Document for DBP INVESTMENTS VS KING PLAZA CENTER

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                                GATES EISENHART DAWSON
     Steven D. McLellan (SBN 311395)
 2   James L. Dawson (SBN 73521)
     Marc A. Eisenhart (SBN 188518)
 3   Claire A. Melehani (SBN 324763)
     125 South Market Street, Suite 1200
 4   San Jose, CA 95113-2288
     Telephone: (408) 288-8100
 5   Fax: (408) 288-9409
     E-mail: sdm@gedlaw.com; jld@gedlaw.com; mae@gedlaw.com; cam@gedlaw.com
 6
     Janet Fogarty & Associates
 7   Janet E. Fogarty (SBN 157460)
     PO Box 1579
 8   Millbrae, CA 94030
     Telephone: (650) 652-5601
 9   Email: jfogartylawfirm@yahoo.com

10   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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15   DBP INVESTMENTS, a California General              Lead Case No: CIV538897
     Partnership                                        (Consolidated with Case No. 19CIV07118)
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                    Plaintiff,                          STIPULATION AND [PROPOSED]
17                                                      ORDER SETTING HEARING DATES ON
18                                                      PLAINTIFF'S AND DEFENDANT'S
                                                        MOTIONS TO STRIKE COSTS
19          vs.
20                                            Date: July 21, 2023
                                              Time: 9:00 AM
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     KING PLAZA CENTER, LLC, a Delaware       Dept: 21
22   Limited Liability Company, BUA-QUACH, an Judge: Hon. Robert D. Foiles
     individual, SOVAN LIEN, an individual,
23   DONG VUONG, an individual, THANH LAI, Trial Date: February 28, 2023
     and DOES 1 through 10                    Complaint Filed: June 1, 2016
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25                  Defendants.

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     Stipulation and [Proposed] Order Setting Hearing on Joint Mots. To Strike Lead Case No.: CIV538897
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 1                                           STIPULATION
 2           WHEREFORE, this Court entered judgment in this action on April 19, 2023;

 3           WHEREFORE, both PlaintiffDBP Investments and Defendant King Plaza Center, LLC

 4   filed memoranda of costs;
 5           WHEREFORE, Defendant King Plaza Center, LLC filed a motion to strike, or, in the

 6   alternative, tax, DBP Investments's cost memorandum, with a hearing date set for July 21,

 7   2023;
 8           WHEREFORE, Plaintiff DBP Investments filed a motion to strike Defendant King Plaza

 9   Center, LLC's cost memorandum, with a hearing date set for August 4, 2023;

10           WHEREFORE, both motions concern the same primary issue, that which party is the

11   "prevailing party" for purposes of costs pursuant to Code of Civil Procedure section 1032;
12           WHEREFORE, in the interests of justice, both parties agree that their respective motions

13   should be heard on the same day to avoid unnecessary duplication of work for both the parties

14   and the Court; and
15           WHEREFORE, both parties are available for a hearing date on their respective motions

16   either on July 21, 2023 or August 4, 2023, whichever is more convenient for the Court.

17           THEREFORE, the parties hereby stipulate as follows:

18           1.     Defendant King Plaza Center, LLC's motion to strike, or, in the alternative, tax,

19   DBP Investments's cost memorandum, and PlaintiffDBP Investments's motion to strike

20   Defendant King Plaza Center, LLC's cost memorandum, should be heard on the same day; and

21           2.     Both parties are available to have the hearing on either July 21, 2023 or August

22   4, 2023 at 9:00 A.M., whichever is more convenient for the Court.

23   IT IS SO STIPULATED.
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26   Dated: May 23, 2023
                                                   By: Steven D. McLellan
27                                                 Attorneys for King Plaza Center, LLC

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     Stipulation and [Proposed] Order Setting Hearing on Joint Mots. To Strike Lead Case No.: CIV538897
                                                      2
  l                                                 LAW OFFICES OF STEVEN B. PISER
                                                    A Professional Corporation
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                                                    LAW OFFICES OF JOHN L. FITZGERALD
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      Dated: May 23, 2023
 5                                                  By: Steven B. Piser
                                                    Attorneys for DBP Investments,
 6                                                  a California General Partnership
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 9                                                 ORDER

lO           For good cause showing, the Court hereby sets the hearing on ( l) Defendant King Plaza
11    Center, LLC's motion to strike, or, in the alternative, tax, DBP Investments's cost

.12   memorandum, and (2) Plaintiff DBP Investments's motion to strike Defendant King Plaza

13    Center, LLC's cost memorandum, for       _ _ _ _ __ _ _ _ , at 9:00 A.M.

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15    IT IS SO ORDERED.
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17    Date: _ _ _ _ _ _ _ _, 2023

18                                                         HON. ROBERT D. FOILES
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      Stipulation and [Proposed] Order Setting Hearing on Joint Mots. To Strike Lead Case No.: CIVS38897
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