Philip Patrick Sun v. Alvin Cheung, et al.

Summary

The United States District Court for the Eastern District of California ruled on cross-motions for summary judgment in a breach-of-contract action arising from an independent contractor agreement. The court denied Plaintiff’s motion, granted summary judgment to Defendant Alvin Cheung because he was not a party to the agreement, and denied the remaining portion of Defendants’ motion because genuine disputes existed concerning termination of the agreement and Plaintiff’s performance.

Holdings

1. Sun was not entitled to summary judgment because a genuine dispute of material fact existed regarding when the Independent Contractor Agreement was terminated.
2. Cheung was not a party to the Independent Contractor Agreement and was not liable for any breach of that agreement.
3. Defendants were not entitled to summary judgment on this ground because conflicting evidence created a genuine dispute regarding whether Sun performed under the contract after June 30, 2022.

Questions Presented

1. Whether Sun was entitled to summary judgment on his breach-of-contract claim based on alleged improper termination and nonpayment.
2. Whether a genuine dispute of material fact existed regarding when the Independent Contractor Agreement was terminated.
3. Whether Alvin Cheung, who signed the agreement as CNU's representative, was a party to the contract and could be liable for its breach.
4. Whether Defendants were entitled to summary judgment based on the alleged absence of post-June 30, 2022 performance by Sun.

Disposition

other