Wollersheim

This case concerns the proper test to bé applied by a trial court in deciding whether to grant a posttrial motion to add an alleged alter ego as an additional judgment debtor. Appellant contends that the proper test is the normal preponderance of the evidence burden of proof that *1014 applies generally to factfinding proceedings in a trial court. Respondent contends that the proper test is the substantial evidence test normally applied only by an appellate or other reviewing court. The issue is directly controlled by Evidence Code section 115 (section 115). Section 115 identifies three possible burdens of proof applicable to factfinding proceedings: preponderance of the evidence, clear and convincing proof, and proof beyond a reasonable doubt. Section 115 specifies that “[e]xcept as otherwise provided by law, the burden of proof requires proof by a preponderance of the evidence.” The law does not otherwise provide, and preponderance of the evidence is therefore the test which must be applied. The substantial evidence test has no application in this context.

Discussion

a. The substantial evidence issue.

Plaintiff Larry Wollersheim sued the Church of Scientology of…