Motion,Ex Parte: DBP INVESTMENTS VS KING PLAZA CENTER

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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
                   4
                       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
                   7

                   8   Attorneys for
                       DBP INVESTMENTS,
                   9   a California General Partnership
                  10

                  11

                  12                  IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
                  13                           IN AND FOR THE COUNTY OF SAN MATEO
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                  15   DBP INVESTMENTS, a California General )               CASE NO. CIV538897
                       Partnership,                              )           (CONSOLIDATED WITH CASE #19CIV07118)
                  16                                             )
                                      Plaintiff,                 )
                  17                                             )           NOTICE OF MOTION AND MOTION TO
                               v.                                )           STRIKE MEMORANDUM OF COSTS
                  18                                             )
                       KING PLAZA CENTER, LLC, a Delaware )                           DATE     :        AUGUST 4, 2023
                  19   Limited Liability Company, BUA-QUACH, )                        TIME     :        9:00 A.M.
                       an individual, SOVAN LIEN, an individual, )                    DEPT.    :        21
                  20   DONG VUONG, an individual, THANH          )
                       LAI, and DOES 1 through 10                )
                  21                                             )
                                      Defendants.                )
                  22                                             )
                  23          PLEASE TAKE NOTICE that on August 4, 2023 at 9:00 a.m. in Department 21 of the

                  24   above-entitled court, located at 400 County Center, Redwood City, California, or as soon

                  25   thereafter as the matter can be heard, plaintiff DBP Investments will seek an order striking the

                  26   cost bill filed by King Plaza Center, LLC.

                  27          This motion will be based on the grounds that King was not the prevailing party because

                  28   it did not achieve its litigation objective and DBP secured the relief it sought. as sought in its
Law Offices of
Steven B. Piser                                                              1
                                                 NOTICE OF MOTION AND MOTION TO STRIKE MEMORANDUM OF COSTS
                   1   prayer, that DBP not obtain any relief and the complaint be dismissed, with prejudice.

                   2          This motion is made pursuant to California Rule of Court 3.1700(b)(1) and Code of Civil

                   3   Procedure Section 1032.

                   4          This motion is based upon this notice, the points and authorities, request for judicial

                   5   notice and such other and further evidence that may be presented at the hearing.

                   6                                                   LAW OFFICES OF STEVEN B. PISER
                                                                       A Professional Corporation
                   7

                   8                                                   LAW OFFICES OF JOHN L. FITZGERALD

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                       DATED: May 22, 2023                    By:
                  10                                                   STEVEN B. PISER
                  11                                                   Attorney for
                                                                       DBP INVESTMENTS
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Law Offices of
Steven B. Piser                                                              2
                                                 NOTICE OF MOTION AND MOTION TO STRIKE MEMORANDUM OF COSTS