Lopez

FACTS

In May 2012, Lopez recovered a judgment for fraud, negligent misrepresentation, and breach of fiduciary duty against Magnolia Home Loans, Inc. in the amount of $157,370. (Lopez v. Escamilla (2020) 48 Cal.App.5th 763, 764.) In 2018, Lopez filed a complaint for “alter ego liability” against Escamilla. She alleged that he was the alter ego of Magnolia Home Loans, Inc. She sought a judgment against him for $157,370 plus interest. Escamilla moved for judgment on the pleadings. He contended that “a complaint in a separate action is not the proper procedure to obtain” a determination on alter ego liability. He claimed “adding an alter ego defendant is not a cause of action.” (Lopez v. Escamilla, supra, 48 Cal.App.4th at p. 765.) The trial court granted that motion. On appeal, we reversed and held alter ego liability could be determined by Lopez’s independent civil action. (Id. at pp. 765-766.) Lopez moved for summary judgment. Escamilla argued that because the judgment against the corporation was by default, he did not have the opportunity to defend the action. Citing Motores De Mexicali v. Superior Court (1958) 51 Cal.2d 172 (Motores), he contended to hold him responsible for the…