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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-14-2012 11:58 am
Case Number: CGC-10-500934
Filing Date: Aug-14-2012 11:52
Filed by:
Juke Box: 001 Image: 03723854
SEPARATE STATEMENT OF FACTS
CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND
XIANG ZHANG et al
001003723854
Instructions:
Please place this sheet on top of the document to be scanned.om YN DH BF Ww NY
NY oN NN NN NR KY KY He Be Be we we we ew Be eB em
oN DA HW BF YW YH = SOC we NIN DH PB wWw NY KF SS
Michael Gerard Fletcher (State Bar No. 070849)
mfletcher@frandzel.com
Kenneth N. Russak (State Bar No. 107283)
krussak@franzel.com
Hanna B. Raanan (State Bar No. 261014)
hraanan@frandzel.com
FRANDZEL ROBINS BLOOM & CSATO, L.C
6500 Wilshire Boulevard
Seventeenth Floor
Los Angeles, California 90048-4920
Telephone: (323) 852-1000
Facsimile: (323) 651-2577
Attorneys for Plaintiff and Cross-Defendant
CATHAY BANK
} Pars
vsti
ge Qn ee a
VALE EB
county of San Francisco”
AUG 14 2012
CLERK OF COurT
Deputy:
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CATHAY BANK, a California banking
corporation,
Plaintiff,
Vv.
RAYMOND XIANG KAI ZHANG, aka
RAYMOND KAI ZHANG, aka RAYMOND
ZHANG, aka XIANG KAI ZHANG, aka
XIANG ZHANG, aka ZHANG XIANG, an
individual, CINDY ZHANG, an individual;
DONG YING QUI, an individual; XIANG
KAI, LLC; a California limited liability
company; RAY KAI, LLC , a California
limited liability company; ZHANGS, LLC, a
California limited liability company; and
DOES 1 through 200, inclusive,
Defendants.
AND RELATED CROSS-ACTIONS
934429.3 | 023000-0790
CASE NO. CGC-10-500934
SEPARATE STATEMENT OF
UNDISPUTED FACTS IN SUPPORT OF
PLAINTIFF AND CROSS-DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT
ON DEFENDANT XIANG KAI LLC'S
CROSS-COMPLAINT
[Filed concurrently with Notice of Motion and
Motion for Summary Judgment on Defendant
Xiang Kai LLC'S Cross-complaint; Declaration
of Gregory Badura in Support Thereof;
Declaration of Hanna B. Raanan in Support
Thereof and Request for Judicial Notice in
Support Thereof]
Date: October 29, 2012
Time: 9:30 a.m.
Dept.: 302
400 McAllister Street
San Francisco, CA 94102
1
NOTICE OF DEMURRERS AND DEMURRERS TO XIANG KAI LLC'S CROSS-COMPLAINT0 ON DW FF YW N
YN N NY N NN NY NY Be Bee Be Be Be ewe ewe ee
oN DA FYB NH |= So we AI DA WwW BF WH SH
Plaintiff Cathay Bank ("Bank") respectfully submits the following Separate Statement of
Undisputed Material Facts in Support of Motion for Summary Judgment of Defendant Xiang Kai
LLC's Cross-complaint.
Moving Party's Undisputed Material Facts osing Party's Response and Supportin:
land Supporting Evidence vidence
1. On or about November 16, 2006,
[Raymond Zhang ("R. Zhang") and Cindy Zhang
"C. Zhang") executed and delivered to Cathay
ank ("Bank") a master Business Loan
[Agreement ("Master BLA").
Declaration of Gregory Badura ("Badura Decl.")
lat 95 and Exhibit ("Ex.") 1;
2. On or about November 16, 2006, Cathay
[Bank made a loan to the Zhangs under the
Master BLA, Loan No. 628500246, in the
lamount of $1,277,500.00 ("2006 Loan").
[Badura Decl. at {J 6 and 7.
B. Evidencing the 2006 Loan, and for value
received, on or about November 16, 2006, R.
Zhang and C. Zhang (collectively the "Zhangs")
executed and delivered to the Bank a Promissory
Note dated November 16, 2006 in the principal
amount of $1,277,500.00 ("2006 Note").
IBadura Decl. at §6 and Ex. 2.
4. Pursuant to the terms of the 2006 Note,
the Zhangs agreed to pay monthly principal and
interest payments in the amount of $9,539.00
beginning on December 20, 2006, at a fixed rate
of 7.50% until November 20, 2009, at which
point the interest rate would change from a fixed
interest rate to a variable interest rate. The Note
provides that the Zhangs would continue to
make monthly payments at a variable interest
rate from November 20, 2009 until the Maturity
Date on November 20, 2016. Upon default, the
interest rate would increase by five percent
5%).
|Badura Decl. at J 8 and Ex. 2.
9344293 | 023000-0790 1
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF
CATHAY BANK FOR SUMMARY JUDGMENT OF DEFENDANT XIANG KAI, LLC'S CROSS-
COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
FRANDZEL ROBINS BLoom & CsaTo, L.C.
‘6500 WILSHIRE BOULEVARD, | 7TH FLOOR
oe ND HW PF BN
NN YN NN NN NY ee Be ewe Be eB eB ee eB
oN A WA RB YW NY = SGD we IY DAH BF WN SH
Moving Party's Undisputed Material Facts
land Supporting Evidence
lOpposing Party's Response and Supporting
5. To secure repayment of the 2006 Note,
the Zhangs executed and delivered to the Bank a
eed of Trust, Assignment of Rents, Security
[Agreement and Fixture Filing dated November
16, 2006 ("Daly City Deed of Trust", together
jwith the 2006 Note "2006 Loan Documents") on
real property commonly known as 7276-7298
[Mission Street, Daly City, California 94014
“Daly City Property").
[Badura Decl. at | 9 and Ex. 3.
6. The Bank assigned loan number
1628500246 to the 2006 Loan and that number
as reflected on each of the 2006 Loan
Documents.
[Badura Decl. at J 7.
(7. The 2006 Loan was closed through Old
|Republic Title Company, which acted as the
escrow agent.
[Badura Decl. at { 10.
8. Pursuant to the 2006 Loan, the Zhangs
received a disbursement of the full 2006 Loan
lamount on November 20, 2006 via wire transfer
iin the amount of $1,270,489.50, which Cathay
lwired to Old Republic's Escrow account for the
2006 Loan on November 20, 2006.
[Badura Decl. at §{ 11 and Exs. 4 and 5.
9. The Bank understands that the Zhangs
lused the 2006 Loan proceeds to pay-off a loan
from Oceanic Bank, to refinance a loan from
Wells Fargo Bank secured by a lien on their
personal residence, and to pay past-due property
taxes on the Daly City Property, with the
remaining $195,212.39 after payment of other
fees deposited into an (personal) account at
\Bank of America.
[Badura Decl. at § 12; Declaration of Hanna B.
Raanan ("Raanan Decl."), Exhibits C and D.
10. | The Zhangs defaulted on the 2006 Loan
and 2006 Note in or about November 2010. The
[Bank subsequently foreclosed on the Daly City
[Property and filed a Unlawful Detainer case in
an Mateo County to evict Z-Line Supply.
934429.3 | 023000-0790
2
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTFRANDZEL ROBINS BLOoM & CsatTo, L.C.
‘6500 WILSHIRE BOULEVARD, | 7TH FLOOR
LOS ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
0 ON DH FF WY
RYN NY NY YN NR KN KY S&B Be Be Be ewe Be ew eB
oN DW BF BH |= Some AN DA HWA RF BW NH S| SS
Moving Party's Undisputed Material Facts osing Party's Response and Supportin:
land Supporting Evidence vidence
lanother company owned and operated by the
Zhangs, Case no. CLJ 203356.
[Badura Decl. at ] 40, Exhibit 26.
11. On or about June 6, 2007, the Zhangs
executed and delivered to the Bank a
(Modification of Business Loan Agreement
"2007 BLA Modification") related to the
Master BLA.
[Badura Decl. at J 13 and Ex. 6.
12. | The 2007 BLA Modification added two
provisions, that the Zhangs would provide
additional financial information regarding Xiang
ito the Bank, and the addition of an "out of debt
requirement". The 2007 BLA Modification also
stated that the terms of the Master BLA and
related documents remained unchanged and that
the Zhangs had read and understood all the
provisions of the Agreement and any related
documents.
[Badura Decl. at § 13 and Ex. 6.
13. The 2007 BLA Modification is one page
lin length and did not materially alter the terms
lof the 2006 Loan or the Master BLA.
Furthermore, the 2007 BLA Modification did
inot change the maturity date of the 2006 Loan.
[Badura Decl. at 14.
14. On or about June 6, 2007, Cathay Bank
made a different loan to the Zhangs, Loan No.
128600386, in the amount of .$1,500,000.00
"2007 Loan").
IBadura Decl. at 415.
15. | Onor about June 6, 2007, evidencing the
2007 Loan, the Zhangs executed a Promissory
[Note dated June 6, 2007 in the principal amount
lof $1,500,000.00 ("2007 Note").
[Badura Decl. at 416 and Ex. 7.
16. | The 2007 Note provided that the interest
rate during the 2007 Note would be 0.500
percentage points below the Wall Street Journal
rime Rate (but in no event less than 5.750%).
9344293 | 023000-0790
3
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
FRANDZEL ROBINS BLOOM & CsaTo, L.C.
6500 WILSHIRE BOULEVARD, | 77H FLOOR
0 em ND HW BF WN
NY NY NY N NR NR KN NY B&B Be we Be Be Be eB eB
ec DA WH RF WN -= GOD we NIN DH BF WHY SF Oo
Moving Party's Undisputed Material Facts
land Supporting Evidence
[Opposing Party's Response and Supporting
[Evidence
lwith the Borrower to make monthly interest
lpayments beginning July 15, 2007 and
commencing with one full payment of the
outstanding principal plus all accrued, unpaid
linterest upon the maturity date of June 15, 2009.
[Badura Decl. at 417 and Ex. 7.
17. | To secure repayment of the 2007 Note,
the Zhangs executed and delivered to the Bank,
iin their capacity as members of Xiang Kai, LLC
"Xiang Kai"), a Deed of Trust to real property
"SF Deed of Trust") located at 5530 Mission
Street, San Francisco, CA ("San Francisco
Property").
[Badura Decl. at {17 and Ex. 8.
18. | The Bank assigned loan number
128600386 to the 2007 loan and that number
Iwas reflected on each of the 2007 Loan
Documents.
IBadura Decl., § 18.
19. In acknowledgement of the 2007 Loan,
jon or about June 7, 2007, R. Zhang sent a letter
to the Bank stating his instructions as manager
lof Xiang that the Bank debit Xiang's checking
laccount in the amount of $7.716.00 "as total
charges to establish loan #128600386."
‘emphasis added).
[Badura Decl. at 419 and Ex. 9.
20. The 2007 Loan was closed through
(Chicago Title Company, which acted as the
escrow agent.
[Badura Decl. at §20.
21. On September 12, 2007, Raymond
(Zhang requested that the Bank disburse a draw
jon the 2007 Loan in the amount of
{$1,000,000.00, pursuant to the 2007 Note, into
tthe Zhangs' personal checking account number
41100867.
Badura Decl. at 21 and Ex. 10.
934429.3 | 023000-0790
4
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTFRANDZEL ROBINS BLOOM & CSATO, L.C.
‘6500 WILSHIRE BOULEVARD, | 7TH FLOOR
LOS ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
oOo NY DH F WY =
YPN NN NN N NN Bee Be Be Be eB Be Be Be
oN DA A BF BNH = DoD wm NHN A A BF WN SF SD
Moving Party's Undisputed Material Facts
land Supporting Evidence
osing Party's Response and Supportin:
idence
22. On September 12, 2007, the Bank did
disburse the sum of $1,000,000.00 into the
Zhangs' personal checking account pursuant to
the 2007 Loan.
[Badura Decl. at 22 and Ex. 11.
23. On December 21, 2007, Raymond Zhang
requested that the Bank disburse a second draw
ion the 2007 Loan in the amount of $200,000.00,
[pursuant to the 2007 Note, into the Zhangs'
personal checking account number 41100867.
[Badura Decl. at {23 and Ex. 12.
24. On December 21, 2007, the Bank
disbursed the sum of $200,000.00 into the
Zhangs' personal checking account pursuant to
the 2007 Loan.
IBadura Decl. at § 24 and Exs. 13 and 14.
25. On January 15, 2008, Cindy Zhang
requested that the Bank disburse a third final
disbursement of the 2007 Loan in the amount of
($298,000.00, pursuant to the 2007 Note, into the
(Zhangs' personal checking account, Account No.
41100867.
[Badura Decl. at § 25 and Ex. 15.
26. On January 16, 2008, the Bank disbursed
the amount of $298,000.00 into the Zhangs'
personal checking account pursuant to the 2007
(Loan.
[Badura Decl. at § 26 and Exs. 16 and 17.
27. As a result, as of January 16, 2008, the
full amount of the 2007 Loan had been
Risbursed to the Zhangs pursuant to the 2007
ote.
[Badura Decl. at 427 and Ex. 18.
28. On June 15, 2009, the Zhangs failed to
pay the full principal amount and accrued
interest as required under the 2007 Note.
Badura Decl. at 28.
934429.3 | 023000-0790
5
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
FRANDZEL ROBINS BLOOM & CsaTo, L.C.
6500 WILSHIRE BOULEVARD, | 7TH FLOOR:
Co eae ND HW BF WY
RN NY NY NN NN NY Bee wee eB Be ew we He
oN DA A F&F BN =| SF 6D we RADA A FB WH K&S
Moving Party's Undisputed Material Facts
land Supporting Evidence
lOpposing Party's Response and Supporting
29. In connection with the 2007 Loan, on or
labout June 12, 2009, the Zhangs executed a
{Loan Extension Agreement and Modification of
he Note ("First Extension").
[Badura Decl. at 4 29 and Ex. 19.
B0. The First Extension extended the
Imaturity date 60-days from June 15, 2009 to
August 14, 2009.
Badura Decl. at 29.
B1. The Zhangs failed to pay the 2007 Note
lon August 14, 2009 and the Bank again agreed
t extend the maturity date.
adura Decl. at J 30.
32. On or about September 21, 2009, the
Zhangs executed a Loan Extension Agreement
and Modification of the Note (Second
IExtension), which extended the maturity date of
the 2007 Note from August 14, 2009 to October
15, 2009. No other changes to the 2007 Note
ere made by this extension.
[Badura Decl. at 4 31 and Ex. 20.
33. | The Zhangs failed to make the October
115, 2009 maturity date payment pursuant to the
September 21, 2009 Loan Extension Agreement
land Modification of the Note.
[Badura Decl. at 432.
34. On or about December 28, 2009, the
(Zhangs executed and delivered to the Bank a
[Modification of Business Loan Agreement,
modifying the Master BLA ("BLA
Modification").
[Badura Decl. at § 33 and Ex. 21.
934429.3 | 023000-0790
6
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CAUFORNIA 90048-4920
(323) 852-1000
FRANDZEL ROBINS BLOOM & CsarTo, L.C.
6500 WILSHIRE BOULEVARD, 1 7TH FLOOR
oom ND HW BF WN
YN NN N NN NN Bee we ee ee ee
oN DAA BF YN = SOD we IR DAHA BR WN =|
Moving Party's Undisputed Material Facts
land Supporting Evidence
IE
\Opposing Party's Response and Supporting
35. On or about December 28, 2009, the
(Zhangs executed and delivered to the Bank a
(Change in Terms Agreement ("Third
Extension"), which reduced the principal
lamount to $1,499,387.50 and extended the
maturity date of the Note from August 14, 2009
to January 15, 2010. The 2009 CITA further
contained a provision which states "each
borrower read and understood all the provisions
lof this Agreement."
IBadura Decl. vB Ex. 21.
36. The BLA Modification provided that
[Xiang Kai would execute a new guaranty in the
lamount of $1,499,500.00. The 2009
[Modification also included a statement which
reads as follows: "Prior to signing this
Modification, Borrower read and understood all
the provisions of this Modification and any and
fall related documents.”
{Badura Decl. at 935 and Ex. 22.
37. On or about December 28, 2009, in
connection with the 2009 Modification, the
Zhangs, in their capacity as managers of Xiang
Kai, executed and delivered to the Bank a
(Commercial Guaranty in the amount of
$1,499,500.00. The Zhangs also executed and
Kdelivered to the Bank a Commercial Security
Agreement.
[Badura Decl. at 436 and Exs. 23 and 24.
38. The Zhangs failed to make the loan
Imaturity date payment on January 15, 2010
pursuant to the First Extension.
[Badura Decl., at § 37.
39. The Bank agreed to.extend the maturity
date of the 2007 Loan to April 30, 2010 (Fourth
[Extension), at which point the entire unpaid
principal balance and accrued interest would
become due and payable.
[Badura Decl. at 37.
934429.3 | 023000-0790
7
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
FRANOZEL ROBINS BLOOM & CsaTo, L.C.
6500 WILSHIRE BOULEVARD, | 7TH FLOOR
oe ND WH FF WN
RN RY NY NY NY NN NY | Be Be Be Be Be ew we Be
oN DAW FY NH = SOD MAI DAH FF WH S| SS
Moving Party's Undisputed Material Facts
land Supporting Evidence
[Opposing Party's Response and Supporting
[Evidence
40. The Zhangs defaulted on the 2007 Loan
jon or around May 2010 by failing to make full
[payment of the principal and accrued interest on
[April 30, 2010 as required under the 2007 Note
land subsequent extensions of the maturity date.
[Badura Decl. at J 38.
41. The Bank recorded its Notice of Default
[pursuant to the 2007 Note and SF Deed of Trust
on or about June 4, 2010.
[Badura Decl. at 439 and Ex. 25
42. On or about June 22, 2010, the Bank
filed its Verified Complaint for Judicial
(Foreclosure and Deficiency Judgment and
Specific Performance to Enforce Terms and
Provisions of Deed of Trust and Appointment of
Receiver and Injunctive Relief on the 2007 Loan
|, as well a Construction Loan, also entered into
lby another Zhang company, Ray Kai, LLC.
[Badura Decl. at §41; Request for Judicial Notice
"RJN") at ¥ 1.
43. Following the filing of the Complaint,
tthe Bank petitioned and was granted the
appointment of a Receiver, and scheduled the
foreclosures of the San Francisco Property, and
three other properties related to the Construction
[Loan.
[Badura Decl. at §42.
44. On or about May 12, 2011, the
[Defendants Answered the Bank's Complaint,
lanswering only the remaining causes of action
land acknowledging that the Judicial Foreclosure
causes of action had been dismissed.
' the Verified Complaint also includes causes of action related to the Bank's rights in connection with a
separate $7,238,000.00 construction loan made by the Bank to Ray Kai, LLC, and entity owned by Raymond and
Cindy Zhang ("Construction Loan"). Although the facts relating to the Construction Loan give context to the loan(s)
at issue, they have no legal relevance to the resolution of the Cross-complaint, and therefore are not addressed in this
Motion. The Bank, however, reserves all of its rights, remedies, claims and contentions in connection with the
Construction Loan, and otherwise. The Construction Loan was secured by three properties referred to in the
Complaint as "MacArthur", "Potrero", and "International".
934429.3 | 023000-0790
8
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920
(323) 852-1000.
FRANDZEL ROBINS BLOOM & CsaTo, L.C.
6500 WILSHIRE BOULEVARD, | 7TH FLOOR
om nN DH PF YW NY
NY N NY N NY N NR NY NY He ewe ewe we we Be Be eH
oN DA WA BB YW YN = SOB we I DH BBW NH SF SS
Moving Party's Undisputed Material Facts
and Supporting Evidence
[Opposing Party's Response and Supporting
[Evidence
IRJN at §2 and Ex. 2.
45. In the Defendants' Answer, Defendants
admit that the Zhangs executed the Master BLA.
IRJN at 92 and Ex. 2 at pg. 3:8.
46. In the Defendants' Answer, Defendants
admit that the Zhangs executed the 2007 Note.
IRJN at §2 and Ex. 2 at pg. 2:26-3:1.
47. In the Defendants' Answer, Defendants
admit that Xiang Kai LLC executed a Deed of
(Trust in favor of the Bank on or about June
2007.
IRJN at §2 and Ex. 2 at pg. 3:20-22.
48. The Defendants also admit, in their
Answer, that the Zhangs executed two extension
lagreements related to the 2007 Note on or about
Loe 2009.
at 2 and Ex. 2 at pg. 4:5-7.
49. The Defendants additionally admitted in
itheir Answer that on or about December 2009,
tthe Zhangs also executed change in terms
agreements ("CITAs").
IRJN at §2 and Ex. 2 at pg. 4:8-10.
50. The Defendants admit that the Zhangs
executed a loan modification agreement with the
Plaintiff on or about December 2009.
IRJN at §2 and Ex. 2 at pg. 4:11-13.
51. The Defendants further admit in their
Answer that Xiang Kai executed a guaranty in
favor of the Plaintiff on or about December
2009.
IRJN at 92 and Ex. 2 at pg. 4:14-16.
52. On or about June 30, 2011, the Bank sold
the 2007 Note and assigned the 2007 TD toa
third party purchaser of the Note.
[Badura Decl. at 143 and Ex. 27.
934429.3 | 023000-0790
9
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTFRANDZEL ROBINS BLOOM & CsaTo, L.C.
6500 WILSHIRE BOULEVARD, | 7TH FLOOR
Los ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
Co mem NN DH FF WY
NN YN NN NY KN NH! Be we we ew ew ee ee
oN A A BF YW NH =F SO wm IN DH F&F wBWwNH | SD
Moving Party's Undisputed Material Facts
land Supporting Evidence
osing Party's Response and Supportin;
vidence
53. The Bank believes and understands that
the third party purchaser ("Buyer") proceeded
ith enforcing its rights under the 2007 TD,
including foreclosing on the San Francisco
Property.
IRIN at {3 and Ex. 3.
54. The Buyer filed its complaint for
declaratory relief against the Zhangs on or about
April 26, 2012.
IRJN at 4 and Ex. 3.
DATED: August 13, 2012
FRANDZEL ROBINS BLOOM & CSATO, L.C.
MICHAEL GERARD FLETCHER
KENNETH N. RUSSAK
HANNA B. RAANAN
934429.3 | 023000-0790 10.
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND
CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINT
Preview
IA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-14-2012 11:58 am Case Number: CGC-10-500934 Filing Date: Aug-14-2012 11:52 Filed by: Juke Box: 001 Image: 03723854 SEPARATE STATEMENT OF FACTS CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND XIANG ZHANG et al 001003723854 Instructions: Please place this sheet on top of the document to be scanned.om YN DH BF Ww NY NY oN NN NN NR KY KY He Be Be we we we ew Be eB em oN DA HW BF YW YH = SOC we NIN DH PB wWw NY KF SS Michael Gerard Fletcher (State Bar No. 070849) mfletcher@frandzel.com Kenneth N. Russak (State Bar No. 107283) krussak@franzel.com Hanna B. Raanan (State Bar No. 261014) hraanan@frandzel.com FRANDZEL ROBINS BLOOM & CSATO, L.C 6500 Wilshire Boulevard Seventeenth Floor Los Angeles, California 90048-4920 Telephone: (323) 852-1000 Facsimile: (323) 651-2577 Attorneys for Plaintiff and Cross-Defendant CATHAY BANK } Pars vsti ge Qn ee a VALE EB county of San Francisco” AUG 14 2012 CLERK OF COurT Deputy: SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO CATHAY BANK, a California banking corporation, Plaintiff, Vv. RAYMOND XIANG KAI ZHANG, aka RAYMOND KAI ZHANG, aka RAYMOND ZHANG, aka XIANG KAI ZHANG, aka XIANG ZHANG, aka ZHANG XIANG, an individual, CINDY ZHANG, an individual; DONG YING QUI, an individual; XIANG KAI, LLC; a California limited liability company; RAY KAI, LLC , a California limited liability company; ZHANGS, LLC, a California limited liability company; and DOES 1 through 200, inclusive, Defendants. AND RELATED CROSS-ACTIONS 934429.3 | 023000-0790 CASE NO. CGC-10-500934 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF PLAINTIFF AND CROSS-DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT XIANG KAI LLC'S CROSS-COMPLAINT [Filed concurrently with Notice of Motion and Motion for Summary Judgment on Defendant Xiang Kai LLC'S Cross-complaint; Declaration of Gregory Badura in Support Thereof; Declaration of Hanna B. Raanan in Support Thereof and Request for Judicial Notice in Support Thereof] Date: October 29, 2012 Time: 9:30 a.m. Dept.: 302 400 McAllister Street San Francisco, CA 94102 1 NOTICE OF DEMURRERS AND DEMURRERS TO XIANG KAI LLC'S CROSS-COMPLAINT0 ON DW FF YW N YN N NY N NN NY NY Be Bee Be Be Be ewe ewe ee oN DA FYB NH |= So we AI DA WwW BF WH SH Plaintiff Cathay Bank ("Bank") respectfully submits the following Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment of Defendant Xiang Kai LLC's Cross-complaint. Moving Party's Undisputed Material Facts osing Party's Response and Supportin: land Supporting Evidence vidence 1. On or about November 16, 2006, [Raymond Zhang ("R. Zhang") and Cindy Zhang "C. Zhang") executed and delivered to Cathay ank ("Bank") a master Business Loan [Agreement ("Master BLA"). Declaration of Gregory Badura ("Badura Decl.") lat 95 and Exhibit ("Ex.") 1; 2. On or about November 16, 2006, Cathay [Bank made a loan to the Zhangs under the Master BLA, Loan No. 628500246, in the lamount of $1,277,500.00 ("2006 Loan"). [Badura Decl. at {J 6 and 7. B. Evidencing the 2006 Loan, and for value received, on or about November 16, 2006, R. Zhang and C. Zhang (collectively the "Zhangs") executed and delivered to the Bank a Promissory Note dated November 16, 2006 in the principal amount of $1,277,500.00 ("2006 Note"). IBadura Decl. at §6 and Ex. 2. 4. Pursuant to the terms of the 2006 Note, the Zhangs agreed to pay monthly principal and interest payments in the amount of $9,539.00 beginning on December 20, 2006, at a fixed rate of 7.50% until November 20, 2009, at which point the interest rate would change from a fixed interest rate to a variable interest rate. The Note provides that the Zhangs would continue to make monthly payments at a variable interest rate from November 20, 2009 until the Maturity Date on November 20, 2016. Upon default, the interest rate would increase by five percent 5%). |Badura Decl. at J 8 and Ex. 2. 9344293 | 023000-0790 1 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF CATHAY BANK FOR SUMMARY JUDGMENT OF DEFENDANT XIANG KAI, LLC'S CROSS- COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 FRANDZEL ROBINS BLoom & CsaTo, L.C. ‘6500 WILSHIRE BOULEVARD, | 7TH FLOOR oe ND HW PF BN NN YN NN NN NY ee Be ewe Be eB eB ee eB oN A WA RB YW NY = SGD we IY DAH BF WN SH Moving Party's Undisputed Material Facts land Supporting Evidence lOpposing Party's Response and Supporting 5. To secure repayment of the 2006 Note, the Zhangs executed and delivered to the Bank a eed of Trust, Assignment of Rents, Security [Agreement and Fixture Filing dated November 16, 2006 ("Daly City Deed of Trust", together jwith the 2006 Note "2006 Loan Documents") on real property commonly known as 7276-7298 [Mission Street, Daly City, California 94014 “Daly City Property"). [Badura Decl. at | 9 and Ex. 3. 6. The Bank assigned loan number 1628500246 to the 2006 Loan and that number as reflected on each of the 2006 Loan Documents. [Badura Decl. at J 7. (7. The 2006 Loan was closed through Old |Republic Title Company, which acted as the escrow agent. [Badura Decl. at { 10. 8. Pursuant to the 2006 Loan, the Zhangs received a disbursement of the full 2006 Loan lamount on November 20, 2006 via wire transfer iin the amount of $1,270,489.50, which Cathay lwired to Old Republic's Escrow account for the 2006 Loan on November 20, 2006. [Badura Decl. at §{ 11 and Exs. 4 and 5. 9. The Bank understands that the Zhangs lused the 2006 Loan proceeds to pay-off a loan from Oceanic Bank, to refinance a loan from Wells Fargo Bank secured by a lien on their personal residence, and to pay past-due property taxes on the Daly City Property, with the remaining $195,212.39 after payment of other fees deposited into an (personal) account at \Bank of America. [Badura Decl. at § 12; Declaration of Hanna B. Raanan ("Raanan Decl."), Exhibits C and D. 10. | The Zhangs defaulted on the 2006 Loan and 2006 Note in or about November 2010. The [Bank subsequently foreclosed on the Daly City [Property and filed a Unlawful Detainer case in an Mateo County to evict Z-Line Supply. 934429.3 | 023000-0790 2 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTFRANDZEL ROBINS BLOoM & CsatTo, L.C. ‘6500 WILSHIRE BOULEVARD, | 7TH FLOOR LOS ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 0 ON DH FF WY RYN NY NY YN NR KN KY S&B Be Be Be ewe Be ew eB oN DW BF BH |= Some AN DA HWA RF BW NH S| SS Moving Party's Undisputed Material Facts osing Party's Response and Supportin: land Supporting Evidence vidence lanother company owned and operated by the Zhangs, Case no. CLJ 203356. [Badura Decl. at ] 40, Exhibit 26. 11. On or about June 6, 2007, the Zhangs executed and delivered to the Bank a (Modification of Business Loan Agreement "2007 BLA Modification") related to the Master BLA. [Badura Decl. at J 13 and Ex. 6. 12. | The 2007 BLA Modification added two provisions, that the Zhangs would provide additional financial information regarding Xiang ito the Bank, and the addition of an "out of debt requirement". The 2007 BLA Modification also stated that the terms of the Master BLA and related documents remained unchanged and that the Zhangs had read and understood all the provisions of the Agreement and any related documents. [Badura Decl. at § 13 and Ex. 6. 13. The 2007 BLA Modification is one page lin length and did not materially alter the terms lof the 2006 Loan or the Master BLA. Furthermore, the 2007 BLA Modification did inot change the maturity date of the 2006 Loan. [Badura Decl. at 14. 14. On or about June 6, 2007, Cathay Bank made a different loan to the Zhangs, Loan No. 128600386, in the amount of .$1,500,000.00 "2007 Loan"). IBadura Decl. at 415. 15. | Onor about June 6, 2007, evidencing the 2007 Loan, the Zhangs executed a Promissory [Note dated June 6, 2007 in the principal amount lof $1,500,000.00 ("2007 Note"). [Badura Decl. at 416 and Ex. 7. 16. | The 2007 Note provided that the interest rate during the 2007 Note would be 0.500 percentage points below the Wall Street Journal rime Rate (but in no event less than 5.750%). 9344293 | 023000-0790 3 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 FRANDZEL ROBINS BLOOM & CsaTo, L.C. 6500 WILSHIRE BOULEVARD, | 77H FLOOR 0 em ND HW BF WN NY NY NY N NR NR KN NY B&B Be we Be Be Be eB eB ec DA WH RF WN -= GOD we NIN DH BF WHY SF Oo Moving Party's Undisputed Material Facts land Supporting Evidence [Opposing Party's Response and Supporting [Evidence lwith the Borrower to make monthly interest lpayments beginning July 15, 2007 and commencing with one full payment of the outstanding principal plus all accrued, unpaid linterest upon the maturity date of June 15, 2009. [Badura Decl. at 417 and Ex. 7. 17. | To secure repayment of the 2007 Note, the Zhangs executed and delivered to the Bank, iin their capacity as members of Xiang Kai, LLC "Xiang Kai"), a Deed of Trust to real property "SF Deed of Trust") located at 5530 Mission Street, San Francisco, CA ("San Francisco Property"). [Badura Decl. at {17 and Ex. 8. 18. | The Bank assigned loan number 128600386 to the 2007 loan and that number Iwas reflected on each of the 2007 Loan Documents. IBadura Decl., § 18. 19. In acknowledgement of the 2007 Loan, jon or about June 7, 2007, R. Zhang sent a letter to the Bank stating his instructions as manager lof Xiang that the Bank debit Xiang's checking laccount in the amount of $7.716.00 "as total charges to establish loan #128600386." ‘emphasis added). [Badura Decl. at 419 and Ex. 9. 20. The 2007 Loan was closed through (Chicago Title Company, which acted as the escrow agent. [Badura Decl. at §20. 21. On September 12, 2007, Raymond (Zhang requested that the Bank disburse a draw jon the 2007 Loan in the amount of {$1,000,000.00, pursuant to the 2007 Note, into tthe Zhangs' personal checking account number 41100867. Badura Decl. at 21 and Ex. 10. 934429.3 | 023000-0790 4 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTFRANDZEL ROBINS BLOOM & CSATO, L.C. ‘6500 WILSHIRE BOULEVARD, | 7TH FLOOR LOS ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 oOo NY DH F WY = YPN NN NN N NN Bee Be Be Be eB Be Be Be oN DA A BF BNH = DoD wm NHN A A BF WN SF SD Moving Party's Undisputed Material Facts land Supporting Evidence osing Party's Response and Supportin: idence 22. On September 12, 2007, the Bank did disburse the sum of $1,000,000.00 into the Zhangs' personal checking account pursuant to the 2007 Loan. [Badura Decl. at 22 and Ex. 11. 23. On December 21, 2007, Raymond Zhang requested that the Bank disburse a second draw ion the 2007 Loan in the amount of $200,000.00, [pursuant to the 2007 Note, into the Zhangs' personal checking account number 41100867. [Badura Decl. at {23 and Ex. 12. 24. On December 21, 2007, the Bank disbursed the sum of $200,000.00 into the Zhangs' personal checking account pursuant to the 2007 Loan. IBadura Decl. at § 24 and Exs. 13 and 14. 25. On January 15, 2008, Cindy Zhang requested that the Bank disburse a third final disbursement of the 2007 Loan in the amount of ($298,000.00, pursuant to the 2007 Note, into the (Zhangs' personal checking account, Account No. 41100867. [Badura Decl. at § 25 and Ex. 15. 26. On January 16, 2008, the Bank disbursed the amount of $298,000.00 into the Zhangs' personal checking account pursuant to the 2007 (Loan. [Badura Decl. at § 26 and Exs. 16 and 17. 27. As a result, as of January 16, 2008, the full amount of the 2007 Loan had been Risbursed to the Zhangs pursuant to the 2007 ote. [Badura Decl. at 427 and Ex. 18. 28. On June 15, 2009, the Zhangs failed to pay the full principal amount and accrued interest as required under the 2007 Note. Badura Decl. at 28. 934429.3 | 023000-0790 5 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 FRANDZEL ROBINS BLOOM & CsaTo, L.C. 6500 WILSHIRE BOULEVARD, | 7TH FLOOR: Co eae ND HW BF WY RN NY NY NN NN NY Bee wee eB Be ew we He oN DA A F&F BN =| SF 6D we RADA A FB WH K&S Moving Party's Undisputed Material Facts land Supporting Evidence lOpposing Party's Response and Supporting 29. In connection with the 2007 Loan, on or labout June 12, 2009, the Zhangs executed a {Loan Extension Agreement and Modification of he Note ("First Extension"). [Badura Decl. at 4 29 and Ex. 19. B0. The First Extension extended the Imaturity date 60-days from June 15, 2009 to August 14, 2009. Badura Decl. at 29. B1. The Zhangs failed to pay the 2007 Note lon August 14, 2009 and the Bank again agreed t extend the maturity date. adura Decl. at J 30. 32. On or about September 21, 2009, the Zhangs executed a Loan Extension Agreement and Modification of the Note (Second IExtension), which extended the maturity date of the 2007 Note from August 14, 2009 to October 15, 2009. No other changes to the 2007 Note ere made by this extension. [Badura Decl. at 4 31 and Ex. 20. 33. | The Zhangs failed to make the October 115, 2009 maturity date payment pursuant to the September 21, 2009 Loan Extension Agreement land Modification of the Note. [Badura Decl. at 432. 34. On or about December 28, 2009, the (Zhangs executed and delivered to the Bank a [Modification of Business Loan Agreement, modifying the Master BLA ("BLA Modification"). [Badura Decl. at § 33 and Ex. 21. 934429.3 | 023000-0790 6 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CAUFORNIA 90048-4920 (323) 852-1000 FRANDZEL ROBINS BLOOM & CsarTo, L.C. 6500 WILSHIRE BOULEVARD, 1 7TH FLOOR oom ND HW BF WN YN NN N NN NN Bee we ee ee ee oN DAA BF YN = SOD we IR DAHA BR WN =| Moving Party's Undisputed Material Facts land Supporting Evidence IE \Opposing Party's Response and Supporting 35. On or about December 28, 2009, the (Zhangs executed and delivered to the Bank a (Change in Terms Agreement ("Third Extension"), which reduced the principal lamount to $1,499,387.50 and extended the maturity date of the Note from August 14, 2009 to January 15, 2010. The 2009 CITA further contained a provision which states "each borrower read and understood all the provisions lof this Agreement." IBadura Decl. vB Ex. 21. 36. The BLA Modification provided that [Xiang Kai would execute a new guaranty in the lamount of $1,499,500.00. The 2009 [Modification also included a statement which reads as follows: "Prior to signing this Modification, Borrower read and understood all the provisions of this Modification and any and fall related documents.” {Badura Decl. at 935 and Ex. 22. 37. On or about December 28, 2009, in connection with the 2009 Modification, the Zhangs, in their capacity as managers of Xiang Kai, executed and delivered to the Bank a (Commercial Guaranty in the amount of $1,499,500.00. The Zhangs also executed and Kdelivered to the Bank a Commercial Security Agreement. [Badura Decl. at 436 and Exs. 23 and 24. 38. The Zhangs failed to make the loan Imaturity date payment on January 15, 2010 pursuant to the First Extension. [Badura Decl., at § 37. 39. The Bank agreed to.extend the maturity date of the 2007 Loan to April 30, 2010 (Fourth [Extension), at which point the entire unpaid principal balance and accrued interest would become due and payable. [Badura Decl. at 37. 934429.3 | 023000-0790 7 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 FRANOZEL ROBINS BLOOM & CsaTo, L.C. 6500 WILSHIRE BOULEVARD, | 7TH FLOOR oe ND WH FF WN RN RY NY NY NY NN NY | Be Be Be Be Be ew we Be oN DAW FY NH = SOD MAI DAH FF WH S| SS Moving Party's Undisputed Material Facts land Supporting Evidence [Opposing Party's Response and Supporting [Evidence 40. The Zhangs defaulted on the 2007 Loan jon or around May 2010 by failing to make full [payment of the principal and accrued interest on [April 30, 2010 as required under the 2007 Note land subsequent extensions of the maturity date. [Badura Decl. at J 38. 41. The Bank recorded its Notice of Default [pursuant to the 2007 Note and SF Deed of Trust on or about June 4, 2010. [Badura Decl. at 439 and Ex. 25 42. On or about June 22, 2010, the Bank filed its Verified Complaint for Judicial (Foreclosure and Deficiency Judgment and Specific Performance to Enforce Terms and Provisions of Deed of Trust and Appointment of Receiver and Injunctive Relief on the 2007 Loan |, as well a Construction Loan, also entered into lby another Zhang company, Ray Kai, LLC. [Badura Decl. at §41; Request for Judicial Notice "RJN") at ¥ 1. 43. Following the filing of the Complaint, tthe Bank petitioned and was granted the appointment of a Receiver, and scheduled the foreclosures of the San Francisco Property, and three other properties related to the Construction [Loan. [Badura Decl. at §42. 44. On or about May 12, 2011, the [Defendants Answered the Bank's Complaint, lanswering only the remaining causes of action land acknowledging that the Judicial Foreclosure causes of action had been dismissed. ' the Verified Complaint also includes causes of action related to the Bank's rights in connection with a separate $7,238,000.00 construction loan made by the Bank to Ray Kai, LLC, and entity owned by Raymond and Cindy Zhang ("Construction Loan"). Although the facts relating to the Construction Loan give context to the loan(s) at issue, they have no legal relevance to the resolution of the Cross-complaint, and therefore are not addressed in this Motion. The Bank, however, reserves all of its rights, remedies, claims and contentions in connection with the Construction Loan, and otherwise. The Construction Loan was secured by three properties referred to in the Complaint as "MacArthur", "Potrero", and "International". 934429.3 | 023000-0790 8 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTLOS ANGELES, CALIFORNIA 90048-4920 (323) 852-1000. FRANDZEL ROBINS BLOOM & CsaTo, L.C. 6500 WILSHIRE BOULEVARD, | 7TH FLOOR om nN DH PF YW NY NY N NY N NY N NR NY NY He ewe ewe we we Be Be eH oN DA WA BB YW YN = SOB we I DH BBW NH SF SS Moving Party's Undisputed Material Facts and Supporting Evidence [Opposing Party's Response and Supporting [Evidence IRJN at §2 and Ex. 2. 45. In the Defendants' Answer, Defendants admit that the Zhangs executed the Master BLA. IRJN at 92 and Ex. 2 at pg. 3:8. 46. In the Defendants' Answer, Defendants admit that the Zhangs executed the 2007 Note. IRJN at §2 and Ex. 2 at pg. 2:26-3:1. 47. In the Defendants' Answer, Defendants admit that Xiang Kai LLC executed a Deed of (Trust in favor of the Bank on or about June 2007. IRJN at §2 and Ex. 2 at pg. 3:20-22. 48. The Defendants also admit, in their Answer, that the Zhangs executed two extension lagreements related to the 2007 Note on or about Loe 2009. at 2 and Ex. 2 at pg. 4:5-7. 49. The Defendants additionally admitted in itheir Answer that on or about December 2009, tthe Zhangs also executed change in terms agreements ("CITAs"). IRJN at §2 and Ex. 2 at pg. 4:8-10. 50. The Defendants admit that the Zhangs executed a loan modification agreement with the Plaintiff on or about December 2009. IRJN at §2 and Ex. 2 at pg. 4:11-13. 51. The Defendants further admit in their Answer that Xiang Kai executed a guaranty in favor of the Plaintiff on or about December 2009. IRJN at 92 and Ex. 2 at pg. 4:14-16. 52. On or about June 30, 2011, the Bank sold the 2007 Note and assigned the 2007 TD toa third party purchaser of the Note. [Badura Decl. at 143 and Ex. 27. 934429.3 | 023000-0790 9 SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINTFRANDZEL ROBINS BLOOM & CsaTo, L.C. 6500 WILSHIRE BOULEVARD, | 7TH FLOOR Los ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 Co mem NN DH FF WY NN YN NN NY KN NH! Be we we ew ew ee ee oN A A BF YW NH =F SO wm IN DH F&F wBWwNH | SD Moving Party's Undisputed Material Facts land Supporting Evidence osing Party's Response and Supportin; vidence 53. The Bank believes and understands that the third party purchaser ("Buyer") proceeded ith enforcing its rights under the 2007 TD, including foreclosing on the San Francisco Property. IRIN at {3 and Ex. 3. 54. The Buyer filed its complaint for declaratory relief against the Zhangs on or about April 26, 2012. IRJN at 4 and Ex. 3. DATED: August 13, 2012 FRANDZEL ROBINS BLOOM & CSATO, L.C. MICHAEL GERARD FLETCHER KENNETH N. RUSSAK HANNA B. RAANAN 934429.3 | 023000-0790 10. SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION OF PLAINTIFF AND CROSS-COMPLAINANT CATHAY BANK FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINT