Judge: Joel L. Lofton, Case: 23AHCV01330, Date: 2024-06-27 Tentative Ruling

Case Number: 23AHCV01330    Hearing Date: June 27, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     June 27, 2023                          TRIAL DATE:  not set

CASE:                         HEBEI WANG v. LIQIANG ZHANG

CASE NO.:                 23AHCV01330

MOTION TO QUASH SERVICE OF SUMMONS

MOVING PARTY:               Specially appearing defendant Fuxian Zhang

RESPONDING PARTY:     none

SERVICE:                             Served on plaintiff Hebei Wang on April 4, 2024

OPPOSITION:                      none

REPLY:                                 none

RELIEF REQUESTED

            Specially appearing defendant Fuxian Zhang moves to quash the service of summons based on mistaken identity.

BACKGROUND

             This is a contractual fraud case. On November 29, 2023, Plaintiff Hebei Wang (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against defendants Liqiang Zhang (“Liqiang”), Ruoqi Zhang (“Ruoqi”), Fuxian Zhang (“Fuxian”), and Does 1-10 alleging four causes of action for (1) breach of contract, (2) unjust enrichment, (3) fraud, and (4) fraudulent transfer. Plaintiff alleges that defendants defrauded Plaintiff on an immigration visa or investment-based immigration project. The FAC alleges that Plaintiff reached an oral agreement with Liqiang to help Plaintiff’s daughter obtain an EB-5 green card, an investment-based green card. (FAC ¶ 9.) Plaintiff transferred over 3,000,000 Chinese yuan to Liqiang. (Ibid.) However, Liqiang never performed his end of the promise. (Id., ¶ 12.) After Plaintiff demanded a refund, Liqiang fraudulently transferred sums paid by Plaintiff to his own daughters, defendants Ruoqi and Fuxian. (Id., ¶ 13.)

TENTATIVE RULING

            Specially appearing defendant Fuxian Zhang’s motion to quash service of summons is GRANTED.

LEGAL STANDARD

            “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion . . . To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code of Civil Procedure section 418.10, subd. (a)(1).)

DISCUSSION

            Specially appearing defendant Fuxian Zhang (“Moving Defendant”) moves to quash service of summons on the grounds that she is not the Fuxian Zhang named in the FAC.

            According to the FAC, defendant Fuxian is defendant Liqiang’s daughter. Moving Defendant provides a copy of her marriage certificate, which states that her father’s name is Taian Zhang. (Zhang Decl., ¶ 5, Exh. 1.) Moving Defendant declares that she is an only child and does not have a sister named Ruoqi. (Id., ¶ 6.) Moving Defendant declares that her father is a Chinese government employee working in the electricity industry, who has never worked in the field of immigration. (Id., ¶ 7.) Moving Defendant notified Plaintiff’s counsel of their mistake. (Id., ¶ 9.) Plaintiff’s counsel confirmed over the phone that the Chinese character spelling of Moving Defendant’s name does not match that of defendant Fuxian, and that Moving Defendant is not from the same Chinese province as defendant Fuxian. (Id., ¶ 10.) Plaintiff’s daughter confirmed during a FaceTime call that Moving Defendant is not defendant Fuxian. (Id., ¶ 11.) On December 11, 2023, Plaintiff’s counsel gave counsel for Moving Defendant written confirmation that Moving Defendant is not defendant Fuxian. (Kim Decl., ¶ 3, Exh. 1.)

            The motion is unopposed.

CONCLUSION

Specially appearing defendant Fuxian Zhang’s motion to quash service of summons is GRANTED.

            Moving Party to provide notice.

Dated:   June 27, 2024                                    ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org