Nap Holdings v. China Electronics CA2/8
On May 28, 2021, plaintiff filed this action against defendant seeking a declaratory judgment on the question of whether an agreement, bearing the signatures of both parties and an effective date of December 18, 2018, was an enforceable written contract. Plaintiff alleged there had been no mutual consent on all material terms of the agreement and also alleged fraud in the execution of the agreement.
In response, defendant filed a motion to compel arbitration. Defendant attached a copy of the December 2018 agreement to its motion. The six-page agreement identified defendant as “lender” and plaintiff as “borrower.” The final page bears the signature of Cherry Miyake, president of defendant, and Ronny Hay, manager of plaintiff. The bottom righthand corner of each page also bears the handwritten initials of both Ms. Miyake and Mr. Hay.
Comments on Nap Holdings v. China Electronics CA2/8