Oyakawa

Aracely G. Gillett and Richard Gillett are husband and wife. Ray Oyakawa sued Richard (but not Aracely) and won. Prior to entry of judgment, Richard and Aracely moved to Arizona. Judgment was entered and Richard appealed but he did not post a bond to stay execution. While that appeal was pending, Oyakawa attempted to garnish Richard’s Arizona wages. When Aracely and Richard opposed the garnishment on the ground that Arizona law prohibits execution against community property assets unless both spouses are named as judgment debtors, Oyakawa abandoned the Arizona proceedings, returned to California, and persuaded the trial court to amend the judgment to add Aracely as an additional judgment debtor and to designate the judgment as a community property debt. Aracely appeals from the order amending the judgment. We reverse.

Discussion

Aracely contends there was no legal or factual basis to add her as a judgment debtor. We agree.

Section 187 of the Code of Civil Procedure* * supports an amendment adding a judgment debtor liable for the original defendant’s obligations on an alter ego theory. The rationale is that the new defendant is really one and the same as the original…