Demurrer by Defendants Thekkek, CCRC, Diablo Medical Supply; Demurrer by Defendant Senior Care Pharmacy; Motion to Strike by Defendant Senior Care Pharmacy
TENTATIVE RULING
Defendants’ demurrers are sustained without leave to amend. When a plaintiff seeks to recover on an alter ego theory, the plaintiff must “allege sufficient facts to show a unity of interest and ownership, and an unjust result if the corporation is treated as the sole actor.” (Leek v. Cooper (2011) 194 Cal.App.4th 399, 415.) The court should consider the following factors under the particular circumstances of the case presented: 1) an individual’s ownership of all stock in a corporation, 2) the use of the same office or business location, 3) commingling of funds and other assets, 4) the holding out by one individual or entity that it is liable for the debts of the other, 5) identical directors and officers, 6) failure to maintain minutes or adequate corporate records, 7) disregard of corporate formalities, 8) absence
Hearing Date
October 24, 2019
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Demurrer by Defendants Thekkek, CCRC, Diablo Medical Supply; Demurrer by Defendant Senior Care Pharmacy; Motion to Strike by Defendant Senior Care Pharmacy
TENTATIVE RULING
Defendants’ demurrers are sustained without leave to amend. When a plaintiff seeks to recover on an alter ego theory, the plaintiff must “allege sufficient facts to show a unity of interest and ownership, and an unjust result if the corporation is treated as the sole actor.” (Leek v. Cooper (2011) 194 Cal.App.4th 399, 415.) The court should consider the following factors under the particular circumstances of the case presented: 1) an individual’s ownership of all stock in a corporation, 2) the use of the same office or business location, 3) commingling of funds and other assets, 4) the holding out by one individual or entity that it is liable for the debts of the other, 5) identical directors and officers, 6) failure to maintain minutes or adequate corporate records, 7) disregard of corporate formalities, 8) absence