Not Here. But Guilty.

Mac v. Minassian, No. B309490 (D2d8 Mar. 18, 2022).

Plaintiff sued some Defendants over failure to pay debts incurred in opening a restaurant. The parties stipulated to amend the complaint to drop one of the Defendants. But the Court never signed the stipulation. Then the case got tried, where everyone assumed that the stipulated amended complaint was operative. There was a bench trial. Afterwards, Plaintiff moved to amend the complaint to conform with proof to add back the missing Defendant. The trial court denied that because it would have prejudice the missing Defendant. But the Court’s statement of decision made findings against him and its judgment named him as a judgment debtor. It should probably go without saying, but absent the kind of situation where you amend a judgment to add an alter ego—not at play here—you can’t add a defendant after trial is over.

Reversed.