[TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

On November 6, 2018, plaintiffs Tongfang Global Co., Ltd. and Tongfong Global, Inc. (collectively, “Plaintiffs”) filed their first amended complaint (“FAC”) against defendant Richard Houng (“Defendant”) arising from Defendant’s failure to honor his guaranties of two commercial debts. Defendant is the former Chief Executive Officer of Westinghouse Digital, LLC (“WD”) . WD purchased televisions from Plaintiffs and sold the televisions to retailers. WD ceased conducting business in 2015. Plaintiffs allege that WD failed to pay for televisions and that Defendant guaranteed WD’s debt.

The FAC alleges six causes of action: (1) breach of the 2011 guaranty and of the guaranty in 2013 forbearance agreement; (2) fraud regarding the 2011 guaranty; (3) fraud regarding the guaranty in the 2013 forbearance agreement; (4) breach of guaranty regarding the 2014 loan agreement; (5) reformation of the 2014 guaranty; and (6) fraud re