Wincar Welders v. Leebrick

California Court of Appeal Nov 7, 1960 No. Civ. 24610Published

Before: Fourt

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Holding. The court affirmed the judgment against the plaintiff, holding that the trial court's findings of fact and conclusions of law, which limited liability to the corporate entity Begs Oil Tool Rental, Inc., were supported by the evidence and within the trial court's discretion regarding the alter ego doctrine.

Issues

Whether the trial court erred in its findings regarding the liability of individual defendants and the application of the alter ego doctrine.
Whether the trial court's antecedent remarks restricted its power to declare its final conclusion through formal findings of fact and conclusions of law.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Whether or not the corporate entity may be disregarded is within the province of the trial court.”

“No antecedent expression of the judge, whether casual or cast in the form of an opinion, can in any way restrict his power to declare his final conclusion in the only manner authorized by law”

FOURT, J.

This is an appeal from the judgment entered against plaintiff as to all defendants except the Begs Oil Tool Rental, Inc.

On March 20, 1958, plaintiff filed a complaint wherein common counts were pleaded against the following defendants: “Robert Leebrick, Richard Leebrick, and Gene Hancock, individually, and doing business as Begs Oil Tool Rental, Inc. ; Robert Leebrick and Richard Leebrick, individually, and doing business as Leebrick & Fisher, Inc. ; Begs Oil Tool Rental, Inc., Leebrick & Fisher, Inc., ’ ’ and naming as other defendants Does I through IV. Plaintiff alleged some 10 separate and distinct causes of action against1 ‘ Dependants and Each op Them.” This court, pursuant to the Rules on Appeal, has ordered to this court the original superior court file and proceedings.

The defendants, Robert Leebrick, Richard Leebrick and Gene Hancock, individually and doing business as Begs Oil Tool Rental, Inc. ; Robert Leebrick and Richard Leebrick, individually and doing business as Leebrick & Fisher, Inc. ; Leebrick & Fisher, Inc. ; filed an answer on April 18, 1958. The answer consisted of general and special denials to each and every allegation of plaintiff’s complaint.

A default judgment was entered against Begs Oil Tool Rental, Inc., on February 3, 1959. The pretrial conference order filed February 16, 1959, provides in pertinent part as follows:

“Pre-Trial Conference Order.

“In the Superior Court . . .

< 6

“This is a complaint for money (common counts).

“The complaint is dismissed as to the fictitious defendants. The pleadings are proper and the issues joined.

“Plaintiff contends as follows: His first five causes of action are common counts for goods, wares, merchandise and services in the amount of $10,410.49, upon which $1,416.36 has been paid or credited; the second five causes of action are common counts upon an assigned claim of J. B. Nelson for goods, wares, ..merchandise and services in the amount of $7,064.21 upon' which $1,764.21 has been paid.

[197]

Wincar Welders v. Leebrick

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FOURT, J.

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