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1 STEVEN B. PISER, SBN 62414
LAW OFFICES OF STEVEN B. PISER
2 A Professional Corporation
1970 Broadway, Suite 600
3 Oakland, California 94612
Telephone: (510) 835-5582
JOHN L. FITZGERALD, SBN 126613
5 LAW OFFICES OF JOHN L. FITZGERALD
177 Bovet Road, Suite 600
6 San Mateo, California 94402
Telephone: (650) 638-2386
Attorneys for DBP INVESTMENTS, a California General Partnership
GATES EISENHART DAWSON
9 Steven D. McLellan (SBN 311395)
James L. Dawson (SBN 73521)
10 Marc A. Eisenhart (SBN 188518)
Claire A. Melehani (SBN 324763)
11 125 South Market Street, Suite 1200
San Jose, CA 95113-2288
12 Telephone: (408) 288-8100
Fax: (408) 288-9409
13 E-mail: sdmgedIaw.corn; jld(d)gedlaw.com; maei)aedIaw.corn; cani’gedIaw.com
14 Janet Fogarty & Associates
Janet E. Fogarty (SBN 157460)
15 POBox 1579
Millbrae, CA 94030
16 Telephone: (650) 652-5601
Email: jfoaartylawfirm(vahoo.com
17
Attorneys for King Plaza Center, LLC
18
SUPERIOR COURT OF THE STATE OF CALIFORNIA
19
COUNTY OF SAN MATEO - UNLIMITED JURISDICTION
20
21 DBP INVESTMENTS, a California General Case No: C1V538897
Partnership
22 Plaintiff, FACT STIPULATIONS SUBMITTED BY
THE PARTIES
23 vs.
Date: November 22, 2022
24
KING PLAZA CENTER, LLC, a Delaware Time: 9:00 AM
25 Limited Liability Company, BUA-QUACH, an Dept: 21
individual, SOVAN LIEN, an individual, Judge: Hon. Robert D. Foiles
26 DONG VUONG, an individual, THANH LAI,
and DOES I through 10 Trial Date: November 21, 2022
27
Defendants. Complaint Filed: June 1,2016
28
Factual Stipulations Case No.: C1V538897
1
The parties hereby stipulate to the following facts for purposes of the upcoming trial on
2
the first cause of action in the above captioned action:
3
1. The area presently known as King Plaza Shopping Center (the “Center”) in Daly
4
City, located at 950 King Drive, was first subdivided as part of Serramonte Unit No.
5
I in 1962 as a single commercial lot.
6
2. The original lot was ftirthersubdivided for a corner gas station in 1966 and again for
7
a medical building in 1973. As such, starting in 1973, there were three assessor
8
parcel numbers for the Center, 091-175-150. 091-175-I 80. and 09 I - I 75-190.
9
Attached as Exhibit A is a site map showing the boundaries of the three parcels.
10
3. The shopping center was constructed in 1973.
11
4. DBP investments purchased the three parcels in 1983.
12
5. The parcel intended to house Classic Bowl did not have sufficient parking as
13
required by Daly City. An administrative variance was granted under Daly City
14
Zoning Ordinance Section 17.34.010 E which allows a reduction of up to 20% of the
15
required parking for the whole shopping center if the mixed-use development is
16
under one management.
17
6. Classic Bowling Center was constructed in 1985.
18
7 On February 14. 1990. DBP accepted an offer from Litke Properties Inc., for it to
19
purchase a one-half tenancy incommon interest in King Plaza Center. The purchase
agreement required DBP to seek a lot split so each tenant in common would own its
21
own parcel. DBP Investments and Litke Properties. Inc. worked to subdivide the
Center into two parcels, one for the shopping center, and the other for the bowling
23
alley.
24
15 8. King Plaza Partners (“KPP”), a successor of Litke Properties, took title as a tenant-
in-common with DBP.
16
9. In 1991, the Center was rezoned from C-I Light Commercial to Planned
27
Development 47 (“PD-47”) to allow 1) the subdivision of the bowling alley into a
28
Factual Stipulations Case No.: C1V538897
2
1
separate lot and the consolidation of all the other lots, 2) the adoption of new zoning
2
standards specific to the site, and 3) the future development of a 5,000 square foot
3
commercial building on the corner lot previously occupied by the gas station.
4
10. After the rezoning, the applicant did not file the final subdivision map within the
legal time period following approval of the subdivision, and the tentative subdivision
6
map became null and void. The zoning standards established with PD-47 remained
7
intact.
8
II. On February 25, 1998, the City Council of Daly City voted to adopt Resolution 98-
9
36, Adopting Findings of Fact and Imposing Conditions of Approval Tentative
10
Subdivision Map MS97-I.
12. On April 13, 1998, the City Council of Daly City approved modifications to PD-47
12
to establish specific retail uses, modi& parking, and require a planned development
13
process for new development of the corner lot previously occupied by the gas
14
station.
15
13. On August 25, 2000, the City of Daly City issued a certificate of compliance to
16
consolidate the three existing parcels, and then split the property into two parcels,
17
091-175-200, and 091-175-220. Attached as Exhibit His a site map, where Parcels
18
A and A-I comprise the parcel where the shopping center is located, and where
19
Parcel B comprises the parcel where the bowling alley islocated.
20
14. The certificate of compliance was issued subject to the findings and conditions of
21
MS97-l and Resolution 98-36. On September 25, 2000, the City of Daly City caused
22
to be recorded the Certificate of Compliance.
23
15. Prior to the issuance of the Certificate of Compliance, DBP and KPP executed a
24
Reciprocal Easement and Operation Agreement.
25
16. The Reciprocal Easement and Operation Agreement was to be effective upon
26
recordation.
27
17. The Reciprocal Easement and Operation Agreement was not recorded.
28
Factual Stipulations Case No.: C1V538897
3
18. On November 14, 2000, the property now owned by DBP Investments, parcel 091-
2
175-200, was conveyed to DBP Investments by grant deed from KPP.
3
19. On November 14, 2000, the property now owned by King Plaza Center, LLC, parcel
4
number 091-175-220, was conveyed to KPP by grant deed from DBP Investments.
5
20. In 2007, KPP sold itsinterest in itsproperty to King Plaza Center, a Delaware
6
Limited Liability Company.
7
8
GATES EISENHART DAWSON
9
10
Dated: November 17, 2022
ii By: Steven D. McLelIan
Attorneys for King Plaza Center, LLC
12
13 LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
14
LAW OFFIC S OF JOHN L. FITZGERALD
15
16
Dated: November 17, 2022
17 By: St yen B. Piser
Attorneys for DBP Investments,
18 a California General Partnership
19
20
21
22
23
24
25
26
27
28
Factual Stipulations Case No.: C1V538897
4
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Preview
1 STEVEN B. PISER, SBN 62414 LAW OFFICES OF STEVEN B. PISER 2 A Professional Corporation 1970 Broadway, Suite 600 3 Oakland, California 94612 Telephone: (510) 835-5582 JOHN L. FITZGERALD, SBN 126613 5 LAW OFFICES OF JOHN L. FITZGERALD 177 Bovet Road, Suite 600 6 San Mateo, California 94402 Telephone: (650) 638-2386 Attorneys for DBP INVESTMENTS, a California General Partnership GATES EISENHART DAWSON 9 Steven D. McLellan (SBN 311395) James L. Dawson (SBN 73521) 10 Marc A. Eisenhart (SBN 188518) Claire A. Melehani (SBN 324763) 11 125 South Market Street, Suite 1200 San Jose, CA 95113-2288 12 Telephone: (408) 288-8100 Fax: (408) 288-9409 13 E-mail: sdmgedIaw.corn; jld(d)gedlaw.com; maei)aedIaw.corn; cani’gedIaw.com 14 Janet Fogarty & Associates Janet E. Fogarty (SBN 157460) 15 POBox 1579 Millbrae, CA 94030 16 Telephone: (650) 652-5601 Email: jfoaartylawfirm(vahoo.com 17 Attorneys for King Plaza Center, LLC 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 COUNTY OF SAN MATEO - UNLIMITED JURISDICTION 20 21 DBP INVESTMENTS, a California General Case No: C1V538897 Partnership 22 Plaintiff, FACT STIPULATIONS SUBMITTED BY THE PARTIES 23 vs. Date: November 22, 2022 24 KING PLAZA CENTER, LLC, a Delaware Time: 9:00 AM 25 Limited Liability Company, BUA-QUACH, an Dept: 21 individual, SOVAN LIEN, an individual, Judge: Hon. Robert D. Foiles 26 DONG VUONG, an individual, THANH LAI, and DOES I through 10 Trial Date: November 21, 2022 27 Defendants. Complaint Filed: June 1,2016 28 Factual Stipulations Case No.: C1V538897 1 The parties hereby stipulate to the following facts for purposes of the upcoming trial on 2 the first cause of action in the above captioned action: 3 1. The area presently known as King Plaza Shopping Center (the “Center”) in Daly 4 City, located at 950 King Drive, was first subdivided as part of Serramonte Unit No. 5 I in 1962 as a single commercial lot. 6 2. The original lot was ftirthersubdivided for a corner gas station in 1966 and again for 7 a medical building in 1973. As such, starting in 1973, there were three assessor 8 parcel numbers for the Center, 091-175-150. 091-175-I 80. and 09 I - I 75-190. 9 Attached as Exhibit A is a site map showing the boundaries of the three parcels. 10 3. The shopping center was constructed in 1973. 11 4. DBP investments purchased the three parcels in 1983. 12 5. The parcel intended to house Classic Bowl did not have sufficient parking as 13 required by Daly City. An administrative variance was granted under Daly City 14 Zoning Ordinance Section 17.34.010 E which allows a reduction of up to 20% of the 15 required parking for the whole shopping center if the mixed-use development is 16 under one management. 17 6. Classic Bowling Center was constructed in 1985. 18 7 On February 14. 1990. DBP accepted an offer from Litke Properties Inc., for it to 19 purchase a one-half tenancy incommon interest in King Plaza Center. The purchase agreement required DBP to seek a lot split so each tenant in common would own its 21 own parcel. DBP Investments and Litke Properties. Inc. worked to subdivide the Center into two parcels, one for the shopping center, and the other for the bowling 23 alley. 24 15 8. King Plaza Partners (“KPP”), a successor of Litke Properties, took title as a tenant- in-common with DBP. 16 9. In 1991, the Center was rezoned from C-I Light Commercial to Planned 27 Development 47 (“PD-47”) to allow 1) the subdivision of the bowling alley into a 28 Factual Stipulations Case No.: C1V538897 2 1 separate lot and the consolidation of all the other lots, 2) the adoption of new zoning 2 standards specific to the site, and 3) the future development of a 5,000 square foot 3 commercial building on the corner lot previously occupied by the gas station. 4 10. After the rezoning, the applicant did not file the final subdivision map within the legal time period following approval of the subdivision, and the tentative subdivision 6 map became null and void. The zoning standards established with PD-47 remained 7 intact. 8 II. On February 25, 1998, the City Council of Daly City voted to adopt Resolution 98- 9 36, Adopting Findings of Fact and Imposing Conditions of Approval Tentative 10 Subdivision Map MS97-I. 12. On April 13, 1998, the City Council of Daly City approved modifications to PD-47 12 to establish specific retail uses, modi& parking, and require a planned development 13 process for new development of the corner lot previously occupied by the gas 14 station. 15 13. On August 25, 2000, the City of Daly City issued a certificate of compliance to 16 consolidate the three existing parcels, and then split the property into two parcels, 17 091-175-200, and 091-175-220. Attached as Exhibit His a site map, where Parcels 18 A and A-I comprise the parcel where the shopping center is located, and where 19 Parcel B comprises the parcel where the bowling alley islocated. 20 14. The certificate of compliance was issued subject to the findings and conditions of 21 MS97-l and Resolution 98-36. On September 25, 2000, the City of Daly City caused 22 to be recorded the Certificate of Compliance. 23 15. Prior to the issuance of the Certificate of Compliance, DBP and KPP executed a 24 Reciprocal Easement and Operation Agreement. 25 16. The Reciprocal Easement and Operation Agreement was to be effective upon 26 recordation. 27 17. The Reciprocal Easement and Operation Agreement was not recorded. 28 Factual Stipulations Case No.: C1V538897 3 18. On November 14, 2000, the property now owned by DBP Investments, parcel 091- 2 175-200, was conveyed to DBP Investments by grant deed from KPP. 3 19. On November 14, 2000, the property now owned by King Plaza Center, LLC, parcel 4 number 091-175-220, was conveyed to KPP by grant deed from DBP Investments. 5 20. In 2007, KPP sold itsinterest in itsproperty to King Plaza Center, a Delaware 6 Limited Liability Company. 7 8 GATES EISENHART DAWSON 9 10 Dated: November 17, 2022 ii By: Steven D. McLelIan Attorneys for King Plaza Center, LLC 12 13 LAW OFFICES OF STEVEN B. PISER A Professional Corporation 14 LAW OFFIC S OF JOHN L. FITZGERALD 15 16 Dated: November 17, 2022 17 By: St yen B. Piser Attorneys for DBP Investments, 18 a California General Partnership 19 20 21 22 23 24 25 26 27 28 Factual Stipulations Case No.: C1V538897 4 EXHIBIT A C • OF 11,2L? Cl T’? ECD’PN 41 91?O?O F. I I - r xaXn 1 LI1 U U ‘C U C. EXHIBIT B C C’, 0 U) 0 CD 0 > Ui 0 / - 0 0 C 0 C, C I, 3 C 00 C) a, 0 C, CD z. at C 00 C) 00 c Attachment A C C Plannod DvcJop.n ciii (‘a C