Xuan Geng v. Shi Che

I. INTRODUCTION & BACKGROUND

26 On September 23, 2020, Plaintiff Xuan Geng filed this action in the Superior Court 27 of California, County of Orange, against Defendants Shi Che, Zhiyuan Che, and

-1- Case 8:22-cv-01716-CJC-KES Document Filed 11/03/ Page 2 of Page ID #:384

Shandong Marine Group, Ltd., (see Dkt. 1 Ex. 1 [Complaint] at 5), and amended the complaint on July 29, 2022, to drop Shandong Marine Group and add Defendants Shandong Oriental Ocean Group Co., Ltd., Aviq, Inc., and Chameron Chetty, (see id. Ex. 2 [First Amended Complaint, hereinafter “FAC”] at 10–11). Avioq and Chetty were served on August 20, 2022. (See Dkt. 1 [Defendants Avioq, Inc. and Dr. Chamroen Chetty’s Notice of Removal of Action, hereinafter “Notice”] ¶ 3.) Geng alleged causes of action against Defendants for breach of contract and common counts for open book account, account stated, and money had and received in connection with a loan agreement. (See FAC ¶¶ 1, 21–40.) Avioq and Chetty then removed the action on September 19, 2022, invoking this Court’s diversity jurisdiction. (See Notice ¶ 10.) 11 On September 23, 2022, the Court…