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Bonduris v. Lyons

Bonduris v. Lyons
04:07:2006

Bonduris v. Lyons



Filed 4/5/06 Bonduris v. Lyons CA1/5





NOT TO BE PUBLISHED IN OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





FIRST APPELLATE DISTRICT





DIVISION FIVE













JOHN BONDURIS et al.,


Plaintiffs and Respondents,


v.


MARSHALL WILLIAM LYONS,


Defendant and Appellant.




A110539



(Sonoma County


Super. Ct. No. SVC-232088)



Defendant Marshall William Lyons appeals, in propria persona, a default judgment entered against him.[1] He argues that the trial court abused its discretion by (1) failing to grant mandatory relief pursuant to Code of Civil Procedure section 473, subdivision (b) (hereafter section 473(b)); (2) failing to recognize that plaintiffs' suit pierced the corporate veil between Lyons and his corporation, Sonoma Creek Property Services, Inc. (SCPS); and (3) awarding plaintiffs excess damages.[2] We disagree and affirm.


Factual and Procedural Background


Facts[3]


In September 2001, Lyons filed articles of incorporation for SCPS with the Secretary of State of California. Lyons presented SCPS as a â€





Description A decision egarding intentional misrepresentation, promising without intending to perform, conversion, breach of contract, breach of fiduciary duty and constructive trust.
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