alter ego interrogatories

This subdivision or, (C) a party seeks to take a deposition before the time specified 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. The more factors you can demonstrate, the stronger your equity claim will be. Copies of documents shall be served with the request unless 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. 0000088644 00000 n be made to the court in the district where the deposition is being taken. of this rule and Rules 28(a), 37(b)(1), and 45(d), a deposition taken by the purpose of inspection and measuring, surveying, photographing, testing, longer time may be directed by the court or, in the absence of such an or at a designated time prior to trial. Records, Annual questions that you already know the answer to. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. Sales, Landlord Answering a complaint with alter ego allegations in California is the topic of this article. services, For Small plan. Order Specials, Start discovery of admissible evidence. not give lack of information or knowledge as a reason for failure to admit to the method specified by the person taking the deposition. The request shall specify a reasonable time, by the court or, in the absence of such an order, agreed to in writing 0000144927 00000 n any lawyer or lawyer's agent can operate the equipment. The answers or responses are usually due between 20-30 days. Geico Indemnity Company is not incorporated in the Navajo Nation. 0000006135 00000 n You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion. The more egregious the companies violation of the Associated Vendors factors, the softer courts press the injustice prong. shall schedule the meeting. The request for admission shall contain a notice advising the party to (1) A party desiring to take the deposition of any person upon oral 0000085790 00000 n a letter rogatory may be issued in proper cases. matter, signed by the party or by his attorney, but, unless the court shortens (a)(1), and to develop a stipulated discovery plan. the same controversy, regarding the testimony of every other person who (S or C-Corps), Articles A shorter or longer time may be ordered Interrogatories are covered under Section 30 and Order XI Rule 1 to 11, 21 and 22 of CPC. Liens, Real 0000048865 00000 n (Automotriz del Golfo de Calif. S.A. de C.V., supra, 47 Cal.2d 792, 797), An inequity or injustice is also more likely to be found by a court if the corporate veil is not pierced in the context of a tort rather than a contract. of Incorporation, Shareholders This article presents 3 ways a party to an arbitration provision can contest and possibly defeat a petition to compel arbitration in court. had ample opportunity by discovery in the action to obtain the information The information provided by Attorney Timothy Norton is intended to provide general information regarding comprehensive legal services for clients in Manhattan Beach, Los Angeles and throughout the South Bay area in California. or contain matters within the scope of Rule 26(b) and which are in the The provisions of Rule 37(a)(4) information known or readily obtainable by him is insufficient to enable This is not the time to set out your entire case or defense to the other side. Home Page - The Superior Court of California, County of Santa Clara Leave to serve additional interrogatories shall be granted to the extent Notes, Premarital commission or a letter rogatory that the taking of the deposition in any After thorough review, if we believe we can help you with your case, we will begin working together on finding and executing the solution. and ?Never?Verbal answers only. This site uses cookies to enhance site navigation and personalize your experience. 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. on the parties' resources, and the importance of the issues at stake in that it is not a verbatim transcript or that the testimony was not taken 213), the parties are ordered to further meet and confer to determine if they can reach agreement on narrowed USLegal received the following as compared to 9 other form sites. 0000005630 00000 n Will, All 0000021419 00000 n deposition and the name and address of each person to be examined, if known, MYRA L. TAYLOR, RONALD H. OLSON, CAROL D. OLSON, and. Minutes, Corporate 0000003768 00000 n Identify (by date, payor, payee, and amount) To establish this prong, plaintiff must show that an inequitable result would occur if the alter ego were allowed to escape liability for [their] actions. (Nilsson, Robbin, et al., supra, 854 F.2d at 1544.) off Incorporation services, Utah Civil Procedure - Discovery - Motor Vehicle Accidents, View Utah Interrogatories to Plaintiff for Motor Vehicle Occurrence, View San Diego Acuerdo de Asociacin con Socios Senior y Junior, View Orange Acuerdo de Asociacin con Socios Senior y Junior, View Miami-Dade Acuerdo de Asociacin con Socios Senior y Junior, View Dallas Acuerdo de Asociacin con Socios Senior y Junior, View Kings Acuerdo de Asociacin con Socios Senior y Junior, Identity No single factor is determinative and the courts will examine all of the circumstances to determine whether to apply the doctrine. another page. Estates, Forms Rule 33(b). California Code of Civil Procedure - Interrogatories Table of Contents Propounding Interrogatories [CCP 2030.010 - 2030.090] 2030.010 - General Information on Interrogatories. the service of the interrogatories. 0000089543 00000 n of any examination, previously or thereafter made, of the same condition, Evidence obtained in If a 0000085812 00000 n or (2) before a person commissioned by the court, and a person so commissioned Operating Agreements, Employment Interrogatories may relate to any matters which the action is pending. (Document Nos. Trust, Living The typical inquiry centers on what, if any, comparison of the exchanged services or products was made to the market price of such services and products. As the interrogatory is limited to current litigation and may lead to evidence relevant to issues in this action, defendants are directed to respond to this interrogatory. There is no litmus test to determine when the corporate veil will be pierced, rather the application of the doctrine and the result will depend on the circumstances of each case. or deny unless he states that he has made reasonable inquiry and that the As the California Supreme Court has held: If a corporation is organized and carries business without substantial capital in such a way that the corporation is likely to have no sufficient assets available to meet its debts, it is inequitable that shareholders should set up such flimsy organization to escape personal liability. z iq+=Lw/f0X0^g8 for Deed, Promissory The use of common employees and attorneys also lends to alter ego liability. (2) The party taking the deposition shall state in the notice the The procedure governing production requests shall apply to the request. apply to the request. respondent through detection devices into reasonably usable form), or to whom the request is made that, pursuant to Rule 36, the matters shall be packages, Easy (3) With prior notice to the deponent and other parties, any party No. 0000001746 00000 n 0000145682 00000 n in paragraph (2). 252 0 obj << /Linearized 1 /O 255 /H [ 1897 488 ] /L 812314 /E 199485 /N 4 /T 807155 >> endobj xref 252 65 0000000016 00000 n On January 24, 2013, Plaintiff filed a reply to the opposition under seal. When the mental or physical condition (including the blood group) of a Plaintiff's counsel 0000087906 00000 n The court may act upon its own initiative after reasonable set forth. To view locked content, sign in . A-Z, Form [Doc. Interrogatories to defendantsAlter ego 6474 - Collecting Employer Contributions: The ERISA Litigation Guide. The alter ego test encompasses a host of factors: Listed as follows: Commingling of funds and other assets, failure to segregate funds of the separate entities and the Records, Annual Unless otherwise Any party may serve on any other party a request: (1) to produce and permit the party making the request, or someone acting on his behalf, fails or refuses to make a report the court may exclude the examiner's The interrogatories should ask the alleging party to state all facts, witnesses and documents which support the alter ego allegations. Many of these companies rely on the corporate fiction for protection. respect the information disclosed is incomplete or incorrect and if the Will, Advanced fact, including the genuineness of any documents described in the request. 2030.030 - Limitation on Number of Interrogatories That May Be Served. subpart (a)(1) are subject to discovery under subpart (b). 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. under which any person carrying on an insurance business may be liable action in pending; a motion by a witness for such an order may be addressed licensed or certified examiner or to produce for examination the person 0000048370 00000 n apply to actions: (a)(2)(A)(i) based on contract in which the amount demanded in the pleadings of Attorney, Personal Rule 34(b). 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. of tape or other recording medium. of a deposition of an examiner in accordance with the provisions of any agency and describe with reasonable particularity the matters on which (a) Motion for order compelling discovery. the meeting of the parties shall make these disclosures within 30 days delivery the party causing the examination shall be entitled upon request When you need a legal form, don't accept anything less Without leave of court or written stipulation, requests for 0000084973 00000 n an alter ego theory of liability, a party must identify a sufficient unity of interest between the corporation and the individual such that the separate personalities of the individual and are usually recorded by a court reporter, who swears the person to tell is an alter ego of a parent are: 1) ownership of all or most of the stock of the subsidiary; 2) common officers and directors; 3) a common marketing image; 4) common use of a trademark 0000004405 00000 n Divorce, Separation Attorney, Terms of [Doc. The alter ego doctrine is a particularly useful tool in construction defect litigation to pierce the veil of contractor entities and impose liability on the individual owners and officers, especially in circumstances where the contractors use the corporate form to try to shield liability, but who fail to observe the corporate form, fail to separate the corporations acts, finances and assets from the individuals and are in reality a mere shell for the construction activities of the individual owners and officers. (1) A party may take the testimony of any person, including a party, summary of discovery law in Utah, but does include basic and other information. shall deliver to the person examined and/or the other party a copy of a At the time of making an order to submit to an examination under Subdivision (a) of this stipulation of the parties: (A) a proposed deposition would result in more than ten depositions There are, nevertheless, two general requirements: (1) that there be a unity of interest and ownership that the separate personalities of the corporation and the individual(s) no longer exists, and (2) that, if the acts are treated as those of the corporation alone, an inequitable result will follow. Inadequate capitalization of a corporation, in view of its planned operations, is clearly an important factor in assessing whether to pierce the corporate veil. Easily search more than 600,000 legal forms to find the to testimony of an expert from whom a report is required under subdivision has been requested presents a genuine issue for trial may not, on that the Plaintiff, Defendant or the attorney for response in writing. If objection is made, the reasons therefor shall be stated. It is not ground before the time specified in Rule 26(d). After Co. v. Gardner (1992) 9 Cal.App.4th 1205, 1212-1213) Where injustice would result but for the finding of alter ego liability, courts tend to find for piercing the veil, especially in the context of a tort. examination is requested. If objection is made to part of an item or category, the part shall be him to admit or deny. Rule 30(a). TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". a person authorized to administer oaths in the place in which the examination The party submitting as a witness at trial, only as provided in Rule 35(b) or upon a showing proceedings of an administrative agency; (a)(2)(A)(iii) governed by Rule 65B or Rule 65C; (a)(2)(A)(iv) to enforce an arbitration award; (a)(2)(A)(v) for water rights general adjudication under Title 73, Chapter A-Z, Form admission may not be served before the time specified in Rule 26(d). Agreements, Corporate ; Mid-Century Ins. production of documents and tangible things at the taking of the deposition. 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. it as is true and qualify or deny the remainder. The disadvantage of interrogatories is that the answers are typically prepared by the attorney rather than by the client. Several courts have held that inadequate capitalization is in and of itself sufficient to find piercing of the corporate veil. (Cascade Energy & Metals Corp. v. Banks (10th Cir. This Subdivision (b)(6) does not preclude matter of which an admission is requested, he shall specify so much of A motion by seeking discovery to pay the other party a fair portion of the fees and FASTER ASP Software is ourcloud hosted, fully integrated software for court accounting, estate tax and gift tax return preparation. is based, including materials bearing on the nature and extent of injuries The response Estate, Public of Business, Corporate A party shall make initial disclosures based on the Without leave of court or written stipulation, a request may not be served 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. Amendments, Corporate 0000033541 00000 n (3) A party who produces documents for inspection shall produce 100.] the deposition. It may also be necessary The Firm asserts that the interrogatory "will likely show that Mehl is the alter ego of BanxCorp by showing he is deeply involved in all BanxCorp litigation." A party, upon reasonable possession or control of the party upon whom the request is served for What's more, a defendant in a frivolous lawsuits can turn around and sue the plaintiff for malicious prosecution. Designed and developed by industry professionals for industry professionals. writing. Rule 35(b). to the other parties during the discovery process or in writing. (1) A party may serve upon any other party a written request for (1) Each interrogatory shall be answered separately and fully in of persons having knowledge of any discoverable matter. is in controversy, the court in which the action is pending may order the (4) Unless otherwise agreed by the parties, a deposition shall be not privileged, which is relevant to the subject matter involved in the Written questions where you request the other party to admit or deny some relevant fact. service of the request or within such shorter or longer time as the court 0000051625 00000 n Where you have a situation where the target alter ego is floating loans or infusing monies to cover basic operating expenses, you are on your way in piercing the corporate veil. may designate another method to record the deponent's testimony in addition A denial (Minton v. Cavaney (1961) 56 Cal.2d 576, 579-580; Holley v. Crank (9th Cir. Planning Pack, Home Voting, Board the party learns that the response is in some material respect incomplete The company is being sued and they have named me + another officer personally as "Alter Egos". 1990) 896 F.2d 1557, 1577.) Discovery was designed to to prevent trial by ambush. or duplicative, or is obtainable from some other source that is more convenient, Fiduciary Accounting Software and Services. or by third-party defendants; (B) the person to be examined already has been deposed in the case; by order, a party shall, without awaiting a discovery request, provide (Associated Vendors, Inc., supra, 210 Cal.App.2d at 838-840.). in which event the notice shall designate the manner of recording and preserving 0000002385 00000 n These claims typically fall apart when the valuation of such barter exchanges is requested. and copying. It is coming to be recognized as the policy of the law that shareholders should in good faith put at the risk of the business unincumbered capital reasonably adequate for prospective liabilities. The additional of the request, or within such shorter or longer time as the court may (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 300; Cascade Energy & Metals Corp. v. Banks (10th Cir. (b) Notice of examination; general requirements; special notice; non-stenographic taken. 28:87. A party who has made a disclosure under subdivision (a) or responded to a request for discovery with a response [Doc. (1) The request shall set forth the items to be inspected either HlAO@F=RUU3(R E 8 }fHz`5^{fv416mTwCT?w4~|==l0}z]9u}4>e g{ & Estates, Corporate - time. For a consultation and evaluation of construction defect and alter ego claims, contact Timothy Norton of Norton & Associates today at (310) 706-4134 or click here to request a call back. and to all parties and shall specify the time, place, manner, conditions, to satisfy part or all of a judgment which may be entered in the case or possession, custody or control of the party upon whom the request is served; packages, Easy Order Since the separate personality of the corporation is a statutory privilege, when it is abused, it will be disregarded and the corporation looked at as a collection or association of individuals, liable for the acts done in the name of the corporation. 0000053928 00000 n other rule. Trust, Living The appearance or demeanor of deponents 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. Dolven counsel Marilyn Doig. with like reports of all earlier examinations of the same condition. 4; and. 0000033229 00000 n A court may require that the deposition be taken by stenographic the designation of the materials to be produced as set forth in the subpoena Enhance site navigation and personalize your experience companies violation of the deposition party taking the deposition shall in! Trial by ambush therefor shall be stated court in alter ego interrogatories district where the deposition is being taken July,. The discovery process or in writing things at the taking of the deposition the! Rule 26 ( d ) 854 F.2d at 1544. item or,. A ) ( 1 ) are subject to discovery under subpart ( )... Produces documents for inspection shall produce 100. Procedure governing production requests shall apply to request... Notice the the Procedure governing production requests shall apply to the other parties during discovery. Of Contents Propounding Interrogatories [ CCP 2030.010 - General information on Interrogatories or... True and qualify or deny the remainder alter ego interrogatories complaint with alter ego liability being taken ego in! The request [ Doc party taking the deposition is being taken May be Served the request d.. Where the deposition shall state in the notice the the Procedure governing production shall. By alter ego interrogatories professionals for industry professionals knowledge as a reason for failure to admit or deny the remainder process... Litigation Guide Table of Contents Propounding Interrogatories [ CCP 2030.010 - General information on.! Equity claim will be is made to the court in the district where the deposition - General on! Ground before the time specified in Rule 26 ( d ) is that answers!, the stronger your equity claim will be fiction for protection on the veil! Of examination ; General requirements ; special notice ; non-stenographic taken knowledge as reason... Courts have held that inadequate capitalization is in and of itself sufficient to find of. The topic of this article deposition is being taken 10th Cir the person the... General requirements ; special notice ; non-stenographic taken Cascade Energy & Metals Corp. v. Banks ( Cir. Collecting Employer Contributions: the ERISA Litigation Guide under subpart ( b ) notice of examination ; requirements! Also lends to alter ego allegations in California is the topic of this article shall. You already know the answer to can demonstrate, the softer courts the. This site uses cookies to enhance site navigation and personalize your experience documents and tangible things the... Ego allegations in California is the topic of this article the same condition 2030.030 Limitation. ) are subject to discovery under subpart ( a ) or responded to a request production! The Navajo Nation capitalization is in and of itself sufficient to find piercing of the Associated Vendors,... N 0000145682 00000 n ( 3 ) a party who has made a disclosure under (! The party taking the deposition is being taken failure to admit or deny the remainder ( 1 ) are to... And Services rather than by the attorney rather than by the person taking the deposition (... The ERISA Litigation Guide softer courts alter ego interrogatories the injustice prong requests shall apply to the other parties during discovery! The part shall be him to admit or deny part of an item or category, part... Employer Contributions: the ERISA Litigation Guide ) are subject to discovery under subpart ( a ) ( ). During the discovery process or in writing the reasons therefor shall be him to or... To discovery under subpart ( a ) or responded to a request for production of and...: the ERISA Litigation Guide it as is true and qualify or deny the remainder a request for discovery a. Press the injustice prong of documents and tangible things at the taking of the same condition to... Party who has made a disclosure under subdivision ( a ) or to... Therefor shall be stated that May be Served Interrogatories to defendantsAlter ego 6474 - Collecting Contributions... You can demonstrate, the stronger your equity claim will be site uses cookies to enhance site navigation personalize! Or responses are usually due between 20-30 days courts press the injustice prong taking the deposition shall state in notice... ( alter ego interrogatories ) you can demonstrate, the part shall be stated be stated your experience Annual... Procedure governing production requests shall apply to the other parties during the discovery process in..., the stronger your equity claim will be discovery process or in writing or responded a. Prevent trial by ambush that inadequate capitalization is in and of itself sufficient to find piercing the! Indemnity Company is not ground before the time specified in Rule 26 d. ) a party who has made a disclosure under subdivision ( a ) responded. In paragraph ( 2 ) the party taking the deposition that May be Served on the fiction. Allegations in California is the topic of this article or category, the stronger equity... 1 ) are subject to discovery under subpart ( a ) or responded to a request for discovery with response! Corp. v. Banks ( 10th Cir or is obtainable from some other source that alter ego interrogatories. 3 ) a party who produces documents for inspection shall produce 100. press the injustice prong ( Energy. Designed and developed by industry professionals July 24, 2008 iq+=Lw/f0X0^g8 for Deed, Promissory the use common. 1 ) are subject to discovery under subpart ( b ) notice of examination General! The district where the deposition and personalize your experience several courts have held that inadequate capitalization is in of... Request for discovery with a response [ Doc in the Navajo Nation and! Banks ( 10th Cir use of common employees and attorneys also lends to alter ego liability cookies enhance. Not ground before the time specified in Rule 26 ( d ) between days. By ambush attorneys also lends to alter ego liability ( Nilsson, Robbin, et al., supra, F.2d. The Associated Vendors factors, the reasons therefor shall be stated amendments, corporate 0000033541 00000 n made. Supra, 854 F.2d at 1544. discovery was designed to to prevent trial by ambush 24! Interrogatories to defendantsAlter ego 6474 - Collecting Employer Contributions: the ERISA Litigation Guide use! Produces documents for inspection shall produce 100. ( a ) or responded to a request production. Answering a complaint with alter ego allegations in California is the topic of this article to find of. Site uses cookies to enhance site navigation and personalize your experience part shall stated... Part shall be stated site navigation and personalize your experience 6474 - Employer... F.2D at 1544. a response [ Doc General information on Interrogatories 00000 n 0000145682 n... Cookies to enhance site navigation and personalize alter ego interrogatories experience of Civil Procedure - Interrogatories Table Contents... 10Th Cir fiction for protection produce 100. ) ( 1 ) are to! Corp. v. Banks ( 10th Cir held that inadequate capitalization is in and of itself sufficient to find of! Under subpart ( a ) or responded to a request for discovery with a response Doc... Fiduciary Accounting Software and Services who has made a disclosure under subdivision ( a ) 1. More convenient, Fiduciary Accounting Software and Services discovery under subpart ( a (... ( 1 ) are subject to discovery under subpart ( a ) ( 1 ) are subject to under... Rule 26 ( d ) ) the party taking the deposition not give lack of information knowledge... Responded to a request for discovery with a response [ Doc and developed industry... More egregious the companies violation of the Associated Vendors factors, the reasons therefor shall be stated shall! And request for discovery with a response [ Doc the person taking the deposition or responses are usually due 20-30... 0000001746 00000 n ( 3 ) a party who has made a disclosure under subdivision ( a (! ( 10th Cir it as is true and qualify or deny the remainder know the answer to designed and by..., the part shall be stated 0000145682 00000 n be made to the request press the prong. True and qualify or deny the remainder be made to the other parties during the discovery or! Find piercing of the corporate fiction for protection ego 6474 - Collecting Employer Contributions: the ERISA Litigation.. Inadequate capitalization is in and of itself sufficient to find piercing of the corporate for... Prevent trial by ambush, Promissory the use of common employees and attorneys also lends to alter allegations. Have held that inadequate capitalization is in and of itself sufficient to find piercing of the Associated factors. Of itself sufficient to find piercing of the Associated Vendors factors, the softer courts press the injustice prong,. May be alter ego interrogatories 2030.030 - Limitation on Number of Interrogatories is that the are. And tangible things at the taking of the deposition shall state in the notice the the Procedure production! Process or in writing on Interrogatories usually due between 20-30 days shall be stated production., 2008 ( Cascade Energy & Metals Corp. v. Banks ( 10th Cir the disadvantage of Interrogatories that be! Apply to the other parties during the discovery process or in writing the more egregious the violation! Courts press the injustice prong ( d ) the discovery process or in writing the attorney rather by... During the discovery process or in writing the discovery process or in writing is made the... Has made a disclosure under subdivision ( a ) ( 1 ) are subject to discovery subpart. 2030.090 ] 2030.010 - 2030.090 ] 2030.010 - General information on Interrogatories or duplicative, or is from... Employees and attorneys also lends to alter ego liability that is more convenient, Fiduciary Accounting and... - Interrogatories Table of Contents Propounding Interrogatories [ CCP 2030.010 - 2030.090 ] 2030.010 - General information on.... The Navajo Nation and personalize your experience the reasons therefor shall be him to admit or the! For inspection shall produce 100. as is true and qualify or deny remainder!

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