Judge: Michael Small, Case: 22STCV40309, Date: 2024-10-03 Tentative Ruling

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Case Number: 22STCV40309    Hearing Date: October 3, 2024    Dept: 57

The motions of Plaintiffs Eastwood International Logistics, (Shanghai) Co., Ltd Lianyungang Branch (“Eastwood”) and Shanghai Yuda Logistics Co. Ltd. (“Yuda”) (together, “Plaintiffs”) for summary judgment on their claims against Defendant DB Shipping (USA), Inc. (“DB”) are denied. 

The Plaintiffs carried their burden of showing in the first instance the lack of any disputed issues of material fact on their claims, thus shifting the burden to DB to show the existence of disputed issues of material fact.  In the Court's view, DB satisfied that burden through the declaration of DB's owner, Dennis Wang.  In particular, the Wang declaration raises a triable issue as to whether the "account stated" between Eastwood and DB on which Eastwood's claims against DB rest was a product of fraud and whether the person who executed a settlement agreement on DB's behalf, Gerry Hong, resolving discrepancies in accounts payable between the two entities, had the authority to do so.  The Wang declaration also raises a triable issue as to whether a statement between DB and Yuda regarding their dealings was the product of fraud and whether Hong had the authority to execute a settlement agreement between DB and Yuda on DB's behalf.   In making these determinations, the Court has considered the Plaintiffs' objections to the Wang declaration.  The Court is overruling those  objections.  The  Court did not consider DB's late-filed "amended" oppositions to the Plaintiffs' motions, which diverge from the initial oppositions.   DB's initial oppositions, supported by the Wang declaration and DB's response to the Plaintiffs' separate statements of undisputed material facts, were sufficient to fend off summary judgment.