Livingston

Livingston v. Pneu-Logic Corporation

Good Law
United States District Court, Northern District of CaliforniaApril 12, 20213:20-cv-07155California3,208 words

Opinion

Trial Court Opinion

I. INTRODUCTION

14 Plaintiff Grace Livingston brings this action against Pneu-Logic Corporation (“Pneu- 15 Logic”), along with its former president, Ned Dempsey, and DOES 1-50. Livingston alleges in 16 the First Amended Complaint that she and her husband loaned over $300,000 to Pneu-Logic under 17 a loan agreement (“Note”) that came due on October 15, 2016 and that Pneu-Logic has made no 18 payments on the loan. Instead, she alleges, Pneu-Logic was dissolved and its assets fraudulently 19 transferred to Dempsey and other shareholders. She asserts a claim for breach of contract, a claim 20 seeking to hold the shareholders liable under the Note, and a claim for voidable/fraudulent transfer 21 seeking to void the transfer of Pneu-Logic’s assets to Dempsey and other shareholders in order to 22 recover the outstanding amount due under the Note. 23 Presently before the Court are Defendant Dempsey’s Motion to Dismiss for Forum Non 24 Conveniens (“FNC Motion”) and Motion to Dismiss for Lack of Subject Matter Jurisdiction 25 (“Subject Matter Jurisdiction Motion”), and Pneu-Logic’s Motions for Joinder in those motions. 26 The Court finds that the Motions are suitable for determination…

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