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California: Shareholder Liability Under the "Alter-Ego" Doctrine

12-17-2015


Ordinarily,
shareholders are not personally responsible for corporate liabilities. However,
if a corporation has been operated as
the “alter ego” of its shareholders, the corporation’s creditors-including torts claimants- may be permitted to “pierce
the corporate veil” and enforce their claims directly against the shareholders.
(Similarly, an action may lie on an “alter ego” theory against the corporate
parent of a wrongdoing subsidiary.) Two requirements must be established prior
to considering whether the “alter-ego” liability may be appropriate.

 

Unity of interest: It must appear that the corporation was influenced
and governed by the persons sought to be held liable for its conduct; and there must be such “u...


CONSUMER ALERT

08-24-2015


ALLEGED FRAUDULENT AND DECEPTIVE BUSINESS PRACTICES IN MISSION VIEJO, CALIFORNIA

Our firm has been recently retained to represent a client against a business operating in Mission Viejo, California for alleged fraudulent and deceptive business practices.

The business establishment consistently advertises on cable TV promising potential investors a 60% return on investment if the consumer invests their gold, jewelry, and watches with them. Our client left a substantial amount of gold with the business for investment. We have recently been notified that the business sold our clients gold and has not paid her the 60% return on their investment.

According to the complaint filed in Orange County Superior Court, Central Justice Center, the business establishment lures it...


IS YOUR GEM SAFE WITH GEMOLOGICAL INSTITUTE OF AMERICA, INC.?

07-23-2015


On July 24th, 2014, our clients (“Plaintiffs”) submitted her engagement diamond to be graded and inscribed (for insurance purpose) to the world’s most trusted diamond grading expert, directly to their headquarter located in Carlsbad, California. They would have been better off not paying for their grading services, and going to another gem lab. It has now been one year to the date and not only has the Gemological Institute of America (“GIA”) withheld their diamond for the past year; GIA has now found themselves in two bicoastal lawsuits. Our clients have also had an extremely complicated litigation that has taken them from California to New York and is still nowhere to be finished.

COMPETING CLAIMS OF OWNERSHIP

After submitting their diamond for grading to GIA, Plaintif...


CALIFORNIA & U.S. FEDERAL IMMIGRATION LAW … THE CATCH-22

07-03-2015


A noncitizen who pleads guilty to California illicit substance charges is likely to stoke a conflict between federal immigration laws and California criminal law as it relates to whether a guilty plea will implicate the possibility of a noncitizen being deported or simply subjected to a host of federal immigration law consequences. To say the least, this makes for a rather unpredictable situation.

Recently, drug-based offenses have been a powerful tool in the deportation of non-citizens, but a proposed California law is seeking to change that by offering relief to noncitizens charged with minor drug crimes.

California State ...

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WAIVERS FOR GROUNDS OF INADMISSIBILITY-"HARDSHIP WAIVER"

03-27-2015


Have you been ordered removed and reentered the U.S. without inspection? Read this blog and contact San Diego Immigration Lawyer, Omid Rejali, Esq. for a free evaluation of your case.

Under INA §212(a)(9)(A)(i) Persons who have been ordered removed (through expedited removal or through removal proceedings initiated at the time of the person’s arrival in U.S.) after April, 1, 1997, and who seek admission within 5 years (or 20 years if second or subsequent removal, or at anytime if convicted of an aggravated felony) are inadmissible, unless prior admission has been granted to them.

WAIVERS

A person who is barred from admission under INA §212(a)(9)(A) may apply for readmission prior to the period of inadmissibility by seeking a waiver. A waiver is a formal request fr...

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