The protection of the Chinese Cultural Center is in progress | The temporary injunction on roof renovation has been lifted. What is the next step? article cover image
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The protection of the Chinese Cultural Center is in progress | The temporary injunction on roof renovation has been lifted. What is the next step?

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The protection of the Chinese Cultural Center is in progress | The temporary injunction on roof renovation is lifted. What is the next step? At 8 pm on November 1, the Save China Cultural Center Organizing Committee...

Local families

At 8 pm on November 1, some members of the Save China Cultural Center Organizing Committee held a meeting in Yufengcaitang to discuss the follow-up action plan regarding the temporary injunction on the roof renovation of Old Sichuan and Zhenbei Company and the invalidation judgment on November 11. The organizing committee will continue a series of measures to protect the Chinese Cultural Center in Phoenix. No result will shake the determination of the Chinese community to protect the center to the end.

It has been four months since the cultural center suffered a disaster. On December 1, the judge's decision not to extend the TRO in the old Sichuan lawsuit made many friends care about the cultural center and raised it in their throats again. Everyone is very concerned about the possible development of the cultural center in the near future, and especially wants to know how to continue to protect the cultural center from harm. Here, based on what I know, I would like to share some relevant information with you. The TRO dispute is just the appetizer for the lawsuit. Now many people think that Old Sichuan has lost the lawsuit and True North will start demolishing the tiles next Monday. This conclusion is incomplete. The fact is that the lawsuit between Old Sichuan and True North Company has not yet begun. Since True North Company submitted an application to demolish the tiles to the city government, from September 15 to November 28, the two parties only disputed whether the glazed tiles at the center of the dispute were necessary and needed to be protected before the lawsuit was decided. During this period, the court first granted a temporary restraining order to give both parties time to provide evidence and argue. If it can be proven that the current demolition will cause irreparable damage to old Sichuan, the court will issue a formal restraining order. If it cannot be proven, the court will rule that there is no need to restrict True North’s demolition of tiles before the lawsuit is filed, in order to avoid True North’s economic losses during this period. From September 15th to November 28th, after hearing the testimonies and disputes related to the case, the judge believed that Old Sichuan did not provide enough evidence to prove that the loss of the Chinese glazed tiles was irreparable. At worst, it would have to compensate Old Sichuan for the losses in the future. Therefore, the judge ruled that the restraining order on Zhenbei's tile demolition can be canceled before the official court session. The official hearing of this lawsuit is likely to wait until half a year to a year later. Is there any chance to protect the glazed tile roof from being demolished? According to American law, if one party to the lawsuit can convince the court that his losses will be irreparable before the formal trial, the judge will issue a formal restraining order requiring the other party not to make any changes to the disputed property before the trial. But if this party cannot convince the judge to issue a restraining order, another method is to express to the court that it is willing to provide a deposit to the other party and request the court to issue protection. Therefore, if Lao Sichuan now comes forward and tells the court that he is willing to provide True North Company with a Supersedes Bond (deposit to terminate the execution of the judgment), the court must immediately terminate True North Company's execution of the demolition of tiles. This deposit is a guarantee to the court that the interests of True North Company will not be harmed. If Old Sichuan's lawsuit is really lost to True North, True North Company will receive this deposit to make up for the losses caused by his failure to carry out the demolition of tiles. Therefore, as long as Old Sichuan is willing to pay this deposit, Old Sichuan will lose the lawsuit, and it can also guarantee that the glazed tile roof will not be demolished at least until the lawsuit between Old Sichuan and Zhenbei is concluded, that is, within six months to a year. If Old Sichuan wins the lawsuit, not only will there be no need to pay a deposit, but the glazed tiles of the cultural center will be preserved forever. How much security deposit is required? It is difficult to estimate how much security deposit is required. This requires the judge to conduct another hearing on the assessment of losses by both parties and make a decision based on the evidence provided by both parties. For example, during an emergency hearing on September 15, the judge required Lao Sichuan to pay insurance premiums for a $25,000 deposit to restrict True North Company from demolishing tiles. But this time it takes a long time, the situation changes, and the amount will also change. But if, as True North told the courts and the press, they were simply turning the cultural center into a corporate headquarters, whether the Chinese glazed tile roof or the American earth tile roof should have affected their own company's presence. Moreover, the old Sichuan TRO hearing has determined that the current glazed tile roof does not affect the internal reconstruction of True North Company and should not cause him great losses. However, we cannot underestimate the eloquence and ability of True North’s lawyers. They will strive to persuade the court to require a larger deposit. How to protect the cultural center now? Although the lawsuit in Old Sichuan is between two private companies, Old Sichuan and True North Company, it objectively plays the role of the protector of the cultural center. Due to the disaster of the cultural center, Lao Sichuan's business was greatly affected, and it also had to support the lawsuit with True North Company. In a certain sense, everyone is now supporting the business of Old Sichuan, and giving money and effort to support Old Sichuan has the confidence to fight the lawsuit with True North Company. This is the best action to protect the cultural center. According to Farmer Painter's understanding, Old Sichuan has already spent more than 80,000 yuan in legal and other fees for the current lawsuit. If it has to pay more for the deposit, it will be really stressful. If a dozen, dozens or hundreds of overseas Chinese in Phoenix City could come forward to raise funds for the cultural center, it would be a big difference. When everyone gathers firewood, the flames are high, allowing Old Sichuan to go to court to buy a deposit with confidence. This approach is very practical. Not only can it immediately save the glazed tile roof of the cultural center, but more importantly, it can let True North Company see that it is facing a group with strength and determination. Perhaps this can help them see the situation clearly and make an early decision to talk to the overseas Chinese community and sell the cultural center back to people who love Chinese culture and community. I am confident that as long as we all stand up together, we will buy the Center time. When the court officially opens, we will have enough materials to prove that the tiles in the cultural center are irreplaceable, that the losses are absolutely irreparable, that True North Company's renovation of the cultural center must go through a public hearing, etc. We believe that by then the old Sichuan lawsuit will have more winning evidence, and the cultural center will be protected through everyone's efforts.

The Chinese in the United States are known for their law-abiding, hard-working, and simple people. We come with thousands of years of faith and culture of the Chinese nation. We work hard, pay our taxes on time and according to the amount, and have made a great contribution to building the United States. Every Chinese family needs to pay thousands or tens of thousands in taxes a year. So if this year, you would donate this tax to protect our cultural heritage, would you be willing? All donation activities are tax deductible. We now need to pool our efforts, those who have money to contribute, those who have the strength to contribute, and never give up!

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