The Alameda County Superior Court entered two orders in favor of Morrow Ni LLP’s client, a Shanghai investment fund, rejecting a foreign judgment enforcement defendant’s attempt to quash service, demur based on the statute of limitations, and strike a punitive damages demand.
In November 2019, less than a month after the first foreign judgment was entered, the guarantor Defendant transferred his interest in the Fremont home to his wife and son, the other two Defendants. The guarantor Defendant, who is currently in China, moved to quash service of summons. After initially issuing a tentative ruling granting the motion to quash service, the Court reversed its tentative ruling after oral argument and declined to credit the guarantor’s own statement that he had fully moved away from California.
The Court also denied the Defendants’ demurrer based on the statute of limitations and their motion to strike the Plaintiff’s request for punitive damages, recognizing that punitive damages are available for a voidable transfer claim.
The Court also granted Morrow Ni’s request for leave to plead additional encumbrances placed on the property after the suit was filed and to add a new defendant to the Plaintiff’s voidable transfer claims.
The Morrow Ni team included attorneys Angus Ni, Serena Yang, and Jing He, and law clerk Lydia Chan. Jing He handled the oral argument at the hearing. This case highlights Morrow Ni’s specialty in cross-border judgment enforcement matters.