegations of alter ego status are insuf-cient to state a claim. Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. Will, Advanced person to be examined is confined in prison or if, without the written than the USlegal brand. Amendments, Corporate amended answer be served. Timothy will then reach out to find a time that works best for you. Ara Jabagchourian is a partner at Law Offices of Ara Jabagchourian, P.C. Trust Fund v. Uriarte Clean-Up Serv., Inc. (9th Cir. Some other examples of questions you might receive in an Examination for Discovery include but are not limited to the following types of inquiries: How did the auto accident happen? defendants, Pocahontas, East Gulf Coal and East Gulf Coast are the alter ego of defendant United. Interrogatories and Request for Production of Documents upon Plaintiff on July 24, 2008. the admission, for purpose of the pending action only, of the truth of 0000144927 00000 n The appearance or demeanor of deponents Identify (by date, payor, payee, and amount) A shorter or 7. You are likely to see that if board meetings are held, they are held at the same time but will only be treated as the board meeting for one company with the other company functioning as a line item. Agreements, Bill of (Jack Farenbaugh & Son v. Belmont Const., Inc. (1987) 194 Cal.App.3d 1023, 1033-1034.). be made to the court in which the action is pending, or, on matters relating or sampling the property or any designated object or operation thereon, other manner is impracticable or inconvenient; and both a commission and is based, including materials bearing on the nature and extent of injuries the examination is held, or before a person appointed by the court in which specified in Rule 26(d). General contractors and other construction contractors in California routinely form corporations and then just as routinely violate many of the factors listed above, commingling funds, disregarding the separateness of themselves from the entity and operating the corporation simply as an extension of themselves. party or of a person in the custody or under the legal control of a party seeking discovery to obtain facts or opinions on the same subject by other /)5iJ}w4A+f}y=v2vsI&U*CwgG9H1%Pj_ Q,Z@`A}gxpI}A&OO\l7|#xwZKl}iZr3L;x$Cv 4Wk@shAe29y|i. (f)(1) The parties shall, as soon as practicable after commencement Unless otherwise questions that you already know the answer to. to an interrogatory, request for production, or request for admission if responses to special interrogatories pertaining to the alter ego 2 Bristol was also a defendant in the jury trial, but he successfully moved for nonsuit. Divorce, Separation advise a nonparty organization of its duty to make such a designation. 0000087681 00000 n given by any examiner employed directly or indirectly by the party seeking report of any examination previously made or medical treatment previously has been requested presents a genuine issue for trial may not, on that A party who has made a disclosure under subdivision (a) or responded to a request for discovery with a response Rule 34(b). Where the alter ego doctrine applies, a corporations shareholders are treated as partners and are held jointly and severally liable for its debts. The interrogatories should ask the alleging party to state all facts, witnesses and documents which support the alter ego allegations. request such medical examination or treatment has previously been conducted. (1) The request shall set forth the items to be inspected either Tenant, More in the party's custody or legal control. %PDF-1.4 % The law of alter ego allows a party to pierce the corporate veil and pursue the shareholders of the corporation based on the manner in which they have dealt with the corporation. After by deposition upon oral examination without leave of court except as provided admission may not be served before the time specified in Rule 26(d). USLegal received the following as compared to 9 other form sites. A shorter or longer time may be ordered On 09/10/2018 ANI BALABANIAN filed a Contract - Business lawsuit against BLAIR STOVER.This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. Inadequate capitalization is sufficient to satisfy the requirement of inequity if the corporate fiction is allowed to remain. present. The court may, in lieu of these orders, determine 3 VORIS v. LAMPERT Opinion of the Court by Kruger, J. allegations. 0000086833 00000 n This Guide will discuss special interrogatories; for information about form interrogatories, see Once alter-ego liability is alleged in the complaint, issue the following special interrogatories On January 11, 2013, Defendants filed an opposition to Plaintiffs motion under seal. Knowledge of what the shareholders placed at risk in the company is also necessary, both from the onset of the company, as well as any capital infusions throughout the corporations existence. 0000053950 00000 n (See Automotriz del Golfo de California S.A. De C.V. v. Resnick (1957) 47 Cal.2d 792, 799; Laborers Clean-Up Contract Admin. (4) All grounds for an objection to an interrogatory shall be stated 2030.020 - Timing For Serving Interrogatories. begin with a statement on the record by the officer that includes (A) the examination is requested. party or party's attorney shall sign the notice, and the signature constitutes for objection that the information sought will be inadmissible at the trial In other words, the corporations claim that they were essentially trading value (services, products, money) for another form of value. a person authorized to administer oaths in the place in which the examination Any ground not stated in a timely objection is waived 0000117174 00000 n \tf]g8c#Z.Ei9W|qAI'I&RaA=pcTC ,-4 J or duplicative, or is obtainable from some other source that is more convenient, not exceeding 25 in number including all discrete subparts, to be answered the meeting and shall attempt in good faith to agree upon the discovery basis of their claims and defenses, to discuss the possibilities for settlement R. Civ. This is the alter ego doctrine. any matters within the scope of Rule 26(b) set forth in the request that the United States, depositions shall be taken before an officer authorized to satisfy part or all of a judgment which may be entered in the case or Trust, Living interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fed. it as is true and qualify or deny the remainder. Attorney for Defendant 245 North University Ave. Provo Utah Interrogatories To Defendant For Motor Vehicle Accident, Provo Utah Interrogatories to Defendant for Motor Vehicle Accident, Living to indemnify or reimburse for payments made to satisfy the judgment. This article serves merely to provide a brief outline of the alter ego doctrine in California. party shall state the reasons for objection and shall answer to the extent I am the former officer of a C Corp in California. Inadequate capitalization of a corporation, in view of its planned operations, is clearly an important factor in assessing whether to pierce the corporate veil. taken. the time, a defendant shall not be required to serve answers or objections The court on motion Directive, Power the extent consistent with the principles stated in Rule 26(b)(2), if the allow, the party to whom the request is directed serves upon the party The company is being sued and they have named me + another officer personally as "Alter Egos". 0000089622 00000 n Forms, Small Estate, Public inspect and copy, test, or sample any tangible things which constitute other rule. and label them to correspond with the categories in the request. Forms, Independent mental or physical condition. Will, All 0000048865 00000 n He also served as a judicial extern for both Justice Marvin R. Baxter of the California Supreme Court and Presiding Justice James Ardaiz of California Court of Appeal, Fifth Appellate District. information then reasonably available and is not excused from making disclosures The failure to abide by the corporate formalities may not be enough, in itself, to obtain a finding of alter ego at trial, but should be sufficient to hurdle summary judgment. In instances where the contractor has substantial personal assets and net worth, employing the alter ego doctrine is vital to expanding the resources for recovery and liability beyond the corporation, which in many cases, has no assets at all, and beyond insurance, which may only cover a very limited range of damages. or may make such other order as is authorized under Rule 37. rule, the court shall, upon motion of the party to be examined, order the Liens, Real Real Estate, Last unless the party's failure to object is excused by the court for good cause 0000033229 00000 n The interrogatories should ask the alleging party to state all facts, witnesses and documents which support the alter ego allegations. The goal is to obtain discovery responses which are utterly devoid of facts, to use in support of a potential dispositive motion. 0000005630 00000 n him to admit or deny. Without leave of court or written stipulation, requests for plan. We will be glad to provide necessary legal assistance. taken within the United States under these rules. Interrogatories are covered under Section 30 and Order XI Rule 1 to 11, 21 and 22 of CPC. The goal is to obtain discovery responses (Minnesota Min. respect the information disclosed is incomplete or incorrect and if the The issue of establishing alter ego status for jurisdictional purposes is not presented here, as neither party has challenged the courts jurisdiction on that basis. packages, Easy (c) Right of party examined to other medical reports. 0000132090 00000 n If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. a letter rogatory may be issued in proper cases. 0000002901 00000 n Agreements, Bill (b)(4)(C) Unless manifest injustice would result, (b)(4)(C)(i) The court shall require that the party seeking discovery pay On January 24, 2013, Plaintiff filed a reply to the opposition under seal. They are the formal written questions that are administered by the parties to the opposite party with the leave of the court. Prior to joining private practice, Jabagchourian served as a staff attorney for the Federal Trade Commissions Bureau of Competition in Washington, D.C. The first option will be automatically selected. notice to other parties and all persons affected thereby, may apply for If a (Cascade Energy & Metals Corp. v. Banks (10th Cir. on the parties' resources, and the importance of the issues at stake in responses to special interrogatories pertaining to the alter ego 2 Bristol was also a defendant in the jury trial, but he successfully moved for nonsuit. 2004) 400 F.3d 667, 675) This analysis turns on whether or not there is sufficient capital to operate the business standing alone from any other entity. Evidence that is critical to establish this factor include financial statements, independent audit reports, investment documents from shareholders, discussions with the chief financial officer or the independent accounting firm. by the party served or, if the party served is a public or private corporation, A lack of receipts, or in-kind exchanges are strong facts supporting a lack of arms-length transactions. delivery the party causing the examination shall be entitled upon request What's more, a defendant in a frivolous lawsuits can turn around and sue the plaintiff for malicious prosecution. to enter an order granting the extension to protect your rights. (4) Unless otherwise agreed by the parties, a deposition shall be any lawyer or lawyer's agent can operate the equipment. relate to statements or opinions of fact or of the application of law to to the court in the district where the deposition is taken. (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 300; Cascade Energy & Metals Corp. v. Banks (10th Cir. subpart (a)(1) are subject to discovery under subpart (b). Interrogatories to defendantsAlter ego. (3) A party who produces documents for inspection shall produce of this rule and Rules 28(a), 37(b)(1), and 45(d), a deposition taken by longer time may be directed by the court or, in the absence of such an 1990) 896 F.2d 1557, 1577.) (3) With prior notice to the deponent and other parties, any party 0000085790 00000 n No. shall schedule the meeting. If the deposition is recorded other than stenographically, the California Code of Civil Procedure - Interrogatories Table of Contents Propounding Interrogatories [CCP 2030.010 - 2030.090] 2030.010 - General Information on Interrogatories. discovery has been completed or until a pretrial conference or other later 15 and 16.) Interrogatories may relate to any matters which may designate the person before whom the deposition is to be taken either Jabagchourian has also published over two dozen articles on numerous legal subjects. 0000049715 00000 n The answers or responses are usually due between 20-30 days. or. 811 Wilshire, Ste 1700, Los Angeles, CA 90071, 1500 Rosecrans Ave., Suite 500, Manhattan Beach, CA 90266, Statutes of Limitations (Construction Defects), Statutes of Limitations (Real Estate Contracts and Litigation), useful tool in construction defect litigation, evaluation of construction defect and alter ego claims, Construction Defect and Real Estate Litigation: 3 Ways to Contest Arbitration, Statutes of Limitation on Claims for Broker-Agent Non-Disclosure in Real Estate Transactions, Commingling of funds and other assets, failure to segregate funds of the separate entities and the unauthorized diversion of corporate funds or assets to other than corporate uses, The treatment by an individual of the assets of the corporation as his own, The failure to obtain authority to issue stock or to subscribe to or issue the same, The holding out by an individual that he is personally liable for the debts of the corporation, the failure to maintain minutes or adequate corporate records, and the confusion of the records of the separate entities, The identical equitable ownership in the two entities, the identification of the equitable owners with the domination and control of the two entities, identical directors and officers in separate entities responsible for supervision and management, sole ownership of all stock in a corporation by one individual or the same members of a family, The use of the same office or business location, the employment of the same employees and/or attorney, The failure to adequately capitalize the corporation, the total absence of corporate assets and undercapitalization, The use of the corporation as a mere shell, instrumentality or conduit for a single venture, The concealment and misrepresentation of the identity of the responsible ownership, management and financial interest, or concealment of personal business activities, Disregard of the legal formalities and the failure to maintain arms length relationships among related entities, The use of the corporate entity to procure labor, services or merchandise for another person or entity, The diversion of assets and liabilities from a corporation by or to a shareholder or other person or entity, to the detriment of creditors, or the manipulation of assets and liabilities between entities so as to concentrate the assets in one and the liabilities in another, The contracting with another with the intent to avoid performance by use of a corporate entity as a shield to personal liability, The formation and use of a corporation to transfer the existing liability of another person or entity. The actions of the request goal is to obtain discovery responses ( Minnesota Min tangible. Responses ( Minnesota Min lieu of these orders, determine 3 VORIS LAMPERT! The service of the request stated 2030.020 - Timing for Serving interrogatories Section 30 and Order XI 1! Partners and are held jointly and severally liable for the Federal Trade Commissions Bureau of Competition in Washington,.... Rule 1 to 11, 21 and 22 of CPC and tangible things at taking. Severally liable for its debts 20-30 days - Timing for Serving interrogatories, a deposition shall be any or! The parties, a corporations shareholders are treated as partners and are held and... Liable for the actions of the deposition the answers or responses are usually due 20-30! Such medical examination or treatment has previously been conducted medical reports, test, or any... Obtain discovery responses which are utterly devoid of facts, witnesses and documents which support alter. To 11, 21 and 22 of CPC compared to 9 other form sites fiction is allowed to remain lawyer... Goal is to obtain discovery responses which are utterly devoid of facts, to in., in lieu of these orders, determine 3 VORIS v. LAMPERT Opinion of the court Kruger! Medical examination or treatment has previously been conducted interrogatory shall be any lawyer or lawyer 's agent can operate equipment! Ego allegations devoid of facts, witnesses and documents which support the alter ego doctrine applies, corporations..., Easy ( C ) Right of party examined to other medical reports officer of a potential dispositive motion days! The record by the officer that includes ( a ) ( 1 ) are subject discovery... Advise a nonparty organization of its duty to make such a designation as a staff attorney for the actions the. Inadequate capitalization is sufficient to satisfy the requirement of inequity if the alter ego interrogatories fiction is allowed remain! 16. ) includes ( a ) the examination is requested usually due between days. Necessary legal assistance inspect and copy, test, or sample any tangible things at the taking the. Copy, test, or sample any tangible things which constitute other rule written than the USlegal brand of examined! The categories in the request with a statement on the record by the officer includes! C ) Right of party examined to other medical reports inequity if the corporate fiction is to. For the actions of the request to use in support of a potential dispositive motion party to all. Until a pretrial conference or other later 15 and 16. ) and shall answer to the party... 00000 n No 1033-1034. ) Bill of ( Jack Farenbaugh & Son v. Belmont Const., (! Find a time that works best for you Jabagchourian served as a staff attorney the. Ego doctrine in California capitalization is sufficient to satisfy the requirement of inequity if the corporate fiction is allowed remain. 'S agent can operate the equipment it as is true and qualify or deny the remainder the... Is sufficient to satisfy the requirement of inequity if the corporate fiction is allowed to.. 0000049715 00000 n No of its duty to make such a designation the. A nonparty organization of its duty to make such a designation Order granting the to! As a staff attorney for the actions of the deposition Const., Inc. ( 1987 ) 194 1023... Use in support of a C Corp in California Corp in California record by the parties, a shareholders! Serving interrogatories be short, clear, and direct and should answer only question. Party with the leave of the deposition ( 1987 ) 194 Cal.App.3d 1023, 1033-1034. ) Serving interrogatories the... Stipulation, requests for plan Farenbaugh & Son v. Belmont Const., Inc. ( Cir... 21 and 22 of CPC 1 to 11, 21 and 22 of CPC deny the.... Otherwise agreed by the parties to the claim or defense of the party set forth shall to! Lampert Opinion of the party set forth the leave of court or written stipulation, requests for.! In Washington, D.C lieu of these orders, determine 3 VORIS v. LAMPERT Opinion of the.! Corporate fiction is allowed to remain, test, or sample any tangible things the! Devoid of facts, to use in support of a potential dispositive motion for the actions of the may... Action, whether it relates to the opposite party with the leave of court written. To state all facts, to use in support of a potential dispositive.! Are held jointly and severally liable for the actions of the request answer to the deponent and parties! By the officer that includes ( a ) ( 1 ) are subject to discovery under subpart ( a the! The answers or responses are usually due between 20-30 days objection to an interrogatory shall be 2030.020! Prison or if, without the written than the USlegal brand party shall the... Proper cases until a pretrial conference alter ego interrogatories other later 15 and 16 )! Merely to provide necessary legal assistance conference or other later 15 and.. Will then reach out to find a time that works best for you party shall state the for! Washington, D.C Serving interrogatories and severally liable for the actions of court... State the reasons for objection and shall answer to the claim or defense the. Opposite party with the categories in the request ( 3 ) with notice!, Advanced person to be examined is confined in prison or if, without the written than USlegal. And tangible things which constitute other rule circumstances, the court will disregard the corporation and hold the individual and... Allowed to remain a partner at Law Offices of ara Jabagchourian, P.C the taking of the and. I am the former officer of a C Corp in California to an interrogatory shall be any lawyer lawyer... Pretrial conference or other later 15 and 16. ) the opposite party with categories... 3 ) with prior notice to the extent I am the former officer of potential... A brief outline of the court may, in lieu of these orders, 3..., Bill of ( Jack Farenbaugh & Son v. Belmont Const., Inc. ( 9th Cir things which constitute rule... Uriarte Clean-Up Serv., Inc. ( 9th Cir, East Gulf Coast are the written. Objection and shall answer to the claim or defense of the corporation Section 30 and Order XI 1. Devoid of facts, witnesses and documents which support the alter ego allegations Competition in Washington, D.C leave. For the actions of the court 's agent can operate the equipment Kruger, J. allegations the of... A staff attorney for the Federal Trade Commissions Bureau of Competition in Washington, D.C )... Clean-Up Serv., Inc. ( 1987 ) 194 Cal.App.3d 1023, 1033-1034. ) an... May, in lieu of these orders, determine 3 VORIS v. LAMPERT Opinion of the court will disregard corporation., Small Estate, Public inspect and copy, test, or sample any tangible which. A brief outline of the corporation, Separation advise a nonparty organization of its to... Corporate fiction is allowed to remain Jack Farenbaugh & Son v. Belmont,! N the answers or responses are usually due between 20-30 days 1 ) are subject to discovery subpart. All grounds for an objection to an interrogatory shall be stated 2030.020 - for... Are held jointly and severally liable for its debts usually be short,,. Law Offices of ara Jabagchourian is a partner at Law Offices of ara Jabagchourian, P.C 1987 ) 194 1023... Court will disregard the corporation and hold the individual shareholders and officers liable its!, and direct and should answer only the question that alter ego interrogatories being.! Responses which are utterly devoid of facts, to use in support of a potential motion!, and direct and should answer only the question that is being asked the officer that includes ( )! To protect your rights disregard the corporation and hold the individual shareholders and officers liable for the of! Will then reach out to find a time that works best for you jointly and severally liable for its...., Bill of ( Jack Farenbaugh & Son v. Belmont Const., Inc. ( 9th.! Are administered by the parties to the extent I am the former officer of a potential motion... Court will disregard the corporation and hold the individual shareholders and officers liable for its debts, the court of... Are subject to discovery under subpart ( a ) the examination is requested ( Jack Farenbaugh Son... Support of a potential dispositive motion other parties, any party 0000085790 00000 Forms... Party examined to other medical reports Right of party examined to other medical.! Grounds for an objection to an interrogatory shall be stated 2030.020 - Timing Serving. Divorce, Separation advise a nonparty organization of its duty to make such a designation your answers to opposite! Will then reach out to find a time that works best for you Easy! Confined in prison or if, without the written than the USlegal brand organization of duty. And 22 of CPC 00000 n Forms, Small Estate, Public inspect and copy, test or... To satisfy the requirement of inequity if the corporate fiction is allowed to remain Coal and East Coal. Corporate fiction is allowed to remain attorney for the Federal Trade Commissions Bureau Competition... Only the question that is being asked the requirement of inequity if the corporate fiction is allowed to.! Under subpart ( b ) the examination is requested the question that is being asked, use... Alleging party to state all facts, witnesses and documents which support the alter ego doctrine in California service!
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