Order: TON KIANG RESTAURANT, INC. VS. WILLIAM WONG ET AL

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KIRSCHENBAUM LAW, PC

JEFFREY B. KIRSCHENBAUM (SBN: 152290)
KRISTIN L. WILLIAMS (SBN: 312902)

328 15th Street

Oakland, CA 94612

Telephone: (510) 740-9260

Email: Jeff@Kirschenbaumlaw.com

Attorneys for Plaintiff
TON KIANG RESTAURANT, INC.

File D
San Francisco County Superior Court

SEP 2 #2019

SUPERIOR COURT OF THE STATE OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

TON KIANG RESTAURANT, INC.,
Plaintiff,
v.
WILLIAM WONG, WWJW FAMILY LLC, a

California Limited Liability Company, and
DOES1-10, inclusive,

Defendants.

WWIW FAMILY LLC,
Plaintiff,
Vv.

TON KIANG RESTAURANT, INC., and DOES
1-25,

Defendants.

CASE NO.

[PR

PURPOSES

STIPULATED ORDER TO
SOLIDATE CASES FOR ALL

Hearing Date: October 4, 2019
Hearing Time: 9:30 a.m.
Place: Dept. 501

CASE NO. CUD-19-664262

[PROPOSED] STIPULATED ORDER TO
CONSOLIDATE CASES FOR ALL PURPOSES
Case No. CGC-19-574262 / CUD-19-664262

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This Stipulation is entered by and among plaintiff TON KIANG RESTAURANT, INC. and
defendants WILLIAM WONG and WWJW FAMILY LLC, through their respective counsel;

WHEREAS, the case of Ton Kiang Restaurant, Inc. v. William Wong, et al. (CGC-19-
574262) was commienced on March 4, 2019 seeking quiet title to the real property located at 5821
Geary Street in San Francisco, California (the “Quiet Title Action”); /

WHEREAS, the case of WWJW Family LLC v. Ton Kiang Restaurant, Inc. (CUD-19-
664262) was commenced on March 12, 2019 for unlawful detainer regarding the same real
property (the “Unlawful Detainer Action”);

WHEREAS, on September 9, 2019, Ton Kiang Restaurant, Inc. filed a motion in this Court
to consolidate the Unlawful Detainer Action with the Quiet Title Action;

WHEREAS, counsel for Ton Kiang Restaurant, Inc., William Wong, and WWJW Family
LLC have conferred, and the parties agree that the Unlawful Detainer Action should be
consolidated with the Quiet Title Action for all purposes pursuant to Code of Civil Procedure
section 1048 and California Rules of Court, Rules 3.300 et seg. because the cases (1) 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 determination of the same or substantially
identical questions of law or facts; (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;

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel
for Ton Kiang Restaurant, Inc., William Wong, and WWJW Family LLC, that:

1. The cases of Ton Kiang Restaurant, Inc. v. William Wong, et al. (CGC-19-574262)
and WWJW Family LLC v. Ton Kiang Restaurant, Inc. (CUD-19-664262) are hereby consolidated
for all purposes.

2. The case of WWJW Family LLC v. Ton Kiang Restaurant, Inc. (CUD-19-664262) is
hereby converted into a civil action.

3. This consolidation does not alter or extend any deadlines for any discovery

previously exchanged among the parties in the case of WWJW Family LLC. v. Ton Kiang

[PROPOSED] STIPULATED ORDER TO 2 Printed on Recycled Paper
CONSOLIDATE CASES FOR ALL PURPOSES.
Case No. CGC-19-574262 / CUD-19-66426210
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Restaurant, Inc. (CUD-19-664262) and Ton Kiang Restaurant Inc:’s responses to WWJW Family
LLC’s written discovery continues to be due on September 26, 2019 as previously agreed upon.

4, WWJW Family LLC and William Wong are hereby granted leave to amend their
complaint in WWJW Family LLC v. Ton Kiang Restaurant, Inc. (CUD-19-664262).

5. In the event the Court requires WWIJW Family LLC and William Wong to file a
Motion for Leave to Amend. its Complaint, Ton Kiang Restaurant Inc. agrees it shall not oppose
any‘such motion. /

6. The Mandatory Settlement Conference and Jury Trial in the case of WWJW Family
LIC y. Ton Kiang Restaurant, Inc. (CUD-19-664262), currently set for September 30, 2019, is
hereby vacated and shall be removed from the UD Trial Calendar.

7. Ton Kiang, Inc. shall pay into an escrow account ata financial institution as agreed
upon by the parties, the sum of $10,000 per month so long as Ton Kiang; Inc. remains in
possession of the property located at 5821 Geary Street in San Francisco, California pending the
termination of this consolidated action. This stipulation shall not supersede any subsequent jury.
verdict or judicial determination in this consolidated action. The sum of $10,000. per month is not
an indication of rental value and WWJW Family, LLC’s and William Wong’s claims for damages
shall not be limited or capped in any way by signing this stipulation.

8. This stipulation shall not be admissible at the time of trial.

DATED: September 26, 2019 KIRSCHENBAUM LAW, PC

FO Many

” Ckeistin L. Williams
Attomeys for Plaintiff
TON KIANG RESTAURANT, INC.

[PROPOSED] STIPULATED ORDER TO. 3 Printed‘on Recycled Paper
CONSOLIDATE CASES FOR ALL PURPOSES
Case No. CGC-19-574262 / CUD-19-664262_

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DATED: September 26, 2019 LAW OFFICE OF RYAN MAU, PC

PRG

Gd Ryan K/J. Mau
meys for Defend: [ts WILLIAM WONG and
WIW F, LC

POSED] ORDER

The above Stipulation having been considered and good cause appearing therefore,

“ee =TD

DATED: September 26 2019
RONALD E. QUIDACHAY

JUDGE OF THE SUPERIOR COURT OF SAN
FRANCISCO.

[PROPOSED] STIPULATED ORDER. TO 4 Printed on Recycled Paper

CONSOLIDATE CASES FOR ALL PURPOSES
Case No. CGC-19-574262 / CUD-19-664262