Judge: Gary I. Micon, Case: 22CHCV01220, Date: 2024-11-05 Tentative Ruling

Case Number: 22CHCV01220    Hearing Date: November 5, 2024    Dept: F43

Dept. F43

Date: 11-5-24

Case #22CHCV01220 , Circle A Medical vs. Davit Hakobyan

Trial Date: N/A

MOTION FOR ORDER TO AMEND JUDGMENT

MOVING PARTY: Plaintiff Circle A Medical

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Plaintiff is requesting that the Court enter an order amending the judgment to add North Hollywood Hospice Inc. as an additional judgment debtor

RULING: Motion for order to amend the judgment is granted.

SUMMARY OF ACTION

On February 17, 2023, this Court entered default judgment in favor of Plaintiff Circle A Medical (Plaintiff) and against Defendant Davit Hakobyan dba Sweet Touch Hospice in the amount of $50,110.41. According to Plaintiff, the judgment remains wholly unsatisfied.

In April 2024, Sweet Touch Hospice attempted to open a new account with Plaintiff and represented that it is a dba for North Hollywood Hospice Inc. In May 2024, Plaintiff obtained a certified copy of the Fictitious Business Name Statement for Sweet Touch Hospice, confirming that it is owned by an entity called North Hollywood Hospice Inc. The Statement was signed by the current judgment debtor Davit Hakobyan and is attached to Plaintiff’s motion as Exhibit A. Plaintiff has also attached the Statement of Information filed with the California Secretary of State as Exhibit B. It shows that David Hakobyan is the CEO, CFO, and secretary of North Hollywood Hospice, Inc. Plaintiff claims that Hakobyan never disclosed to Plaintiff that North Hollywood Hospice Inc. was the true owner of Sweet Touch Hospice.

Plaintiff argues in his motion, filed on August 16, 2024, that North Hollywood Hospice Inc. is the true Defendant and is jointly liable to Plaintiff for the judgment amount. No opposition has been filed.

ANALYSIS

CCP § 473(a)(1) state that the Court “may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding…by correcting a mistake in the name of a party, or a mistake in any other respect.”

“Judgments may be amended to add additional judgment debtors on the ground that a person or entity is the alter ego of the original judgment debtor.” (Hall, Goodhue, Haisley & Baker, Inc. v. Marconi Conf. Center Bd. (1996) 41 Cal.App.4th 1551, 1555.) “‘Amendment of a judgment to add an alter ego is an equitable procedure based on the theory that the court is not amending the judgment to add a new defendant but is merely inserting the correct name of the real defendant. Such a procedure is an appropriate and complete method by which to bind new ... defendants where it can be demonstrated that in their capacity as alter ego of the corporation they in fact had control of the previous litigation, and thus were virtually represented in the lawsuit.’” (Id. (quoting Carr v. Barnabey’s Hotel Corp. (1994) 23 Cal.App.4th 14, 21-22).)

Plaintiff has presented evidence that Sweet Touch Hospice was a Fictitious Business Name, and therefore an alter ego, for North Hollywood Hospice Inc. (Omrani Decl., Ex. A.) Accordingly, it is appropriate to amend the judgment to add North Hollywood Hospice Inc. as a judgment debtor.

Plaintiff has also argued that it would be appropriate to add North Hollywood Hospice Inc. as a successor judgment debtor and/or joint enterprise of judgment debtor. However, it appears that it was simply an alter ego, not a successor judgment debtor, so it is unnecessary to address these arguments.

Plaintiff’s motion to amend the judgment is add North Hollywood Hospice Inc. as a judgment debtor is granted.

Moving party to give notice.