CIV532927 tOP GAINS MINERALs MACAO commercial offshore limited

VS. SONg QUIANG CHEN, ET AL.

TOP GAINS MINERALS MACAO JONATHAN R. DOOLITTLE

COMMERCIAL OFFSHORe LIMITED

CHEN, SONG QIANG

Motion for CHARGING order

· DENIED. Plaintiff Top Gains Minerals’ Motion for Charging Order is Denied. Plaintiff still has not cured the defects in its Motion that the Court (Hon. Richard DuBois) pointed out in its previous Order of Aug. 24, 2017.

· A motion for charging order must be served on “all members” of the LLC in which the judgment debtor purportedly owns an interest. (Code of Civ. Proc. Sect. 708.320, subd. (a).) The Proof of Service does not show that this motion was served on any members of Spiro Mining, LLC, or Coal Creek, LLC. It shows service on the LLCs, but the statute requires service on the LLC’s “members.”

· Further, the motion lacks merit. The evidence does not demonstrate that either Judgment Debtor Song Qiang Chen or Metamining, Inc. owns any interest in Spiro Mining, LLC or Coal Creek, LLC. Judgment Creditor relies solely on an unauthenticated May 15, 2015, email purportedly from Judgment Debtor Chen. (Exhibit 1 to Declaration of Ieong Kun Fo.) The email does not state that Metamining owns any interest in Spiro Mining, LLC or Coal Creek LLC. It states only that Metamining owns 60 percent of “the coal mine.” Further, the email is from May 2015, which does not demonstrate that Metamining, Inc. holds any ownership interest in February 2018.

· Finally, moving party Judgment Creditor contends that Coal Creek LLC is “a wholly owned subsidiary of Spiro.” (Declaration of Ieong para. 22; Moving P&A at 2:11.) Since Spiro purportedly owns all of Coal Creek, then Coal Creek cannot be owned by either Chen or Metamining.

· The evidence also does not show that Judgment Debtor Song Quiang Chen owns any interest in either Spiro or Coal Creek.