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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
8
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: sdm@gedlaw.com; jldgedlaw.com; mae@gedlaw.com; cam@gedlaw.com
14 Janet Fogarty & Associates
Janet E. Fogarty (SBN 157460)
15 POBox 1579
Millbrae, CA 94030
16 Telephone: (650) 652-5601
Email: jfogarty1aw1irm(yahoo.com
17
Attorneys for King Plaza Center, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN MATEO - UNLIMITED JURISDICTION
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21 DBP INVESTMENTS, a California General Lead Case No: C1V538897
Partnership (Consolidated with Case No. 19C1V071 18)
22 Plaintiff,
FACT STIPULATIONS SUBMITTED BY
23 vs. THE PARTIES
24
KiNG PLAZA CENTER, LLC, a Delaware Date: February 6,2023
25 Limited Liability Company, BUA-QUACH, an Time: 2:00 PM
individual, SOVAN LIEN, an individual, Dept: 21
26 DONG VUONG, an individual, THANH LAI, Judge: Hon. Robert D. Foiles
and DOES 1 through 10
27
Defendants. Trial Date: February 6, 2023
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Complaint Filed: June 1, 2016
Factual Stipulations Lead Case No.: C1V53 8897
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1
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The patties hereby stipulate to the following facts for purposes of the upcoming trial on
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the first cause of action in the above captioned action:
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1. The area presently known as King Plaza Shopping Center (the “Center”) in Daly
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City, located at 950 King Drive, was first subdivided as part of Serramonte Unit No.
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1 in 1962 as a single commercial lot.
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2. The original lot was further subdivided for a corner gas station in 1966 and again for
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a medical building in 1973. As such, staling in 1973, there were three assessor
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parcel numbers for the Center, 091-175-150, 091 -1 75-1 80, and 091-175-1 90.
Attached as Exhibit A isa site map showing the boundaries of the three parcels.
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3. The shopping center was constructed in 1973.
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4. DBP Investments purchased the three parcels in 1983.
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5. The parcel intended to house Classic Bowl did not have sufficient parking as
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required by Daly City. An administrative variance was granted under Daly City
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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
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under one management.
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6. Classic Bowling Center was constructed in 1985.
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7. On February 14, 1990, DBP accepted an offer from Litke Properties Inc., for it to
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purchase a one-half tenancy in common interest in King Plaza Center. The purchase
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agreement required DBP to seek a lot split so each tenant in common would own its
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own parcel. DSP Investments and Litke Properties, Inc. worked to subdivide the
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Center into two parceJs, one for the shopping center, and the other for the bowling
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alley.
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8. King Plaza Partners (“KPP”), a successor of Litke Properties, took title as a tenant-
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in-common with DSP.
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9. In 1991, the Center was rezoned from C-I Light Commercial to Planned
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Development 47 (“PD-47”) to allow 1) the subdivision of the bowling alley into a
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U Factual Stipulations Lead 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 fl4ure development of a 5,000 square foot
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commercial building on the corner lot previously occupied by the gas station.
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10. After the rezoning, the applicant did not file the final subdivision map within the
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legal time period following approval of the subdivision, and the tentative subdivision
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map became null and void. The zoning standards established with PD-47 remained
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intact.
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11. 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
I0
Subdivision Map MS97-1,
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12. On April 13, 1998, the City Council of Daly City approved modifications to PD-47
12
to establish specific retail uses, modib’ parking, and require a planned development
13
process for new development of the corner lot previously occupied by the gas
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station.
(\-. .J 15
13. On August 25, 2000, the City of Daly City issued a certificate of compliance to
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consolidate the three existing parcels, then bearing APN numbers 091-175-190, 091-
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175-150 and 091-175-180, and split the property into two parcels. Attached as
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Exhibit B is a site map, where Parcel B comprises the parcel that generally shows
19
where the shopping center is located, and where Parcel A comprises the parcel that
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generally shows where the bowling alley is located. Exhibit B is not intended to be
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an exact depiction or description of the parcels’ locations.
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14. The certificate of compliance was issued subject to the findings and conditions of
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MS97-1 and Resolution 98-36. On September 25, 2000, the City of Daly City caused
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to be recorded the Certificate of Compliance.
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15. Prior to the issuance of the Certificate of Compliance, DBP and KPP executed a
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Reciprocal Easement and Operation Agreement.
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28
Factual Stipulations Lead Case No.: C1V538897
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1
16. The Reciprocal Easement and Operation Agreement was to be effective upon
2
recordation.
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17. The Reciprocal Easement and Operation Agreement was not recorded.
4
18. On November 14, 2000, the property now owned by DBP Investments, parcel 091-
5
175-200 (Parcel A) was conveyed to DBP Investments by grant deed from KYP.
6
19. On November 14, 2000, the property now owned by King Plaza Center, LLC, parcel
7
number 091-175-220 (Parcel B), was conveyed to KPP by grant deed from DBP
8
Investments,
9
20. In 2007, KPP sold its interest in its property to King Plaza Center, a Delaware
10
Limited Liability Company.
11
12
GATES EISENHART DAWSON
13
14
Dated: February 2023
15
Attorneys for King Plaza Center, LLC
16
17 LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
18
LAW OFFICES OF JOHN L. FITZGERALD
19
20
Dated: February 2023
21 By: 0ev B. Piser
Attorneys for DBP Investments,
22 a California General Parthership
23
24
25
26
27
28
Factual Stipulations Lead Case No.: C1V538897
4
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EXHIBIT A
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___—Exhibit
C • or DMLY CITY ECPtPDS 41 91s0?e p_Il
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EXHIBIT B
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*11 F
1 PROOF OF SERVICE BY E-MAIL
DBP Investments v. King Plaza Center and Related Cross-Action
2 San Mateo County Superior Court, Unlimited Jurisdiction
Case C1V538897
3
4 I, Esperanza Izazaga, declare the following:
3 I am employed in Alameda County, California, am over eighteen years of age, and
am not a party to the within action or proceeding. My business address is 1970
6 Broadway, Suite 600, Oakland, California 94612.
7 On February 8, 2023, I served a copy of:
8 FACT STIPULATJONS SUBMIErED BY THE PARTIES
9 by sending copies via electronic mail as follows:
10 Co-Counselfor King Plaza Center, LLC Attorneys for King Plaza Center, LLC
Steven D. McLelIan Janet Fogarty
11 Gates Eisenlzart Dawson Law Office of Janet Fogarty &Associates
125 South Market Street, Suite 1200 1126 Hillcrcst Boulevard
12
San Jose, California 95113 Millbrae, California 94030
13 Telephone: (408) 288-8100 Telephone: (650) 652-5601
Facsimile: (408) 288-9409 Facsimile: (650) 652-5604
14 c-mail: sdrn@gedlaw.com e-mail: jfogatylawfirmQivahoo.com
15 Co-Counselfor Plaintiffs
John L. Fitzgerald
16 Law Offices of John L. Fitzgerald
177 Bovet Road, Suite 6oo
17 San Mateo, California 94402
Telephone: (415) 689-1209
18 e-mail: john(Thjlfitzgeraldlaw.com
19 I declare under penalty of perjury that the foregoing is true a
Executed February 8, 2023, at Oakland, California.
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25
26
27
28
Lois’ Offices of
Sine,, B. Piser PROOF OF SERVICE By E-MAH.
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 8 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: sdm@gedlaw.com; jldgedlaw.com; mae@gedlaw.com; cam@gedlaw.com 14 Janet Fogarty & Associates Janet E. Fogarty (SBN 157460) 15 POBox 1579 Millbrae, CA 94030 16 Telephone: (650) 652-5601 Email: jfogarty1aw1irm(yahoo.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 Lead Case No: C1V538897 Partnership (Consolidated with Case No. 19C1V071 18) 22 Plaintiff, FACT STIPULATIONS SUBMITTED BY 23 vs. THE PARTIES 24 KiNG PLAZA CENTER, LLC, a Delaware Date: February 6,2023 25 Limited Liability Company, BUA-QUACH, an Time: 2:00 PM individual, SOVAN LIEN, an individual, Dept: 21 26 DONG VUONG, an individual, THANH LAI, Judge: Hon. Robert D. Foiles and DOES 1 through 10 27 Defendants. Trial Date: February 6, 2023 28 Complaint Filed: June 1, 2016 Factual Stipulations Lead Case No.: C1V53 8897 1 1 ) € The patties 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 1 in 1962 as a single commercial lot. 6 2. The original lot was further subdivided for a corner gas station in 1966 and again for 7 a medical building in 1973. As such, staling in 1973, there were three assessor 8 parcel numbers for the Center, 091-175-150, 091 -1 75-1 80, and 091-175-1 90. Attached as Exhibit A isa 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 in common interest in King Plaza Center. The purchase 20 agreement required DBP to seek a lot split so each tenant in common would own its 21 own parcel. DSP Investments and Litke Properties, Inc. worked to subdivide the 22 Center into two parceJs, one for the shopping center, and the other for the bowling 23 alley. 24 8. King Plaza Partners (“KPP”), a successor of Litke Properties, took title as a tenant- 25 in-common with DSP. 26 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 U Factual Stipulations Lead 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 fl4ure 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 5 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 11. 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 I0 Subdivision Map MS97-1, 11 12. On April 13, 1998, the City Council of Daly City approved modifications to PD-47 12 to establish specific retail uses, modib’ parking, and require a planned development 13 process for new development of the corner lot previously occupied by the gas 14 station. (\-. .J 15 13. On August 25, 2000, the City of Daly City issued a certificate of compliance to 16 consolidate the three existing parcels, then bearing APN numbers 091-175-190, 091- 17 175-150 and 091-175-180, and split the property into two parcels. Attached as 18 Exhibit B is a site map, where Parcel B comprises the parcel that generally shows 19 where the shopping center is located, and where Parcel A comprises the parcel that 20 generally shows where the bowling alley is located. Exhibit B is not intended to be 21 an exact depiction or description of the parcels’ locations. 22 14. The certificate of compliance was issued subject to the findings and conditions of 23 MS97-1 and Resolution 98-36. On September 25, 2000, the City of Daly City caused 24 to be recorded the Certificate of Compliance. 25 15. Prior to the issuance of the Certificate of Compliance, DBP and KPP executed a 26 Reciprocal Easement and Operation Agreement. 27 28 Factual Stipulations Lead Case No.: C1V538897 3 1 16. The Reciprocal Easement and Operation Agreement was to be effective upon 2 recordation. 3 17. The Reciprocal Easement and Operation Agreement was not recorded. 4 18. On November 14, 2000, the property now owned by DBP Investments, parcel 091- 5 175-200 (Parcel A) was conveyed to DBP Investments by grant deed from KYP. 6 19. On November 14, 2000, the property now owned by King Plaza Center, LLC, parcel 7 number 091-175-220 (Parcel B), was conveyed to KPP by grant deed from DBP 8 Investments, 9 20. In 2007, KPP sold its interest in its property to King Plaza Center, a Delaware 10 Limited Liability Company. 11 12 GATES EISENHART DAWSON 13 14 Dated: February 2023 15 Attorneys for King Plaza Center, LLC 16 17 LAW OFFICES OF STEVEN B. PISER A Professional Corporation 18 LAW OFFICES OF JOHN L. FITZGERALD 19 20 Dated: February 2023 21 By: 0ev B. Piser Attorneys for DBP Investments, 22 a California General Parthership 23 24 25 26 27 28 Factual Stipulations Lead Case No.: C1V538897 4 I () EXHIBIT A C ___—Exhibit C • or DMLY CITY ECPtPDS 41 91s0?e p_Il A U a ‘I I. I, a C ( EXHIBIT B a (F (. I I *11 F 1 PROOF OF SERVICE BY E-MAIL DBP Investments v. King Plaza Center and Related Cross-Action 2 San Mateo County Superior Court, Unlimited Jurisdiction Case C1V538897 3 4 I, Esperanza Izazaga, declare the following: 3 I am employed in Alameda County, California, am over eighteen years of age, and am not a party to the within action or proceeding. My business address is 1970 6 Broadway, Suite 600, Oakland, California 94612. 7 On February 8, 2023, I served a copy of: 8 FACT STIPULATJONS SUBMIErED BY THE PARTIES 9 by sending copies via electronic mail as follows: 10 Co-Counselfor King Plaza Center, LLC Attorneys for King Plaza Center, LLC Steven D. McLelIan Janet Fogarty 11 Gates Eisenlzart Dawson Law Office of Janet Fogarty &Associates 125 South Market Street, Suite 1200 1126 Hillcrcst Boulevard 12 San Jose, California 95113 Millbrae, California 94030 13 Telephone: (408) 288-8100 Telephone: (650) 652-5601 Facsimile: (408) 288-9409 Facsimile: (650) 652-5604 14 c-mail: sdrn@gedlaw.com e-mail: jfogatylawfirmQivahoo.com 15 Co-Counselfor Plaintiffs John L. Fitzgerald 16 Law Offices of John L. Fitzgerald 177 Bovet Road, Suite 6oo 17 San Mateo, California 94402 Telephone: (415) 689-1209 18 e-mail: john(Thjlfitzgeraldlaw.com 19 I declare under penalty of perjury that the foregoing is true a Executed February 8, 2023, at Oakland, California. 20 21 22 23 24 25 26 27 28 Lois’ Offices of Sine,, B. Piser PROOF OF SERVICE By E-MAH.