Bublitz, DC Marketing v. Tsang,

990313 David Bublitz, dba
DC Marketing, Plaintiff and Appellee
v.
Abies Tsang, dba
Purple Rooster, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Ralph Robert Erickson
Nature of Action: Contracts
Counsel:
Appellant: Pro se
Appellee: Dennis William Lindquist
Term: 05/2000   Argument: 05/18/2000  10:45am
ND cite: 2000 ND 100
NW cite: 617 N.W.2d 131


Issues: Appellant's Statement of the Issues:
I. Case Should Not Be Tried In North Dakota.
II. Purple Rooster LLC (a California Limited Liability Company) should be the defendant.
III. No written agreement to show period of time covered, what particular sales were covered or percentage of compensation for overriding of sales.
IV. Documentation from both Appellant and Appellee shows Appellant was paid in full for all jobs.
V. Cass County Court Should Not Had Tried This Case; and when It Tried This Case, Treated Mr. Abies Tsang unfairly.

Appellee's Statement of the Issues:
1. Whether the trial court had subject matter jurisdiction over the oral sales agreement between the parties because Tsang alleges that a written contract exists in which one of the terms dictates that any disputes that may arise from the oral sales agreement are to resolved in Solano County.
2. Even if subject matter jurisdiction exists, whether the court was clearly erroneous in awarding a judgment in favor of Bublitz and against Tsang because the findings of facts do not support the court's conclusions of law.
3. Whether the judgment is binding against Tsang personally because Purple Rooster is a corporation and the proper defendant is the corporation, not Abies Tsang personally.

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Docket entries:
110/15/1999 NOTICE OF APPEAL: 10/14/1999
211/16/1999 RECORD ON APPEAL & separates 32, 33, 60 (transcripts); not rec'd - 18, 21, 47, 50, 67, 89, 94,
311/16/1999 102 & 112 (steno notes & tapes)
412/10/1999 Faxed copies of undated letters from Abies Tsang regarding an ext/time/file OTR
512/13/1999 Faxed copy of letter from Abies Tsang w/attached copy of letter to Eloise Haaland re: transcript
612/13/1999 MOT. EXT/TIME APPELLANT BRIEF (Letter from Mr. Tsang)
712/13/1999 ACTION BY CHIEF JUSTICE (AT must file ATB by 12-27-99 or have written confirmation that an attorney. granted: 12/27/1999
812/13/1999 has agreed to represent him or the appeal will be referred to Court for dismissal.)
912/27/1999 APPELLANT BRIEF
1001/18/2000 DISK - ATB
1101/21/2000 Ltr dtd 1-14-00 w/Incomplete Appendix recd from AT
1201/21/2000 MOT. EXT/TIME APPELLEE BRIEF (Sua Sponte)
1301/21/2000 ACTION BY CLERK (See PM ltr of 1-21-00). Granted: 03/05/2000
1402/23/2000 Per GWV, Appellant's "Appendix" will not be filed as it does not comply with Rule 30, NDRAppP
1503/02/2000 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)(based upon rejection of ATA)
1603/02/2000 ACTION BY CLERK (30 days from rejection of ATA). Granted: 03/25/2000
1703/13/2000 Cy of letter from Abies Tsang to Cass County Dist. Court
1803/20/2000 APPELLEE BRIEF
1903/20/2000 APPELLEE APPENDIX
2003/21/2000 Clerk's Supplement Cert of ROA dated 3/20/2000 with entries 120 & 121 attached
2103/30/2000 Corrected T.O.A. & pages vii, ix, & x for AEB (inserted)
2203/30/2000 DISK - AEB
2304/05/2000 Letter dated 3-31-00 from Abies Tsang
2405/18/2000 APPEARANCES: Abies Tsang; Dennis W. Lindquist
2505/18/2000 ARGUED: Lindquist; Tsang (argued in reverse order) (Vol. X; page 30)
2605/18/2000 ORAL ARGUMENT WEBCAST
2705/25/2000 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2805/25/2000 UNANIMOUS OPINION: , Per Curiam
2905/25/2000 Costs on appeal taxed in favor of appellee
3005/26/2000 Order/Judgment Mailed to Parties
3106/08/2000 PETITION FOR REHEARING
3206/12/2000 DISK - PER
3306/29/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
3406/29/2000 ACTION BY SUPREME COURT (PER). Denied
3507/11/2000 MANDATE
3607/13/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3702/15/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/29/2014