Judge: Craig Griffin, Case: AMC Investment v. Ying, Date: 2022-09-19 Tentative Ruling

The motion of plaintiff AMC Investment, Inc., for summary adjudication is DENIED with respect to all four issues.  Plaintiff has not met its burden on the motion as to any of the issues. 

Specifically, while some of the facts and documentary evidence submitted by plaintiff clearly support its contentions that Chi Jun Xie, Karen Kangjia Xie, and Lina Lai are its sole owners of it and that plaintiff is the owner of the hotel, other facts, particularly facts 6, 7, 11, 12, 13, and 14, which rely solely on the defendant’s answers in his responses to two sets of RFAs and his deposition testimony, clearly show there are triable issues of material fact as to the ownership of the hotel. 

Also, Chi Jun Xie, Karen Kangjia Xie, and Lina Lai all attested in their declarations that they hold ownership of plaintiff in interests of 70%, 15%, and 15%, respectively.  However, the deed of trust was executed in 10-17, which means that they have not shown that defendant did not have any interest in plaintiff at the time he signed the deed of trust.

Plaintiff’s evidentiary objections are all overruled.