I won judgment against former employer. The labor comissioner named only the llc as defendant . Sec of state data states the llc had been cancelled since 2010 and former employer is the only officer.I have garnished the llc bank account. But it account had 10% of judgment
What is the procedure in asking the court to ammend judgment and add former employers name.
2 Answers from Attorneys
The following article comes from the LA County Bar Association on using California Code of Civil Procedure Section 187 to amend a judgment.
http://www.lacba.org/Files/Main Folder/Sections/Provisional & Post-Judgement Remedies/Images/CCP_187.pdf
Amending the judgment will be more than just adding a name.
The reason an LLC exists is to protect individuals from personal liability. You will need to prove that the LLC did not follow all requirements to receive protection from limited liability laws...remember as plaintiff you have burden of proof here and must be able to substantiate that claim to ...