Banyan Limited Partnership v. Baer
Dan W. Baer appeals from a postjudgment order in favor of Banyan Limited Partnership (Banyan), Pear Tree Limited Partnership (Pear Tree), and Orange Blossom Limited Partnership (Orange Blossom) (hereafter referred to collectively as the Grammer Limited Partnerships). In a court trial, the Grammer Limited Partnerships obtained a judgment totaling about $1.1 million against two corporations owned by Baer—IBT International, Inc. (“IBTâ€) and Southern California Sunbelt Developers, Inc. (“SCSDâ€)[1]—for loans they made to the corporations that had not been repaid. Although the Grammer Limited Partnerships’ complaint alleged Baer was an alter ego of his corporations, no evidence concerning the alter ego relationship was presented at trial and in its statement of decision, the court found the Grammer Limited Partnerships had affirmatively abandoned the alter ego claim. The trial court subsequently granted the Grammer Limited Partnerships’ motion for new trial and amended its statement of decision to delete the abandonment finding. The Grammer Limited Partnerships filed a motion to dismiss Baer’s appeal, contending the order is not separately appealable. We reject their contentions and deny the motion to dismiss. Baer contends the order must be reversed because the time for ruling on a new trial motion had expired. We agree and reverse the order.
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