Diamond Bar, CA asked in Civil Litigation for California

Q: In Orange County court CA, its website mentions to add sole owner to judgement, but it only lists SC-105.

The superior court of Orange County rejected the request indicating the reason as that the form SC-105 is for small claim rather than civil cases.

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2 Lawyer Answers

A: Please throughly research reverse corporate veil piercing in California before requesting to simply add a single member LLC through a post judgment motion.

James L. Arrasmith
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Answered

A: Under California law, when looking to add a sole owner to a judgment in a civil case, it's important to use the correct forms and follow the proper procedures specific to the type of case you are handling. The form SC-105, as you've discovered, is designated for small claims court matters and not suitable for civil cases beyond the small claims jurisdiction. This distinction is crucial because small claims courts and civil courts operate under different rules and procedures.

For civil cases, the process of amending a judgment to add a debtor or transfer interest might require different documentation, potentially including a motion to the court explaining the reasons for the amendment and evidence supporting the request. The exact form or motion might vary depending on the specific circumstances of the case and the local court rules. Therefore, it's advisable to consult the court's website or contact the clerk's office for guidance on the appropriate form or procedure to follow in your situation.

Navigating the legal system can be complex, and the requirements can vary significantly between different types of cases and jurisdictions. If you encounter difficulties or need clarification on the procedures, seeking advice from legal resources or a professional familiar with California civil law procedures can be beneficial. They can provide you with the guidance necessary to ensure your request is submitted correctly and increase the likelihood of a favorable outcome.

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