Preview
170V310601
Santa Clara — Civil
EFS-20agon
JATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO.
NAME: Ryan P. Harley, Esq./Truman Phan-Quang, Esq. (SBN 245059/SBN 251284)
FinMNAME: COLLINS + COLLINS LLP
STREET ADDRESS: 2175 N California Boulevard, Suite 835
city: Walnut Creek state: CA ZIP. CODE: 94596
TELEPHONE No: (510) 844-5100 FAXNO: (510) 844-5101
EMAIL ADDRESS: tphan-quang@ccllp.law
ATTORNEY FOR (name): WEC AND ASSOCIATES, INC.
FOR COURT USE ONLY
lon 10/27/2022 9:12 AM
Reviewed By: R. Aragon
(Case #17CV310601
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS: 191 N. First Street
cITy AND zip cope: San Jose CA 95113
BRANCH NAME: Downtown Superior Court
Envelope: 10325793
CASE NUMBER.
PLAINTIFF/PETITIONER: Yougin Cao and Xinrong Jiang
DEFENDANT/RESPONDENT: California Home Builders & Design, Inc., et al.
OTHER:
17CV310601
JUDICIAL OFFICER:
Hon. Socrates P. Manoukian
PROPOSED ORDER (COVER SHEET)
DEPT:
20
order in PDF format are filed.
NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent
electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed
order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed
1. Name of the party submitting the proposed order:
WEC AND ASSOCIATES, INC. (erroneously sued and served as WEC ASSOCIATES, INC.)
2. Title of the proposed order:
[PROPOSED] ORDER GRANTING EX PARTE APP FOR AN ORDER SHORTENING TIME RE: WEC’S MOTION FOR GFS.
3. The proceeding to which the proposed order relates is:
a. Description of proceeding: Ex Parte Hearing
b. Date and time: 10/27/22 10:00 AM
c. Place: Santa Clara County Superior Court
191 N. First Street
San Jose CA 95113
Dept. 20
4. The proposed order was served on the other parties in the case.
Truman Phan-Quang, Esq. >
(TYPE OR PRINT NAME)
PHAN-QUANG
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of Califomia
EFS-020 [Rev. February 1, 2017] (Electronic Filing)
PROPOSED ORDER (COVER SHEET)
Cal. Rules of Court,
rules 2.252, 3.1312
www.courts.ca.govEFS-020
CASE NAME: CASE NUMBER:
17CV310601 17CV310601
PROOF OF ELECTRONIC SERVICE
PROPOSED ORDER
1. lam at least 18 years old and not a party to this action.
a. My residence or business address is (specify):
b. My electronic service address is (specify):
2. |electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in
an editable word-processing format as follows:
a. On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.):
b. To (electronic service address of person served):
c. On (date):
[_] Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the
proposed order in an editable word-processing format on additional persons are described in an attachment.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
EFS.020 (Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2 of 2
(Electronic Filing)Cc ety Dn ke Ww Ye
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COLLINS + COLLINS.
Phone (510) 844-5100
Fax (510) 848-5101
Ryan P. Harley, Esq. (SBN 245059)
Truman Phan-Quang, Esq. (SBN 251284)
COLLINS + COLLINS LLP
2175 N California Boulevard, Suite 835
Walnut Creek, CA 94596
(510) 844-5100 — FAX (510) 844-5101
Email: rharley@ccllp.law
Email: tphan-quang@ccllp.law
Attorneys for Defendant/Cross-Complainant/Cross-Defendant
WEC AND ASSOCIATES, INC.
(erroneously sued and served as WEC ASSOCIATES, INC.)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
AND RELATED CROSS-ACTIONS
YOUQIN CAO, an Individual, and ) CASE NO. 17CV310601
XINRONG JIANG, an Individual, ) [Assigned to the Hon. Socrates P. Manoukian,
) Dept. 20]
Plaintiffs, )
) [PROPOSED] ORDER GRANTING EX PARTE)
vs. ) APPLICATION FOR AN ORDER
) SHORTENING TIME RE: WEC’S MOTION
CALIFORNIA HOME BUILDERS & ) FOR DETERMINATION OF GOOD FAITH
DESIGN, INC. dba CALIFORNIA HOMES _) SETTLEMENT AND TRIAL CONTINUANCE
& DESIGNS, INC., a California Corporation; )
CALIFORNIA HOMES AND KITCHEN )
DESIGN CENTER, INC., a California ) DATE: 10/27/22
Corporation; WEC ASSOCIATES, INC.,a ) TIME: 1:30 PM
California Corporation; and DOES 2 through ) DEPT: 20
100, )
) Complaint Filed: 5/19/17
Defendants. ) FAC Filed: 8/15/17
) Trial Date: 10/31/22
)
)
Good cause appearing, it is the order of this court that the time for service of the motion for
determination of good faith settlement is shortened and that trial is continued as follows:
The Motion for Determination of Good Faith Settlement shall be heard on November 7, 2022
or alternatively at 9:30 a.m. in Department 20.
20705
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[PROPOSED] ORDERCc ety Dn ke Ww Ye
NR Be eB Be Be eB eB ee ee
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COLLINS +COLLINS..
ZI7BN California Boulevard
Suite 83
Walnut Creek, CA 94596,
Phone (510) 844-5100
Fax (510) 848-5101
All moving papers shall be filed with the Court and electronically served on all opposing
counsel no later than October 28, 2022 or alternatively
All opposing papers shall be filed and electronically served no later than November 3, 2022
or alternatively
All reply papers are waived.
Trial shall be continued to November 14, 2022 or alternatively
All pre-trial filings pursuant to Local Rule 9D shall be filed no later than November 11, 2022
or alternatively
IT IS SO ORDERED.
HM eunddien
Dated: , 2022
20705
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[PROPOSED] ORDERcen DA nH RB WB DN
NR Be eB Be Be eB eB ee ee
Se cen AS SS SS
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COLLINS +COLLINS..
ZI7BN California Boulevard
Suite 83
Walnut Creek, CA 94596,
Phone (510) 844-5100
Fax (510) 848-5101
PROOF OF SERVICE
(CCP §§ 1013(a) and 2015.5; FRCP 5)
State of California, )
ss.
County of Los Angeles. )
Lam employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business a
is 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101.
On this date, I served the foregoing document described as [PROPOSED] ORDER GRANTING EX P:
APPLICATION FOR AN ORDER SHORTENING TIME RE: WEC’S MOTION FOR DETERMINATION OF GOOD F
SETTLEMENT AND TRIAL CONTINUANCE on the interested parties in this action by placing same in a sealed envelope, add
as follows:
SEE ATTACHED SERVICE LIST
C1 GY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pas
California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s prac
collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service «
same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on mo
the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of c
for mailing in affidavit.
BY CERTIFIED MAIL) ~ I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Retum R
Requested to be placed in the United States Mail in Pasadena, California.
(1 FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive doce
with delivery fees provided for.
= (BY ELECTRONIC FILING AND/OR SERVICE) - | served a true copy, with all exhibits, electronically on designated rec
listed on the attached service list.
(ELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) — By prior consent or request or as required by rules of
(Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)).
(BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
Executed on October 27, 2022 at Pasadena, California.
(STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
o FEDERAL) - | declare that I am employed in the office of amember offthe bar of this court at whose direction the service was
ies
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1} 1\]
VAN
KellyForse Vv \
Kfotst@cellp.law
20705
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[PROPOSED] ORDERCc ety Dn ke Ww Ye
NR Be eB Be Be eB eB ee ee
Se cen AS SS SS
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COLLINS +COLLINS..
ZI7BN California Boulevard
Suite 83
Walnut Creek, CA 94596,
Phone (510) 844-5100
Fax (510) 848-5101
YOUQIN CAO and XINRONG JIANG v. CALIFORNIA HOME BUILDERS & DESIGN, INC, et al.
SANTA CLARA COUNTY SUPERIOR COURT CASE NO. 17CV310601
Jeffrey H. Belote, Esq.
CLARK HILL LLP
505 Montgomery Street, 13th Floor
San Francisco, CA 94111
(415) 984-8500 - Fax: (415) 984-8599
jbelote@clarkhill.com
lybrown@clarkhill.com
ATTORNEYS FOR
PLAINTIFFS/CROSSDEFENDANTS
YOUQIN CAO and XINRONG JIANG
20705
CCLLP FILE NO. 20705
SERVICE LIST
Joe Cirone, Esq.
Jack D. Lynch, Esq.
BUSTAMANTE & GAGLIASSO, APC
1570 The Alameda, Suite 310
San Jose, CA 95126
jcirone@boglawyers.com
ilynch@boglawvers.com
(408) 977-1911 — Fax: (408) 977-0746
ASSOCIATED COUNSEL FOR CALIFORNIA
HOMES AND KITCHEN DESIGN CENTER, INC.,
and CALIFORNIA HOME BUILDERS & DESIGN,
INC.
4
[PROPOSED] ORDER
Preview
170V310601 Santa Clara — Civil EFS-20agon JATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO. NAME: Ryan P. Harley, Esq./Truman Phan-Quang, Esq. (SBN 245059/SBN 251284) FinMNAME: COLLINS + COLLINS LLP STREET ADDRESS: 2175 N California Boulevard, Suite 835 city: Walnut Creek state: CA ZIP. CODE: 94596 TELEPHONE No: (510) 844-5100 FAXNO: (510) 844-5101 EMAIL ADDRESS: tphan-quang@ccllp.law ATTORNEY FOR (name): WEC AND ASSOCIATES, INC. FOR COURT USE ONLY lon 10/27/2022 9:12 AM Reviewed By: R. Aragon (Case #17CV310601 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street cITy AND zip cope: San Jose CA 95113 BRANCH NAME: Downtown Superior Court Envelope: 10325793 CASE NUMBER. PLAINTIFF/PETITIONER: Yougin Cao and Xinrong Jiang DEFENDANT/RESPONDENT: California Home Builders & Design, Inc., et al. OTHER: 17CV310601 JUDICIAL OFFICER: Hon. Socrates P. Manoukian PROPOSED ORDER (COVER SHEET) DEPT: 20 order in PDF format are filed. NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed 1. Name of the party submitting the proposed order: WEC AND ASSOCIATES, INC. (erroneously sued and served as WEC ASSOCIATES, INC.) 2. Title of the proposed order: [PROPOSED] ORDER GRANTING EX PARTE APP FOR AN ORDER SHORTENING TIME RE: WEC’S MOTION FOR GFS. 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Ex Parte Hearing b. Date and time: 10/27/22 10:00 AM c. Place: Santa Clara County Superior Court 191 N. First Street San Jose CA 95113 Dept. 20 4. The proposed order was served on the other parties in the case. Truman Phan-Quang, Esq. > (TYPE OR PRINT NAME) PHAN-QUANG Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of Califomia EFS-020 [Rev. February 1, 2017] (Electronic Filing) PROPOSED ORDER (COVER SHEET) Cal. Rules of Court, rules 2.252, 3.1312 www.courts.ca.govEFS-020 CASE NAME: CASE NUMBER: 17CV310601 17CV310601 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. lam at least 18 years old and not a party to this action. a. My residence or business address is (specify): b. My electronic service address is (specify): 2. |electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.): b. To (electronic service address of person served): c. On (date): [_] Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS.020 (Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2 of 2 (Electronic Filing)Cc ety Dn ke Ww Ye NR Be eB Be Be eB eB ee ee Se cen AS SS SS 2 2 23 24 25 26 27 28 COLLINS + COLLINS. Phone (510) 844-5100 Fax (510) 848-5101 Ryan P. Harley, Esq. (SBN 245059) Truman Phan-Quang, Esq. (SBN 251284) COLLINS + COLLINS LLP 2175 N California Boulevard, Suite 835 Walnut Creek, CA 94596 (510) 844-5100 — FAX (510) 844-5101 Email: rharley@ccllp.law Email: tphan-quang@ccllp.law Attorneys for Defendant/Cross-Complainant/Cross-Defendant WEC AND ASSOCIATES, INC. (erroneously sued and served as WEC ASSOCIATES, INC.) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA AND RELATED CROSS-ACTIONS YOUQIN CAO, an Individual, and ) CASE NO. 17CV310601 XINRONG JIANG, an Individual, ) [Assigned to the Hon. Socrates P. Manoukian, ) Dept. 20] Plaintiffs, ) ) [PROPOSED] ORDER GRANTING EX PARTE) vs. ) APPLICATION FOR AN ORDER ) SHORTENING TIME RE: WEC’S MOTION CALIFORNIA HOME BUILDERS & ) FOR DETERMINATION OF GOOD FAITH DESIGN, INC. dba CALIFORNIA HOMES _) SETTLEMENT AND TRIAL CONTINUANCE & DESIGNS, INC., a California Corporation; ) CALIFORNIA HOMES AND KITCHEN ) DESIGN CENTER, INC., a California ) DATE: 10/27/22 Corporation; WEC ASSOCIATES, INC.,a ) TIME: 1:30 PM California Corporation; and DOES 2 through ) DEPT: 20 100, ) ) Complaint Filed: 5/19/17 Defendants. ) FAC Filed: 8/15/17 ) Trial Date: 10/31/22 ) ) Good cause appearing, it is the order of this court that the time for service of the motion for determination of good faith settlement is shortened and that trial is continued as follows: The Motion for Determination of Good Faith Settlement shall be heard on November 7, 2022 or alternatively at 9:30 a.m. in Department 20. 20705 1 [PROPOSED] ORDERCc ety Dn ke Ww Ye NR Be eB Be Be eB eB ee ee Se cen AS SS SS 21 22 23 24 25 26 27 28 COLLINS +COLLINS.. ZI7BN California Boulevard Suite 83 Walnut Creek, CA 94596, Phone (510) 844-5100 Fax (510) 848-5101 All moving papers shall be filed with the Court and electronically served on all opposing counsel no later than October 28, 2022 or alternatively All opposing papers shall be filed and electronically served no later than November 3, 2022 or alternatively All reply papers are waived. Trial shall be continued to November 14, 2022 or alternatively All pre-trial filings pursuant to Local Rule 9D shall be filed no later than November 11, 2022 or alternatively IT IS SO ORDERED. HM eunddien Dated: , 2022 20705 2 [PROPOSED] ORDERcen DA nH RB WB DN NR Be eB Be Be eB eB ee ee Se cen AS SS SS 21 22 23 24 25 26 27 28 COLLINS +COLLINS.. ZI7BN California Boulevard Suite 83 Walnut Creek, CA 94596, Phone (510) 844-5100 Fax (510) 848-5101 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State of California, ) ss. County of Los Angeles. ) Lam employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business a is 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101. On this date, I served the foregoing document described as [PROPOSED] ORDER GRANTING EX P: APPLICATION FOR AN ORDER SHORTENING TIME RE: WEC’S MOTION FOR DETERMINATION OF GOOD F SETTLEMENT AND TRIAL CONTINUANCE on the interested parties in this action by placing same in a sealed envelope, add as follows: SEE ATTACHED SERVICE LIST C1 GY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pas California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s prac collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service « same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on mo the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of c for mailing in affidavit. BY CERTIFIED MAIL) ~ I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Retum R Requested to be placed in the United States Mail in Pasadena, California. (1 FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive doce with delivery fees provided for. = (BY ELECTRONIC FILING AND/OR SERVICE) - | served a true copy, with all exhibits, electronically on designated rec listed on the attached service list. (ELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) — By prior consent or request or as required by rules of (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)). (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on October 27, 2022 at Pasadena, California. (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. o FEDERAL) - | declare that I am employed in the office of amember offthe bar of this court at whose direction the service was ies \ 1} 1\] VAN KellyForse Vv \ Kfotst@cellp.law 20705 3 [PROPOSED] ORDERCc ety Dn ke Ww Ye NR Be eB Be Be eB eB ee ee Se cen AS SS SS 21 22 23 24 25 26 27 28 COLLINS +COLLINS.. ZI7BN California Boulevard Suite 83 Walnut Creek, CA 94596, Phone (510) 844-5100 Fax (510) 848-5101 YOUQIN CAO and XINRONG JIANG v. CALIFORNIA HOME BUILDERS & DESIGN, INC, et al. SANTA CLARA COUNTY SUPERIOR COURT CASE NO. 17CV310601 Jeffrey H. Belote, Esq. CLARK HILL LLP 505 Montgomery Street, 13th Floor San Francisco, CA 94111 (415) 984-8500 - Fax: (415) 984-8599 jbelote@clarkhill.com lybrown@clarkhill.com ATTORNEYS FOR PLAINTIFFS/CROSSDEFENDANTS YOUQIN CAO and XINRONG JIANG 20705 CCLLP FILE NO. 20705 SERVICE LIST Joe Cirone, Esq. Jack D. Lynch, Esq. BUSTAMANTE & GAGLIASSO, APC 1570 The Alameda, Suite 310 San Jose, CA 95126 jcirone@boglawyers.com ilynch@boglawvers.com (408) 977-1911 — Fax: (408) 977-0746 ASSOCIATED COUNSEL FOR CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. 4 [PROPOSED] ORDER