Volvo Construction Equipment Rents, Inc. v. NRL Rentals, LLC

MEMORANDUM

Volvo Construction Equipment Rents, Inc. (“Volvo Rents”) appeals the district court’s order granting the defendants’ motion for judgment under Federal Rule of Civil Procedure 52(c). We have jurisdiction under 28 U.S.C. § 1291 .

“In reviewing a judgment following a bench trial, this court reviews the district court’s findings of fact for clear error and its legal conclusions de novo. The same standard applies to the district court’s involuntary dismissal of a claim under Rule 52(c).” Price v. U.S. Navy, 39 F.3d 1011, 1021 (9th Cir.1994) (citations omitted). We affirm. Because the parties are familiar with the factual and legal history of the case, we need not recount it here.

I

The district court did not err in holding that Dwight and Marcel Bosworth (“Bosworths”) were not personally liable under an alter ego theory for the approximately $10 million judgment entered against Bosworth Nevada Investments (“BNI”). BNI was a Nevada LLC of which the Bosworths served as members.

To hold a member of a Nevada LLC personally liable for the LLC’s debts and obligations, a claimant must show that the member acted “as the alter ego of the corporation.” Nev.Rev.Stat. § 78.747(1).…