Judge: Nick A. Dourbetas, Case: 2020-01156788, Date: 2022-08-26 Tentative Ruling

1. Motion for Leave to File Amended Complaint
2. Motion for Summary Judgment and/or Adjudication

Motion No. 1:

Plaintiff 232 Grand Blvd., LLC.’s motion for leave to file a Second Amended Complaint is GRANTED.  Plaintiff shall submit an electronic copy of the pleading for filing.  The Second Amended Complaint is deemed served upon all parties who have appeared herein.

Plaintiff to give notice.

Motion No. 2:

Defendants Hiroshi Maeda and Miyuki Maeda’s motion for summary judgment as to the claims asserted against them by plaintiff 232 Grand Blvd., LLC is DENIED.  There are triable issues of fact as to whether Green Tea World, USA, Inc. was insolvent at the time the money in question was transferred.  There are triable issues of fact as to whether Moving Parties are protected from liability under the Business Judgment Rule.

Specifically, there are triable issues of fact as to UMF # 21, 22, 24, 25, 26, 35, 37,40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 54, 56 through 69 and supplemental response to separate statement #70-82.

Plaintiff’s objections to the declaration of Hiroshi Maeda is sustained as to #2 and overruled as to the remainder.

Plaintiff’s objections to the declaration of Miyuki Maeda is sustained as to #6 and 7 and overruled as to the remainder.

Plaintiff’s objections to the declaration of Hiro Isogawa are overruled.

Plaintiff’s request for Judicial Notice is granted.

The court declines to consider defendants’ “Reply to Plaintiff’s Response to Separate Statement” (ROA #84) as Moving Party has cited no statutory authority for the filing or consideration of such a document. 

Plaintiff to give notice.