UPLIFTERS! We have some monumental news to report today! Today we scored the legal equivalent to a game-winning touchdown in court! Uplift Law was hired as co-counsel to help with a judgment enforcement on a case won back in 2017 but that had never been able to collect on. The defendant had previously lost in court but when it came time for him to pay, he claimed that his company was insolvent, and that the company was essentially bankrupt. Attorneys at the time tried to include the owner’s personal assets as connected to the company but the judge ruled against that saying there was no alter ego found.
Once we were brought on, we did our due diligence and found out that this same man had been subsequently operating under similar names. We were able to do something truly groundbreaking, and that is amend the judgment after it was rendered, we were able to pierce the corporate veil and reach the owner. The defendant’s millions of dollars are now within our clients’ grasp to satisfy the full amount of their judgment and attorneys fees.
Through our investigation, we found that there was sufficient evidence to basically say that the defendant was an alter ego for his company, and as such should be held personally liable. We were able to prove our case to the judge, and the judge ruled in our favor to amend the judgment. This is practically unprecedented and UNHEARD OF! Our hard work ultimately paid off! From the judge’s ruling:
Since the Judgment was entered, Plaintiffs have been unable to collect it. Brian Schear has drained his corporation of assets and operated under similar names. Although the Court held three years ago that Brian Schear was not the alter ego of Schear, Inc., the subsequent events establish that the Court should grant this motion.
Brian Schear and Schear, Inc. shared a unity of interest. During the litigation, he controlled the corporation. At the time of the Judgment, Shear, Inc. was a viable enterprise. He discarded the corporation for no apparent payment. If Brian Schear was not named the alter ego of Defendant Shear, Inc., there would be an inequitable result.
Piercing the corporate veil in such a definitive way as this, by proving that a company’s owner IS personally liable for his company’s misdeeds, is nearly unheard of! Our hard work paid off as we were able to disprove his claim that he was incapable of paying his debt to our client off despite living lavishly. We are so proud of our team’s huge accomplishment!
To read the full judgment click here: http://www.occourts.org/tentativerulings/glewisrulings.htm