3123 SMB v. Horn CA2/7

INTRODUCTION

Steven J. Horn obtained a judgment confirming an arbitration award against Anthony Kling (Kling) and Mary J. Kling. Kling appealed from the judgment. (Kling v. Horn (Dec. 14, 2021, B305967) [nonpub. opn.] (Kling I).) While that appeal was pending, the trial court granted a motion by Horn to amend the judgment to add three entities as judgment debtors: 3123 SMB LLC, Lincoln Corporation, and Kling Corporation (the Kling Entities). The court ruled the entities were alter egos of the Klings and amended the judgment. The Kling Entities appealed from the amended judgment—the subject of this appeal (Kling II). But because Kling had already filed a notice of appeal from the original judgment, the trial court did not have jurisdiction to amend the judgment. One judgment, two appeals: What to do? We affirm in Kling I and reverse in Kling II.

FACTUAL AND PROCEDURAL BACKGROUND

As discussed in more detail in our opinion in Kling I, supra, B305967, this action arises from a fee dispute between Horn, an attorney, and the Klings, his former clients.1 (Kling is also an attorney.) In September 2014 Horn initiated an arbitration with the American Arbitration Association (AAA) against…