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Sample California motion to amend judgment to add judgment debtor on alter ego liability

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Sample California motion to amend judgment to add judgment debtor on alter ego liability

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This sample California motion to amend a judgment to add a judgment debtor on the alter ego theory is used pursuant to Code of Civil Procedure section 187 on the grounds that there is such a unity......

This sample California motion to amend a judgment to add a judgment debtor on the alter ego theory is used pursuant to Code of Civil Procedure section 187 on the grounds that there is such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation and the shareholder do not in reality exist, and that failure to do would sanction fraud or promote injustice. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service.

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  • 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT TO ADD ____________ JUDGMENT DEBTOR ON ALTER EGO THEORY UNDER CODE OF CIVIL PROCEDURE SECTION 187; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF _______________; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. To view over 250 sample legal documents for sale by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents - 1 - NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT TO ADD JUDGMENT DEBTOR
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Be sure to remove this notice and all other notices before using this document. TO THE ABOVE-ENTITLED COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on _____________ at __________ or as soon thereafter as the matter may be heard, in Department ________ of the above-entitled Court, located at ________________________ , pursuant to California Code of Civil Procedure Section 187, Plaintiff _____________ will and does move this court for an order amending the judgment entered on ______ to add LIST NAME OF PARTY TO BE ADDED AS JUDGMENT DEBTOR on the grounds of alter ego liability in that there is such as unity of interest and ownership between the corporation and LIST NAME OF PARTY TO BE ADDED AS JUDGMENT DEBTOR, who is its equitable owner that the separate personalities of the corporation and the shareholder do not in reality exist, and that failure to do would sanction fraud or promote injustice. This motion will be based on this notice and on the memorandum of points and authorities served and filed herewith, on the declaration of ____________ and exhibits attached thereto, on all the papers and records of this action and on such other and further oral and/or documentary evidence as may be presented at the hearing on this motion. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY - 2 - NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT TO ADD JUDGMENT DEBTOR
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS Plaintiff filed suit against Defendants on or about ___________ alleging: Add some brief facts regarding the lawsuit such as breach of contract, et. See Plaintiffs complaint on file. Judgment was entered against Defendant on _______________. Plaintiff contends that, pursuant to California Code of Civil Procedure Section 187, this court should issue an order amending the judgment entered on ______ to add LIST NAME OF PARTY TO BE ADDED AS JUDGMENT DEBTOR on the grounds of alter ego liability in that there is such as unity of interest and ownership between the corporation and LIST NAME OF PARTY TO BE ADDED AS JUDGMENT DEBTOR, and its equitable owner that the separate personalities of the corporation and the shareholder do not in reality exist, and that failure to do would sanction fraud or promote injustice in that LIST HERE THE SPECIFIC REASONS WHY THE COURT SHOULD IMPOSE ALTER EGO LIABILITY ON THE OTHER PARTY SUCH AS FAILURE TO OBSERVE CORPORATE FORMALITIES, COMMINGLING OF FUNDS, ETC. See the declaration of __________ and Exhibits attached thereto, concurrently filed and served herewith and incorporated herein by reference. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/228431088/Sample-Motion-to-Amend- Judgment-to-Add-Alter-Ego-as-Judgment-Debtor-in-California - 3 - NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT TO ADD JUDGMENT DEBTOR