Sichuan Kangda Decoration & Printing Co., Ltd. v. Huang Yamenga, Jian Wei, et al.
Published: Sep. 9, 2000 | Result Date: Jul. 27, 2000 | Filing Date: Jan. 1, 1900 |Case number: CV9913202R Bench Decision – $0
Facts
The plaintiff, a People's Republic of China corporation, alleged that the defendants, various Chinese nationals and several Hong Kong, California and Nevada corporations, defrauded plaintiff of over $5 million through sham letter of credict transactions. The plaintiff alleged that the scheme involved the presentation of false shipping documents to facilitate the payment of the letters of credit to companies located in Hong Kong. The plaintiff alleged that the scheme was controlled from Los Angeles, and that the proceeds of the transactions were invested in Los Angeles. The plaintiff contended that they were entitled to recoup over $5 million, plus interest and punitive damages. The plaintiff brought the lawsuit based on RICO, civil conspiracy, intentional misrepresentation, negligent misrepresentation, unjust enrichment, constructive trust and unfair competition (B&P 17200). The defendants contended that the transactions occurred in China, between Chinese nationals and corporations, and that the choice of forum was inappropriate (forum non conveniens). The defendants also contended that the plaintiff had assigned their rights to collect this alleged debt to a non-party Chinese corporation and that the plaintiff's failure to join the assignee made it impossible to maintain this action. Finally, the defendants contended that the RICO claims were insufficiently plead and that absent the RICO claims, there was no basis for federal jurisdiction.
Other Information
PLEASE PROVIDE THE NAME OF PLAINTIFF ATTY. FROM LATHAM & WATKINS __________________. ATTY. FROM ERVIN, COHEN & JESSUP ______________
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