On December 08, 2016 a
Hearing
was filed
involving a dispute between
Angelique Rochelle As Guardian Ad Litem Of,
Rochelle, Angelique,
Rochelle, Baz,
and
Deng, May,
Deng, Trevor,
Does 1 To 10,
Tan, Yu Tao,
Tan, Yu Yao,
for civil
in the District Court of San Francisco County.
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EDWARD J. RODZEWICH, ESQ. — State Bar No. 159466
HARTSUYKER, STRATMAN & WILLIAMS-ABREGO
Mailing Address
P.O. Box 258829
Oklahoma City, OK 73125-8829
Physical Address
505 14th Street, Suite 400
Oakland, CA 94612-1913
Phone: (510) 457-3440
Fax: (510) 238-8968
Attorney for Defendants,
TREVOR DENG AND MAY DENG
ELECTRONICALLY
FILED
Superior Court of Catifornia,
County of San Francisco
07/28/2017
Clerk of the Court
BY: ANNA TORRES
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
ANGELIQUE ROCHELLE, individually and as
Guardian ad litem of ELLA LAWTON and
LEONA PASLAY and BAZ ROCHELLE,
individually,
Plaintiffs,
VS,
TREVOR DENG, MAY DENG, YU TAO TAN
and DOES 1 to 10, ,
Defendants,
Case No.: CGC-16-555761
UNLIMITED JURISDICTION
Notice of Defendants’ Motion for Summary
Judgment
Date: October 12, 2017
Time: 9:30am
Dept: 501
Complaint filed: December 8, 2016
Trial date: November 13, 2017
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on October 12, 2017, at 9:30 a.m., in Department 501 of the
above-entitled Court, located at 400 McAllister Street in San Francisco, California, Defendants
TREVOR DENG and MAY DENG (“Defendants”) will and hereby do move for summary judgment of
the entire action pursuant to Code. Civ. Proc. §437c (a)(1).
The defendants are asking that the motion apply to all defendants, including Defendant YU TAO
TAN.
NOTICE OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT - 1This motion is brought on the grounds that Plaintiffs’ entire First Amended Complaint is barred
by the one-year statute of limitations under Code of Civil Procedure §340(a). In addition, Plaintiffs
cannot establish a triable issue of material fact on any of the causes of action in the First Amended
Complaint, which all arise out of Plaintiffs’ wrongful eviction claims. Defendants did not wrongfully
evict the Plaintiffs, and Plaintiffs voluntarily agreed to vacate the premises in exchange for a $25,000
payment from Defendants. Furthermore, the plaintiff's claim of rescission must fail as matter of law.
This motion is based on Defendant’s attached Memorandum of Points and Authorities; the
Separate Statement of Undisputed Material Facts; the Declaration of Edward Rodzewich, Esq., with
accompanying exhibits; the Declaration of Trevor Deng, with accompanying exhibits, the First
Amended Complaint, which is the operative pleading, the Answer; all records, pleadings, and files in
this action; and upon such further evidence or legal arguments as may be presented with Defendants’
reply or at the hearing of this motion.
Dated: 7 | 74 | 7 HARTSUYKER, STRATMAN w WILLIAMS-
ot ABREGO
By:
ZL :
Edward’J. Rodzewich, Esq.
Attorneys for Defendants TREVOR DENG
and MAY DENG
NOTICE OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT - 2
Document Filed Date
July 28, 2017
Case Filing Date
December 08, 2016
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EDWARD J. RODZEWICH, ESQ. — State Bar No. 159466 HARTSUYKER, STRATMAN & WILLIAMS-ABREGO Mailing Address P.O. Box 258829 Oklahoma City, OK 73125-8829 Physical Address 505 14th Street, Suite 400 Oakland, CA 94612-1913 Phone: (510) 457-3440 Fax: (510) 238-8968 Attorney for Defendants, TREVOR DENG AND MAY DENG ELECTRONICALLY FILED Superior Court of Catifornia, County of San Francisco 07/28/2017 Clerk of the Court BY: ANNA TORRES Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ANGELIQUE ROCHELLE, individually and as Guardian ad litem of ELLA LAWTON and LEONA PASLAY and BAZ ROCHELLE, individually, Plaintiffs, VS, TREVOR DENG, MAY DENG, YU TAO TAN and DOES 1 to 10, , Defendants, Case No.: CGC-16-555761 UNLIMITED JURISDICTION Notice of Defendants’ Motion for Summary Judgment Date: October 12, 2017 Time: 9:30am Dept: 501 Complaint filed: December 8, 2016 Trial date: November 13, 2017 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on October 12, 2017, at 9:30 a.m., in Department 501 of the above-entitled Court, located at 400 McAllister Street in San Francisco, California, Defendants TREVOR DENG and MAY DENG (“Defendants”) will and hereby do move for summary judgment of the entire action pursuant to Code. Civ. Proc. §437c (a)(1). The defendants are asking that the motion apply to all defendants, including Defendant YU TAO TAN. NOTICE OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT - 1This motion is brought on the grounds that Plaintiffs’ entire First Amended Complaint is barred by the one-year statute of limitations under Code of Civil Procedure §340(a). In addition, Plaintiffs cannot establish a triable issue of material fact on any of the causes of action in the First Amended Complaint, which all arise out of Plaintiffs’ wrongful eviction claims. Defendants did not wrongfully evict the Plaintiffs, and Plaintiffs voluntarily agreed to vacate the premises in exchange for a $25,000 payment from Defendants. Furthermore, the plaintiff's claim of rescission must fail as matter of law. This motion is based on Defendant’s attached Memorandum of Points and Authorities; the Separate Statement of Undisputed Material Facts; the Declaration of Edward Rodzewich, Esq., with accompanying exhibits; the Declaration of Trevor Deng, with accompanying exhibits, the First Amended Complaint, which is the operative pleading, the Answer; all records, pleadings, and files in this action; and upon such further evidence or legal arguments as may be presented with Defendants’ reply or at the hearing of this motion. Dated: 7 | 74 | 7 HARTSUYKER, STRATMAN w WILLIAMS- ot ABREGO By: ZL : Edward’J. Rodzewich, Esq. Attorneys for Defendants TREVOR DENG and MAY DENG NOTICE OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT - 2