Hui Peng v. Dong Li
Opinion
Trial Court Opinion
I. BACKGROUND
On February 13, 2020, Plaintiff Hui Peng (“Plaintiff”) filed this action against Defendant Dong Li (“Defendant”) in Orange County Superior Court, alleging the following California law claims: (1) intentional fraud/deceit; (2) conversion; and (3) breach of fiduciary duty. (See Compl., Doc. 1-2.) In brief, the Complaint alleges that Defendant induced Plaintiff to sell all her shares in a California company called Leoch Battery Corporation (“LBC”) by making material misrepresentations about the transaction. (Compl. ¶¶ 5-28.) On February 24, 2020, Plaintiff attempted to serve the Complaint and Summons on Defendant by substitution at the offices of LBC in Foothill Ranch, Orange County, California. (Buxbaum Decl., Doc. 10, ¶ 3.) On August 24, 2020, the Superior Court the granted Defendant’s motion to quash the service of summons and complaint. (Id. ¶ 4.) Plaintiff re-effected service on December 1, 2020. (Id. ¶ 7.) On February 2, 2021, Defendant removed the action to this Court, invoking ______________________________________________________________________________