Case Number: BC527937    Hearing Date: July 29, 2014    Dept: 58

JUDGE ROLF M. TREU
DEPARTMENT 58
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Hearing Date: Tuesday, July 29, 2014
Calendar No: 5
Case Name: Rothman v. Genesis Biopharma, Inc., et al.
Case No.: BC527937
Motion: Motion to Amend Judgment
Moving Party: Plaintiff Barry K. Rothman
Responding Party: No opposition filed
Notice: Insufficient proof of service

Tentative Ruling: Motion to amend judgment is denied without prejudice.
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Background –
On 11/15/13, Plaintiff Barry K. Rothman, individually and dba Law Offices of Barry K. Rothman, filed this action against Defendants Genesis Biopharma, Inc., Anthony Cataldo, and Michael Handelman arising out of the alleged failure to pay for legal services. On 1/15/14, defaults were entered against Genesis Biopharma and Cataldo. On 1/22/14, default was entered against Handelman. On 2/19/14, Plaintiff voluntarily dismissed Cataldo with prejudice. On 4/4/14, the Court entered default judgment in favor of Plaintiff in the total amount of $27,077.70 against Genesis Biopharma with Handelman’s joint and several liability limited to $5,000 of that amount.

Motion to Amend Judgment –
On 4/30/14, Plaintiff filed this motion to amend the judgment to add Lion Biotechnologies, Inc. as a judgment debtor pursuant to CCP § 187. “Under [CCP] section 187, the trial court is authorized to amend a judgment to add additional judgment debtors. As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.’” Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conf. Center Bd. (1996) 41 Cal.App.4th 1551, 1555 (citations omitted). “In order to see that justice is done, great liberality is encouraged in the allowance of amendments brought pursuant to [CCP §] 187.” Misik v. D’Arco (2011) 197 Cal.App.4th 1065, 1073.

Plaintiff submits that Genesis Biopharma has merged into Lion Biotechnologies with Lion Biotechnologies being the sole surviving corporation: all of Genesis Biopharma’s assets and liabilities were transferred to Lion Biotechnologies, Genesis Biopharma’s directors and officers became directors and officers of Lion Biotechnologies, the bylaws of Lion Biotechnologies were amended and restated to be identical to Genesis Biopharma’s, and the only consideration was an exchange of stock. See Rothman Decl. ¶¶ 2-3, Exs. 1-4. Plaintiff argues that Lion Biotechnologies is a successor corporation. See, e.g., McClellan v. Northridge Park Townhome Owners Ass’n, Inc. (2001) 89 Cal.App.4th 746, 753-54.

No opposition was filed. The proof of service indicates that this motion was served on Manish Singh as the agent for service of process for Lion Biotechnologies at 23526 Dolorosa St., Woodland Hills, CA 91367. However, no evidence has been submitted to establish that Manish Singh is the agent for service of process or that the address is proper. Therefore, the motion to amend judgment is denied without prejudice.