Filet Menu, Inc. v. C.C.L. & G. Inc.

Filet Menu, Inc. (FMI), appeals from a judgment rendered against it, after a jury verdict, on its complaint against C.C.L. & G., Incorporated (CCLG) for breach of a contract to purchase menus, napkins and other restaurant supplies from FMI (the Contract), and against Augusto Salazar, Jr. (Salazar), on his personal guaranty of that obligation. FMI along with its principal shareholder, Michael LeVine (LeVine), also appeal from the judgment against them on CCLG and Salazar’s cross-complaint alleging fraud and other wrongful conduct. FMI and LeVine make two arguments on appeal. First, they contend that the trial court erred in determining that the Contract was not divisible. Second, they argue that the trial court’s finding that LeVine was the alter ego of FMI was not supported by substantial evidence. We conclude that regardless of whether the Contract was divisible, FMI may not enforce any part of it. We also conclude that since the jury found LeVine to be a perpetrator of the alleged wrongdoing, the judgment was properly rendered against him, whether or not he was FMI’s alter ego. We therefore affirm the judgment.

Procedural Background

FMI’s second amended complaint…