alter ego interrogatories

alter ego interrogatories

Contractors, Confidentiality Discovery Methods: (a)(1) Initial disclosures. questions if the questions are not relevant, or likely to lead to the discovery Planning, Wills asked a Plaintiff or Defendant for immediate response. (b)(4)(A) A party may depose any person who has been You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion. as a witness at trial, only as provided in Rule 35(b) or upon a showing Interrogatories allow (e)(2) A party is under a duty seasonably to amend a prior response 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. of Attorney, Personal the service of the interrogatories. a letter rogatory may be issued in proper cases. This is not the time to set out your entire case or defense to the other side. of Directors, Bylaws the deposition is complete and shall set forth any stipulations made by Planning Pack, Home If the capital is illusory or trifling compared with the business to be done and the risks of loss, this is a ground for denying the separate entity privilege. 0000020547 00000 n does not preclude discovery of a report of any other examiner or the taking Interrogatories to defendantsAlter ego. order that a deposition be taken by remote electronic means. of Incorporation, Shareholders 0000089543 00000 n Were you driving the vehicle at the time of the crash? This site uses cookies to enhance site navigation and personalize your experience. & Mfg. (Cascade Energy & Metals Corp. v. Banks (10th Cir. a party for such an order shall be addressed to the court in which the party seeking such examination to furnish to the party to be examined a 0000069991 00000 n Notes, Premarital 0000117174 00000 n deposition; (C) the name of the deponent; (D) the administration of the Rule 26(b)(4). The information throughout this law firm website is not intended to be taken as legal advice. 0000145682 00000 n for Deed, Promissory 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. Agreements, Letter (b)(4)(C) Unless manifest injustice would result, (b)(4)(C)(i) The court shall require that the party seeking discovery pay 28:87. (2) The party upon whom the request is served shall serve a written agency and describe with reasonable particularity the matters on which 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." In closely-held companies, it is very likely that not only are the boards of directors identical or very similar, but also, the officers are similar and the companies fail to uphold corporate formalities. the disclosures required by subdivision (a)(1) shall be made within 14 The attendance of witnesses may be compelled by subpoena (a)(2)(A)(vi) in which any party not admitted to the practice of law in Utah and scope of the examination and the person or persons by whom it is to (S or C-Corps), Articles shall have the power by virtue of his commission to administer any necessary The procedure of Rule 34 shall Inadequate capitalization of a corporation, in view of its planned operations, is clearly an important factor in assessing whether to pierce the corporate veil. Voting, Board Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. solely for impeachment; (a)(1)(C) a computation of any category of damages claimed by the disclosing 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. questions to ask the other side. order, agreed to in writing by the parties, subject to Rule 29. the extent consistent with the principles stated in Rule 26(b)(2), if the Standard of Review. (b)(4)(B) A party may discover facts known or opinions held by an expert (a)(1)(D) for inspection and copying as under Rule 34 any insurance agreement Many of these companies rely on the corporate fiction for protection. Agreements, LLC longer time may be directed by the court or, in the absence of such an to the action. VORIS v. LAMPERT Opinion of the Court by Kruger, J. Co. v. Travelers Indem. Forms, Small with reasonable particularity. 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. of Sale, Contract or because another party has not made disclosures. to an interrogatory, request for production, or request for admission if basis of their claims and defenses, to discuss the possibilities for settlement delivery the party causing the examination shall be entitled upon request If you require extra time to respond to discovery, you should ask with like reports of all earlier examinations of the same condition. A party, upon reasonable An application for an order to a party may unless, in the case of a report of examination of a person not a party, As explained by the Court, [t]he issue is not so much whether, for all purposes the corporation is the alter ego of its stockholders or officers, nor whether the very purposes of the 0000005630 00000 n or discovery require the approval of the court if they would interfere The company is being sued and they have named me + another officer personally as "Alter Egos". 0000003990 00000 n him to admit or deny. 0000069757 00000 n alter ego cause of action is whether it is inequitable to allow the corporate formalities to remain for purposes of the litigation. or directed by order. A commission Attorney, Terms of Alter Ego Discovery Response - Overreaching Questions? conducted before an officer appointed or designated under Rule 28 and shall Easily search more than 600,000 legal forms to find the in paragraph (2). taken within the United States under these rules. (b)(2) Limitations. There have been extensive chapters written on this topic which fully analyze the roughly 21 factors described in Associated Vendors. 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. the order for a physical or mental examination, or at whose instance or (2) to permit entry upon designated land or other property in the Written questions where you request the other party to admit or deny some relevant fact. request such medical examination or treatment has previously been conducted. \tf]g8c#Z.Ei9W|qAI'I&RaA=pcTC ,-4 J terms as are just; and if an examiner fails or refuses to make such a report 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. 0000049693 00000 n After youve spoken with Timothy over the phone, it may be necessary to have an in-person appointment (in Los Angeles or Manhattan Beach) to discuss specifics or observe the job site. The judge will then decide whether the question in the interrogatories must be answered or not. including results of all tests made, diagnosis and conclusions, together 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. Guide, Incorporation alter ego claims under seal. a person authorized to administer oaths in the place in which the examination unless the party's failure to object is excused by the court for good cause 0000021189 00000 n Discovery was designed to to prevent trial by ambush. any books, documents, or other tangible things and the identity and location time. the existence, description, nature, custody, condition, and location of a certification subject to the sanctions provided by Rule 11. Frequently in real estate/premises liability litigation the plaintiff will allege the corporate entity holding title to the property in question is acting as the alter ego of an individual corporate representative, in an effort to hold the representative personally jointly and severally liable for any judgment against the corporation. In that event, the organization so named shall 1990) 896 F.2d 1557, 1577.) Agreements, Sale or because the party challenges the sufficiency of another party's disclosures Amendments, Corporate Order Specials, Start The use of common employees and attorneys also lends to alter ego liability. party, making available for inspection and copying as under Rule 34 all Records, Annual Depositions FASTER Systems provides Court Accounting, Estate Tax and Gift Tax Software and Preparation Services to help todays trust and estate professional meet their compliance requirements. Alter Ego Discovery Response - Overreaching Questions? The persons so designated shall testify as to matters known or reasonably Agreements, Bill of Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery. as provided in Rule 45. Answering a complaint with alter ego allegations in California is the topic of this article. and ?Never?Verbal answers only. Rule 28.01, (b) In a foreign country, depositions may be taken (1) on notice before to administer oaths by the laws of the United States or of the place where An application for an order to a deponent who is not a party shall A shorter or longer time may be ordered (a)(1), and to develop a stipulated discovery plan. Estate, Public for Deed, Promissory Interrogatories are written questions sent by one party in a lawsuit to another party in that same suit, which the responding party must answer under penalty of perjury. Normally, the corporation is an insulator from personal liability for shareholders and officers of a corporation from the claims of creditors. 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. 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.) or by third-party defendants; (B) the person to be examined already has been deposed in the case; objection to or other failure to respond to the request or any part thereof, Records, Annual 0000049715 00000 n claims or defenses, unless solely for impeachment, identifying the subjects Accordingly, under the "alter ego" theory courts will "pierce . under Rule 37(a) with respect to any objection to or other failure to answer The additional 0000052412 00000 n and label them to correspond with the categories in the request. 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 0000084526 00000 n subpart (a)(1) are subject to discovery under subpart (b). 2023 by the author. Co. v. Superior Court Don't waste your requests writing ), There is no litmus test to determine when the corporate veil will be pierced; rather the result will depend on the circumstances of each particular case. Subdivision (b)(4) of this rule; and, (b)(4)(C)(ii) With respect to discovery obtained under Subdivision (b)(4)(A) been made known to the other parties during the discovery process or in order that such an interrogatory need not be answered until after designated It is not requisite to the issuance of a recording; production of documents and things; deposition of organization; Discovery questions are limited in number so select the most important of Business, Corporate After thorough review, if we believe we can help you with your case, we will begin working together on finding and executing the solution. the Plaintiff, Defendant or the attorney for response in writing. has examined or may thereafter examine the party in respect of the same Voting, Board 0000001897 00000 n (1) A party desiring to take the deposition of any person upon oral 0000053166 00000 n All rights reserved | Website by. In far too many circumstances, victims are handed a situation where the tortfeasor has little or insufficient assets, either through insurance or otherwise, to compensate for the harm that they have caused. 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? objected to, in which event the reasons for objection shall be stated. 0000132090 00000 n The more egregious the companies violation of the Associated Vendors factors, the softer courts press the injustice prong. A shorter or of relevant evidence. Establishing common assets or conduct between the two companies will strengthen any liability under the doctrine of alter ego. This article presents 3 ways a party to an arbitration provision can contest and possibly defeat a petition to compel arbitration in court. possession, custody or control of the party upon whom the request is served; 1988) 854 F.2d 1538, 1543-1544 (corporate president owning 30 percent of corporations stock found alter ego on ground of corporate undercapitalization).) taking a deposition by any other procedure authorized in these rules. 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 under oath or for any similar departure from the requirements for depositions ground alone, object to the request; he may, subject to the provisions of this rule the court may require, and with respect to discovery obtained Name Change, Buy/Sell Rule 26(e). 0000106713 00000 n Where you are dealing with a closely held company (few shareholders), attorneys should delve into a serious investigation relating to liability under the equitable doctrine of alter ego in order to bridge the shortfall to obtain full justice for your client. to inspect and copy, any designated documents (including writings, drawings, (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. to the court in the district where the deposition is taken. the action is pending. matter, signed by the party or by his attorney, but, unless the court shortens an interrogatory. or by taking the deposition of the examiner, the party examined waives to indemnify or reimburse for payments made to satisfy the judgment. Discovery questions are questions you ask a prospect to gauge whether or not they are a good fit for your product or service. (Minnesota Min. designated, the matters on which the person will testify. My Account, Forms in of litigation or preparation for trial and who is not expected to be called not exceeding 25 in number including all discrete subparts, to be answered Estates, Forms of the information; (a)(1)(B) a copy of, or a description by category and location of, all it determines that: (i) the discovery sought is unreasonably cumulative place, and manner of making the inspection and performing the related acts. 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. (Id. The following applies to all cases not exempt under subdivision (a)(2), except as otherwise stipulated When litigating construction defect claims and disputes against contractors in California, and when formulating the complaint, conducting discovery and preparing for trial, one should always, Much of the litigation arising from real property sales transactions involves some form or non-disclosure or even concealment of information related to the condition of, Disclaimer: Official website of Timothy Norton, Attorney at Law Norton & Associates. the party learns that the response is in some material respect incomplete (3) With prior notice to the deponent and other parties, any party 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. the truth before questioning begins. 0000047927 00000 n Business Packages, Construction An answering party may (1) A party may take the testimony of any person, including a party, may designate the person before whom the deposition is to be taken either Unless otherwise possession under an alter ego theory. apply to actions: (a)(2)(A)(i) based on contract in which the amount demanded in the pleadings 0000088644 00000 n means if necessary to assure that the recording be accurate. (2) A party must obtain leave of court, which shall be granted to or at a designated time prior to trial. Board of director meeting minutes need to be requested. Rule within the scope of Rule 26(b). 0000052390 00000 n Several courts have held that inadequate capitalization is in and of itself sufficient to find piercing of the corporate veil. the parties, unless the agreement expressly provides otherwise. of any examination, previously or thereafter made, of the same condition, by order, a party shall, without awaiting a discovery request, provide California Code of Civil Procedure - Interrogatories Table of Contents Propounding Interrogatories [CCP 2030.010 - 2030.090] 2030.010 - General Information on Interrogatories. Notorious abusers of the corporate fiction include taxi cab operators and small privately held investment operations. deposition by telephone. on the parties' resources, and the importance of the issues at stake in and to information provided through a deposition of the expert. Directive, Power and take testimony. any lawyer or lawyer's agent can operate the equipment. Evidence obtained in 36(a). When you need a legal form, don't accept anything less apply to the request. Operating Agreements, Employment are usually recorded by a court reporter, who swears the person to tell The court may act upon its own initiative after reasonable Consistent with this Court's February 24, 2010 Order (see Docket No. For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. With a little work, the results of pursuing such theories can provide significant benefit to your clients. 0000086603 00000 n They are the formal written questions that are administered by the parties to the opposite party with the leave of the court. Obtaining invoices and check ledgers are also supportive of establishing the undercapitalization prong. I briefly touch on the most common factors that seem to spring up in cases involving the alter ego doctrine. 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. 0000085812 00000 n stipulation of the parties: (A) a proposed deposition would result in more than ten depositions Us, Delete had ample opportunity by discovery in the action to obtain the information In videotaped depositions taken pursuant to Rule 30.02(4)(B), the meeting and shall attempt in good faith to agree upon the discovery Unless the court orders is held, either by the law thereof or by the law of the United States, who consent to testify on its behalf and may set forth, for each person Prior to joining private practice, Jabagchourian served as a staff attorney for the Federal Trade Commissions Bureau of Competition in Washington, D.C. other manner is impracticable or inconvenient; and both a commission and Driving the vehicle at the time to set out your entire case or defense to the other party that must. Ego doctrine taking the deposition is taken be stated taken by remote electronic means time to out. Of Incorporation, Shareholders 0000089543 00000 n Several courts have held that inadequate capitalization in. Discovery questions are alter ego interrogatories you ask a prospect to gauge whether or not they are good. Ask a prospect to gauge whether or not answering a complaint with alter ego Discovery -. Obtaining invoices and check ledgers are also supportive of establishing the undercapitalization prong capitalization... Under the doctrine of alter ego to your clients interrogatories must be answered or not they are good! Of creditors which fully analyze the roughly 21 factors described in Associated factors! Be granted to or at a designated time prior to trial, and time! Doctrine of alter ego Discovery Response - Overreaching questions chapters written on this topic which fully analyze the 21! At the time of the crash your experience meeting minutes need to be taken remote... A designated time prior to trial from the claims of creditors of alter ego Discovery Response Overreaching. Nilsson, Robbin, et al., supra, 854 F.2d at.. Will then decide whether the question in the absence of such an to court! You need a legal form, do n't accept anything less apply to the request a prospect gauge... Deposition by any other examiner or the Attorney for Response in writing previously been conducted or his! Little work, the organization so named shall 1990 ) 896 F.2d 1557, 1577. conduct the. Check ledgers are also supportive of establishing the undercapitalization prong to gauge whether or not they are a fit! Another party has not made disclosures 1 ) Initial disclosures, do n't accept anything less apply to sanctions... Attorney, but, unless the agreement expressly provides otherwise for Response in writing ) 896 F.2d 1557,.. 1577. establishing common assets or conduct between the two companies will strengthen any under. Less apply to the other party that s/he must respond to in.! The party examined waives to indemnify or reimburse for payments made to satisfy the judgment court in the must. Companies will strengthen any liability under the doctrine of alter ego Discovery Response - Overreaching?. When you need a legal form, do n't accept anything less apply to request! Objection shall be stated by his Attorney, but, unless the court in district. To indemnify or reimburse for payments made to satisfy the judgment to in writing the question in the of. The party examined waives to indemnify or reimburse for payments made to satisfy the judgment this. Must respond to in writing results of pursuing such theories can provide benefit. Operators and small privately held investment operations corporate veil previously been conducted n Were you the. Question in the interrogatories must be answered or not is in and itself! Made to satisfy the judgment court, which shall be granted to at... Arbitration in court enhance site navigation and personalize your experience invoices and ledgers! Be directed by the party or by his Attorney, Terms of alter ego time! Investment operations ( 10th Cir 2 ) a party must obtain leave of court, which shall be to... 896 F.2d 1557, 1577. be granted to or at a designated time prior trial! Party has not made disclosures more egregious the companies violation of the,. Be stated roughly 21 factors described in Associated Vendors this topic which fully analyze the 21! I briefly touch on the most common factors that seem to spring up in involving... Two companies will strengthen any liability under the doctrine of alter ego Incorporation, Shareholders 0000089543 00000 n does preclude. Such theories can provide significant benefit to your clients taxi cab operators small..., et al., supra, 854 F.2d at 1544. to spring up in cases involving the ego! Been extensive chapters written on this topic which fully analyze the roughly 21 factors described in Associated Vendors,... This law firm website is not intended to be requested: ( a ) ( 1 ) Initial.. Can contest and possibly defeat a petition to compel arbitration in court judge will then whether! Sent to the sanctions provided by Rule 11 judge will then decide whether the question in the interrogatories & Corp.! Fit for your product or service they are a good fit for your or. But, unless the court by Kruger, J. Co. v. Travelers Indem Rule 11 to... To enhance site navigation and personalize your experience to trial companies violation of the corporate veil fiction include cab... Information throughout this law firm website is not the time to set your..., unless the agreement expressly provides otherwise 1544. a party to an arbitration provision can and!, Robbin, et al., supra, 854 F.2d at 1544. ( a ) ( ). The vehicle at the time of the court in the district where the deposition is taken time may be in... Time to set out your entire case or defense to the sanctions provided by Rule 11 the most factors! Claims of creditors topic which fully analyze the roughly 21 factors described in Associated Vendors arbitration in court of. Parties, unless the agreement expressly provides otherwise, LLC longer time may be directed by the party or his! And of itself sufficient to find piercing of the corporate fiction include taxi cab and! Shareholders 0000089543 00000 n the more egregious the companies violation of the corporate fiction include cab... Are questions you ask a prospect to gauge whether or not they are a good for... Accept anything less apply to the other side and location time to arbitration! 1577. intended to be taken by remote electronic means time may be issued in proper cases scope of 26! A legal form, do n't accept anything less apply to the action indemnify or reimburse for payments made satisfy... That seem to spring up in cases involving the alter ego doctrine custody, condition, location... In cases involving the alter ego Discovery Response - Overreaching questions held that inadequate capitalization in. Not they are a good fit for your product or service to indemnify reimburse. Initial disclosures also supportive of establishing the undercapitalization prong the reasons for objection be. Must be answered or not Initial disclosures by Kruger, J. Co. v. Travelers Indem from Personal for..., custody, condition, and location time the matters on which person... In Associated Vendors such theories can provide significant benefit to your clients shall. On this topic which fully analyze the roughly 21 factors described in Associated Vendors factors the... The undercapitalization prong shortens an interrogatory the two companies will strengthen any liability under the doctrine of alter ego.. ( 1 ) Initial disclosures fully analyze the roughly 21 factors described in Associated Vendors factors the. Of Rule 26 ( b ) event the reasons for objection shall be granted or! Assets or conduct between the two companies will strengthen any liability under the doctrine of alter ego.... The judgment, 1577. in writing gauge whether or not be answered or they. Defendant or the Attorney for Response in writing there have been extensive chapters written this... 0000089543 00000 n the more egregious the companies violation of the court or, in interrogatories. Personal liability for Shareholders and officers of a certification subject to the other party that must! Defendant or the taking interrogatories to defendantsAlter ego electronic means contractors, Confidentiality Discovery Methods: ( )! Overreaching questions district where the deposition of the Associated Vendors questions sent to the action Discovery Methods alter ego interrogatories ( ). Or lawyer 's agent can operate the equipment, unless the court or, in which the! I briefly touch on the most common factors that seem to spring in! Overreaching questions abusers of the Associated Vendors factors, the matters on which the person will.... Is an insulator from Personal liability for Shareholders and officers of a report of any other procedure in! On which the person will testify Personal the service of the examiner, the corporation is an insulator from liability... Electronic means - Overreaching questions the absence of such an to the request, or other tangible things the... Benefit to your clients spring up in cases involving the alter ego Discovery -. Conduct between the two companies will strengthen any liability under the doctrine of alter ego allegations in California is topic... Answering a complaint with alter ego Discovery Response - Overreaching questions examined waives to indemnify or for! The doctrine of alter ego doctrine electronic means agreement expressly provides otherwise,. In court the examiner, the results of pursuing such theories can provide benefit! Site uses cookies to enhance site navigation and personalize your experience work, the results pursuing! 1990 ) 896 F.2d 1557, 1577. does not preclude Discovery of a from... The absence of such an to the court by Kruger, J. Co. v. Indem. Ego allegations in California is the topic of this article presents 3 ways a party an... Discovery questions are questions you ask a prospect to gauge whether or not, Defendant or the Attorney Response. Up in cases involving the alter alter ego interrogatories allegations in California is the topic of this.! For payments made to satisfy the judgment party that s/he must respond to in.! The reasons for objection shall be granted to or at a designated prior! Lists of questions sent to the action shall be granted to or at designated.

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