Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
While the conditions under which a corporate entity may be disregarded vary according to the circumstances in each case, id., one Court of Appeal has set forth an extensive, though non-exhaustive, list of factors that trial courts consider in assessing alter ego liability: (1) the commingling of funds and other assets among the subject corporate entities; (2) the treatment by an individual of the assets of the corporation as his own; (3) the failure to obtain authority to issue stock or to issue stock; (4) the holding out by an individual that he is personally liable for the debts of the corporation; (5) the failure to maintain minutes or adequate corporate records; (6) the identical equitable ownership in the two entities; (7) the identification of the equitable owners thereof with the domination and control of the two entities; (8) identification of the directors and officers of the two entities as the responsible supervision and management;
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
(9) sole ownership in a corporation by one individual or the members of a family; (10) the use of the same office or business location; (11) the employment of the same employees and/or attorney; (12) the failure to adequately capitalize a corporation; (13) the total absence of corporate assets, and undercapitalization; (14) the use of a corporation as a mere shell, instrumentality or conduit for a single venture or the business of an individual or another corporation;
(15) the concealment and misrepresentation of the identity of the responsible ownership, management and financial interest, or concealment of personal business activities; (16) the disregard of legal formalities and the failure to maintain arm’s length relationships among related entities; (17) the use of the corporate entity to procure labor, services or merchandise for another person or entity; (18) the diversion of assets from a corporation by or to a stockholder or other person or entity, to the detriment of creditors, or the manipulation of assets and liabilities between entities so as to concentrate the assets in one and the liabilities in another; (19) the contracting with another with intent to avoid performance by use of a corporate entity as a shield against personal liability; and (20) the formation and use of a corporation to transfer to it the existing liability of another person or entity. Associated Vendors, Inc. v. Oakland Meat Co., 210 Cal. App. 2d 825 (1962); see, also Morrison Knudsen Corp. v. Hancock Rothert v. Bunshoft, 69 Cal. App. 4th 223, 249-50 (1999). (See Part 8 of 20.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.