Judge: Maurice A. Leiter, Case: BC593886, Date: 2023-04-21 Tentative Ruling

Case Number: BC593886    Hearing Date: April 21, 2023    Dept: 54

Hearing Date: April 21, 2023

Department 54, Judge Maurice A. Leiter

Motion to Amend Judgment

Moving Party: Plaintiff City Investment Capital, Inc.

Responding Party: None

T/R:     PLAINTIFF’S MOTION TO AMEND JUDGMENT IS GRANTED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

“To prevail on a motion to add a judgment debtor, the judgment creditor generally must show, by a preponderance of the evidence, that ‘(1) the parties to be added as judgment debtors had control of the underlying litigation and were virtually represented in that proceeding; (2) there is such a unity of interest and ownership that the separate personalities of the entity and the owners no longer exist; and (3) an inequitable result will follow if the acts are treated as those of the entity alone.’ “ (Favila v. Pasquarella (2021) 65 Cal.App.5th 934, 280 Cal. Rptr. 3d 425, 437, quoting Relentless Air Racing, LLC v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4th 811, 815-6.)

On January 23, 2017, Plaintiff obtained a default judgment against Defendant Hiroshi Ishimoto. Plaintiff moves to amend the judgment to add Defendant’s aliases. Plaintiff represents it learned of the aliases when it was contacted by the Southwest Escrow Corporation, which was facilitating the sale of real property owned by Defendant. The title search revealed that the property was owned by “Don Bookstone, a married man as his sole and separate property, also known as Hiroshi Ishimoto, also known as Hiroshi Dorry Ishimoto, also known as Dorry Ishimoto, also known as Dori Ishimoto, also known as Dorry H. Ishimoto, also known as Hiroshi Dorry Ishimoto, also known as Hiroshi D. Ishimoro, also known as Hiroshi Matsumoto.”

Plaintiff has satisfied the requirements to add a judgment debtor because the aliases are the same person as Defendant. Defendant does not oppose the motion.

Plaintiff’s motion is GRANTED.