MacKay & Somps, Civil Engineers, Inc. v. Dunmore C
A prelude: In two cases dating back 10 years, plaintiff MacKay & Somps, Civil Engineers, Inc. (MacKay), sought to recover its contractual fees for civil engineering and other services provided for two real estate developments in the City of Sacramento. The “Panhandle” project (case No. 34-2007-00883577-CU-CO-GDS) was in North Natomas, and the “Stone-Boswell” project (case No. 34-2008-0001226-CU-CL-GDS) was in Meadowview; an entwined pair of defendant real estate entities had undertaken the projects. MacKay filed “virtually identical” complaints respectively in December 2007 and January 2008, and the cases proceeded “in parallel fashion” (but not apparently in formal consolidation). In September 2009, MacKay unsuccessfully moved to amend the complaints to name Sidney B. Dunmore as a defendant under a theory of alter ego; the trial court denied the motions as failing to demonstrate good cause for bringing them on the eve of trial.
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