On October 16, 2023 a
Complaint,Petition
was filed
involving a dispute between
Mp Materials Corp.,
Mp Mine Operations Llc,
and
Does 1-20,
W.G. Yates & Sons Construction Company,
for Other Petition (Not Spec) Unlimited
in the District Court of San Bernardino County.
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PILLSBURY WINTHROP SHAW PITTMAN LLP
Robert L. Wallan (Bar No. 126480)
725 South Figueroa Street
36th Floor
Los Angeles, CA 90017
Telephone: 213.488.7100
.5 Facsimile: 213.629.1033
Email: robert.wallan(a3pillsburvlaw.com
Clark Thiel (Bar N0. 190212)
QGUI
Marc Coats (Bar No. 323241)
Four Embarcadero Center, 22nd Floor
San Francisco, CA 941 1 1-5998
Telephone: 415.983.1000 ELECTRON'CALLY FILED
Facsimile. 415 983 1200 SUPERIOR COURT OF CALIFORNIA
1' COUNTY OF SAN BERNARDINO
C 1 aI'k .th.16 @Dl S b UI'V 1 aW.COII1
.1. .1'1
E11131 .
SAN BERNARDINO DISTRICT
mare.coats@pillsburvlaw.com
10/1 6/2023 2:00 PM
10 Michael Evan Jaffe, Pro Hac Admission T0 Be Filed . _
Pillsbury Winthrop Shaw Pittman LLP
By: Michelle Gomez-CaSIIIas, DEPUTY
11 1200 Seventeenth Street, NW
Washington, DC 20036-3006
12 Telephone: (202) 663-8000
Email: michael.iaffe@pillsburylaw.com
13
14 Attorneys for Plaintiffs/Petitioners
MP Separations Company LLC; MP Mine Operations LLC; and MP
15 Materials Corp.
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 COUNTY OF SAN BERNARDINO
18
CIVSB2326476
19
MP SEPARATIONS COMPANY LLC; Case No.
MP MINE OPERATIONS LLC; and
20 MP MATERIALS CORP. VERIFIED PETITION TO RELEASE
PROPERTY FROM CLAIM OF LIEN
21
Plaintiffs and AND COMPLAINT FOR INJUNCTIVE
Petitioners, DECLARATORY RELIEF, AND
RELIEF,
22
DAMAGES
VS.
23
YATES & SONS CONSTRUCTION
W.G.
24 COMPANY and
DOES 1-20
25
Defendants and
26 Respondents.
27
28
VERIFIED PETITION TO RELEASE PROPERTY FROM CLAIM OF LIEN AND
COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY RELIEF, AND DAMAGES
4892-5089-3702
I. INTRODUCTION
MP Separations Company LLC (“MP Separations”), MP Mine Operations LLC (“MP Mine
Ops”), and MP Materials Corp. (“MP C0rp.”) (collectively, "Plaintiffs/Petitioners") hereby petition
the Court for an order releasing the mechanic’s lien recorded by W.G. Yates & Sons Construction
Company (“Yates”) 0n real property located at 67750 Bailey Road, Mountain Pass, California 92366,
because it is invalid. The mechanic’s lien is invalid because the sums asserted therein materially
exceed both the reasonable value of the labor, services, equipment, and materials furnished, as well as
the price agreed upon by Yates and MP Separations. Plaintiffs/Petitioners further bring a complaint
seeking an order granting injunctive and/or declaratory relief and awarding Plaintiffs/Petitioners
10 damages against Yates resulting from Yates” improper conduct as alleged below.
11 II. ALLEGATIONS
12 Plaintiffs/Petitioners allege:
13 1. MP Mine Ops is, and at all times relevant herein was, a Delaware limited liability
14 company authorized t0 do business in the County 0f San Bemardino, State 0f California.
15 2. MP Mine Ops has an ownership interest in that real property located at 67750 Bailey
16 Road, Mountain Pass, California 92366, as shown in Assessor Parcel Number 0572-091—24-0000 (the
17 “Property”).
18 3. MP Corp. is, and at all times relevant herein was, a Delaware corporation authorized to
19 do business in the State 0f California.
20 4. MP Corp. is a publicly traded corporation, listed 0n the New York Stock Exchange
21 with the stock symbol “MP.” MP Corp. is a holding company that has n0 direct ownership interest in
22 the Property 0r any of the improvements constructed on the Property.
23 5. MP Separations is, and at all times relevant herein was, a Delaware limited liability
24 company authorized to d0 business in the County 0f San Bernardino, State of California.
25 6. MP Separations is informed and believes, and on that basis alleges, that Yates is, and
26 at all times relevant herein was, a Mississippi corporation doing business as a construction contractor
27 in the County of San Bernardino, California.
28 2
VERIFIED PETITION TO RELEASE PROPERTY FROM CLAIM OF LIEN AND
COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY RELIEF, AND DAMAGES
4892-5089-3702
Document Filed Date
October 16, 2023
Case Filing Date
October 16, 2023
Category
Other Petition (Not Spec) Unlimited
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PILLSBURY WINTHROP SHAW PITTMAN LLP Robert L. Wallan (Bar No. 126480) 725 South Figueroa Street 36th Floor Los Angeles, CA 90017 Telephone: 213.488.7100 .5 Facsimile: 213.629.1033 Email: robert.wallan(a3pillsburvlaw.com Clark Thiel (Bar N0. 190212) QGUI Marc Coats (Bar No. 323241) Four Embarcadero Center, 22nd Floor San Francisco, CA 941 1 1-5998 Telephone: 415.983.1000 ELECTRON'CALLY FILED Facsimile. 415 983 1200 SUPERIOR COURT OF CALIFORNIA 1' COUNTY OF SAN BERNARDINO C 1 aI'k .th.16 @Dl S b UI'V 1 aW.COII1 .1. .1'1 E11131 . SAN BERNARDINO DISTRICT mare.coats@pillsburvlaw.com 10/1 6/2023 2:00 PM 10 Michael Evan Jaffe, Pro Hac Admission T0 Be Filed . _ Pillsbury Winthrop Shaw Pittman LLP By: Michelle Gomez-CaSIIIas, DEPUTY 11 1200 Seventeenth Street, NW Washington, DC 20036-3006 12 Telephone: (202) 663-8000 Email: michael.iaffe@pillsburylaw.com 13 14 Attorneys for Plaintiffs/Petitioners MP Separations Company LLC; MP Mine Operations LLC; and MP 15 Materials Corp. 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 COUNTY OF SAN BERNARDINO 18 CIVSB2326476 19 MP SEPARATIONS COMPANY LLC; Case No. MP MINE OPERATIONS LLC; and 20 MP MATERIALS CORP. VERIFIED PETITION TO RELEASE PROPERTY FROM CLAIM OF LIEN 21 Plaintiffs and AND COMPLAINT FOR INJUNCTIVE Petitioners, DECLARATORY RELIEF, AND RELIEF, 22 DAMAGES VS. 23 YATES & SONS CONSTRUCTION W.G. 24 COMPANY and DOES 1-20 25 Defendants and 26 Respondents. 27 28 VERIFIED PETITION TO RELEASE PROPERTY FROM CLAIM OF LIEN AND COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY RELIEF, AND DAMAGES 4892-5089-3702 I. INTRODUCTION MP Separations Company LLC (“MP Separations”), MP Mine Operations LLC (“MP Mine Ops”), and MP Materials Corp. (“MP C0rp.”) (collectively, "Plaintiffs/Petitioners") hereby petition the Court for an order releasing the mechanic’s lien recorded by W.G. Yates & Sons Construction Company (“Yates”) 0n real property located at 67750 Bailey Road, Mountain Pass, California 92366, because it is invalid. The mechanic’s lien is invalid because the sums asserted therein materially exceed both the reasonable value of the labor, services, equipment, and materials furnished, as well as the price agreed upon by Yates and MP Separations. Plaintiffs/Petitioners further bring a complaint seeking an order granting injunctive and/or declaratory relief and awarding Plaintiffs/Petitioners 10 damages against Yates resulting from Yates” improper conduct as alleged below. 11 II. ALLEGATIONS 12 Plaintiffs/Petitioners allege: 13 1. MP Mine Ops is, and at all times relevant herein was, a Delaware limited liability 14 company authorized t0 do business in the County 0f San Bemardino, State 0f California. 15 2. MP Mine Ops has an ownership interest in that real property located at 67750 Bailey 16 Road, Mountain Pass, California 92366, as shown in Assessor Parcel Number 0572-091—24-0000 (the 17 “Property”). 18 3. MP Corp. is, and at all times relevant herein was, a Delaware corporation authorized to 19 do business in the State 0f California. 20 4. MP Corp. is a publicly traded corporation, listed 0n the New York Stock Exchange 21 with the stock symbol “MP.” MP Corp. is a holding company that has n0 direct ownership interest in 22 the Property 0r any of the improvements constructed on the Property. 23 5. MP Separations is, and at all times relevant herein was, a Delaware limited liability 24 company authorized to d0 business in the County 0f San Bernardino, State of California. 25 6. MP Separations is informed and believes, and on that basis alleges, that Yates is, and 26 at all times relevant herein was, a Mississippi corporation doing business as a construction contractor 27 in the County of San Bernardino, California. 28 2 VERIFIED PETITION TO RELEASE PROPERTY FROM CLAIM OF LIEN AND COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY RELIEF, AND DAMAGES 4892-5089-3702