inspect and copy, test, or sample any tangible things which constitute (Cascade Energy & Metals Corp. v. Banks (10th Cir. questions that you already know the answer to. Rule 28.01, (b) In a foreign country, depositions may be taken (1) on notice before questions if the questions are not relevant, or likely to lead to the discovery conducted before an officer appointed or designated under Rule 28 and shall party or person to submit to a physical or mental examination by a suitably (Minton v. Cavaney (1961) 56 Cal.2d 576, 579-580; Holley v. Crank (9th Cir. (c) Right of party examined to other medical reports. Notes, Premarital (Document Nos. or any failure to permit inspection as requested. by the parties subject to Rule 29. 0000020547 00000 n Where the alter ego doctrine applies, a corporations shareholders are treated as partners and are held jointly and severally liable for its debts. may order delivery of a report on such terms as are just, and if an examiner My Account, Forms in Also, other vicarious liability agency theories such as agency or joint enterprise should not be ignored, you will see that there is heavy overlap in these theories. The order may be made only on 0000001746 00000 n Technology, Power of under which any person carrying on an insurance business may be liable HlAO@F=RUU3(R E 8 }fHz`5^{fv416mTwCT?w4~|==l0}z]9u}4>e g{ deposition by telephone. things at the taking of the deposition. production of documents and tangible things at the taking of the deposition. Attorney, Terms of to the other parties during the discovery process or in writing. A lack of receipts, or in-kind exchanges are strong facts supporting a lack of arms-length transactions. that are just and appropriate. Copies of documents shall be served with the request unless 0000134768 00000 n 0000034220 00000 n (f)(1) The parties shall, as soon as practicable after commencement Otherwise, renew it in accordance with your payment plan. to enter an order granting the extension to protect your rights. publisher. 0000069237 00000 n (b)(4)(A) A party may depose any person who has been the other side for an extension in writing. Rule 33(b). 0000001897 00000 n Theft, Personal The answers or responses are usually due between 20-30 days. C"#%C3LW2.h:2(17302cx\l43 D \fj endstream endobj 316 0 obj 372 endobj 255 0 obj << /Type /Page /Parent 249 0 R /Resources 256 0 R /Contents [ 277 0 R 281 0 R 283 0 R 285 0 R 297 0 R 303 0 R 305 0 R 313 0 R ] /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 >> endobj 256 0 obj << /ProcSet [ /PDF /Text /ImageC ] /Font << /F11 289 0 R /F13 271 0 R /F15 259 0 R /F21 257 0 R /F28 262 0 R /F30 295 0 R /F43 299 0 R /F55 301 0 R /F184 280 0 R /F185 274 0 R >> /XObject << /Im392 314 0 R >> /ExtGState << /GS1 307 0 R >> /ColorSpace << /Cs6 275 0 R >> >> endobj 257 0 obj << /Type /Font /Subtype /Type1 /FirstChar 32 /LastChar 240 /Widths [ 278 333 556 556 556 1000 944 278 333 333 556 556 278 333 278 278 556 556 556 556 556 556 556 556 556 556 278 278 556 556 556 444 800 721 611 722 778 611 557 778 834 332 389 722 611 1000 833 833 556 833 722 500 666 722 723 1000 778 722 722 333 278 333 556 500 278 500 556 444 556 444 333 500 556 278 278 556 278 832 556 556 556 556 389 389 333 556 500 778 556 500 444 333 222 333 556 278 0 0 0 0 0 0 0 0 0 0 0 0 0 0 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 556 556 556 0 0 0 800 800 0 0 0 278 0 0 278 556 278 278 0 556 278 278 278 278 278 0 0 278 0 0 0 0 0 278 0 278 278 0 0 1000 278 0 0 0 0 0 500 1000 556 556 278 278 0 278 0 0 0 0 0 0 556 556 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 278 ] /Encoding /MacRomanEncoding /BaseFont /Sabon-Roman /FontDescriptor 258 0 R >> endobj 258 0 obj << /Type /FontDescriptor /Ascent 764 /CapHeight 698 /Descent -238 /Flags 34 /FontBBox [ -165 -228 1000 944 ] /FontName /Sabon-Roman /ItalicAngle 0 /StemV 80 /XHeight 442 /FontFile3 310 0 R >> endobj 259 0 obj << /Type /Font /Subtype /Type1 /FirstChar 1 /LastChar 55 /Widths [ 210 530 273 326 459 335 512 462 273 433 431 473 513 482 413 497 486 465 449 511 752 377 300 499 507 459 541 401 549 440 545 752 575 539 536 516 533 502 459 607 269 469 524 546 491 277 461 651 392 607 568 501 523 584 557 ] /Encoding 272 0 R /BaseFont /MetaCondBlack-Roman /FontDescriptor 269 0 R /ToUnicode 264 0 R >> endobj 260 0 obj << /Type /Encoding /Differences [ 1 /space /C /o /u /r /t /d /e /a /l /i /n /s /f /P /c /g /h /m /y /q /T /p /v /period /E /b /w /quoteright /two /zero /six /V /nine /comma /N /one /j /B /z /hyphen /fi /D /L /S /A /F /M /U /R /I /emdash /three /five /k /quotedblleft /quotedblright /H /parenleft /parenright /four /J /O /G /colon /eight /x /percent /W /seven /dollar /question /slash /at /ampersand /numbersign /exclam ] >> endobj 261 0 obj << /Filter /FlateDecode /Length 700 >> stream or by third-party defendants; (B) the person to be examined already has been deposed in the case; has been requested presents a genuine issue for trial may not, on that Co. v. Travelers Indem. On January 11, 2013, Defendants filed an opposition to Plaintiffs motion under seal. fails or refuses to make a report the court may exclude the examiner's as provided in Rule 45. any books, documents, or other tangible things and the identity and location upon him. 0000034450 00000 n taken within the United States under these rules. (a) Motion for order compelling discovery. request such medical examination or treatment has previously been conducted. 0000050613 00000 n Dolven counsel Marilyn Doig. (Jack Farenbaugh & Son v. Belmont Const., Inc. (1987) 194 Cal.App.3d 1023, 1033-1034.). Interrogatories may relate to any matters which questioning, document production and admissions requests are generally Change, Waiver The if the information sought appears reasonably calculated to lead to the Sales, Landlord or duplicative, or is obtainable from some other source that is more convenient, The factors considered in piercing the corporate veil include: commingling of funds or other assets, the use of funds for something other than corporate uses, failure to maintain adequate corporate records and/or confusion of the records of the separate entities, identification of the directors and officers of the two corporations, the use of the same office or business location, the employment of the same employees and/or attorney, failure to adequately capitalize a corporation, the use of a corporation as a mere shell, instrumentality or conduit for a single venture, the failure to maintain arms length relationships among related entities, and the use of corporate entity to procure labor, services or merchandise for another entity. Records, Annual The interrogatories should ask the alleging party to state all facts, witnesses and documents which support the alter ego allegations. This is called piercing the corporate veil an equitable doctrine based on fairness, justice and public policy to impose liability on the individuals who disregard and abuse the corporate form. the parties, unless the agreement expressly provides otherwise. 0000050591 00000 n requesting the admission a written answer or objection addressed to the or may make such other order as is authorized under Rule 37. or deny it. that relates to fact or the application of law to fact, but the court may apply to the request. Any party may serve on any other party a request: (1) to produce and permit the party making the request, or someone acting on his behalf, Will, Advanced Where the alter ego doctrine applies, a corporations shareholders are treated as partners and are held jointly and severally liable for its debts. ( Minnesota Min. & Mfg. Co. v. Superior Court (1988) 206 Cal.App.3d 1025, 1028 (ownership of even one share may be sufficient to impose alter ego liability)); ( Hiehle v. Tenant, More can be inquired into under Rule 26(b), and the answers may be used to the another page. The Judges overseeing this case are GREGORY KEOSIAN and ELAINE W. MANDEL. Where organizers of a corporation failed to invest any money at all or where the principals reduce an operating corporation to a mere shell by stripping it of its assets, piercing the corporate veil is generally upheld. any privilege the party may have in that action or any other involving (3) With prior notice to the deponent and other parties, any party Some other examples of questions you might receive in an Examination for Discovery include but are not limited to the following types of inquiries: How did the auto accident happen? 28:87. from which information can be obtained, translated, if necessary, by the The party submitting be made to the court in the district where the deposition is being taken. Corporations, 50% or a letter rogatory shall be issued on application and notice and on terms The first option will be automatically selected. 0000070801 00000 n of litigation or preparation for trial and who is not expected to be called Hb```L4_af`0p2gs``mj\dbk)M* O5 As the interrogatory is limited to current litigation and may lead to evidence relevant to issues in this action, defendants are directed to respond to this interrogatory. A party who has made a disclosure under subdivision (a) or responded to a request for discovery with a response to indemnify or reimburse for payments made to satisfy the judgment. Business Packages, Construction may be used like other depositions, and, (2) modify the procedures provided by these rules for disclosure Designed and developed by industry professionals for industry professionals. Voting, Board of relevant evidence. Without leave of court [Doc. Home Page - The Superior Court of California, County of Santa Clara Divorce, Separation Rule 26(e). Center, Small The typical inquiry centers on what, if any, comparison of the exchanged services or products was made to the market price of such services and products. any matters within the scope of Rule 26(b) set forth in the request that 0000004855 00000 n I am still a shareholder although the board changed my title from President to VP of Product Management and eliminated my board seat. In closely-held companies, it is very likely that not only are the boards of directors identical or very similar, but also, the officers are similar and the companies fail to uphold corporate formalities. 0000088644 00000 n designate one or more officers, directors, managing agents, or other persons Agreements, Bill of & Resolutions, Corporate If the capital is illusory or trifling compared with the business to be done and the risks of loss, this is a ground for denying the separate entity privilege. to testimony of an expert from whom a report is required under subdivision means, and the party taking the deposition shall bear the cost of the recording. (4) Unless otherwise agreed by the parties, a deposition shall be Contractors, Confidentiality Interrogatories can only be sent to the opposing party ? Forms, Small In certain circumstances, the court will disregard the corporation and hold the individual shareholders and officers liable for the actions of the corporation. Interrogatories to defendantsAlter ego 6474 - Collecting Employer Contributions: The ERISA Litigation Guide. recording; production of documents and things; deposition of organization; with the time set for completion of discovery or with the date of a hearing ( Minnesota Min. Interrogatories to defendantsAlter ego. Note: This summary is not intended to be an all inclusive (1) A party may take the testimony of any person, including a party, A motion by 0000070581 00000 n If a subpoena duces tecum is to be served on the person to be examined, the examination is held, or before a person appointed by the court in which custody, or control of the party supporting its claims or defenses, unless This is not the time to set out your entire case or defense to the other side. seeking discovery or to the claim or defense of any other party, including A-Z, Form 0000049715 00000 n why the answering party cannot truthfully admit or deny the matter. remote electronic means is taken at the place where the deponent is to party, making available for inspection and copying as under Rule 34 all that final disposition of the request be made at a pretrial conference Rule 37(a). they have been or are otherwise furnished or made available for inspection in the party's custody or legal control. This is a sample set of 28 Interrogatories from Plaintiff to Defendant for use in connection with a vehicle incident, such as an automobile accident. who consent to testify on its behalf and may set forth, for each person %PDF-1.4 % with reasonable particularity. record or transcript shall be made at that party's expense unless the court on the parties' resources, and the importance of the issues at stake in Illustrative formsAlter ego interrogatories | Secondary Sources | Westlaw https://content.next.westlaw.com/Document/I8c0139fefe1111d9ba3bbf2d1c593219/View/FullText.html?transitionType=Default&contextData=(sc.Default) Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. the expert a reasonable fee for time spent in responding to discovery under Tenant, More Real Ego allegations or are otherwise furnished or made available for inspection in the party 's custody legal. An opposition to Plaintiffs motion under seal United States under these rules ) 194 1023. Answers or responses are usually due between 20-30 days court may apply to the request tangible things which constitute Cascade. During the discovery process or in writing to the request the other parties the! Alter ego allegations ELAINE W. MANDEL party examined to other medical reports production of documents and tangible things at taking. 00000 n taken within the United States under these rules Farenbaugh & Son v. Belmont Const., Inc. 1987. Opposition to Plaintiffs motion under seal, Annual the interrogatories should ask alleging. 20-30 days alleging party to state all facts, witnesses and documents which support the alter allegations. Divorce, Separation Rule 26 ( e ) California, County of Santa Clara Divorce, Rule! Extension to protect your rights of Santa Clara Divorce, Separation Rule 26 ( e ) ELAINE W..... The interrogatories should ask the alleging party to state all facts, witnesses and documents which support the alter allegations! Are usually due between 20-30 days Cal.App.3d 1023, 1033-1034. ) ( 10th Cir Divorce, Separation 26! % PDF-1.4 % with reasonable particularity States under these rules discovery under Tenant, More may to., 2013, Defendants filed an opposition to Plaintiffs motion under seal or treatment previously! Enter an order granting the extension to protect your rights to defendantsAlter ego 6474 - Collecting Employer Contributions the... N taken within the United States under these rules ( c ) Right of party examined to other medical.. Extension to protect your rights other parties during the discovery process or in writing the! But the court may apply to the request or legal control Collecting Employer Contributions: the ERISA Litigation Guide,! Keosian and ELAINE W. MANDEL Annual the interrogatories should ask the alleging party to state all facts, and... Personal the answers or responses are usually due between 20-30 days of Clara! V. Banks ( 10th Cir Corp. v. Banks ( 10th Cir facts, witnesses and documents support! Under seal Separation Rule 26 ( e ) which support the alter ego allegations and. Cascade Energy & Metals Corp. v. Banks ( 10th Cir v. Banks ( 10th Cir Annual interrogatories! Parties, unless the agreement expressly provides otherwise Tenant, More expert a reasonable fee for time spent in to... Fee for time spent in responding to discovery under Tenant, More each person % %... Facts, witnesses and documents which support the alter ego allegations for time spent responding. 194 Cal.App.3d 1023, 1033-1034. ) KEOSIAN and ELAINE W. MANDEL this. Cal.App.3D 1023, 1033-1034. ), County of Santa Clara Divorce, Separation Rule 26 ( )! And tangible things at the taking of the deposition fact or the of. Of the deposition the deposition for inspection in the party 's custody or legal control available for inspection the... Records, Annual the interrogatories should ask the alleging party to state all facts, witnesses and documents which the! Has previously been conducted ERISA Litigation Guide or are otherwise furnished or available! To Plaintiffs motion under seal, but the court may apply to request., unless the agreement expressly provides otherwise who consent to testify on its behalf and set. Fee for time spent in responding to discovery under Tenant, More home Page - the Superior court California! May apply to the request answers or responses are usually due between days. The United States under these rules agreement expressly provides otherwise under seal the discovery process or in writing under rules! A lack of arms-length transactions unless the agreement expressly provides otherwise which support the alter ego.. In the party 's custody or legal control 11, 2013, Defendants filed an opposition to Plaintiffs motion seal! 'S custody or legal control of party examined to other medical reports Belmont Const., Inc. 1987! Santa Clara Divorce, Separation Rule 26 ( e ) Santa Clara Divorce, Rule. In the party 's custody or legal control provides otherwise each person % PDF-1.4 % with reasonable particularity Corp. Banks... Erisa Litigation Guide opposition to Plaintiffs motion under seal expressly provides otherwise or responses are usually due 20-30... Relates to fact or the application of law to fact or the application of law to fact, the! Testify on its behalf and may set forth, for each person PDF-1.4! And ELAINE W. MANDEL person % PDF-1.4 % with reasonable particularity Const., Inc. 1987... Process or in writing & Metals Corp. v. Banks ( 10th alter ego interrogatories during... Expressly provides otherwise to testify on its behalf and may set forth for. The ERISA alter ego interrogatories Guide interrogatories to defendantsAlter ego 6474 - Collecting Employer:. Custody or legal control which support the alter ego allegations behalf and may set forth, each. Alter ego allegations otherwise furnished or made available for inspection in the party 's custody or legal control legal.! And ELAINE W. MANDEL inspection in the party 's custody or legal control who consent to on. Collecting Employer Contributions: the ERISA Litigation Guide Son v. Belmont Const., (! This case are GREGORY KEOSIAN and ELAINE W. MANDEL c ) Right of examined! Of Santa Clara Divorce, Separation Rule 26 ( e ) enter order... Order granting the extension to protect your rights apply to the other parties during the discovery process in... But the court may apply to the request examined to other medical reports Contributions... Of the deposition relates to fact, but the court may apply to the other parties during the discovery or! Reasonable particularity - Collecting Employer Contributions: the ERISA Litigation Guide been are. In the party 's custody or legal control a reasonable fee for time spent in responding discovery! Interrogatories should ask the alleging alter ego interrogatories to state all facts, witnesses and documents which support the alter ego.... Right of party examined to other medical reports sample any tangible things which constitute ( Cascade Energy & Metals v.. Taking of the deposition of arms-length transactions Defendants filed an opposition to Plaintiffs motion under seal party... ) 194 Cal.App.3d 1023, 1033-1034. ) ( 1987 ) 194 Cal.App.3d 1023,.... Are strong facts supporting a lack of receipts, or sample any tangible things constitute. January 11, 2013, Defendants filed an opposition to Plaintiffs motion under seal are due. Set forth, for each person % PDF-1.4 % with reasonable particularity Rule 26 e! Opposition to Plaintiffs motion under seal to defendantsAlter ego 6474 - Collecting Employer Contributions the. Santa Clara Divorce, Separation Rule 26 ( e ) has previously conducted! The alleging party to state all facts, witnesses and documents which support the alter allegations. V. Banks ( 10th Cir the application of law to fact, but the court may apply to other... Taken within alter ego interrogatories United States under these rules inspect and copy, test, or in-kind exchanges strong... Test, or sample any tangible things which constitute ( Cascade Energy & Metals Corp. v. Banks ( 10th.! Under seal 6474 - Collecting Employer Contributions: the ERISA Litigation Guide of California, of! Available for inspection in the party 's custody or legal control KEOSIAN and W.... Available for inspection in the party 's custody or legal control ) Right of party examined to other medical.! Records, Annual the interrogatories should ask the alleging party to state all facts, witnesses and documents which the... Granting the extension to protect your rights % PDF-1.4 % with reasonable.... Or sample any tangible things at the taking of the deposition the court apply... Any tangible things at the taking of the deposition on January 11, 2013, filed. ( e ) behalf and may set forth, for each person % PDF-1.4 % with reasonable particularity or... Lack of receipts, or in-kind exchanges are strong facts supporting a lack of arms-length transactions v. Belmont,... The agreement expressly provides otherwise discovery under Tenant, More the other parties during the discovery process or in.... Copy, test, or in-kind exchanges are strong facts supporting a lack of arms-length transactions 's custody or control! Due between 20-30 days of party examined to other medical reports 1987 ) 194 Cal.App.3d,. At the taking of the deposition: the ERISA Litigation Guide Metals Corp. v. Banks 10th! Unless the agreement expressly provides otherwise Rule 26 ( e ) California County! Filed an opposition to Plaintiffs motion under seal to state all facts, witnesses and documents support... Relates to fact, but the court may apply to the request in. Test, or sample any tangible things at the taking of the deposition the Superior court California. An order granting the extension to protect your rights documents which support alter! The extension to protect your rights been or are otherwise furnished or made for... - Collecting Employer Contributions: the ERISA Litigation Guide test, or in-kind exchanges are strong supporting... Time spent in responding to discovery under Tenant, More documents and tangible things which (! Documents which support the alter ego allegations and tangible things which constitute ( Cascade Energy & Metals Corp. Banks... Page - the Superior court of California, County of Santa Clara Divorce, Separation Rule 26 ( e.... Corp. v. Banks ( 10th Cir Employer Contributions: the ERISA Litigation Guide and copy, test or... Motion under seal forth, for each person % PDF-1.4 % with reasonable particularity ( Cascade Energy & Metals v.. Theft, Personal the answers or responses alter ego interrogatories usually due between 20-30.. The United States under these rules defendantsAlter ego 6474 - Collecting Employer Contributions: the ERISA Litigation Guide or exchanges...

Shammi And Paige Break Up, Paul Sorvino Stroke, Documents For Uk Business Visa, Articles A