Misik

Misik v. D'Arco CA2/3

Good Law
Court of Appeal of CaliforniaJune 6, 2014B242398California5,031 words

Opinion

Opinion

Kitching, J.

INTRODUCTION

This is the second appeal in this matter. In the previous appeal, we reversed an order denying plaintiff Thomas Misik’s motion to amend the judgment to add defendant Thomas R. D’Arco as a judgment debtor. The judgment found a corporate entity, Sayrahan Group, LLC (Sayrahan), liable for breach of contract. Misik’s motion sought to hold D’Arco liable for the judgment against Sayrahan on the theory that D’Arco was Sayrahan’s alter ego. We concluded the trial court erroneously denied the motion on inapposite procedural grounds, and remanded the matter with directions to conduct new proceedings and make a factual determination as to whether the elements of alter ego liability were satisfied. On remand, the trial court conducted new proceedings, made factual findings supporting application of the alter ego doctrine, and granted Misik’s motion to amend the judgment to add D’Arco as a judgment debtor. D’Arco now appeals from that order. We conclude the trial court’s findings were supported by substantial evidence and therefore affirm.

FACTS AND PROCEDURAL HISTORY

1. The Loan Transaction At the behest of another defendant, Martin Ballardo, Misik delivered $150,000 in…

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.