Preview
KIRSCHENBAUM LAW, PC
JEFFREY B. KIRSCHENBAUM (SBN: 152290)
RAYMOND E. LOUGHREY (SBN: 194363) ELECTRONICALLY
328 15'" Street
Oakland, CA 94612 F I L E D
Superior Court of California,
Telephone (510) 740-9260 County of San Francisco
Attorneys for Plaintiff 09/09/2019
TON KIANG RESTAURANT, INC. Clerk of the Court
BY: BOWMAN LIU
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 CITY AND COUNTY OF SAN FRANCISCO
12 TON KIANG RESTAURANT, INC., CASE NO. CGC-19-574262
13 Plaintiff,
14 V.
PLAINTIFF'S NOTICE OF MOTION
15 WILLIAM WONG, WWJW FAMILY LLC, a AND MOTION TO CONSOLIDATE OR
California Limited Liability Company, and STAY CASES
16 DOES1-10, inclusive,
17
Hearing Date: October 4, 2019
Defendants. Hearing Time: 9:30 a.m.
18 Place: Dept. 501
20 WWJW FAMILY LLC, CASE NO. CUD-19-664262
21 Plaintiff,
22
23 TON KIANG RESTAURANT, INC., and DOES
1-25,
24
Defendants.
25
27
PLAItVTIFF'S NOTICE OF MOTION AND MOTION TO I Printed on Recycled Paper
CONSOLIDATE OR STAY CASES
Case No. CGC-19-674262 i CUD-19-664262
I TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT on October 4, 2019 at 9:30 a.m., or as soon thereafter as
the matter may be heard in Department 501 of the above-entitled Court, located at 400 McAllister
Street, San Francisco, California 94102, plaintiff Ton Kiang Restaurant, Inc. will and hereby does
move this Court for an order consolidating San Francisco Superior Court Case No. CGC-19-
574262 with San Francisco Superior Court Case No. CUD-19-664262 pursuant to California Code
of Civil Procedure $ 1048 and California Rules of Court, Rules 3.300 et seq. on the grounds that
both actions (I) involve the same parties and are based on the same or similar claims; (2) arise
from the same or substantially identical transactions, incidents, or events requiring the
10 determination of the same or substantially identical questions of law or fact; (3) involve claims
against, title to, possession of, or damages to the same property; and (4) are likely to require
substantial duplication of judicial resources if heard by different judges. In the alternative, if the
13 Court is not inclined to grant consolidation, plaintiff Ton Kiang Restaurant, Inc. will and hereby
14 does move this Court for an order staying San Francisco Superior Court Case No. CUD-19-664262
15 pending resolution of San Francisco Superior Court Case No. CGC-19-574262 pursuant to the
16 holding of Martin-Bragg v. Moore (2013) 219 Cal.App.4'" 367.
17 In compliance with California Rules of Court, Rule 3.350(a), plaintiff Ton Kiang
18 Restaurant, Inc. makes the following disclosures:
Ton Kiung Restaurant, Ine. v. 8'igiam 8'ong and PVFJIF Fumily LLF (San Francisco
20 Superior Court Case No. CGC-19-574262):
21 Counsel for plaintiff Ton Kiang Restaurant, Inc. are Jeffrey B. Kirschenbaum, Esq.
22 and Raymond E. Loughrey, Esq. of Kirschenbaum Law, PC.
23 Counsel for defendants William Wong and WWJW Family LLP is Ryan K. J. Mau,
24 Esq. of the Law Office of Ryan Mau, PC.
25 WIFJIV Family LLC v. Ton Kiang Restaurant, Inc. (San Francisco Superior Court
Case No. CUD-19-664262):
27 ~ Counsel for plaintiff WWJW Family LLC is Ryan K. J. Mau, Esq. of the Law
Office of Ryan Mau, PC.
PLAINTIFF'S NOTICE OF MOTION AND MOTION TO 2 Printed on Recycled Paper
CONSOLIDATE OR STAY CASES
Case No. CGC-19-674262 / CUD-19-664262
Counsel for defendant Ton Kiang Restaurant, Inc. are Jeffrey B. Kirschenbaum,
Esq. and Raymond E. Loughrey, Esq. of Kirschenbaum Law, PC.
This motion to consolidate or, in the alternative, to stay San Francisco Superior Court Case
No. CUD-19-664262 is made based on this Notice of Motion and Motion, the Memorandum of
Points and Authorities filed and served herewith, the Declaration of Jeffrey B. Kirschenbaum, and
upon all papers and documents presently in the Court's file, and upon such other oral and
documentary evidence as may be presented at the time of hearing on plaintiff s motion.
DATED: September 9, 2019 KIRSCHENBAUM LAW, PC
10
By.
12
Attorney for Plaintiff
13 TON KIANG RESTAURANT, INC.
14
15
17
18
20
21
22
23
24
25
26
28
PLAINTIFF'S NOTICE OF MOTION AND MOTION TO 3 Printed on Recycled Paper
CONSOLIDATE OR STAY CASES
Case No. CGC-19-574262 / CUD-19-664262
Preview
KIRSCHENBAUM LAW, PC JEFFREY B. KIRSCHENBAUM (SBN: 152290) RAYMOND E. LOUGHREY (SBN: 194363) ELECTRONICALLY 328 15'" Street Oakland, CA 94612 F I L E D Superior Court of California, Telephone (510) 740-9260 County of San Francisco Attorneys for Plaintiff 09/09/2019 TON KIANG RESTAURANT, INC. Clerk of the Court BY: BOWMAN LIU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 CITY AND COUNTY OF SAN FRANCISCO 12 TON KIANG RESTAURANT, INC., CASE NO. CGC-19-574262 13 Plaintiff, 14 V. PLAINTIFF'S NOTICE OF MOTION 15 WILLIAM WONG, WWJW FAMILY LLC, a AND MOTION TO CONSOLIDATE OR California Limited Liability Company, and STAY CASES 16 DOES1-10, inclusive, 17 Hearing Date: October 4, 2019 Defendants. Hearing Time: 9:30 a.m. 18 Place: Dept. 501 20 WWJW FAMILY LLC, CASE NO. CUD-19-664262 21 Plaintiff, 22 23 TON KIANG RESTAURANT, INC., and DOES 1-25, 24 Defendants. 25 27 PLAItVTIFF'S NOTICE OF MOTION AND MOTION TO I Printed on Recycled Paper CONSOLIDATE OR STAY CASES Case No. CGC-19-674262 i CUD-19-664262 I TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on October 4, 2019 at 9:30 a.m., or as soon thereafter as the matter may be heard in Department 501 of the above-entitled Court, located at 400 McAllister Street, San Francisco, California 94102, plaintiff Ton Kiang Restaurant, Inc. will and hereby does move this Court for an order consolidating San Francisco Superior Court Case No. CGC-19- 574262 with San Francisco Superior Court Case No. CUD-19-664262 pursuant to California Code of Civil Procedure $ 1048 and California Rules of Court, Rules 3.300 et seq. on the grounds that both actions (I) involve the same parties and are based on the same or similar claims; (2) arise from the same or substantially identical transactions, incidents, or events requiring the 10 determination of the same or substantially identical questions of law or fact; (3) involve claims against, title to, possession of, or damages to the same property; and (4) are likely to require substantial duplication of judicial resources if heard by different judges. In the alternative, if the 13 Court is not inclined to grant consolidation, plaintiff Ton Kiang Restaurant, Inc. will and hereby 14 does move this Court for an order staying San Francisco Superior Court Case No. CUD-19-664262 15 pending resolution of San Francisco Superior Court Case No. CGC-19-574262 pursuant to the 16 holding of Martin-Bragg v. Moore (2013) 219 Cal.App.4'" 367. 17 In compliance with California Rules of Court, Rule 3.350(a), plaintiff Ton Kiang 18 Restaurant, Inc. makes the following disclosures: Ton Kiung Restaurant, Ine. v. 8'igiam 8'ong and PVFJIF Fumily LLF (San Francisco 20 Superior Court Case No. CGC-19-574262): 21 Counsel for plaintiff Ton Kiang Restaurant, Inc. are Jeffrey B. Kirschenbaum, Esq. 22 and Raymond E. Loughrey, Esq. of Kirschenbaum Law, PC. 23 Counsel for defendants William Wong and WWJW Family LLP is Ryan K. J. Mau, 24 Esq. of the Law Office of Ryan Mau, PC. 25 WIFJIV Family LLC v. Ton Kiang Restaurant, Inc. (San Francisco Superior Court Case No. CUD-19-664262): 27 ~ Counsel for plaintiff WWJW Family LLC is Ryan K. J. Mau, Esq. of the Law Office of Ryan Mau, PC. PLAINTIFF'S NOTICE OF MOTION AND MOTION TO 2 Printed on Recycled Paper CONSOLIDATE OR STAY CASES Case No. CGC-19-674262 / CUD-19-664262 Counsel for defendant Ton Kiang Restaurant, Inc. are Jeffrey B. Kirschenbaum, Esq. and Raymond E. Loughrey, Esq. of Kirschenbaum Law, PC. This motion to consolidate or, in the alternative, to stay San Francisco Superior Court Case No. CUD-19-664262 is made based on this Notice of Motion and Motion, the Memorandum of Points and Authorities filed and served herewith, the Declaration of Jeffrey B. Kirschenbaum, and upon all papers and documents presently in the Court's file, and upon such other oral and documentary evidence as may be presented at the time of hearing on plaintiff s motion. DATED: September 9, 2019 KIRSCHENBAUM LAW, PC 10 By. 12 Attorney for Plaintiff 13 TON KIANG RESTAURANT, INC. 14 15 17 18 20 21 22 23 24 25 26 28 PLAINTIFF'S NOTICE OF MOTION AND MOTION TO 3 Printed on Recycled Paper CONSOLIDATE OR STAY CASES Case No. CGC-19-574262 / CUD-19-664262