On January 31, 2017 a
Motion-Secondary
was filed
involving a dispute between
Chiu, Thai Ming,
Liu, Kaman,
Fu, Bryant,
Lei, Crystal,
and
Chiu, Thai Min,
Chiu, Thai Ming,
Does 1-20, Inclusive,
Liu, Kaman,
Yan, Tina,
for civil
in the District Court of San Francisco County.
Preview
1 CHARLIE W. YU (SBN 268233)
ESSENTIAL LAW GROUP
2 548 Market Street, PMB 48752 ELECTRONICALLY
San Francisco, CA 94104-5401 F I L E D
3 Telephone: (415) 349-5180 Superior Court of California,
County of San Francisco
Facsimile: (415) 349-5180
4 08/09/2022
Attorneys for Cross-Defendant Clerk of the Court
5 STELLA CHEN aka HONG XING FU aka HONG XING CHEN BY: EDNALEEN ALEGRE
Deputy Clerk
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF SAN FRANCISCO
9 UNLIMITED CIVIL JURISDICTION
10 BRYANT FU et al., CASE NO. CGC-17-556769
11 Plaintiffs, DECLARATION OF CHARLIE W. YU
IN SUPPORT OF MOTION TO CONTINUE
12 vs. TRIAL OR IN THE ALTERNATIVE TO
BIFURCATE THE CROSS-COMPLAINT
13 TINA YAN et al.,
Date: August 23, 2022
14 Defendants. Time: 9:30 am
Dept.: 206
15
And RELATED CROSS-COMPLAINT Trial: September 28, 2022
16
17
I, Charlie W. Yu, declare as follows:
18
1. I am the attorney for Cross-Defendant STELLA CHEN. I have personal
19
knowledge of the facts stated in this declaration and would testify to them if called to do so.
20
2. Attached as Exhibit A is a true and correct copy of the email exchange in
21
which all parties that have appeared in this action have agreed that the trial of Cross-
22
Complainant THAI MING CHIU’s Cross-Complaint should be bifurcated and continued to a
23
later date.
24 I declare under penalty of perjury under the laws of the state of California that the
25 foregoing is true and correct.
26 Executed on August 9, 2022 at San Francisco, California
27
Charlie Yu
28
CHARLIE W. YU
29 1
DECLARATION OF CHARLIE W. YU IN SUPPORT OF MOTION TO CONTINUE TRIAL OR IN
30 THE ALTERNATIVE TO BIFURCATE THE CROSS-COMPLAINT
CASE NO. CGC-17-556769
31
EXHIBIT A
8/9/22, 8:45 AM essentiallawgroup.com Mail - Fu v. Yan -- CGC-17-556769
Charlie Yu
Fu v. Yan -- CGC-17-556769
Charlie Yu Thu, Jul 21, 2022 at 5:48 PM
To: Leeds Disston
Cc: "Kaplan, Gary (26) x4940"
Agreed. Can we agree to stipulate to bifurcate the cross-complaint and continue the trial on the cross-complaint?
Are we the only parties
that have appeared (us three attorneys)? Do we need anyone else to stipulate? Thanks.
Charlie
Charlie W. Yu, Esq.
Essential Law Group, PC
548 Market Street, PMB 48752
San Francisco, CA 94104
Tel: (415) 349-5180
Fax: (415) 349-5181
On Thu, Jul 21, 2022 at 1:33 PM Leeds Disston wrote:
Bifurcating and continuing the cross-complaint is OK. I’ll ask about Stella.
Leeds
Sent from Mail for Windows
From: Charlie Yu
Sent: Wednesday, July 20, 2022 4:44 PM
To: Kaplan, Gary (26) x4940
Cc: Leeds Disston
Subject: Re: Fu v. Yan -- CGC-17-556769
Leeds -- your thoughts on bifurcating and continuing the Cross-Complaint?I have no opinion regarding consolidating with the Legal
Recovery action.
And seriously, why is Stella Chen even part of these actions?
We aren't making any affirmative claims against anyone.I believe these
lawsuits against Stella Chen rise to the level of malicious prosecution.
Charlie
Charlie W. Yu, Esq.
Essential Law Group, PC
548 Market Street, PMB 48752
San Francisco, CA 94104
Tel: (415) 349-5180
Fax: (415) 349-5181
https://mail.google.com/mail/u/1/?ik=8ff3c02fa1&view=pt&search=all&permmsgid=msg-a%3Ar-6027158065962705234&dsqt=1&simpl=msg-a%3Ar-60… 1/3
8/9/22, 8:45 AM essentiallawgroup.com Mail - Fu v. Yan -- CGC-17-556769
On Wed, Jul 20, 2022 at 1:15 PM Kaplan, Gary (26) x4940 wrote:
Charlie,
As I have informed Leeds:
Inadequate notice of the motion was provided, and we intend to oppose the motion on this and other grounds in the absence
of a consensual resolution.
Plaintiffs are agreeable to the alternative relief proposed by the motion--bifurcation of Chiu’s cross-action, with the currently
scheduled trial date of 9/28/22 for such cross-action taken off-calendar, as long as the currently scheduled trial on Plaintiffs’
action is not altered.
It apparently also makes sense to merge Chiu’s bifurcated cross-complaint with the claim in the Legal Recovery Action, Case
No. CGC-19-579664.
Gary
Gary Kaplan
Partner
Farella Braun + Martel LLP
235 MONTGOMERY STREET, 17TH FLOOR
SAN FRANCISCO / CA 94104
T 415.954.4400
D 415.954.4940
F 415.954.4480
www.fbm.com
Certified Specialist in Bankruptcy Law
by the State Bar of California Board of Legal Specialization
Certified Specialist in Business Bankruptcy
by the American Board of Certification
From: Charlie Yu
Sent: Wednesday, July 20, 2022 1:09 PM
To: Leeds Disston ; Kaplan, Gary (26) x4940
Subject: Fu v. Yan -- CGC-17-556769
External Sender
Leeds & Gary:
Leeds -- I received your motion to continue trial.
I would stipulate to a continuance (if not to the entire action, at least to Chiu's
Cross-Complaint) as we just entered the action, and we haven't done any discovery yet.
However, it appears that you did not
provide 16 court days for the hearing, so I think the motion might get rejected.
Gary -- would you stipulate to a continuance as well?
That way, hopefully, we can just continue it ex parte.
I think the fact that
certain parties (my client) just entered into the lawsuit is good cause to continue the trial date.
https://mail.google.com/mail/u/1/?ik=8ff3c02fa1&view=pt&search=all&permmsgid=msg-a%3Ar-6027158065962705234&dsqt=1&simpl=msg-a%3Ar-60… 2/3
8/9/22, 8:45 AM essentiallawgroup.com Mail - Fu v. Yan -- CGC-17-556769
Please let me know. Thanks.
Best,
Charlie
Charlie W. Yu, Esq.
Essential Law Group, PC
548 Market Street, PMB 48752
San Francisco, CA 94104
Tel: (415) 349-5180
Fax: (415) 349-5181
This email has been scanned for email related threats and delivered safely by Mimecast.
For more information please visit http://www.mimecast.com
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Preview
1 CHARLIE W. YU (SBN 268233) ESSENTIAL LAW GROUP 2 548 Market Street, PMB 48752 ELECTRONICALLY San Francisco, CA 94104-5401 F I L E D 3 Telephone: (415) 349-5180 Superior Court of California, County of San Francisco Facsimile: (415) 349-5180 4 08/09/2022 Attorneys for Cross-Defendant Clerk of the Court 5 STELLA CHEN aka HONG XING FU aka HONG XING CHEN BY: EDNALEEN ALEGRE Deputy Clerk 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN FRANCISCO 9 UNLIMITED CIVIL JURISDICTION 10 BRYANT FU et al., CASE NO. CGC-17-556769 11 Plaintiffs, DECLARATION OF CHARLIE W. YU IN SUPPORT OF MOTION TO CONTINUE 12 vs. TRIAL OR IN THE ALTERNATIVE TO BIFURCATE THE CROSS-COMPLAINT 13 TINA YAN et al., Date: August 23, 2022 14 Defendants. Time: 9:30 am Dept.: 206 15 And RELATED CROSS-COMPLAINT Trial: September 28, 2022 16 17 I, Charlie W. Yu, declare as follows: 18 1. I am the attorney for Cross-Defendant STELLA CHEN. I have personal 19 knowledge of the facts stated in this declaration and would testify to them if called to do so. 20 2. Attached as Exhibit A is a true and correct copy of the email exchange in 21 which all parties that have appeared in this action have agreed that the trial of Cross- 22 Complainant THAI MING CHIU’s Cross-Complaint should be bifurcated and continued to a 23 later date. 24 I declare under penalty of perjury under the laws of the state of California that the 25 foregoing is true and correct. 26 Executed on August 9, 2022 at San Francisco, California 27 Charlie Yu 28 CHARLIE W. YU 29 1 DECLARATION OF CHARLIE W. YU IN SUPPORT OF MOTION TO CONTINUE TRIAL OR IN 30 THE ALTERNATIVE TO BIFURCATE THE CROSS-COMPLAINT CASE NO. CGC-17-556769 31 EXHIBIT A 8/9/22, 8:45 AM essentiallawgroup.com Mail - Fu v. Yan -- CGC-17-556769 Charlie Yu Fu v. Yan -- CGC-17-556769 Charlie Yu Thu, Jul 21, 2022 at 5:48 PM To: Leeds Disston Cc: "Kaplan, Gary (26) x4940" Agreed. Can we agree to stipulate to bifurcate the cross-complaint and continue the trial on the cross-complaint? Are we the only parties that have appeared (us three attorneys)? Do we need anyone else to stipulate? Thanks. Charlie Charlie W. Yu, Esq. Essential Law Group, PC 548 Market Street, PMB 48752 San Francisco, CA 94104 Tel: (415) 349-5180 Fax: (415) 349-5181 On Thu, Jul 21, 2022 at 1:33 PM Leeds Disston wrote: Bifurcating and continuing the cross-complaint is OK. I’ll ask about Stella. Leeds Sent from Mail for Windows From: Charlie Yu Sent: Wednesday, July 20, 2022 4:44 PM To: Kaplan, Gary (26) x4940 Cc: Leeds Disston Subject: Re: Fu v. Yan -- CGC-17-556769 Leeds -- your thoughts on bifurcating and continuing the Cross-Complaint?I have no opinion regarding consolidating with the Legal Recovery action. And seriously, why is Stella Chen even part of these actions? We aren't making any affirmative claims against anyone.I believe these lawsuits against Stella Chen rise to the level of malicious prosecution. Charlie Charlie W. Yu, Esq. Essential Law Group, PC 548 Market Street, PMB 48752 San Francisco, CA 94104 Tel: (415) 349-5180 Fax: (415) 349-5181 https://mail.google.com/mail/u/1/?ik=8ff3c02fa1&view=pt&search=all&permmsgid=msg-a%3Ar-6027158065962705234&dsqt=1&simpl=msg-a%3Ar-60… 1/3 8/9/22, 8:45 AM essentiallawgroup.com Mail - Fu v. Yan -- CGC-17-556769 On Wed, Jul 20, 2022 at 1:15 PM Kaplan, Gary (26) x4940 wrote: Charlie, As I have informed Leeds: Inadequate notice of the motion was provided, and we intend to oppose the motion on this and other grounds in the absence of a consensual resolution. Plaintiffs are agreeable to the alternative relief proposed by the motion--bifurcation of Chiu’s cross-action, with the currently scheduled trial date of 9/28/22 for such cross-action taken off-calendar, as long as the currently scheduled trial on Plaintiffs’ action is not altered. It apparently also makes sense to merge Chiu’s bifurcated cross-complaint with the claim in the Legal Recovery Action, Case No. CGC-19-579664. Gary Gary Kaplan Partner Farella Braun + Martel LLP 235 MONTGOMERY STREET, 17TH FLOOR SAN FRANCISCO / CA 94104 T 415.954.4400 D 415.954.4940 F 415.954.4480 www.fbm.com Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization Certified Specialist in Business Bankruptcy by the American Board of Certification From: Charlie Yu Sent: Wednesday, July 20, 2022 1:09 PM To: Leeds Disston ; Kaplan, Gary (26) x4940 Subject: Fu v. Yan -- CGC-17-556769 External Sender Leeds & Gary: Leeds -- I received your motion to continue trial. I would stipulate to a continuance (if not to the entire action, at least to Chiu's Cross-Complaint) as we just entered the action, and we haven't done any discovery yet. However, it appears that you did not provide 16 court days for the hearing, so I think the motion might get rejected. Gary -- would you stipulate to a continuance as well? That way, hopefully, we can just continue it ex parte. I think the fact that certain parties (my client) just entered into the lawsuit is good cause to continue the trial date. https://mail.google.com/mail/u/1/?ik=8ff3c02fa1&view=pt&search=all&permmsgid=msg-a%3Ar-6027158065962705234&dsqt=1&simpl=msg-a%3Ar-60… 2/3 8/9/22, 8:45 AM essentiallawgroup.com Mail - Fu v. Yan -- CGC-17-556769 Please let me know. Thanks. Best, Charlie Charlie W. Yu, Esq. Essential Law Group, PC 548 Market Street, PMB 48752 San Francisco, CA 94104 Tel: (415) 349-5180 Fax: (415) 349-5181 This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com https://mail.google.com/mail/u/1/?ik=8ff3c02fa1&view=pt&search=all&permmsgid=msg-a%3Ar-6027158065962705234&dsqt=1&simpl=msg-a%3Ar-60… 3/3