Chinacast Education Corporation v. Chen Zhou Guo et al, No. 2:2015cv05475 - Document 153 (C.D. Cal. 2019)
Court Description: FINAL JUDGMENT by Judge Andre Birotte Jr.: IT IS ORDERED, AJUDGED, AND DECREED that Judgment is hereby entered in favor of Defendant Zhuoguo Chen on Plaintiff ChinaCast Education Corporation's claims of fraud, aiding and abetting fraud, and aidi ng and abetting breach of fiduciary duty. Judgment is hereby entered in favor of Defendants Zhuoguo Chen and Huan Wang on Plaintiff ChinaCast Education Corporation's claims of conversion, money had and received, and unjust enrichment. Defendants Zhuoguo Chen and Huan Wang shall recover from ChinaCast Education Corporation their costs of suit incurred herein to be taxed by the Clerk of Court. (MD JS-6, Case Terminated). (gk)
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Chinacast Education Corporation v. Chen Zhou Guo et al Doc. 153 1 JS-6 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 CHINACAST EDUCATION CORP., Plaintiff, v. Case No. 2:15-cv-05475-AB (Ex) FINAL JUDGMENT CHEN ZHUO GUO, ET AL., Defendants. 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 This action came on regularly for trial between January 8, 2019, and January 15, 2 2018, in Courtroom 7B of this United States District Court, the Honorable André Birotte 3 Jr. presiding. The Plaintiff ChinaCast Education Corporation (“ChinaCast”) appeared by 4 attorneys James P. Menton of Robins Kaplan LLP and Rachel S. Fleishman, Gregory S. 5 Schwegmann and Keith Y. Cohan of Red Collins and Tsai LLP. Defendants Zhuoguo Chen and Huan Wang appeared by Rod Pacheco and Brian Neach of Pacheco & Neach 6 P.C. 7 A jury of eight persons was regularly empaneled and sworn. Witnesses were 8 sworn and testified, and documentary evidence was introduced and received into 9 evidence. After hearing the evidence and arguments of counsel, seven of the eight 10 members of the jury were duly instructed by the Court and the case was submitted to the 11 jury. The seven jurors deliberated and thereafter returned the following special verdict: 12 13 JURY VERDICT 14 We, the jury, unanimously agree to the answers to the following questions and return 15 them under the instructions of this court as our verdict in this case: 16 17 I. CONVERSION 18 Question No.1: Did ChinaCast prove by a preponderance of the evidence that Defendant 19 Zhuoguo Chen or Defendant Huan Wang is liable to ChinaCast for conversion? 20 21 22 23 24 25 26 (a) Zhuoguo Chen Yes X (b) Huan Wang Yes X No No If you answered “Yes” to Question 1(a) and/or Question 1(b), then answer Question 2. If you answered “No” to question 1(a) and Question 1(b), skip Question 2, and answer Question 3. Question No.2: Where did ChinaCast’s claim for conversion arise? (Choose One.) (a) Hong Kong ________________ (b) China ________________ 27 If you answered Question 2, proceed to answer Question 3. 28 1 II. MONEY HAD AND RECEIVED 2 Question No. 3: Did ChinaCast prove by a preponderance of the evidence that Defendant 3 Zhuoguo Chen or Defendant Huan Wang is liable to ChinaCast for money had and 4 received? 5 6 7 8 9 10 11 (a) Zhuoguo Chen Yes X No (b) Huan Wang Yes X No If you answered “Yes” to Question 3(a) and/or Question 3(b), then answer Question 4. If you answered “Yes’ to Question 1(a) and/or Question 1(b) and “No” to Questions 3(a) and Question 3(b), skup Question 4, then answer Question 5. I you answered “No” to all of the following: Question 1(a), Question 1(b), Question 3(a), and Question 3(b), then stop here, answer no further questions, and have the presiding juror sign and date this form. 12 Question No.4: Where did ChinaCast’s claim for money had and received arise? (Choose One.) 13 (a) Hong Kong ________________ 14 (b) China ________________. 15 If you answered Question 4, then answer Question 5. 16 17 18 19 20 21 22 III. DAMAGES Question No. 5: What amount do you award ChinaCast against Defendants on its claim for conversion and/or claim for money had and received? Zhuoguo Chen $ ________________ Huan Wang $ ________________ If you answered Question 5 and found ChinaCast proved any damages, answer Question 6. If you answered Question 5 and you found ChinaCast did not prove any damages, then 23 stop here, answer no further questions, and have the presiding juror sign and date this 24 form. 25 Question No.6: Is ChinaCast entitled to receive prejudgment interest on any of the 26 damages that you awarded in Question 5? 27 Yes ________________ 28 No ________________ 2 1 2 3 4 By: /s/ [name redacted] Date: 1/15/2019 Presiding Juror On March 6, 2017, the Court granted summary judgment in favor of Defendant Zhuoguo Chen on Plaintiff ChinaCast Education Corporation’s claims of fraud, aiding 5 and abetting fraud, and aiding and abetting breach of fiduciary duty. 6 On January 15, 2019, following the jury’s verdict, the Court found in favor of 7 Defendants Zhuoguo Chen and Huan Wang on Plaintiff ChinaCast Education 8 Corporation’s claim of unjust enrichment. 9 10 By reason of the verdict, orders, and ruling above, NOW THEREFORE, IT IS 11 ORDERED, AJUDGED, AND DECREED that: 1. Judgment is hereby entered in favor of Defendant Zhuoguo Chen on Plaintiff 12 13 14 15 16 17 18 19 ChinaCast Education Corporation’s claims of fraud, aiding and abetting fraud, and aiding and abetting breach of fiduciary duty; 2. Judgment is hereby entered in favor of Defendants Zhuoguo Chen and Huan Wang on Plaintiff ChinaCast Education Corporation’s claims of conversion, money had and received, and unjust enrichment; 3. Defendants Zhuoguo Chen and Huan Wang shall recover from ChinaCast Education Corporation their costs of suit incurred herein to an award of $______________, to be taxed by the Clerk of Court. 20 21 22 IT IS SO ORDERED AND ENTERED. JUDGMENT IS DEEMED ENTERED AS OF THE DATE SET FORTH BELOW. 23 24 Dated: February 26, 2019 ________________________________ 25 Hon. André Birotte Jr. United States District Court Judge 26 27 28 3
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