On April 16, 2019 a
Application - APPLICATION FOR AN ORDER EXTENDING THE TIME TO SERVE COMPLAINT
was filed
involving a dispute between
Uemura Corporation,
and
Aero Precision,
Core Corporation Co. Ltd,
Does 1 To 100 Inclusive,
Farrar Aerospace Llc,
Miyano Tomoyuki,
for Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)
in the District Court of Los Angeles County.
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 06/17/2019 04:33 PM Sherri R. Carter, Executive Officer/Clerk of Court, by T. Rhodes,Deputy Clerk
DAMIANM. MOOS, Bar No. 240030
damian.moos@bbklaw.corn
KANDICE L. KIM, Bar No. 295227
kandice.kimbbklaw.corn
BEST BEST & KRIEGER LLP
18101 Von Kannan Avenue, Suite 1000
Irvine, California 92612
Telephone: (949) 263-2600
Facsimile: (949) 260-0972
Attorneys for Plaintiff
UEMURA CORPORATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
10
UEMURA CORPORATION, Case No. 19TRCV00361
11 Judge: Hon. Ramona G. See
Plaintiff,
12 APPLICATIONFOR AN ORDER
EXTENDING THE TIME TO SERVE
13 COMPLAINT; DECLARATIONOF
TOMOYUKIMIYANO;CORE KANDICEL. KIMTHEREON
14 CORPORATION CO., LTD. and DOES I
- 50, Inclusive, /Filed concurrently with [Proposedj'rder J
15
Defendants.
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55637. 00001132127663.
I
APPLICATIONFOR AN ORDER EXTENDING TIME TO SERVE COMPLAINT
Pursuant to California Rules of Court, Rule 3.110(e), PlaintiffUemura Corporation
("Plaintiff') respectfully requests an order from the Court extending the time to serve the
pleadings in this case on Defendants Tomoyuki Miyano and Core Corporation Co., Ltd., and
continuing the Order to Show Cause hearing currently scheduled for Thursday, June 20, 2019 at
8:30 a.m. in Department M of the above-entitled Court.
On April 16, 2019, Plaintiff filed its Complaint in this proceeding against Defendants
Tomoyuki Miyano ("Miyano") and Core Corporation Co., Ltd. ("Core Corp.") (collectively,
"Defendants" ).
Because Defendant Miyano is a Japanese resident, and Defendant Core Corp. is a
C>
IU
10 Japanese company with its principal place of business in Japan, service of process on Defendants
Cl
U.
UJ
Lw must conform to the requirements and procedures set forth in the Convention on the Service
-JIJJ U>
N
IL Z
+Uj UI ("Hague
pgp< 12 Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Service
UI ZZ
UJ —UJ IU
PU
oz)p
z"<~ 13 Convention" ). (Declaration of Kandice L. Kim ["KimDecl."] $ 3.) Specifically, pursuant to the
IU
R
I-«p
III p Z
m>— 15 Japanese residents may only be effected by the Japanese Ministry of Foreign Affairs ("Japanese
16 Ministry"). The Japanese Ministry requires several documents in order to serve process on
17 Japanese residents, including a "Request for Service Abroad of Judicial or Extrajudicial
18 Documents" form; the Summons, Complaint, and other judicial documents to be served on the
19 Japanese residents; and Japanese translations of all of the judicial documents.
20 4. On April 22, 2019, I contacted a translation services company, Communicaid, Inc.
21 ("Communicaid") requesting a certified Japanese translation of the documents required by the
22 Japanese Ministry for service on Defendants in Japan.
23 5. Communicaid provided my office with certified Japanese translations of all of the
24 documents required for service on Defendants on a rolling basis, and completed the translations
25 on May 13, 2019.
26 6. On May 28, 2019, I overnighted the Japanese uanslations, along with the other
27 documents required by the Japanese Ministry, to Uemura's local attorneys in Japan order for the
28 documents to be submitted directly to the Japanese Ministry. I have been informed that the
55637.0000 n32127663.1 -4-
DECLARATIONOF KANDICE L. KIM
Japanese Minisny has confirmed that service on Defendants is currently in process. Once the
Japanese Ministry completes service on Defendants, I understand that a notice of completed
service will be provided by the Japanese Ministry to the counsel of record for Plaintiff, and
Plaintiffwill then file proofs of service with the Court.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 17th day of June, 2019, in Irvine, California.
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I 6637.0000102127663.1
DECLARATIONOF KANDICE L. KIM
Document Filed Date
June 17, 2019
Case Filing Date
April 16, 2019
Category
Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)
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Electronically FILED by Superior Court of California, County of Los Angeles on 06/17/2019 04:33 PM Sherri R. Carter, Executive Officer/Clerk of Court, by T. Rhodes,Deputy Clerk DAMIANM. MOOS, Bar No. 240030 damian.moos@bbklaw.corn KANDICE L. KIM, Bar No. 295227 kandice.kimbbklaw.corn BEST BEST & KRIEGER LLP 18101 Von Kannan Avenue, Suite 1000 Irvine, California 92612 Telephone: (949) 263-2600 Facsimile: (949) 260-0972 Attorneys for Plaintiff UEMURA CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES 10 UEMURA CORPORATION, Case No. 19TRCV00361 11 Judge: Hon. Ramona G. See Plaintiff, 12 APPLICATIONFOR AN ORDER EXTENDING THE TIME TO SERVE 13 COMPLAINT; DECLARATIONOF TOMOYUKIMIYANO;CORE KANDICEL. KIMTHEREON 14 CORPORATION CO., LTD. and DOES I - 50, Inclusive, /Filed concurrently with [Proposedj'rder J 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 55637. 00001132127663. I APPLICATIONFOR AN ORDER EXTENDING TIME TO SERVE COMPLAINT Pursuant to California Rules of Court, Rule 3.110(e), PlaintiffUemura Corporation ("Plaintiff') respectfully requests an order from the Court extending the time to serve the pleadings in this case on Defendants Tomoyuki Miyano and Core Corporation Co., Ltd., and continuing the Order to Show Cause hearing currently scheduled for Thursday, June 20, 2019 at 8:30 a.m. in Department M of the above-entitled Court. On April 16, 2019, Plaintiff filed its Complaint in this proceeding against Defendants Tomoyuki Miyano ("Miyano") and Core Corporation Co., Ltd. ("Core Corp.") (collectively, "Defendants" ). Because Defendant Miyano is a Japanese resident, and Defendant Core Corp. is a C> IU 10 Japanese company with its principal place of business in Japan, service of process on Defendants Cl U. UJ Lw must conform to the requirements and procedures set forth in the Convention on the Service -JIJJ U> N IL Z +Uj UI ("Hague pgp< 12 Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Service UI ZZ UJ —UJ IU PU oz)p z"<~ 13 Convention" ). (Declaration of Kandice L. Kim ["KimDecl."] $ 3.) Specifically, pursuant to the IU R I-«p III p Z m>— 15 Japanese residents may only be effected by the Japanese Ministry of Foreign Affairs ("Japanese 16 Ministry"). The Japanese Ministry requires several documents in order to serve process on 17 Japanese residents, including a "Request for Service Abroad of Judicial or Extrajudicial 18 Documents" form; the Summons, Complaint, and other judicial documents to be served on the 19 Japanese residents; and Japanese translations of all of the judicial documents. 20 4. On April 22, 2019, I contacted a translation services company, Communicaid, Inc. 21 ("Communicaid") requesting a certified Japanese translation of the documents required by the 22 Japanese Ministry for service on Defendants in Japan. 23 5. Communicaid provided my office with certified Japanese translations of all of the 24 documents required for service on Defendants on a rolling basis, and completed the translations 25 on May 13, 2019. 26 6. On May 28, 2019, I overnighted the Japanese uanslations, along with the other 27 documents required by the Japanese Ministry, to Uemura's local attorneys in Japan order for the 28 documents to be submitted directly to the Japanese Ministry. I have been informed that the 55637.0000 n32127663.1 -4- DECLARATIONOF KANDICE L. KIM Japanese Minisny has confirmed that service on Defendants is currently in process. Once the Japanese Ministry completes service on Defendants, I understand that a notice of completed service will be provided by the Japanese Ministry to the counsel of record for Plaintiff, and Plaintiffwill then file proofs of service with the Court. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 17th day of June, 2019, in Irvine, California. CI CI 10 Kandice L. Kim CI EU C.L~ 4 IC IC II 0 0czI III c> 0 cc 12 o<)" — Y CO 13 Ic CI Z ~ 0 I- < N III $ IC 14 ICZ) III 0g 15 17 18 19 20 21 22 23 24 25 26 27 28 I 6637.0000102127663.1 DECLARATIONOF KANDICE L. KIM