This case was last updated from Los Angeles County Superior Courts on 03/16/2021 at 17:32:47 (UTC).

JAMES J. REGAN, ET AL VS. CLAUDIO DIRUGGIERO

Case Summary

On 11/16/2012 JAMES J REGAN filed a Contract - Other Contract lawsuit against CLAUDIO DIRUGGIERO. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are STUART M. RICE and DEIRDRE HILL. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8156

  • Filing Date:

    11/16/2012

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STUART M. RICE

DEIRDRE HILL

 

Party Details

Plaintiffs

REGAN & ASSOCIATES

REGAN JAMES J.

Defendants

DIRUGGIERO CLAUDIO

DOES 1 TO 20

Assignee and Not Classified By Court

UPSTREAM CAPITAL INVESTMENTS LLC

Attorney/Law Firm Details

Plaintiff Attorney

REGAN & ASSOCIATES

Assignee Attorney

YEARGIN COLE WILLIAM

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)

3/4/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)

Summons

11/16/2012: Summons

Proof of Service (not Summons and Complaint)

1/9/2013: Proof of Service (not Summons and Complaint)

Notice of Case Reassignment and Order for Plaintiff to Give Notice

1/19/2021: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice - NOTICE OF CASE REASSIGNMENT (DATES REMAIN)

2/5/2021: Notice - NOTICE OF CASE REASSIGNMENT (DATES REMAIN)

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)

8/6/2020: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)

Motion to Amend Judgment - MOTION TO AMEND JUDGMENT TO ADD DEBTOR

10/29/2020: Motion to Amend Judgment - MOTION TO AMEND JUDGMENT TO ADD DEBTOR

Writ - Return

1/29/2020: Writ - Return

Application and Order for Appearance and Examination

4/7/2020: Application and Order for Appearance and Examination

Assignment of Judgment

7/17/2019: Assignment of Judgment

Writ of Execution - WRIT OF EXECUTION (ORANGE)

7/17/2019: Writ of Execution - WRIT OF EXECUTION (ORANGE)

Assignment of Judgment

7/17/2019: Assignment of Judgment

Writ of Execution

7/17/2019: Writ of Execution

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

7/17/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

14 More Documents Available

 

Docket Entries

  • 03/04/2021
  • Docketat 08:30 AM in Department M, Deirdre Hill, Presiding; Hearing on Motion to Amend Judgment - Held - Motion Granted

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  • 03/04/2021
  • DocketMinute Order ( (Hearing on Motion to Amend Judgment)); Filed by Clerk

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  • 02/05/2021
  • DocketNotice (of Case Reassignment (Dates Remain)); Filed by UPSTREAM CAPITAL INVESTMENTS LLC (Assignee)

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  • 01/29/2021
  • DocketNotice (of Case Reassignment); Filed by UPSTREAM CAPITAL INVESTMENTS LLC (Assignee)

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  • 01/25/2021
  • Docketat 08:30 AM in Department B; Hearing on Motion to Amend Judgment - Not Held - Vacated by Court

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  • 01/20/2021
  • DocketNotice (of Continuance of Hearing on Motion to Amend Judgment to Add Debtor and Case Reassignment); Filed by UPSTREAM CAPITAL INVESTMENTS LLC (Assignee)

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  • 01/19/2021
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 10/29/2020
  • DocketMotion to Amend Judgment (to Add Debtor); Filed by UPSTREAM CAPITAL INVESTMENTS LLC (Assignee)

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  • 08/06/2020
  • Docketat 08:30 AM in Department B; Hearing on Application for Order for Appearance and Examination - Not Held - Vacated by Court

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  • 08/06/2020
  • DocketMinute Order ( (Hearing on Application for Order for Appearance and Examination)); Filed by Clerk

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11 More Docket Entries
  • 04/24/2013
  • DocketDefault Judgment

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  • 04/24/2013
  • DocketJudgment; Filed by Plaintiff

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  • 04/24/2013
  • DocketMiscellaneous-Other; Filed by JAMES J. REGAN (Plaintiff)

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  • 04/24/2013
  • DocketRequest for Entry of Default / Judgment; Filed by JAMES J. REGAN (Plaintiff)

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  • 04/24/2013
  • DocketJudgment (- Other Clerk Judgment - 04/24/2013 entered for Plaintiff REGAN, JAMES J. against Defendant DIRUGGIERO, CLAUDIO.); Filed by Clerk

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  • 01/23/2013
  • DocketRequest for Entry of Default / Judgment; Filed by JAMES J. REGAN (Plaintiff)

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  • 01/09/2013
  • DocketProof of Service (not Summons and Complaint); Filed by JAMES J. REGAN (Plaintiff)

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  • 11/16/2012
  • DocketComplaint; Filed by JAMES J. REGAN (Plaintiff)

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  • 11/16/2012
  • DocketNotice of Case Management Conference; Filed by JAMES J. REGAN (Plaintiff)

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  • 11/16/2012
  • DocketSummons; Filed by JAMES J. REGAN (Plaintiff)

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Tentative Rulings

Case Number: YC068156    Hearing Date: March 04, 2021    Dept: M

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. M

JAMES J. REGAN, et al.,

Plaintiffs,

Case No.:

YC068156

vs.

[Tentative] RULING

CLAUDIO DIRUGGIERO,

Defendant.

Hearing Date: March 4, 2021

Moving Parties: Assignee of record Upstream Capital Investments, LLC

Responding Party: None

Motion to Amend Judgment to Add Debtor

The court considered the moving papers.

RULING

The motion is GRANTED.

BACKGROUND

On November 16, 2012, plaintiffs James J. Regan and Regan & Associates filed a complaint against Claudio DiRuggiero for breach of contract, common counts, and quantum meruit in the amount of $153,500 for failure to pay for legal services rendered.

On January 23, 2013, a default was entered against defendant.

On April 24, 203, a default judgment was entered against defendant.

On July 17, 2019, a writ of execution was issued. The executor of the estate of James Regan dba Regan & Associates filed an acknowledgement of assignment of judgment to Upstream Capital Investments LLC

LEGAL AUTHORITY

Under CCP §187, “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.”

“’Code of Civil Procedure section 187 authorizes a trial court to amend a judgment to add judgment debtors.’ (Postal Instant Press, Inc. v. Kaswa Corp. (2008) 162 Cal. App. 4th 1510, 1517.) The court may exercise its authority to impose liability upon an alter ego who had control of the litigation, and was therefore represented in it. (Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conf. Center Bd. (1996) 41 Cal. App. 4th 1551, 1555.) The addition of a new party as judgment debtor stems from the concept of the alter ego doctrine, which is that an identity exists between the new party and the original party, whose participation in the trial leading to the judgment represented the newly added party. (Oyakawa v. Gillett (1992) 8 Cal. App. 4th 628, 631.) Therefore amending a judgment to add an alter ego does not add a new defendant but instead inserts the correct name of the real defendant. In order to see that justice is done, great liberality is encouraged in the allowance of amendments brought pursuant to Code of Civil Procedure section 187. (Greenspan v. LADT LLC (2010) 191 Cal. App. 4th 486, 508.).” Misik v. D'Arco (2011) 197 Cal. App. 4th 1065, 1072-73.

DISCUSSION

Assignee of record Upstream Capital Investments, LLC requests that the court amend the judgment to add Landmark Design & Build, Inc. dba Mediterranean Marble & Granite (“Landmark”) as a judgment debtor.

Assignee contends that the judgment has not been fully satisfied. Assignee argues that Landmark should be held jointly and severally liable for the acts of defendant Claudio Diruggiero as it is a “mere alter ego” of Diruggiero. Assignee asserts that the business account of Landmark is nothing more than another personal account of Diruggiero. Assignee asserts that the constant use of Landmark’s business account for personal items and obligations shows that Landmark is merely an extension of Diruggiero. Thus, Assignee argues, the separate entity should be disregarded and treated as an alter ego of Diruggiero. Further, to treat them as separate entities would allow for an inequitable result. Counsel conducted a business search on July 23, 2020 that showed Landmark as being “FTB Suspended.” Assignee presents copies of Landmark’s bank statements showing ATM and debit card withdrawals of a personal nature, including at local markets, dining establishments, a UFC gym membership, and checks made out for utilities and rent and “bonus” checks to himself. Diruggiero is the only person authorized to use the business account and he is listed as president of the business. See declaration of Cole W. Yeargin.

Assignee presents sufficient evidence to show that defendant and Landmark are the same to prove the elements of alter ego.

The motion is thus GRANTED.

Plaintiff is ordered to give notice of the ruling.

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