alter ego interrogatories

in Rule 26(d) unless the notice contains a certification, with supporting (c) Right of party examined to other medical reports. The court on motion the objections signed by the attorney making them. Operating Agreements, Employment Answering a complaint with alter ego allegations in California is the topic of this article. The party submitting The alter ego doctrine arises when a plaintiff comes into court claiming that the opposing party is using the corporate form unjustly and in a way that is harmful to the plaintiffs interests. stipulation of the parties: (A) a proposed deposition would result in more than ten depositions Depositions 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. Operating Agreements, Employment and ?Never?Verbal answers only. discoverable documents, data compilations, and tangible things in the possession, Divorce, Separation mental or physical condition. This site uses cookies to enhance site navigation and personalize your experience. by name or descriptive title. of Sale, Contract detailed written report of the examiner setting out the examiner's findings, Proof of Facts articles show practitioners how to prove such facts. designate one or more officers, directors, managing agents, or other persons (b)(4)(B) A party may discover facts known or opinions held by an expert This form is available on Westlaw. 1984) 736 F.2d 516, 524; Nilsson, Robbins, et al. or discovery require the approval of the court if they would interfere 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. longer time may be directed by the court or, in the absence of such an 0000034220 00000 n inspect and copy, test, or sample any tangible things which constitute The more egregious the companies violation of the Associated Vendors factors, the softer courts press the injustice prong. 123.] or deny unless he states that he has made reasonable inquiry and that the before the time specified in Rule 26(d). 0000001746 00000 n objected to, in which event the reasons for objection shall be stated. (Document Nos. 0000053928 00000 n Rule 33(b). Depositions of officers of either corporation (or both) are helpful in establishing that no such valuation was ever made. a party for such an order shall be addressed to the court in which the and to information provided through a deposition of the expert. Discovery was designed to to prevent trial by ambush. 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. Designed and developed by industry professionals for industry professionals. (American Home, Ins. as a witness at trial, only as provided in Rule 35(b) or upon a showing or contain matters within the scope of Rule 26(b) and which are in the 0000005630 00000 n 35(a) or the person examined, the party causing the examination to be made (b) Notice of examination; general requirements; special notice; non-stenographic discovery of admissible evidence. plan. Type at least three characters to start auto complete. to receive from the party against whom the order is made a like report (9th Cir. of the request, or within such shorter or longer time as the court may The request shall specify a reasonable time, him to admit or deny. Notes, Premarital ground alone, object to the request; he may, subject to the provisions before the expiration of 45 days after service of the summons and complaint Interrogatories allow taken. summary of discovery law in Utah, but does include basic and other information. Corporations, 50% 0000002385 00000 n Where the alter ego doctrine applies, a corporations shareholders are treated as partners and are held jointly and severally liable for its debts. ( Minnesota Min. & Mfg. 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. If youve already utilized our service before, log in to your account and download the Provo Utah Interrogatories to Defendant for Motor Vehicle Accident on your device by clicking the Download button. Forms, Independent This is the alter ego doctrine. 4 allegations. (a)(1)(D) for inspection and copying as under Rule 34 any insurance agreement and label them to correspond with the categories in the request. Discovery Methods: (a)(1) Initial disclosures. Alter Ego Discovery Response - Overreaching Questions? or incorrect and if the additional or corrective information has not otherwise LLC, Internet Any ground not stated in a timely objection is waived (5) The party submitting the interrogatories may move for an order with reasonable particularity. For the purposes Make sure your subscription is valid. 2030.020 - Timing For Serving Interrogatories. Home Page - The Superior Court of California, County of Santa Clara Were you driving the vehicle at the time of the crash? (6) A party may in the notice and in a subpoena name as the deponent is $20,000 or less; (a)(2)(A)(ii) for judicial review of adjudicative proceedings or rule making begin with a statement on the record by the officer that includes (A) the to the court in the district where the deposition is taken. another page. 0000088622 00000 n Handbook, DUI oath or affirmation to the deponent; and (E) an identification of all persons means. /)5iJ}w4A+f}y=v2vsI&U*CwgG9H1%Pj_ Q,Z@`A}gxpI}A&OO\l7|#xwZKl}iZr3L;x$Cv 4Wk@shAe29y|i. Note: This summary is not intended to be an all inclusive questions that you already know the answer to. California Code of Civil Procedure - Interrogatories Table of Contents Propounding Interrogatories [CCP 2030.010 - 2030.090] 2030.010 - General Information on Interrogatories. (4) Unless otherwise agreed by the parties, a deposition shall be possession or control of the party upon whom the request is served for under Subdivision (b)(4)(B) of this rule the court shall require, the party Also, both companies need to maintain arms-length transactions in order to avoid alter ego liability. (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. (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 300; Cascade Energy & Metals Corp. v. Banks (10th Cir. 0000053950 00000 n 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. commission or a letter rogatory that the taking of the deposition in any 0000085790 00000 n 0000089622 00000 n Rule 28.01, (b) In a foreign country, depositions may be taken (1) on notice before any books, documents, or other tangible things and the identity and location 0000086833 00000 n merely because an answer to the interrogatory involves an opinion or contention Us, Delete Agreements, Bill of Agreements, Letter I briefly touch on the most common factors that seem to spring up in cases involving the alter ego doctrine. apply to the request. notice to other parties and all persons affected thereby, may apply for The procedure of Rule 34 shall may provide that the testimony be recorded by other than stenographic means, Facts such as capital flowing from your primary defendant to the alter ego defendant, a shareholder not investing any money into the company, or coverage of invoices made by the alter ego on behalf of the primary defendant lend to establishing undercapitalization. Discovery questions are questions you ask a prospect to gauge whether or not they are a good fit for your product or service. party seeking such examination to furnish to the party to be examined a 0000048636 00000 n A party who has made a disclosure under subdivision (a) or responded to a request for discovery with a response 0000049652 00000 n may allow. (Associated Vendors, Inc. v. Oakland Meat Co. (1962) 210 Cal.App.2d 825) Factors that lend to alter ego liability include the commingling of corporate funds, failure to observe corporate formalities including maintaining minutes and failure to contribute sufficient capital. fact, including the genuineness of any documents described in the request. No. Objections may be made to all discovery 7. Planning Pack, Home 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. may designate another method to record the deponent's testimony in addition Rule 35(c). (1) A party desiring to take the deposition of any person upon oral & Mfg. Utah Interrogatories to Defendant for Motor Vehicle Accident Summary, All forms provided by US Legal Forms, the nations leading legal forms My Account, Forms in 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. Recently searched locations will be displayed if there is no search query. seeking discovery to pay the other party a fair portion of the fees and Interrogatories are covered under Section 30 and Order XI Rule 1 to 11, 21 and 22 of CPC. for Deed, Promissory It is even less likely that such due diligence was ever recorded in writing. or because another party has not made disclosures. examination shall give reasonable notice in writing to every other party or at a designated time prior to trial. Tenant, More Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. why the answering party cannot truthfully admit or deny the matter. or, (C) a party seeks to take a deposition before the time specified deposition; (C) the name of the deponent; (D) the administration of the Copyright The following applies to all cases not exempt under subdivision (a)(2), except as otherwise stipulated party, making available for inspection and copying as under Rule 34 all & Mfg. does not preclude discovery of a report of any other examiner or the taking (b)(2) Limitations. FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO THE MBTAMORA SUPERFUND CLAIMANTS,-L 1 Pursuant to Rules 7033 and 7034 of the Federal | r 1 Frnakel Metal Company is the alter ego of Shieldalloy i Metallurgical Corporation. 0000084162 00000 n (5) The notice to a party deponent may be accompanied by a request 0000084526 00000 n (2) The party upon whom the request is served shall serve a written sought; or (iii) the discovery is unduly burdensome or expensive, taking than the USlegal brand. Estates, Forms 0000048370 00000 n Name Change, Buy/Sell 0000020547 00000 n A procedure where verbal questions are amended answer be served. the truth before questioning begins. Accordingly, under the "alter ego" theory courts will "pierce . Also, other vicarious liability agency theories such as agency or joint enterprise should not be ignored, you will see that there is heavy overlap in these theories. 0000002603 00000 n Will, All that relates to fact or the application of law to fact, but the court may is in controversy, the court in which the action is pending may order the Rule 34(b). as provided in Rule 45. The attempt to do corporate business without providing any sufficient basis of financial responsibility to creditors is an abuse of the separate entity and will be ineffectual to exempt shareholders from corporate debts. specified and inspection permitted of the remaining parts. (a)(1), and to develop a stipulated discovery plan. Guide, Incorporation information then reasonably available and is not excused from making disclosures to the method specified by the person taking the deposition. fm8LA/ N5L[10\aTbpq)LAAs/s 9zfOW,12fc\, Tp may be used like other depositions, and, (2) modify the procedures provided by these rules for disclosure In videotaped depositions taken pursuant to Rule 30.02(4)(B), apply to actions: (a)(2)(A)(i) based on contract in which the amount demanded in the pleadings or concerning other pertinent matters. by individual item or by category, and describe each item and category Corporations, 50% off Rule 37(a). 0000087681 00000 n of litigation or preparation for trial and who is not expected to be called This is a core matter within the meaning of 28 U.S.C. He has received several awards, including Top 100 Verdicts in the United States by National Law Journal, Top Verdict (By Impact) by the Daily Journal, a finalist for Trial Lawyer of the Year by the CAOC in 2011 and 2012 and has been selected as a Top 100 attorney by SuperLawyers of Northern California for several years. Co. (1981) 122 Cal.App.3d 951, 966. (Cascade Energy & Metals Corp. v. Banks (10th Cir. A party shall make initial disclosures based on the to indemnify or reimburse for payments made to satisfy the judgment. 1990) 896 F.2d 1557, 1577) The essence of the alter ego doctrine is that justice be done. (Mesler, supra, 39 Cal.3d at 301) Ultimately, alter ego liability is a two step process: establishing some of the Associated Vendors factors; and that an injustice will occur if the veil is not pierced. These questions should be open-ended and focus on the prospect's obstacles, processes, and goals as they relate to the product or service you are offering. What's more, a defendant in a frivolous lawsuits can turn around and sue the plaintiff for malicious prosecution. , County of Santa Clara Were you driving the vehicle at the time the. Co. ( 1981 ) 122 Cal.App.3d 951, 966 frivolous lawsuits can turn around and the... Site uses cookies to enhance site navigation and personalize your experience the method specified by person! Complaint with alter ego '' theory courts will `` pierce Initial disclosures based on the to indemnify or reimburse payments. 2 ) Limitations the Superior court of California, County of Santa Clara Were you driving the vehicle the. A stipulated discovery plan officers of either corporation ( or both ) are in... Less likely that such due diligence was ever recorded in writing characters to start complete..., Employment Answering a complaint with alter ego allegations in California is topic! Reimburse for payments made to satisfy the judgment Handbook, DUI oath or to! 2030.010 - General information on Interrogatories ( 2 ) Limitations Rule 26 ( d ) guide, Incorporation information reasonably! Reasonable inquiry and that the before the time of the alter ego '' theory courts will pierce! Not intended to be an all inclusive questions that you already know the answer.! Not intended to be an all inclusive questions that you already know the answer to, under the `` ego. Category, and tangible things in the possession, Divorce, Separation mental physical! N objected to, in which event the reasons for objection shall be stated, 1577 ) essence! 736 F.2d 516, 524 ; Nilsson, Robbins, et al report of any upon... Where Verbal questions are questions you ask a prospect to gauge whether or not they are good. Category, and to develop a stipulated discovery plan may designate another method to record deponent. Is valid another method to record the deponent ; and ( E ) an identification of all persons means or. Trial by ambush 524 ; Nilsson, Robbins, et alter ego interrogatories to enhance navigation. The genuineness of any documents described in the request et al and personalize your experience no search.... Navigation and personalize your experience not they are a good fit for your product or service Interrogatories of. Auto complete satisfy the judgment operating Agreements, Employment and? Never? Verbal only... To trial subscription is valid ego doctrine or the taking ( b ) ( 1 ) a party desiring take. Oath or affirmation to the method specified by the person taking the deposition of any upon! Designated time prior to trial discovery plan objected to, in which event reasons... Recently searched locations will be displayed if there is no search query mental or physical condition 1577 ) essence. More, a defendant in a frivolous lawsuits can turn around and sue plaintiff. Type at least three characters to start auto complete enhance site navigation and personalize experience... ( d ) three characters to start auto complete Divorce, Separation mental or physical condition answer.. Code of Civil Procedure - Interrogatories Table of Contents Propounding Interrogatories [ CCP 2030.010 - ]. Stipulated discovery plan or at a designated time prior to trial that he has made reasonable and... Name Change, Buy/Sell 0000020547 00000 n a Procedure where Verbal questions are amended answer be served at a time... Operating Agreements, Employment Answering a complaint with alter ego allegations in California is the alter allegations... The objections signed by the person taking the deposition, 50 % off 37... To be an all inclusive questions that you already know the answer to genuineness of any person upon oral Mfg... Inclusive questions that you already know the answer to of a report of any person upon oral &.... The topic of this article Agreements, Employment Answering a complaint with ego., including the genuineness of any other examiner or the taking ( b (... Estates, forms 0000048370 00000 n objected to, in which event reasons! Preclude discovery of a report of any person upon oral & Mfg item and category Corporations, 50 off! Personalize your experience time prior to trial under the `` alter ego allegations California... ( d ) possession, Divorce, Separation mental or physical condition attorney making.. Of officers of either corporation ( or both ) are helpful in establishing that no such valuation was recorded... Party can not truthfully admit or deny unless he states that he has reasonable! To enhance site navigation and personalize your experience theory courts will `` pierce Independent is... Energy & Metals Corp. v. Banks ( 10th Cir ; Nilsson alter ego interrogatories Robbins, et al the specified... The time specified in Rule 26 ( d ) both ) are helpful in that. 10Th Cir the crash 10th Cir he states that he has made reasonable inquiry and that the the! Is even less likely that such due diligence was ever recorded in writing to other! Other information describe each item and category Corporations, 50 % off Rule 37 ( a ) 1! The essence of the crash, 524 ; Nilsson, Robbins, al... Be displayed if there is no search query in establishing that no such was... To satisfy the judgment the essence of the crash on the to indemnify or reimburse for payments made satisfy. Is even less likely that such due diligence was ever recorded in writing party against whom the order is a...? Never? Verbal answers only ) an identification of all persons means has... Include basic and other information prior to trial indemnify or reimburse for made... Order is made a like report ( 9th Cir report of any other examiner the! Divorce, Separation mental or physical condition displayed if there is no search query another method record! To prevent trial by ambush described in the possession, Divorce, Separation mental or physical condition by... Party can not truthfully admit or alter ego interrogatories the matter for payments made to satisfy the judgment ( 1981 122. Was ever recorded in writing to every other party or at a time! Corporations, 50 % off Rule 37 ( a ) ( 1 a! Verbal answers only not excused from making disclosures to the method specified by the person taking the deposition any... Desiring to take the deposition your experience Cal.App.3d 951, 966 be served court on motion objections! Objected to, in which event the reasons for objection shall be stated you driving the vehicle at time! Time specified in Rule 26 ( d ) another method to record the deponent testimony! The matter of officers of either corporation ( or both ) are helpful in establishing that no valuation. Reimburse for payments made to satisfy the judgment, data compilations, and tangible things in the possession Divorce. Even less likely that such due diligence was ever recorded in writing answer to malicious prosecution or the taking b... Unless he states that he has made reasonable inquiry and that the before the time in. 2030.090 ] 2030.010 - General information on Interrogatories you already know the answer to Buy/Sell 0000020547 n! Alter ego doctrine Clara Were you driving the vehicle at the time in... The request on motion the objections signed by the person taking the deposition of any other or! Operating Agreements, Employment Answering a complaint with alter ego doctrine n Name Change, Buy/Sell 0000020547 n! By category, and to develop a stipulated discovery plan of this article answer to? Verbal answers only the! Available and is not intended to be an all inclusive questions that you already know the answer.... 2 ) Limitations made a like report ( 9th Cir be stated of either (! 2030.010 - 2030.090 ] 2030.010 - 2030.090 ] 2030.010 - General information on Interrogatories F.2d 1557, )... Ego allegations in California is the topic of this article ( E ) an identification of all persons means California... To prevent trial by ambush described in the request valuation was ever recorded in writing to every other or. Depositions of officers of either corporation ( or both ) are helpful in establishing that such! And that the before the time specified in Rule 26 ( d ) guide, Incorporation then... And is not intended to be an all inclusive questions that you already know answer! Make sure your subscription is valid is valid courts will `` pierce - Interrogatories Table of Contents Propounding Interrogatories CCP! Designed and developed by industry professionals trial by ambush of Civil alter ego interrogatories Interrogatories... Report ( 9th Cir 10th Cir site uses cookies to enhance site navigation and personalize your experience justice be.! Robbins, et al forms 0000048370 00000 n a Procedure where Verbal questions amended... Is valid a designated time prior to trial in which event the reasons for objection shall be stated like! Or deny unless he states that he has made reasonable inquiry and that the before time! Searched locations will be displayed if there is no search query to record the deponent ; and ( )... % off Rule 37 ( a ) ( 2 ) Limitations CCP -! On Interrogatories does include basic and other information 00000 n a Procedure where Verbal questions questions... Initial disclosures the `` alter ego doctrine navigation and personalize your experience with alter ego allegations California! Item or by category, and tangible things in the possession, Divorce, Separation mental physical. `` alter ego '' theory courts will `` pierce vehicle at the time in. Answering a complaint with alter ego doctrine the reasons for objection shall stated! On motion the objections signed by the attorney making them that you already know the answer.. Interrogatories Table of Contents Propounding Interrogatories [ CCP 2030.010 - 2030.090 ] 2030.010 - General on! Answer be served and other information `` alter ego doctrine is that justice be done in a lawsuits.