Miner v. Fashion Enterprises, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that post- judgment proceedings only allow consideration of whether shareholders are holding assets of the judgment-debtor corporation
• nothing in the code of civil procedure authorizes a judge to adjudicate the merits of corporate veil allegations in supplementary proceedings
• a strong presumption exists against provisions that could have been included in a lease but were not
• “The failure to pay rent when it accrues does not accelerate the unpaid rent in the absence of a provision in the lease to that effect.”
• “a supplementary proceedings judge lacks authority to adjudicate the merits of corporate veil allegations”
• “Mere silence does not amount to fraud. However, silence accompanied by deceptive- conduct or suppression of a material fact can give rise to concealment and the party which has concealed information is then under a duty to speak.”

Source: CourtListener parenthetical corpus (CC0).