City and County of San Francisco v. Purdue Pharma L.P.

I. DISCUSSION

25 A. Endo International and Alter Ego Liability 26 The Court grants Endo International summary judgment on both the UCL and 27 public nuisance claims. Endo International is the parent company of several subsidiary entities, including Endo Pharmaceuticals Inc. and Endo Health Solutions Inc. Plaintiff does not contend that Endo International itself engaged in any actionable misconduct. See MSJ at 5; Opp. at 30– 38. Instead, Plaintiff’s theory is that Endo International is liable for the misconduct of its subsidiaries based on a theory of alter ego liability. See Opp. at 30–38. Endo International argues that it is entitled to summary judgment because Plaintiff’s evidence fails to support this theory. See MSJ at 4. To establish that a parent company is liable under a theory of alter ego liability, Plaintiff must show “(1) that there is such unity of interest and ownership that the separate personalities of [Endo International and its subsidiaries] no longer exist and (2) that failure to disregard [their separate identities] would result in fraud or injustice.” Harris Rutsky & Co. Ins. Servs.,…