Gruendl

In this appeal, Charles G. Oewel (appellant) contends the judgment below must be reversed because the trial court failed to issue a statement of decision under Code of Civil Procedure section 632. Appellant also contends substantial evidence does not support the trial court’s finding that appellant is the alter ego of the named limited liability defendants, Oewel Partners, Limited (OPL) and Oewel Partnership, Inc. (OPI).

The challenged judgment is an amended final judgment. Stuart J. Gruendl (respondent) moved to amend the original judgment pursuant to Code of Civil Procedure section 187 to add appellant as a judgment debtor on an alter ego theory. In resolving respondent’s motion to amend, the trial court necessarily determined issues of fact both as to respondent’s alter ego claim, and as to appellant’s defense that respondent is estopped from asserting alter ego liability against appellant.

Under the circumstances of this case, we conclude the court was obligated to prepare a statement of decision. When a motion to amend judgment seeks to impose alter ego liability for a judgment on one who was neither named nor served as a party defendant in the action, the trial…