Answer of Defendants XLD Century LLC and XLD Group LLC to Relator GNGH2 Inc.’s Complaint under the False Claims Act — United States ex rel. GNGH2 Inc. v. XLD Century LLC (Dkt. 25, C.D. Cal.)

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The Answer of Defendants XLD Century LLC and XLD Group LLC to Relator GNGH2 Inc.'s Complaint under the False Claims Act in United States ex rel. GNGH2 Inc. v. XLD Century LLC and XLD Group LLC, Case No. 2-22-CV-05514-SB-PVC, in the U.S. District Court for the Central District of California, executed October 5, 2023. Through counsel Dana Moon of Moon & Dorsett, PC, the defendants answer the complaint filed August 4, 2022, paragraph by paragraph. They admit some paragraphs, deny others, and state that they lack sufficient knowledge to respond to others, including the phrase large scale outbreaks of panic and hysteria. A proof of service lists counsel for the relator, Yael Lerman and David N. Abrams.

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Case 2:22-cv-05514-SB-PVC      Document 25 Filed 10/05/23        Page 1 of 3 Page ID
                                          #:119



 1   Dana Moon, Esq. (Bar No. 185154)
     wk@moondorsett.com
 2   MOON & DORSETT, PC
     445 S. Figueroa Street, Suite 2900
 3   Los Angeles, CA 90071
 4   Telephone: (213) 380-1526
 5   Attorneys for Defendants
     XLD CENTURY LLC; XLD GROUP LLC
 6
 7
 8                          UNITED STATES DISTRICT COURT
 9                  FOR THE CENTRAL DISTRICT OF CALIFORNIA
10
     United States ex rel. GNGH2 Inc., )        Case No.: 2-22-CV-05514-SB-PVC
11
                                       )
12                 Plaintiff,          )     ANSWER OF DEFENDANTS XLD
                                       )     CENTURY LLC AND XLD GROUP
13                                           LLC TO RELATOR GNGH2 INC.’S
           vs.                         )     COMPLAINT UNDER THE FALSE
14                                     )     CLAIMS ACT
15   XLD CENTURY LLC and XLD           )
     GROUP LLC,
                                       )
16                                           Complaint filed: August 4, 2022
                 Defendants.           )
17                                     )
18
        Defendants XLD CENTRY LLC; XLD GROUP LLC (collectively
19
     “Defendants”) hereby answer the complaint (“Complaint”) filed by Relator
20
     GNGH2 Inc. (“Relator”) as follows:
21         1.     Defendants admit the allegations in Paragraphs 2, 3, 7, 8, 11, 13, 16,
22   19 of the Complaint.
23         2.     Answering Paragraphs 4, 5, 6 of the Complaint, Defendants are
24   without sufficient knowledge or information to form a belief as to truthfulness.
25         3.     Defendants generally admit the allegation in Paragraphs 9 and 10 of
26   the Complaint, but are without sufficient knowledge or information to form a belief
27   as to truthfulness of “large scale outbreaks of panic and hysteria.”
28


                                        Page 1 of 2
                              Defendants’ Answer to Complaint

     Case 2:22-cv-05514-SB-PVC        Document 25 Filed 10/05/23       Page 2 of 3 Page ID
                                            #:120



 1         4.       Defendants deny the allegation in Paragraph 14 in that it quotes an
 2   inaccurate version of the Form 2483-SD, wherein Complaint replaces each comma
 3   with a period after the word “Hong Kong.”
 4         5.       Defendants deny the allegations contained in Paragraphs 15, 17, 18,

 5   and 21 of the Complaint.
           6.       Paragraphs 1, 12, 20, 22, 24, 25 are legal conclusions and argument to
 6
     which no answer is required. To the extent that any answer is required, Defendants
 7
     deny such legal conclusions and argument.
 8
 9                                AFFIRMATIVE DEFENSES

10                                    (Public Disclosure)
           Relator’s allegations are based on information that is publicly available via
11
     inter alia the news media, namely that Defendants are subsidiaries of a Chinese
12
     company and that Defendants own certain Marriott hotels operated by Marriott
13
     Management. The government therefore has enough information to investigate the
14
     case since the information alleged are already in the public domain.
15
           Relator has not provided any missing link between the public information
16
     and the alleged fraud and is not the original source of the information.
17
                            PRAYER FOR RELIEF
18
           WHEREFORE, having responded to Relator’s Complaint and having stated
19
     their affirmative defenses, Defendants pray that:
20
           1.       Judgment be entered against Relator and in favor of Defendants and
21
     that Relator takes nothing by its Complaint;
22
           2.       Defendants be awarded their costs of suit incurred in defense of this
23
     action; and
24
           3.       The Court award Defendants such other relief as the Court deems “just
25
     and proper.”
26
     Dated: October 5, 2023                   MOON & DORSETT, PC
27                                            By: _______/s/_____________________
28                                                  Dana Moon Esq.
                                              Attorneys for Defendants


                                          Page 2 of 2
                                Defendants’ Answer to Complaint

Case 2:22-cv-05514-SB-PVC      Document 25 Filed 10/05/23        Page 3 of 3 Page ID
                                     #:121



                    PROOF OF SERVICE OF DOCUMENT


I am over the age 18 and not a party to this case. My business address is 445 South
Figueroa St., Suite 2900, Los Angeles, CA 90071.


A true and correct copy of the foregoing document entitled: ANSWER OF
DEFENDANTS XLD CENTURY LLC AND XLD GROUP LLC TO
RELATOR GNGH2 INC’S COMPLAINT UNDER THE FALSE CLAIMS
ACT will be served or was served in the manner stated below.


TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC
FILING (NEF): Pursuant to controlling GeneralOrders and LR, the foregoing
document will be served by the court via NEF and hyperlink to the document. On
October 5, 2023, I checked the CM/ECF docket for this case and determined that
the following persons are on the Electronic Mail Notice List to receive NEF
transmission at the email addresses stated below:

      Yael Lerman on behalf of Plaintiff GNGH2 INC.:
      yaell@standwithus.com
      David N. Abrams on behalf of Plaintiff GNGH2 INC.:
      dnabrams@wjlf.org; dnabrams@gmail.com
      Dana Moon on behalf of Defendants XLD CENTURY LLC; XLD
      GROUP LLC: wk@moondorsett.com



I certify under penalty of perjury, under the laws of the State of California and the
United States that the foregoing is true and correct.


      Executed on October 5, 2023, at Los Angeles, California.




                                              ________________________
                                              Wendy Kim, Declarant

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