Failure To Plead Alter Ego Theory Does Not Preclude Amendment Of Judgment If Alter Ego Was Virtually Represented In The Action.

After obtaining judgment against Sayrahan Group, LLC, plaintiff discovered that D’Arco had always had a 100% ownership of the company and made all of its business decisions. Plaintiff filed a motion to amend the judgment to add D’Arco as a judgment debtor. The trial court denied the motion, holding plaintiff had to file a new action to enforce the judgment against the alter ego. The Court of Appeal reversed, where the alter ego had control of the litigation, he was represented in it. Under these circumstances, California Code of Civil Procedure section 187, applies to authorize the court to amend the judgment to add the judgment debtor. Misik v. D’Arco (Cal. App. Second Dist., Div. 3; July 27, 2011) (As Mod. August 9, 2011)  197 Cal.App.4th 1065, [130 Cal.Rptr.3d 123; 2011 DJDAR 11250].