California Court of Appeal

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Greenspan v. LADT, LLC, B222539

In proceedings to satisfy an $8.45 million judgment against defendant's companies for breach of contract, trial court's denial of plaintiff's motion to amend the judgment to add the manager, the trustee, and two other affiliated companies as judgment debtors, is reversed where: 1) it would not always be inequitable to add as a judgment debtor a party who prevailed in an arbitration, but rather, it would depend on the facts of the case, and here, the manager was not sued for breach of contract and did not prevail on that claim, and the addition of the manager as a judgment debtor would not constitute a finding that he breached the companies' contract, but would instead serve to remedy his alleged disregard of the companies' separate existence; 2) although a trust is not subject to the alter ego doctrine because it is not a legal entity, a trustee may be added as a judgment debtor; and 3) with certain exceptions, the trial court erred in sustaining the objections to plaintiff's evidence.

Appellate Information

  • Decided 12/30/2010
  • Published 12/30/2010

Judges

  • Richard C. Leonard

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Daniel Alberstone, Richard C. Leonard

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