Legal News and Appellate Tips

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals.

If you would like to receive weekly updates of the articles posted here, click here to sign up for the newsletter.

Tag: Alter Ego

Notice of Appeal Filed by Corporation But Omitting Alter Ego Appellant Held Not Fatal Under the Liberality Rule – But Alter-Ego Finding Still Affirmed

It is a horrifying thing to find that your appeal has been dismissed. And it can happen very easily. An appeal can be dismissed because the notice of appeal was filed late – even a day late. Or because the notice of appeal had the wrong box checked on it specifying the wrong type of order (even though specifying the type of order is not even required), or because the notice of appeal specified the wrong authority (which is not required, either).

So what about a notice of appeal that omits the name of the appellant? That is what happened in Westlake Village Marketplace, LLC v. West American Roofing, Inc. (D2d5 May 17, 2021) no. B306358 (non-pub.). Miraculously, that appeal, from the alter-ego judgment, survived. (But the judgment was affirmed.)

Also covered: A tactical choice for plaintiffs: whether "it may be prudent for a plaintiff to sue only the corporation," leaving the alter egos for postjudgment litigation.

Read More

Tags

Podcast (46)
Videos (31)
Abuse of Discretion (15)
Waiver and Forfeiture (15)
Notices of Appeal (13)
Legal Writing (12)
Appealability and Appealable Orders (12)
Splits of Authority (9)
Stays on Appeal (9)
Dismissals (9)
Sanctions (8)
Motions for Reconsideration (8)
Oral Argument (8)
Appealability (8)
Attorney Fees (7)
New Trial Motions (7)
Federal Courts (7)
Arbitration (6)
Anti-SLAPP (6)
Civility (6)
Unpublished Opinions (6)
Statements of Decision (6)
Record on Appeal (6)
Respondent Arguments (6)
Briefing (6)
Ninth Circuit (6)
Timeliness (6)
Appellate Sanctions (5)
Disqualification (5)
Family Law (5)
CCP 998 Offers (5)
Posttrial Motions (5)
Dissents (5)
Judgment Enforcement (5)
Preliminary Injunctions (5)
Evidentiary Objections (5)
Substantial Evidence (5)
Implied Findings (5)
Trial Procedure (5)
Appellate Bonds (4)
Admission of Improper Evidence (4)
Standards of Review (4)
Discovery (4)
Jurisdiction (4)
California Supreme Court (4)
Default Judgments (4)
Experts (4)
Writ Petitions (4)
Stipulated Judgments (4)
Motions in Limine (4)
Frivolous Motions (3)
Juror Peremptory Challenges (3)
Exclusion of Evidence (3)
Notices of Entry (3)
Timely and Untimely Appeals (3)
Appellate Practice (3)
Depublished Opinions (3)
Summary Judgments and Summary Adjudications (3)
Motions to Vacate and Set Aside Judgments (3)
Summary Judgments (3)
Mootness (3)
Summary Judgment (3)
Dismissed Appeals (3)
Ethical Duty of Candor (3)
Appealable Orders (3)
Trial Strategy (3)
Excessive Damages (3)
Standing (3)
Trust and Probate (3)
Stays (3)
Probate Appeals (3)
Judicial Admissions (2)
Legal Ethics and Professional Responsibility (2)
Petitions for Review (2)
Contempt (2)
Attorney Client Privilege (2)
Forfeiture and Waiver (2)
PAGA Actions (2)
Litigation Tips (2)
Recovery of Costs (2)
Standards of Evidence (2)
Jury Waivers (2)
Personal Jurisdiction (2)
Expert Opinions (2)
Tentative Rulings (2)
Motions to Dismiss (2)
Landlord Tenant (2)
Collateral Orders (2)
Judicial Bias (2)
Appeals Dismissed (2)
Invited Error (2)
Settlements (2)
Waiver (2)
Untimeliness (2)
Appeals Treated as Writs (2)
Pretrial Procedure (2)
Pretrial Issues (2)
Disentitlement Doctrine (2)
Class Actions (2)
Demurrers (2)
Motions to Vacate (2)
Mischief (2)
Civil Theft (1)
Treble Damages (1)
Premises Liability (1)
Frivolous Appeals (1)
Post-Appellate Issues (1)
Referral Fees (1)
Trial by Reference and Pro Tem Judges (1)
PAGA Attorney Fees (1)
Law and Motion (1)
Issue Selection on Appeal (1)
Remote Arguments (1)
Attorney Feese (1)
Employment Law (1)
Common Interest Doctrine (1)
Juror Misconduct (1)
Product Liability (1)
Clear and Convincing (1)
ADA and Unruh Accessibility Actions (1)
Clerks Service of File Stamped Judgment (1)
Designating the Record (1)
Trade Restraints (1)
Civil Code 3334 (1)
Benefits Obtained Trespass Damages (1)
Trespass (1)
Property Rights (1)
Inherent Authority (1)
Support Awards (1)
Forfeiture (1)
PostJudgment Litigation (1)
Unsupported Arguments (1)
Petitions for Rehearing (1)
Judicial Notice (1)
Post Reversal (1)
Attorney Fees - CCP 1021.5 (1)
Moot Appeals (1)
Appellate Briefing (1)
Pleadings (1)
Judicial Estoppel (1)
Harmless Error (1)
Prejudicial Error (1)
Record Designation (1)
Typeface (1)
Typography (1)
Jury Instructions (1)
Precedent (1)
New Arguments (1)
Third Parties and Nonparties (1)
Ninth CircuitAbuse of Discretion (1)
Out-of-State Litigant (1)
Family Court (1)
Mediation (1)
Split Decisions (1)
Inconsistent Verdicts (1)
Punitive Damages (1)
Dicta (1)
Petitionf ro Review (1)
Legal Practice (1)
Finality and Final Orders (1)
DismissalsAppealability and Appealable Orders (1)
Motions to Quash (1)
Motions for Judgment on the Pleadings (1)
Federal Appeals (1)
Consenting to Judgments (1)
Alter Ego (1)
Post Reversal Issues (1)
Law of the Case (1)
Record (1)
Bankruptcy (1)
Local Rules (1)
Evidentiary Presumptions (1)
New Trial (1)
Exhaustion of Remedies (1)
Waived and Forfeiture (1)
Per Se Errors (1)
Review as Writ Petition (1)
Amicus Briefs (1)
Incorrect Decisions (1)
Attorney Misconduct (1)
Comments (1)
Restraining Orders (1)
Summary Reversal (1)
Retainer Agreements (0)
Professional Ethics (0)
Appellate (0)
Notice of Appeal (0)
Landlore Tenant (0)
Split of Authority (0)
No categories Legal Writing (0)
crossmenuchevron-down