Elvis Presley Enterprises, Inc. v. Passport Video

MEMORANDUM *

Passport International Entertainment, LLC (PIE) appeals the district court’s order adding it as a judgment debtor. We affirm.

The district court did not abuse its discretion in amending the judgment. See Cigna Prop. & Cas. Ins. Co. v. Polaris Pictures Corp., 159 F.3d 412, 421 (9th Cir.1998). Substantial evidence supports the district court’s finding that PIE is a successor corporation to Passport International Productions (PIP) and Passport International Productions of California (PIP-CA), and that the asset transfers were fraudulent and undertaken for the purpose of escaping liability. See Cal. Civ.Code *812 §§ 3489.04, .07; McClellan v. Northridge Park Townhome Owners Ass’n., 89 Cal.App.4th 746 , 107 Cal.Rptr.2d 702, 707-08 (Cal.Ct.App.2001). PIE has the same shareholder, same directors, same assets, and same business as PIP and PIP-CA did. The timing of the assets transfer also supports the district court’s conclusion that PIE is “merely a continuation” of PIP and PIP-CA. See McClellan, 107 Cal.Rptr.2d at 707 . At most, Florence Pugliese’s 1 supposed foreclosure of her security interests was one part of a series of fraudulent transfers undertaken to avoid…