Umg Recordings, Inc. v. Bcd Music Group, Inc.

MEMORANDUM

BCD Music Group, Inc., and Deep Distribution Worldwide, Inc., appeal from an order amending a judgment against BCD to add Deep as a judgment debtor based on the court’s determination that Deep was the alter ego of BCD. See Fed. R.Civ.P. 69(a)(1). We affirm.

Because BCD and Deep did not dispute the applicability of California law in district court, their new argument on appeal that Texas law applies to the question whether Deep is the alter ego of BCD is forfeited. Scott v. Ross, 140 F.3d 1275, 1283 (9th Cir.1998).

The district court did not clearly err in determining that Deep was BCD’s alter ego. See Katzir’s Floor & Home Design, Inc. v. M-MLS.com, 394 F.3d 1143 , 1148 (9th Cir.2004); Troyk v. Farmers Group, Inc., 171 Cal.App.4th 1305 , 90 Cal.Rptr.3d 589, 619 (2009). The district court reasonably could have determined that BCD and Deep had a unity of interest and ownership, based on evidence that BCD and Deep had the same ownership, shared an address, shared directors, shared a Managing Director, and operated in a similar industry with identical clients. Further, the district court reasonably could have determined that BCD would not pay its judgment debt (leading…