Cohen
Cohen v. S.H.E. Engineering & Construction Group CA2/4
Opinion
Opinion
INTRODUCTION
In 2017, appellant Zion Cohen obtained a judgment against S.H.E. Engineering & Construction, Inc. (SHE). In the proceedings below, Cohen attempted to amend the judgment to add respondent David Sheetrit -- one of SHE’s principals -- as SHE’s alter ego. The court denied the motion. On appeal, Cohen contends the court: (a) decided the motion based on a misunderstanding of the law; (b) made findings unsupported by substantial evidence; (c) failed to consider Cohen’s allegation that Sheetrit breached a fiduciary duty owed to him; and (d) improperly considered Sheetrit’s filings because they were made by an attorney who had not filed a substitution of counsel. We find nothing in the record demonstrating the court misunderstood the law. Because the court found that Cohen failed to meet his burden of proof, we consider not whether substantial evidence supported the court’s findings, but whether Cohen’s evidence compelled the court to make a different finding; we conclude it did not. We discern no error in the court’s decision not to address Cohen’s fiduciary duty argument,
2 because Cohen presented no authority permitting a court to amend a judgment to add a judgment debtor…