· 6/9/1995
Communist Party of the United States of Amerika v. 522 Valencia, Inc.
Citations
- 35 Cal. App. 4th 980
- 41 Cal. Rptr. 2d 618
- 95 Cal. Daily Op. Serv. 4434
- 1995 Cal. App. LEXIS 538
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- writing that an essential condition to the imposition of a constructive trust is showing “the right of a complaining party to that res”
- no California case found in which “the alter ego doctrine has been employed to establish a relationship of identity between the defendant corporation and the plaintiff’
- alter ego liability “is not a doctrine that allows the persons who actually control the corporation to disregard the corporate form”
- “[I]n order to conclude that appellants wrongfully retained the disputed property, there must be some basis for determining that respondent actually owned or was rightfully entitled to possession of it.”
- “Persons who themselves control a corporation, who have used the corporate form of doing business for their benefit, who have dealt with and treated the corporation as a separate entity ... may be estopped to deny the corporation’s separate legal existence.”
- two general requirements for applying alter ego doctrine in 22 California are “(1) there is such a unity of interest and ownership between the corporation and the 23 individual or organization controlling it that their separate personalities no longer exist, and (2
Source: CourtListener parenthetical corpus (CC0).
Judges: Merrill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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