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SOUTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

Plaintiff Alleges Defamation Against Kizh Nation Resources Management

State Court
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A recent court filing reveals a complex legal battle involving allegations of defamation, invasion of privacy, and other serious claims. Emilio Reyes filed a complaint against Kizh Nation Resources Management (KNRM) in the Superior Court of Los Angeles County on August 21, 2024. The case revolves around accusations that KNRM and associated individuals wrongfully obtained and misused confidential genealogical information about Reyes.

Emilio Reyes initiated this lawsuit on October 4, 2018, with an amended complaint filed on August 13, 2021. The defendants include Andrew Salas, Alexandra R. McIntosh (Reyes's former attorney), Lorraine Ann Escobar (a genealogist), KNRM, Los Indios De San Gabriel Inc., and others. Reyes alleges that Salas and Escobar conspired to obtain his genealogical information under false pretenses and published defamatory reports claiming his ancestors were of Spanish or Mexican descent rather than Native American. These reports were allegedly posted on the Los Indios website and sent to various government entities.

The crux of Reyes's argument is that KNRM should be held liable for the actions of Salas under an alter ego theory because Salas was the president and CEO of KNRM. Reyes contends that there was a unity of interest between KNRM and Los Indios, evidenced by shared business addresses and overlapping leadership roles held by Salas. However, the trial court granted summary judgment in favor of KNRM, stating that Reyes failed to provide sufficient evidence to support his claims.

Reyes sought damages totaling $11 million from the defendants: $5 million each from Salas and Los Indios, and $1 million from KNRM. He also requested leave to amend his complaint to add new causes of action for conversion, aiding and abetting, malicious prosecution, and abuse of process while removing certain defendants from the case. However, the court denied this motion without prejudice, allowing for potential future amendments after considering the summary judgment motion.

The trial court found that KNRM successfully demonstrated it was not liable as an alter ego or joint enterprise with Salas or Los Indios. Despite shared business addresses and some overlapping roles between KNRM and Los Indios, there was no evidence of commingling funds or improper corporate conduct that would justify piercing the corporate veil. Additionally, statements made by Salas in his declaration further supported KNRM's defense.

Representing himself pro se, Emilio Reyes argued passionately but ultimately could not overcome the evidentiary burden required to prove his claims against KNRM. The court's decision underscores the challenges plaintiffs face when attempting to hold corporations accountable for individual actions through theories like alter ego liability.

Attorneys Kevin R. Lussier and Katy S. Bekken from Cruser Mitchell Novitz Sanchez Gaston & Zimet represented Kizh Nation Resources Management in this case before Judges Mel Red Recana and Robert B. Broadbelt under Case ID BC724250.

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