Q: Do I have to win a case against an individual to add him to an existing default judgment as a debtor pursuant to CCP 187
I understand that in order to add a new defendant to a judgment:
" requires that the new party be the alter ego of the old party and (2) that the new party had controlled the litigation, thereby having had the opportunity to litigate, in order to satisfy due process concerns."
I think I can overcome those requriements but I'm curious must I win against the individual to add him to the existing default judgment?
Does the verdict matter?
Can I release the individual and add him to the judgment if I can prove he had control of the litigation for the LLC?
A: Adding a defendant to a lawsuit differs from trying to use a default judgment against an unnamed party to the underlying lawsuit. Due Process must be upheld. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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