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8-K - MAINBODY - Cross Click Media Inc. | mainbody.htm |
DAVIDOFF GOLD LLP
Duane Kumagai (SBN 125063)
Risa J. Morris (SBN 221179)
1900 Avenue of the Stars, 20th Floor
Los Angeles, California 90067
Telephone: (310) 201-7501
Facsimile: (213) 947-1684
Attorneys for Plaintiff and Cross-Defendant
Zhuhai Yuehua Electronic Co., Ltd
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES - CENTRAL DISTRICT
ZHUHAI YUEHUA ELECTRONIC CO., LTD., a People's Republic of China company,
Plaintiff,
vs.
NIVS USA CORPORATION, a California corporation; SIGMAC USA INC., a Nevada corporation; SOUTHERN PRODUCTS, INC. d/b/a SIGMAC USA, a Nevada corporation; EDWARD WANG a/k/a ED WANG, an· individual; EDWARD MEADOWS a/k/a ED MEADOWS; FRY'S ELECTRONICS, INCORPORATED, a California corporation; COSTCO WHOLESALE CORP., a Washington corporation; DOES 1 25; and ROES 26-50,
Defendants.
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Case No. BC 473921
(Hon. David L. Minning)
STIPULATION
Ex Parte Hearing Date: June 21, 2012 Time: 8:30 a.m. Dept.: 61
Action Filed: November 22, 2011 Trial Date: None
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AND RELATED CROSS-ACTION |
On the ex parte application of Plaintiff and Cross-Defendant Zhuhai Yuehua Electronic Co., Ltd. ("Zhuhai") and good cause appearing, the Court finds this to be a proper case for an order to show cause regarding preliminary injunction and a temporary restraining order, and that, unless the temporary restraining order is granted, great or irreparable injury will result. to Zhuhai before the matter can be heard on notice.
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Order to Show Cause re Preliminary Injunction
IT IS ORDERED THAT: all Defendants (except for Fry’s Electronics) and each of them, appear in Department 61 of this Court, located at 1i1 North Hill Street, Los Angeles, CA 90012, on 7/6/2012, at 9 am, and show cause, if any they have, why they and their agents, servants, employees, and representatives, and all persons acting in concert or participating with them, should not be enjoined and restrained during the pendency of this action from ·engaging in, committing, or performing directly or indirectly, any and all of the following acts:
a. Selling, transferring, pledging or encumbering any Sigmac-brand 42-inch LED television sets acquired in or after May 2011 by:
1. Any of the NIVS Defendants from Zhuhai;
2. Southern Products from any of the other NIVS Defendants or Zhuhai;
3. Fry’s from any of the NIVS Defendants;
and/or
3. 4. Costco from any of the
NIVS Defendants '(collectively, the "42" TVs.");
b. Secreting, commingling with other funds or property, spending, pledging, encumbering, transferring or dissipating any proceeds of the 42" TVs, including but not limited to cash, receivables and any other consideration generated by the sale or transfer of 42" TVs (collectively, the "Proceeds"); or
c. Paying to NIVS or Southern Products any amounts owed for 42"
IT IS FURTHER ORDERED that all Defendants (except for Fry’s Electronics) and each of them, appear at the same time and place and show cause, if any they have, why they and their agents, servants, employees, and representatives, and all persons acting in concert or participating with them should not be commanded by this Court and required during the pendency of this action to:
a. Segregate from all other property all 42" TVs in their possession or control;
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b. Segregate from all other funds, deposit into a separate bank account, maintain and otherwise preserve all Proceeds;
c. Segregate from all other funds, deposit into a separate bank account, maintain and otherwise preserve all amounts due and owing (or that become due and owing) to NIVS, Wang, Sigmac, Southern Product or Meadows on the purchase of 42" TVs; and
d. Maintain complete, current records of all sales and transfers of 42" TVs and Proceeds, and amounts owed, paid and collected on sales or transfers of 42" TVs.
Temporary Restraining Order
IT IS FURTHER ORDERED that, pending the hearing and determination of the above Order to Show Cause, all Defendants (except for Fry’s Electronics), and their agents, servants, employees, and representatives, and all persons acting in concert or participating with them, are hereby enjoined and restrained from engaging in, committing, or performing, directly or indirectly, any and all of the following acts:
a. Selling, transferring, pledging or encumbering any Sigmac-brand 42-inch LED television sets acquired in or after May 2011 by:
1. Any of the NIVS Defendants from Zhuhai;
2. Southern Products from any of the other NIVS Defendants or Zhuhai;
3. Fry’s from any of the NIVS Defendants;
and/or
3. 4. Costco from any of the
NIVS Defendants '(collectively, the "42" TVs.");
b. Secreting, commingling with other funds or property, spending, pledging, encumbering, transferring or dissipating any proceeds of the 42" TVs, including but not limited to cash, receivables and any other consideration generated by the sale or transfer of 42" TVs (collectively, the "Proceeds"); or
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c. Paying to NIVS or Southern Products any amounts owed for 42"
IT IS FURTHER ORDERED that, pending the hearing and determination of the above Order to Show Cause, all Defendants (except for Fry’s Electronics), and their agents, servants, employees, and representatives, and all persons acting in concert or participating with them, are hereby commanded to:
a. Segregate from all other property all 42" TVs in their possession or control;
b. Segregate from all other funds, deposit into a separate bank account, maintain and otherwise preserve all Proceeds;
c. Segregate from all other funds, deposit into a separate bank account, maintain and otherwise preserve all amounts due and owing (or that become due and owing) to NIVS, Wang, Sigmac, Southern Product or Meadows on the purchase of 42" TVs; and
d. Maintain complete, current records of all sales and transfers of 42" TVs and Proceeds, and amounts owed, paid and collected on sales or transfers of 42" TVs.
IT IS FURTHER ORDERED that:
a. Zhuhai shall serve this Temporary Restraining Order and Order to Show Cause upon NIVS, Sigmac, Wang and Meadows by email and mail to their counsel of record, Tony T. Liu on or before 6/21, 2012
b. Zhuhai shall serve this Temporary Restraining Order and Order to Show Cause upon Southern Products, Fry's and Costco in the manner prescribed by law for service of summonses on or before 6/22, 2012;
c. Opposition papers, if any, shall be filed and served on or before 6/29, 2012, upon Zhuhai, by email and mail to its attorney Duane Kumagai.
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d. Reply papers, if any, shall be filed and served upon NIVS, Sigmac, Wang and Meadows by email and mail to their counsel of record, Tony T. Liu on or before 7/3, 2012;
e. Reply papers, if any, shall be filed and served upon any other opposing parties by overnight courier on or before 7/3, 2012;
f. The Temporary Restraining Order shall expire on: 7/13, 2012
g. These orders are without prejudice to plaintiff seeks injunctive relief against Fry’s Electronics in the future.
DATED: 6/21/12
/s/ Mel Red Recana
Honorable David L. Minning
Judge of the Superior Court
Mel Red Recana
Approved as to Form & Content
DAVID OFFGOLD LLP
By: /s/ Duane Kumagai
Duane Kumagai
Attorney for Plaintiff ZHUHAI YUEHUA ELECTRONIC
Fry’s Electronics, Inc.
By: /s/ Alex J. Curotto
Alex J. Curotto
Attorney for Defendant FRY’S ELECTRONIC
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