Judge: Peter A. Hernandez, Case: 21PSCV00889, Date: 2022-09-14 Tentative Ruling

Case Number: 21PSCV00889    Hearing Date: September 14, 2022    Dept: O

Defendants California Investment Regional Center LLC’s and Zhong Fang’s Motion to Vacate and Set Aside Defaults is summarily DENIED without prejudice for insufficient notice [see below].

Background[1]  

Plaintiff Guangliang Zeng (“Plaintiff”) alleges as follows:

Plaintiff is a Chinese citizen; Defendant California Investment Regional Center LLC (“CIRC”) is a regional center for EB-5 investment immigration. On June 5, 2014, Plaintiff signed a “U.S. EB-5 Investment Immigration Agreement” and “EB-5 Investment Management Agreement” (collectively, “Investment Agreements”) with CIRC and paid $500,000.00. On June 30, 2017 and November 13, 2019, Plaintiff and CIRC signed a “Refund Agreement” and “Deferred Refund Agreement” (collectively, “Refund Agreement”). CIRC failed to refund the amount as agreed.

On October 29, 2021, Plaintiff filed a complaint, asserting a cause of action against CIRC, Zhong Fang (“Fang”) and Does 1-50 for:

1.                  Breach of Contract

On February 1, 2022, Fang’s default was entered. On February 2, 2022, CIRC’s default was entered.

Discussion

Fang and CIRC move the court for an order setting aside their defaults entered on February 1, 2022 and February 2, 2022, respectively, on the basis of mistake, inadvertence, surprise, or excusable neglect.

The motion is summarily DENIED without prejudice for insufficient notice, as set forth in footnote #1.