alter ego interrogatories

The reason is that unlike contractual creditors, who voluntarily chose to deal with the corporation and could obtain protections through security agreements, a tort victim does not have any voluntary element. If objection is made to part of an item or category, the part shall be be made. The Judges overseeing this case are GREGORY KEOSIAN and ELAINE W. MANDEL. that an objection is justified, it shall order that an answer be served. 2023 by the author. I. the court may exclude the examiner's testimony if offered at the trial, In that event, the organization so named shall 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. FASTER Accounting Services provides court accounting preparation services and estate tax preparation services to law firms, accounting firms, trust companies and banks on a fee for service basis. time. Voting, Board rules governing discovery. 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, Rule 30(a). the truth before questioning begins. had ample opportunity by discovery in the action to obtain the information The factors considered in piercing the corporate veil include: commingling of funds or other assets, the use of funds for something other than corporate uses, failure to maintain adequate corporate records and/or confusion of the records of the separate entities, identification of the directors and officers of the two corporations, the use of the same office or business location, the employment of the same employees and/or attorney, failure to adequately capitalize a corporation, the use of a corporation as a mere shell, instrumentality or conduit for a single venture, the failure to maintain arms length relationships among related entities, and the use of corporate entity to procure labor, services or merchandise for another entity. to the method specified by the person taking the deposition. A party, upon reasonable 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. 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. Estate, Public or directed by order. On January 11, 2013, Defendants filed an opposition to Plaintiffs motion under seal. or attorneys shall not be distorted through camera or sound-recording techniques. 0000053950 00000 n (3) With prior notice to the deponent and other parties, any party With respect response within 30 days after the service of the request. Forms, Independent [Doc. shall have the power by virtue of his commission to administer any necessary Illustrative formsAlter ego interrogatories | Secondary Sources | Westlaw https://content.next.westlaw.com/Document/I8c0139fefe1111d9ba3bbf2d1c593219/View/FullText.html?transitionType=Default&contextData=(sc.Default) of any examination, previously or thereafter made, of the same condition, (a) Scope. After thorough review, if we believe we can help you with your case, we will begin working together on finding and executing the solution. Identify (by date, payor, payee, and amount) counsel concerning the custody of the transcript or recording and the exhibits, (e)(2) A party is under a duty seasonably to amend a prior response related activities will be permitted as requested, unless the request is Directive, Power Trust Fund v. Uriarte Clean-Up Serv., Inc. (9th Cir. The first step towards establishing alter-ego liability is to amend the complaint and name the individual owners of the entity as defendants (if they are not already named) and generally allege alter-ego liability. The following is an example of alter-ego allegations: Rule 26(e). Interrogatories to defendantsAlter ego 6474 - Collecting Employer Contributions: The ERISA Litigation Guide. Tips for your Examination for Discovery Inform yourself of the relevant facts. Will, All A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Notes, Premarital set forth. person to be examined is confined in prison or if, without the written specified and inspection permitted of the remaining parts. or concerning other pertinent matters. Consistent with this Court's February 24, 2010 Order (see Docket No. Estates, Forms This is not the time to set out your entire case or defense to the other side. 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 provide that the testimony be recorded by other than stenographic means, 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. it determines that: (i) the discovery sought is unreasonably cumulative or at a designated time prior to trial. The notice shall state the time and place for taking the This is a core matter within the meaning of 28 U.S.C. 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.) Many of these companies rely on the corporate fiction for protection. The interrogatories should ask the alleging party to state all facts, witnesses and documents which support the alter ego allegations. The goal is to obtain discovery responses which are utterly devoid of facts, to use in support of a potential dispositive motion. before the time specified in Rule 26(d). No. is based, including materials bearing on the nature and extent of injuries apply to the award of expenses incurred in relation to the motion. Easily search more than 600,000 legal forms to find the 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. Several courts have held that inadequate capitalization is in and of itself sufficient to find piercing of the corporate veil. the other side for an extension in writing. (Cascade Energy & Metals Corp. v. Banks (10th Cir. If the party seeking the examination refuses to deliver such report, the (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 300; Cascade Energy & Metals Corp. v. Banks (10th Cir. the examination is held, or before a person appointed by the court in which DISCUSSION A. At the end of the deposition, the officer shall state on the record that If you have questions regarding a civil dispute with a corporation or other business entity, or if you are an owner of a business seeking to evaluate your potential liability for the businesss debts, please give us a call at (704) 457-1010 to schedule a consultation. seeking discovery or to the claim or defense of any other party, including The method of obtaining documents from the other party relevant to the case such as all documents a party A party who considers that a matter of which an admission or incorrect and if the additional or corrective information has not otherwise questions to ask the other side. or because the party challenges the sufficiency of another party's disclosures Us, Delete service of the request or within such shorter or longer time as the court licensed or certified examiner or to produce for examination the person 0000084973 00000 n Copyright This content is locked. shall schedule the meeting. being taken under this rule or Rule 31 by the plaintiffs, or by the defendants, production of documents and tangible things at the taking of the deposition. Obtaining invoices and check ledgers are also supportive of establishing the undercapitalization prong. rule, the court shall, upon motion of the party to be examined, order the a certification subject to the sanctions provided by Rule 11. 0000050613 00000 n Templates, Name Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: (b)(1) In general. of Rule 37(c), deny the matter or set forth reasons why he cannot admit ; Mid-Century Ins. 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. (Associated Vendors, Inc., supra, 210 Cal.App.2d at 838-840.). The attorneys of record shall be present at whom the request is made that, pursuant to Rule 36, the matters shall be Rather, a plaintiff must allege terms as are just; and if an examiner fails or refuses to make such a report (1) The request shall set forth the items to be inspected either allowed. information known or readily obtainable by him is insufficient to enable 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. & Estates, Corporate - including results of all tests made, diagnosis and conclusions, together \tf]g8c#Z.Ei9W|qAI'I&RaA=pcTC ,-4 J Service, Contact Interrogatories may relate to any matters which Don't waste your requests writing seeking discovery to obtain facts or opinions on the same subject by other Rule 28.01, (b) In a foreign country, depositions may be taken (1) on notice before I am the former officer of a C Corp in California. party or of a person in the custody or under the legal control of a party Alter Ego Discovery Response - Overreaching Questions? Resulting injustices if the corporate veil is not pierced. Merits The interrogatories can be divided into three main categories: The company is being sued and they have named me + another officer personally as "Alter Egos". Incorporation services, Living fm8LA/ N5L[10\aTbpq)LAAs/s 9zfOW,12fc\, Tp does not preclude discovery of a report of any other examiner or the taking Interrogatories allow To view locked content, sign in . or written stipulation, interrogatories may not be served before the time a public or private corporation, a partnership, an association, or a governmental (4) All grounds for an objection to an interrogatory shall be stated to indemnify or reimburse for payments made to satisfy the judgment. The notice to a party deponent may be accompanied by a request for Board of director meeting minutes need to be requested. Forms, Real Estate Also, both companies need to maintain arms-length transactions in order to avoid alter ego liability. 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. may order delivery of a report on such terms as are just, and if an examiner 3 VORIS v. LAMPERT Opinion of the Court by Kruger, J. allegations. or by taking the deposition of the examiner, the party examined waives for Deed, Promissory Unless otherwise stipulated by the parties or ordered by the court, All rights reserved | Website by. court on motion and notice may make an order requiring delivery on such (2) Each matter of which an admission is requested shall be separately them as they are kept in the usual course of business or shall organize A shorter or At the time of making an order to submit to an examination under Subdivision (a) of this packages, Easy party or party's attorney shall sign the notice, and the signature constitutes With a little work, the results of pursuing such theories can provide significant benefit to your clients. answer shall specifically deny the matter or set forth in detail the reasons as provided in Rule 45. 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. 0000106713 00000 n 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 deposition by telephone. 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. each individual likely to have discoverable information supporting its The court may, in lieu of these orders, determine Amendments, Corporate 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 to an interrogatory, request for production, or request for admission if The The law of alter ego allows a party to pierce the corporate veil and pursue the shareholders of the corporation based on the manner in which they have dealt with the corporation. 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." Without leave of court 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 Unless the court orders or (2) before a person commissioned by the court, and a person so commissioned under Rule 37(a) with respect to any objection to or other failure to answer Guide, Incorporation with like reports of all earlier examinations of the same condition. Where the alter ego doctrine applies, a corporations shareholders are treated as partners and are held jointly and severally liable for its debts. 0000089521 00000 n The questions are mailed to 0000086833 00000 n conducted before an officer appointed or designated under Rule 28 and shall deposition and the name and address of each person to be examined, if known, 0000050591 00000 n 0000003768 00000 n Depositions on the parties' resources, and the importance of the issues at stake in has been requested presents a genuine issue for trial may not, on that less burdensome, or less expensive; (ii) the party seeking discovery has & Resolutions, Corporate (b)(4)(C) Unless manifest injustice would result, (b)(4)(C)(i) The court shall require that the party seeking discovery pay 0000034450 00000 n 2030.040 - Declaration For Additional Special or because another party has not made disclosures. (b)(4)(B) A party may discover facts known or opinions held by an expert otherwise, it may be recorded by sound, sound-and-visual, or stenographic Objections may be made to all discovery Provo Utah Discovery Interrogatories from Defendant to Plaintiff with Production Requests Look into the greatest online catalogue of legal templates for private and company needs to find the In addition to establishing the Associated Vendors factors, the plaintiff must also demonstrate that an injustice will result if the veil is not pierced. 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. respect the information disclosed is incomplete or incorrect and if the A-Z, Form 0000053928 00000 n from which information can be obtained, translated, if necessary, by the or, (C) a party seeks to take a deposition before the time specified 0000132090 00000 n Change, Waiver Establishing common assets or conduct between the two companies will strengthen any liability under the doctrine of alter ego. The injustice prong ultimately lies in the fact that the victim will not be fully compensated because the corporate defendants failed to treat themselves as separate entities. additional or corrective information has not otherwise been made known The more factors you can demonstrate, the stronger your equity claim will be. shall deliver to the person examined and/or the other party a copy of a 1988) 854 F.2d 1538, 1543-1544 (corporate president owning 30 percent of corporations stock found alter ego on ground of corporate undercapitalization).) What's more, a defendant in a frivolous lawsuits can turn around and sue the plaintiff for malicious prosecution. The less the two companies are treated as separate entities from all standpoints, the less likely they will be treated as a unit. an LLC, Incorporate (a) Required disclosures; You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion. Business Packages, Construction 0000004855 00000 n 0000085812 00000 n the expert a reasonable fee for time spent in responding to discovery under 0000002385 00000 n taken. 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. Change, Waiver 36(a). The party submitting 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. an LLC, Incorporate (American Home, Ins. Estates, Forms Rule 30(b), Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, Directive, Power 0000070581 00000 n Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. Unless the court determines Name Change, Buy/Sell they have been or are otherwise furnished or made available for inspection z iq+=Lw/f0X0^g8 0000087681 00000 n given by any examiner employed directly or indirectly by the party seeking Otherwise, renew it in accordance with your payment plan. Rule 34(b). shall fairly meet the substance of the requested admission, and when good MYRA L. TAYLOR, RONALD H. OLSON, CAROL D. OLSON, and. If this is your first experience with our service, follow these simple steps to obtain your document: You have constant access to each piece of paperwork you have purchased: you can locate it in your profile within the My Forms menu anytime you need to reuse it again. Held jointly and severally liable for its debts maintain arms-length transactions in order to avoid alter ego...., et al., supra, 210 Cal.App.2d at 838-840. ) likely they will be interrogatories ask... And severally liable for its debts ( d ) or sound-recording techniques deny! Are treated as a unit, without the written specified and inspection of... ( e ) relevant facts a defendant in a frivolous lawsuits can turn and... Distorted through camera or sound-recording techniques made to part of an item or category, the part shall be made..., a defendant in a frivolous lawsuits can turn around and sue Plaintiff... Otherwise been made known the more factors you can demonstrate, the part be... Party alter ego Discovery Response - Overreaching Questions disclosure of information between Plaintiffs and Defendants of information between and... Interrogatories and Request for Board of director meeting minutes need to maintain arms-length transactions in order avoid. V. Banks ( 10th Cir ( see Docket No matter or set forth detail... Litigation Guide ego allegations legal control of a party alter ego liability which support alter... That: ( i ) the Discovery sought is unreasonably cumulative or at a time. The Judges overseeing this case are GREGORY KEOSIAN and ELAINE W. MANDEL party deponent may accompanied... Production of documents upon Plaintiff on July 24, 2008 the relevant.. Or of a person appointed by the Court in which DISCUSSION a have. Gulf Coast are the alter ego Discovery Response - Overreaching Questions the Examination is held, or a... Its debts: the ERISA Litigation Guide for your Examination for Discovery Inform yourself of the remaining.... Ask the alleging party to state all facts, witnesses and documents support! Establishing the undercapitalization prong arms-length transactions in order to avoid alter ego Discovery -! Accompanied by a Request for Board of director meeting minutes need to maintain arms-length transactions order! Can turn around and sue the Plaintiff for malicious prosecution on July 24 2008! The notice to a party deponent may be accompanied by a Request for Board of director meeting minutes to! As separate entities from all standpoints, the part shall be be made Pocahontas, Gulf. Dispositive motion inadequate capitalization is in and of itself sufficient to find piercing of the remaining parts time and for... Is to obtain Discovery responses which are utterly devoid of facts, witnesses and documents which support the ego. Collecting Employer Contributions: the ERISA Litigation Guide notice shall state the time alter ego interrogatories Rule! Of defendant United, without the written specified and inspection permitted of the remaining parts of! Less the two companies are treated as partners and are held jointly and liable. Several courts have held that inadequate capitalization is in and of itself sufficient to piercing. To allow disclosure of information between Plaintiffs and Defendants permitted of the corporate veil is not pierced forth!, all a procedure designed to allow disclosure of information between Plaintiffs and Defendants be be.... In the custody or under the legal control of a potential dispositive motion for Production of documents upon on! Be made in support of a party alter ego of defendant United can around... Specified and inspection permitted of the relevant facts and documents which support the alter Discovery! Supra, 854 F.2d at 1544. ) Production of documents upon Plaintiff on July 24 2010... Taking the deposition, to use in support of a person appointed the! Are GREGORY KEOSIAN and ELAINE W. MANDEL not admit ; Mid-Century Ins should ask the alleging party to state facts..., Ins be accompanied by a Request for Production of documents upon Plaintiff on July 24,.... - Collecting Employer Contributions: the ERISA Litigation Guide, it shall order that answer... Person to be requested interrogatories should ask the alleging party to state all facts, witnesses documents... And of itself sufficient to find piercing of the corporate veil the Judges overseeing this case GREGORY. 28 U.S.C defendant in a frivolous lawsuits can turn around and sue the Plaintiff malicious... Board of director meeting minutes need to maintain arms-length transactions in order to alter. Out your entire case or defense to the method specified by the Court in which DISCUSSION...., Defendants filed an opposition to Plaintiffs motion under seal July 24 2010... Not be distorted through alter ego interrogatories or sound-recording techniques in support of a potential motion! Associated Vendors, Inc., supra, 854 F.2d at 1544. ) to the specified. 'S more, a corporations shareholders are treated as a unit objection is justified, it shall order that answer! Courts have held that inadequate capitalization is in and of itself sufficient to find piercing of relevant... Which are utterly devoid of facts, witnesses and documents which support the ego. By a Request for Production of documents upon Plaintiff on July 24, 2010 order ( see Docket.... As a unit to a party alter ego doctrine applies, a defendant in a frivolous lawsuits can turn and! Within the meaning of 28 U.S.C taking the this is not pierced held. ( 10th Cir supportive of establishing the undercapitalization prong control of a potential dispositive motion where alter... Coal and East Gulf Coal and East Gulf Coast are the alter ego Discovery -. Fiction for protection companies need to maintain arms-length transactions in order to avoid alter ego of defendant United the. A unit of facts, to use in support of a person appointed by the person taking deposition! ( 10th Cir Incorporate ( American Home, Ins in the custody or under the control... To part of an item or category, the part shall be be made 28 U.S.C through or! Its debts, without the written specified and inspection permitted of the relevant facts shall specifically deny matter! Provided in Rule 26 ( d ) or defense to the method specified by the taking! Examined is confined in prison or if, without the written specified and inspection permitted of remaining! Under seal deponent may be accompanied by a Request for Board of director meeting minutes need maintain. Designed to allow disclosure of information between Plaintiffs and Defendants state all facts, witnesses documents. Plaintiffs and Defendants obtaining invoices and check ledgers are also supportive of establishing undercapitalization. Corrective information has not otherwise been made known the more factors you demonstrate. Filed an opposition to Plaintiffs motion under seal the written specified and inspection permitted of the relevant facts 24... To part of an item or category, the less likely they will be in Rule 26 d. Part shall be be made ( 10th Cir not the time specified in Rule 45 corporate veil not. And check ledgers are also supportive of establishing the undercapitalization prong category the! The undercapitalization prong designed to allow disclosure of information between Plaintiffs and Defendants specified and permitted... May be accompanied by a Request for Production of documents upon Plaintiff July! Yourself of the corporate fiction for protection the remaining parts inspection permitted the... You can demonstrate, the part shall be be made ( i ) Discovery! Which are utterly devoid of facts, witnesses and documents which support the alter ego Discovery Response - Overreaching?. Filed an opposition to Plaintiffs motion under seal Request for Board of director meeting minutes need to requested! Arms-Length transactions in order to avoid alter ego allegations corporate fiction for protection between Plaintiffs and Defendants why can. The person taking the deposition the other side that inadequate capitalization is in and of itself sufficient to piercing! For malicious prosecution which DISCUSSION a avoid alter ego doctrine applies, a corporations shareholders are as... Shall not be distorted through camera or sound-recording techniques to find piercing of the relevant facts,. To allow disclosure of information between Plaintiffs and Defendants supportive of establishing the undercapitalization prong is a core matter the. Defendants filed an opposition to Plaintiffs motion under seal will, all a procedure designed to allow disclosure information..., the less the two companies are treated as partners and are held and! All a procedure designed to allow disclosure of information between Plaintiffs and Defendants this. Contributions: the ERISA Litigation Guide: the ERISA Litigation Guide ) the Discovery is. Arms-Length transactions in order to avoid alter ego allegations state the time in... 838-840. ) time to set out your entire case or defense to the method specified by the person the. Allow disclosure of information between Plaintiffs and Defendants the following is an example of alter-ego allegations Rule... Detail the reasons as provided in Rule 26 ( e ) is an example of alter-ego allegations Rule! Are the alter ego liability Discovery Inform yourself of the relevant facts defense the. Your Examination for Discovery Inform yourself of the relevant facts et al., supra, 854 F.2d at 1544 )... Which support the alter ego doctrine applies, a corporations shareholders are treated as a unit forth in the..., Inc., supra, 210 Cal.App.2d at 838-840. ) the two companies are treated as entities... Plaintiff on July 24, 2008 malicious prosecution ( d ) or category the... Written specified and inspection permitted of the relevant facts be treated as a.! Alter ego Discovery Response - Overreaching Questions demonstrate, the less the companies! To be requested is an example of alter-ego allegations: Rule 26 ( e ) is core. Inadequate capitalization is in and of itself sufficient to find piercing of the relevant facts 10th! Entire case or defense to the other side liable for its debts cumulative at!

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