Miller v. Chavez
Stephanie Miller and New Vision Residential Care Center, Inc. (New Vision), appeal a judgment and the denial of their motion for judgment notwithstanding the verdict. The judgment denies Miller relief on her complaint against Karen Chavez and Norman Chavez pursuant to a pretrial order granting summary adjudication, and awards Karen Chavez $24,362 in damages against Miller and $7,438 in damages against New Vision on the Chavezes cross-complaint. Millers principal contentions are that there was no proper basis for summary adjudication, that the evidence is insufficient to support an implied finding that she was New Visions alter ego, and that the court erred in awarding attorney fees to the Chavezes as prevailing parties. Court conclude that the summary adjudication was proper. We also conclude that there is no substantial evidence to support the alter ego finding and therefore no basis for Millers liability on the cross-complaint. Court conclude further that Miller is not entitled to judgment notwithstanding the verdict and that a complete new trial on the cross-complaint against both Miller and New Vision is required. Court therefore will reverse the judgment and affirm the order denying the motion for judgment notwithstanding the verdict.
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