Toho-Towa

Toho-Towa Co. v. Morgan Creek Productions, Inc.

Good Law
159 Cal. Rptr. 3d 469·2013 Cal. App. LEXIS 544·217 Cal. App. 4th 1096·2013 WL 3489155
Court of Appeal of CaliforniaJuly 11, 2013B242095California5,696 words

Opinion

Opinion

O'Neill, J.

Morgan Creek Productions, Inc. (MCP), a Delaware corporation with its principal place of business in Los Angeles, appeals the trial court’s order adding it to a judgment for more than $5.7 million which Toho-Towa Co., Ltd., a Japanese company (Toho-Towa) was awarded against two MCP-affiliated companies, Morgan Creek International B.V., a Netherlands company (B.V.), and Morgan Creek International Ltd., a Bermuda corporation (Ltd.). MCP maintains that the trial court erred in ruling that the three business entities constituted a single business enterprise for purposes of imposing alter ego liability on MCP for the debts of B.V. and Ltd. We conclude that the ruling is supported by substantial evidence. MCP also contends that the trial court abused its discretion in failing to set aside its ruling pursuant to Code of Civil Procedure section 473, subdivision (b). We see no abuse of discretion. Consequently, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In 2005, Toho-Towa negotiated with MCP to acquire Japanese distribution rights to the MCP-produced motion picture The Good Shepherd (Universal Pictures (2006)) (the Picture). After the parties had reached agreement as…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.