Rincon EV Realty v. CP III Rincon Towers CA1/4
Richard Cohen appeals after the trial court amended the judgment to add him as a judgment debtor on alter ego grounds in this commercial real estate dispute. The amendment makes Cohen liable for a $9.2 million attorney fees award entered against the plaintiff “Rincon” entities—Rincon EV Realty LLC, Rincon ET Realty LLC, and Rincon Residential Towers LLC. Cohen argues that, because the plaintiffs are Delaware limited liability companies (LLC’s), the court should have applied Delaware law, rather than California law, to determine whether he is their alter ego. He also contends that bad faith must be proven to establish alter ego liability, and that there was no showing of bad faith here. Finally, Cohen claims there is no substantial evidence supporting the court’s findings on the unity of interest and inequitable result elements of the alter ego standard. We affirm.
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