Global Telecom Engineering, Inc v. Seowon Intech Co Ltd
Opinion
Trial Court Opinion
I. Discussion
a. Plaintiff Appears to Lack Capacity to Sue
The court first addresses Defendant’s argument that Plaintiff lacks capacity to sue because it does not exist as a corporation in either California or Delaware. (Mot. at 4-10.) Plaintiff argues that it merged into a Delaware corporation called Global Telecom Engineering, Inc. on or about October 9, 2018, and the claims in this lawsuit survived the merger. (Opp. at 2- 3.) Plaintiff requests that Global Telecom Engineering, Inc. be joined to this action if the court determines that it is the correct party in interest. (Id. at 3-4.) The parties do not dispute that the
CIVIL MINUTES – GENERAL
Case 8:16-cv-02212-FWS-DFM Document 260 Filed 11/29/ Page 3 of Page ID #:5496 __________________________________________________________________
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 8:16-cv-02212-FWS-DFM Date: November 29, 2022 Title: Global Telecom Corporation v. Seowon Intech Co Ltd et al.
merger occurred. (See Rendón Decl. ¶ 5; Opp. at 2.) Accordingly, the relevant question for the…