V&C Investments v. Fusion Hospitality Corp. CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Two Lawsuits, and the Two Settlement Agreements The two lawsuits are grounded in disputes that arose between Fusion and members of the Patel family (including Mukesh Patel and Vishal Patel) who dealt with Fusion as investors and/or lenders. In the first lawsuit (the Mukesh Lawsuit), Mukesh Patel and an affiliate named MP1959 Investment, LLC (collectively, Mukesh) sued Fusion for breach of contract. This lawsuit seemingly resolved, six months later, when Mukesh and Fusion entered into a settlement agreement (the Mukesh

Settlement Agreement).

Our description of proceedings in the Mukesh Lawsuit is drawn from the following documents on file with the superior court in that lawsuit (Mukesh Patel v. Fusion Hospitality Corporation, Super. Ct. San Diego County, No. 37-2019-00006221-CU-BC-CTL): ROA No. 1 (original complaint, filed February 1, 2019); ROA No. 25 (papers in support of motion for entry of judgment, filed October 31, 2019), excluding declaration of counsel and exhibits; ROA No. 30 (papers in opposition to motion for entry of judgment, filed February 3, 2020), excluding declaration of counsel and exhibits; ROA No. 35…