Nu Radiance v. Scott-Broadway CA4/3

INTRODUCTION

The main issue in this appeal is the addition of appellant, Nu Radiance, to a judgment entered in favor of respondents Richard and Jeanne Broadway. After obtaining a defense judgment in Orange County Superior Court over Sentry Medical Products, Inc. (Sentry), which was trying to collect a Wisconsin judgment from them, the Broadways moved to name Nu Radiance as an additional judgment debtor in their judgment for costs, on the grounds that Nu Radiance was Sentry’s alter ego and/or successor. The trial court granted the motion. It found that Sentry’s owners, Edwin Novak (Novak) and his wife, Nancy Novak, had stripped Sentry of its assets and transferred them to Nu Radiance so that the Broadways could not collect their judgment from Sentry. Nu Radiance was, in effect, Sentry in all but name. Nu Radiance has appealed from this order. We affirm. Substantial evidence supports the trial court’s conclusion that Nu Radiance is Sentry’s alter ego and a mere continuation of Sentry, having absorbed Sentry’s business and taken over its assets to frustrate the Broadways’ efforts to enforce their judgment. The Broadways have made four motions in this court, two of which are 1 slated…