McClellan
McClellan v. Northridge Park Townhome Owners Ass'n
Opinion
Opinion
Klein, J.
Defendant and appellant Northridge Park Townhome Owners Association, Inc. (Northridge Park) appeals an amended judgment obtained by plaintiff and respondent Robert E. McClellan doing business as McClellan Design and Construction (McClellan) naming Northridge Park as an additional judgment debtor.
The essential issue presented is whether substantial evidence supports the trial court’s determination naming Northridge Park as a party to the judgment. Because there is substantial evidence of Northridge Park’s successor liability as a mere continuation of its predecessor corporation, the trial court properly exercised its jurisdiction under Code of Civil Procedure section 187 to add Northridge Park as a party to the judgment.
Factual and Procedural Background
On October 10, 1996, McClellan, a licensed contractor, entered into a contract with Peppertree North Condominium Association, Inc. (Peppertree) to perform earthquake repair work on Peppertree’s 76-unit condominium complex (the complex) located in Northridge, California. Peppertree failed to pay McClellan for the work.
1. McClellan obtains arbitration award and judgment against Peppertree.