Pestell v. American Carriage, Inc., et al

Plaintiff's Post Trial Opening Brief in Alter Ego, Fraud, Contract matter


This is a plaintiff's post trial opening brief on an extremely egregious breach of contract, fraudulent misrepresentation, alter ego matter filed after a bench trial. The preliminary ruling is in favor of plaintiffs and the court found commingling required to pierce the corporate veil. The brief covers the factors required for a finding of alter ego, the significance of S corporation status in California, basic breach of contract discussions, and a discussion of the intent requirement for fraudulent misrepresentation. The court did not find the defendants had the intent required for fraud in this matter so this brief outlines the intent requirement as it relates to the specific facts of this case.

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Reference Info:Pleadings | State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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