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Eric H. Winston vs. Palnnet Consulting, LLC

Motion to Strike

23 Cited authorities

  1. Santisas v. Goodin

    17 Cal.4th 599 (Cal. 1998)   Cited 1,032 times   6 Legal Analyses
    Holding that attorney's fees can be awarded only if provided by contract or authorized by statute

  2. Roddenberry v. Roddenberry

    44 Cal.App.4th 634 (Cal. Ct. App. 1996)   Cited 465 times
    Finding the defendant "concealed the true facts in the hope that the first Mrs. Roddenberry would accept . . . payments and never discover she was receiving only a third."

  3. Greenspan v. LADT, LLC

    191 Cal.App.4th 486 (Cal. Ct. App. 2010)   Cited 205 times   2 Legal Analyses
    Holding the two general requirements to pierce the corporate veil are " that there be such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist and that, if the acts are treated as those of the corporation alone, an inequitable result will follow."

  4. Leek v. Cooper

    194 Cal.App.4th 399 (Cal. Ct. App. 2011)   Cited 175 times   2 Legal Analyses
    Holding "allegation that a person owns all of the corporate stock and makes all of the management decisions is insufficient to cause the court to disregard the corporate entity"

  5. Wyatt v. Union Mortgage Co.

    24 Cal.3d 773 (Cal. 1979)   Cited 401 times
    Holding that where the "gravamen of respondents' cause of action is that the appellants committed actual and constructive fraud by conspiring to breach their fiduciary duties . . . Code of Civil Procedure section 338, subdivision 4 states the applicable statute of limitations"

  6. Katzir's Floor and Home Design v. M-mls.com

    394 F.3d 1143 (9th Cir. 2004)   Cited 168 times
    Holding "mere fact of sole ownership and control does not eviscerate the separate corporate identity that is the foundation of corporate law," noting, "[e]ven if the sole shareholder is entitled to all of the corporation's profits, and dominated and controlled the corporation, that fact is insufficient by itself to make the shareholder personally liable"

  7. Associated Vendors, Inc. v. Oakland Meat Co.

    210 Cal.App.2d 825 (Cal. Ct. App. 1962)   Cited 315 times
    Holding "it is not sufficient to merely show that a creditor will remain unsatisfied if the corporate veil is not pierced, and thus set up such an unhappy circumstance as proof of an 'inequitable result'"

  8. Mid-Century Ins. Co. v. Gardner

    9 Cal.App.4th 1205 (Cal. Ct. App. 1992)   Cited 132 times   1 Legal Analyses
    Holding that inadequate capitalization or concentration of ownership and control should not be relied on too heavily

  9. Newman v. Emerson Radio Corp.

    48 Cal.3d 973 (Cal. 1989)   Cited 142 times   2 Legal Analyses
    Holding that the rule announced in " Foley is fully retroactive, applying to all cases not yet final as of January 30, 1989, the date the decision in Foley became final."

  10. Virtualmagic Asia, Inc. v. Fil-Cartoons, Inc.

    99 Cal.App.4th 228 (Cal. Ct. App. 2002)   Cited 86 times
    Listing "numerous factors" considered by California courts in determining whether to apply the alter ego doctrine

  11. Section 22000 - Title of division

    Cal. Fin. Code § 22000   Cited 55 times   13 Legal Analyses

    This division is known and may be cited as the "California Financing Law." Ca. Fin. Code § 22000 Amended by Stats 2017 ch 475 (AB 1284),s 4, eff. 10/4/2017. Division heading amended by Stats 2017 ch 475 (AB 1284),s 3, eff. 10/4/2017.