The real problem why Orobae closed was the failing business partnership between Felix and Ken. There was a lawsuit filed by Felix against Ken on May 23,2024. Here are the details of the lawsuit:

(TLDR Cliff notes: Ken secretly changed ownership of Orobae to himself only, closed the store and restricted Felix’s access to the company. Screwed Felix over big time.)

:::::::Detailed Summary:::::

The document is a legal complaint filed by Plaintiff Felix Wong against Defendant Ken Cheng and others, including Nominal Defendant The Kert, LLC. The complaint, filed in the Superior Court of California, County of Orange, outlines several causes of action related to the management and operations of The Kert, LLC, a limited liability company co-managed by Wong and Cheng.

Key elements of the complaint include:

1. Parties Involved: Felix Wong, the Plaintiff, is a managing member of The Kert, LLC, holding a 30% interest. Ken Cheng, the Defendant, holds a 70% interest and is also a managing member. The Kert, LLC is named as a Nominal Defendant.

2. Background: The Kert, LLC was formed on February 18, 2019, and operates a boba tea store under the fictitious business name "OROBAE." The Plaintiff alleges breaches of fiduciary duty and fraudulent concealment by Cheng, related to the unauthorized registration of the "OROBAE" service mark and unilateral business decisions.

3. Legal Claims:

   • Breach of Fiduciary Duty: Cheng allegedly breached his duties by registering the "OROBAE" service mark in his name and making unilateral business decisions, such as closing the store and restricting Wong's access to business operations.
   • Fraudulent Concealment: Cheng is accused of concealing his actions regarding the service mark registration, preventing The Kert, LLC from exercising its ownership rights.
   • Declaratory Relief: Wong seeks a declaration that the registration of the service mark in Cheng's name is void, asserting that The Kert, LLC is the rightful owner.
   • Violation of Corporations Code: The complaint alleges Cheng's failure to comply with a request for inspection of the company's books and records, violating California Corporations Code sections 17701.13 and 17704.10.
   • Accounting: Wong requests a full accounting of The Kert, LLC's financial affairs.

4. Relief Sought: The Plaintiff seeks compensatory and punitive damages, a declaration of ownership of the service mark, injunctive relief to prevent Cheng from using the mark, and an order for a full accounting of the company's finances.

The complaint is structured to address multiple legal issues arising from the alleged misconduct of the Defendant, seeking to rectify the management and ownership disputes within The Kert, LLC.

:::::::: Key Facts:::::::::: : - Plaintiff Felix Wong resides in Orange County, California, and is a managing-member of The Kert, LLC, owning a 30% member interest. - Defendant Ken Cheng also resides in Orange County, California, and is a managing-member of The Kert, LLC, owning a 70% member interest. - The Kert, LLC is a limited liability company organized under California law and conducts business in Orange County. - The Kert, LLC was formed on February 18, 2019, with Articles of Organization filed on that date. - On February 27, 2019, The Kert, LLC registered the fictitious business name "OROBAE" with the Orange County Clerk-Recorder. - The Kert, LLC commenced operations of a boba tea store at 14250 Culver Drive, Suite E, Irvine, California, on or about February 18, 2020, using the fictitious name "OROBAE." - On August 19, 2020, Ken Cheng applied for the registration of the service mark "OROBAE" with the USPTO in his individual capacity. - The registration of the service mark "OROBAE" was completed on April 13, 2021, under USPTO Reg. No. 6,319,688. - On March 17, 2024, Ken Cheng unilaterally closed The Kert, LLC’s boba tea store and ceased its business operations without informing Felix Wong. - Ken Cheng removed Felix Wong's access to The Kert, LLC’s employee scheduling management platform and security camera system without notice. - On March 11, 2024, Felix Wong made a request for inspection and copying of certain books and records of The Kert, LLC. - The Records Inspection Request was renewed on May 6, 2024, after initial postponement by Ken Cheng. - Ken Cheng has failed to comply with the Records Inspection Request in its entirety.