RePET Inc. v. Shubin "Victor" Zhao et al, No. 5:2015cv02315 - Document 248 (C.D. Cal. 2018)

Court Description: FINAL JUDGMENT by Judge Virginia A. Phillips: By reason of the verdict and Orders described above, NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that: 1. Plaintiff Repet, Inc.'s claim of Unjust Enrichment is hereby dismissed with prejudi ce; 2. Counterclaimant Shubin "Vincent" Zhao's claim of Indemnification is hereby dismissed with prejudice; 3. Judgment is hereby entered in favor of Plaintiff Repet, Inc. against Defendant Sh ubin "Vincent" Zhao on the Complaint as to its claims of Breach of Fiduciary Duty and Conversion; 4. Judgment is hereby entered in favor of Defendant Shubin "Vincent" Zhao on P laintiff Repet, Inc.'s claims of Fraud and Deceit and Intentional Interference with Contractual Relations; 5. Judgment is hereby entered in favor of Counterdefendant Repet, Inc. on Count erclaimant Shubin "Vincent" Zhao's claims of Breach of Oral Contract, Breach of Contract, and Money Had and Received; 6. Judgment is entered in favor of Repet, Inc. and against Defendant Shubin "Vin cent" Zhao on the Complaint in the amount of $1,634,327, along with the title to the Toyota Camry. Defendant Shubin "Vincent" Zhao is hereby ordered to deliver title the the of the Toyota Camry to Repet, Inc., without any lie ns, claims, or other encumbrances, within 14 days of the date of this judgment. 7. Plaintiff Repet, Inc. is entitled to an award of pre judgment interest o its judgment against Defendant Shubin "Vincent" Zhao pursuant to California Ci vil Code 3288 in the amount of $437,238.43; 8. Plaintiff Repet, Inc. shall recover from Defendant Shubin "Vincent" Zhao Plaintiff its costs of suit incurred herein of to an award of $________ to be taxed by the Clerk of Cour t; 9. Plaintiff Repet, Inc. is also entitled to an award of post judgment interest on the total amount of the judgment entered against Defendant Shubin "Vincent" Zhao, including pre judgment interest, which shall accrue pursuant t o 28 U.S.C. § 1961(a), from the date on which final judgment, with amendments, is entered until paid in full, together with costs as provided by law. IT IS SO ORDERED AND ENTERED. JUDGMENT IS DEEMED ENTERED AS OF THE DATE SET FORTH BELOW. August 20, 2018. (MD JS-6, Case Terminated). (bm)

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RePET Inc. v. Shubin "Victor" Zhao et al Doc. 248 1 2 3 - -~(~ `~ Vv 4 U CLER 5 ;ti 6 '~ FILED U.3. DISTRICT COURT A~ 2 0 2018 DISTRICt OF CALIFORNIA DEPUTY g 9 10 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 14 REPET, INC., a California corporation, Plaintiff, 15 FINAL JUDGMENT 16 v. 17 SHUBIN "VINCENT" ZHAO, an individual; and DOES 1-10, inclusive, 18 Defendants. 19 20 21 22 23 Case No. 5:15-cv-02315 VAP (SPx) SHUBIN "VINCENT" ZHAO, an individual, Counterclaimant, vs. REPET, INC., a California Corporation, and 24 ROES 1-10, 25 Counterdefendants. 26 2'7 This action came on regularly for trial between June 12, 2018, and June 20, 28 2018, in Courtroom 8A of this United States District Court, the Honorable Virginia 5:15-CV-02315 Dockets.Justia.com 1 A. Phillips presiding. The Plaintiff and Counterdefendant, Repet, Inc. ("Repet"), 2 appeared by attorneys Anthony Dain, Brian Kennedy, and S. Michael Lee of 3 Procopio, Cory,Hargreaves & Savitch LLP.Defendant and Counterclaimant, Shubin 4 "Vincent" Zhao ("Zhao"), appeared by Brian Neach and Bilal Essayli of Pacheco & 5 Neach P.C. 6 A jury of eight persons was regularly empaneled and sworn. Witnesses were 7 sworn and testified, and documentary evidence was introduced and received into 8 evidence. After hearing the evidence and arguments of counsel, the jury was duly 9 instructed by the Court and the case was submitted to the jury. The jury deliberated 10 and thereafter returned the following special verdict: 11 JURY VERDICT 12 13 We,the jury, unanimously agree to the answers to the following questions 14 and return them under the instructions of this court as our verdict in this case: 15 I. FINDINGS ON REPET INC.'S CLAIMS 16 Question No. 1: Did Repet, Inc. ("Repet") prove by a preponderance of the 17 evidence that Shubin "Vincent" Zhao("Zhao")is liable to Repet for fraud? 18 19 Yes X No. Question No. 2: Did Zhao prove by a preponderance of the evidence that 20 Repet's claim offraud is barred by the applicable statute of limitations? 21 22 No Yes Question No. 3: Did Repet prove by a preponderance of the evidence that 23 Zhao is liable to Repet for intentional interference with contractual relations? 24 25 Yes X No Question No. 4: Did Zhao prove by a preponderance of the evidence that 26 Repet's claim of intentional interference with contractual relations is barred by 27 the applicable statute of limitations? 28 Yes No 2 5:15-CV-02315 1 Question No. 5: Did Repet prove by a preponderance of the evidence that 2 Zhao is liable to Repet for breach of fiduciary duty? X Yes 3 No 4 5 Question No. 6: Did Zhao prove by a preponderance of the evidence that 6 Repet's claim of breach of fiduciary duty is barred by the applicable statute of 7 limitations?? Yes 8 9 X No Question No. 7: Did Repet prove by a preponderance of the evidence that 10 Zhao is liable to Repet for conversion? 11 X No Question No. 8: Did Zhao prove by a preponderance of the evidence that 12 13 Yes Repet's claim of conversion is barred by the applicable statute of limitations? 14 Yes X No Question No. 9: What is the total amount of Repet's damages caused by 15 16 Zhao? 17 MONETARY:$ $1,634,327 18 SHARES OF REPET'S COMMON STOCK: 19 OTHER: 20 21 Toyota Camry Title Question No. 10: Did Repet prove with clear and convincing evidence that Zhao engaged in malice, oppression, or fraud? 22 23 0 Yes X No Question No. 11: What are the punitive damages, if any, that you assess 24 against Zhao? 25 TOTAL:$ 26 27 28 3 5:15-CV-02315 1 2 II. FINDINGS ON ZHAO'S COUNTERCLAIM Question No. 12: Did Zhao prove by a preponderance of the evidence that 3 Repet is liable to Zhao for breach of an oral agreement for severance? 4 5 Yes X No Question No. 13: What is the total amount of Zhao's damages. caused by 6 Repet? TOTAL:$ 7 8 You have now reached the end of the verdictform and should review it to 9 ensure it accurately reflects your uninmous determinations. The PYesidng Juror 10 should then sign and date the verdictform in the spaces below and notify the bailiff 11 that you have reached a verdict. The PYesiding Juror should retain possession ofthe 12 verdictfoYm and bring it when thejury is brought back into the courtroom. 13 Dated: 6/20/2018 14 By: /s/[name redacted] Presiding Juror 15 On February 9, 2018, the Court granted summary judgment in favor of 16 Counterdefendant Repet, Inc. on Counterclaimant Shubin "Vincent" Zhao's claims 17 of Breach of Contract and Money Had and Received. 18 19 On June 11, 2018, the Court dismissed Plaintiff Repet, Inc.'s claim of Unjust 20 Enrichment and Counterclaimant Shubin "Vincent" Zhao's claim ofIndemnification. 21 22 By reason of the verdict and Orders described above, NOW THEREFORE, 23 IT IS ORDERED,ADJUDGED AND DECREED that: 24 1. Plaintiff Repet, Inc.'s claim of Unjust Enrichment is hereby dismissed with 25 prejudice; 26 2. Counterclaimant Shubin "Vincent" Zhao's claim of Indemnification is 27 hereby dismissed with prejudice; 28 4 5:15-CV-02315 1 3. Judgment is hereby entered in favor of Plaintiff Repet, Inc. against 2 Defendant Shubin "Vincent" Zhao on the Complaint as to its claims of 3 Breach of Fiduciary Duty and Conversion; 4 4. Judgment is hereby entered in favor of Defendant Shubin "Vincent" Zhao 5 on Plaintiff Repet, Inc.'s claims of Fraud and Deceit and Intentional 6 Interference with Contractual Relations; 7 5. Judgment is hereby entered in favor of Counterdefendant Repet, Inc. on 8 Counterclaimant Shubin "Vincent" Zhao's claims of Breach of Oral 9 Contract, Breach of Contract, and Money Had and Received; 10 6. Judgment is entered in favor of Repet, Inc. and against Defendant Shubin 11 "Vincent" Zhao on the Complaint in the amount of$1,634,327, along with 12 the title to the Toyota Camry. Defendant Shubin "Vincent" Zhao is hereby 13 ordered to deliver title the the of the Toyota Camry to Repet, Inc., without 14 any liens, claims, or other encumbrances, within 14 days ofthe date ofthis 15 judgment. 16 7. Plaintiff Repet, Inc. is entitled to an award of prejudgment interest on its 17 judgment against Defendant Shubin "Vincent" Zhao pursuant to California 18 Civil Code 3288 in the amount of $437,238.43; 19 8. Plaintiff Repet, Inc. shall recover from Defendant Shubin "Vincent" Zhao 20 Plaintiff its costs of suit incurred herein of to an award of$ 21 to be taxed by the Clerk of Court; 22 9. Plaintiff Repet, Inc. is .also entitled to an award of postjudgment interest 23 on the total amount of the judgment entered against Defendant Shubin 24 "Vincent" Zhao, including prejudgment interest, which shall accrue 25 pursuant to 28 U.S.C. § 1961(a), from the date on which final judgment, 26 with amendments, is entered until paid in full, together with costs as 27 provided by law. 28 5 5:15-CV-02315 1 IT IS SO ORDERED AND ENTERED. JUDGMENT IS DEEMED 2 ENTERED AS OF THE DATE SET FORTH BELOW. 3 4 Dated: JAugust 20, 2018` 5 '~' • ~~ ~^rl ~ irginia A. Phillips H Chief United States District Court Judg 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 5:15-CV-02315

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