On August 17, 2015 a
Motion-Secondary
was filed
involving a dispute between
Lee, Joycelyn,
and
Does 1 To 20, Inclusive,
Tan, Desmond,
for civil
in the District Court of San Francisco County.
Preview
5
2
x
o
=
<
a
N
<
=
LOBERT@MATZLAWGROUP.LFGAL
27
28
Robert C. Matz (California State Bar No. 217822)
Matz Law Group
2425 Webb Avenue, Suite 200
Alameda, CA 94501
Telephone: (510) 263-8775
E-mail: robert@matzlawgroup.legal
Attorney for Plaintiff Joycelyn Lee
ELECTRONICALLY
FILED
Superior Court of Catifornia,
County of San Francisco
10/25/2017
Clerk of the Court
BY: ANNA TORRES
Deputy Clerk
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
JOYCELYN LEE, CASE NO. CGC-15-547404
Plaintiff, JOYCELYN LEE’S REPLY TO DEFENDANT
DESMOND TAN’S OPPOSITION TO HER
v. BRIEF IN SUPPORT OF ADDING
DESMOND TAN; DOES 1-20,
INCLUSIVE;
Defendants.
LANGUAGE TO THE PROPOSED ORDER
AND JUDGMENT
Hearing Date: October 30, 2017
Hearing Time: 9:30 a.m.
Department: 302
Judge: Hon. Harold E. Kahn
Complaint Filed: August 17, 2015
Trial Date: June 19, 2017
JOYCELYN LEE’S REPLY TO TAN’S
OPPOSITION2425 WEBB AVENUE, SUITE 200
MAIZ LAW GROUP
§
g
g
z
:
g
I. INTRODUCTION/SUMMARY OF ARGUMENT
Defendant Desmond Tan did not bargain for a limitation of Joycelyn Lee’s rights with
respect to B Star and Eats, as he did with Burma Superstar. Now, on the flimsy grounds that B
Star used to be part of a “family” of restaurants, and a “spin-off” from Burma Superstar, and
based upon the demonstrably false assertion that B Star offers “essentially the same menu” as
Burma Superstar, Defendant Desmond Tan is asking this Court to grant him continuing control
over a restaurant Joycelyn Lee was supposed to “get” under the parties’ agreement. If you look
at how Burma Superstar was handled in the agreement, and see the difference in how B Star and
Eats were handled, it becomes clear the parties had no mutual contractual intent with respect to
Mr. Tan’s continuing ownership of the trademark in B Star. The judgment should make it clear
that Desmond Tan is to assign any and all rights in the B Star trademark, and any common law
rights to the Eats name, to Joycelyn Lee.
IL. THE CONTEXT AND LANGUAGE OF THE SETTLEMENT
AGREEMENT SUPPORTS AN INTERPRETATION OF THE
SETTLEMENT AGREEMENT REQUIRING MR. TAN TO ASSIGN THE
TRADEMARK IN B STAR AND EATS TO JOYCELYN LEE
In his Opposition, Defendant Desmond Tan asks this Court to grant him rights “parallel
to what was agreed with Burma Superstar” even though there is no contractual language
expressing the parties’ mutual intent that he be granted a continuing interest in Burma Superstar.
Moreover, unlike Burma Superstar, Mr. Tan was not granted any B Star restaurants under the
agreement. Thus, the parties’ mutual contractual intent was for Mr. Tan to own the trademark
over Burma Superstar and for Ms. Lee to have an exclusive license to the mark in San
Francisco. The absence of any language granting him “parallel” rights in B Star compels the
conclusion the parties’ intended for Ms. Lee to “get” the restaurant and the trademark rights for
that restaurant. And even though there is no federal registration for Eats, Mr. Tan should be
required to assign any common law rights or any other rights in this mark to Joycelyn Lee so
she can pursue registration.
1 JOYCELYN LEE’S REPLY TO TAN’S
OPPOSITIONIll. B-STAR’S MENU IS NOT THE SAME AS BURMA SUPERSTAR’S.
2
Even a cursory review of the menus for B-Star and Burma Superstar demonstrates that
3
they do not have “essentially the same menu” (Compare Matz Decl., Exhibit 1 and Exhibit 2).
4
But more to the point, since Joycelyn Lee “got” this restaurant under the agreement, she should
5
be free to do as she pleases with this menu, free (at long last) from Desmond Tan’s control over
6
this restaurant, which is something he did not bargain or ask for under the agreement, but is now
7
asking the Court to grant him.
8
9
Dated: October 25, 2017 By: :
10 Robert C. Matz (California State Bar No. 217822)
2425 Webb Avenue, Suite 200
il Alameda, California 94501
Telephone: (510) 599-6323
E-mail: robert@matzlawgroup.legal
Attorneys for Plaintiff Joycelyn Lee
MATZ LAW GROUP
2 JOYCELYN LEE’S REPLY TO TAN’S
OPPOSITION |
Document Filed Date
October 25, 2017
Case Filing Date
August 17, 2015
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
5 2 x o = < a N < = LOBERT@MATZLAWGROUP.LFGAL 27 28 Robert C. Matz (California State Bar No. 217822) Matz Law Group 2425 Webb Avenue, Suite 200 Alameda, CA 94501 Telephone: (510) 263-8775 E-mail: robert@matzlawgroup.legal Attorney for Plaintiff Joycelyn Lee ELECTRONICALLY FILED Superior Court of Catifornia, County of San Francisco 10/25/2017 Clerk of the Court BY: ANNA TORRES Deputy Clerk SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION JOYCELYN LEE, CASE NO. CGC-15-547404 Plaintiff, JOYCELYN LEE’S REPLY TO DEFENDANT DESMOND TAN’S OPPOSITION TO HER v. BRIEF IN SUPPORT OF ADDING DESMOND TAN; DOES 1-20, INCLUSIVE; Defendants. LANGUAGE TO THE PROPOSED ORDER AND JUDGMENT Hearing Date: October 30, 2017 Hearing Time: 9:30 a.m. Department: 302 Judge: Hon. Harold E. Kahn Complaint Filed: August 17, 2015 Trial Date: June 19, 2017 JOYCELYN LEE’S REPLY TO TAN’S OPPOSITION2425 WEBB AVENUE, SUITE 200 MAIZ LAW GROUP § g g z : g I. INTRODUCTION/SUMMARY OF ARGUMENT Defendant Desmond Tan did not bargain for a limitation of Joycelyn Lee’s rights with respect to B Star and Eats, as he did with Burma Superstar. Now, on the flimsy grounds that B Star used to be part of a “family” of restaurants, and a “spin-off” from Burma Superstar, and based upon the demonstrably false assertion that B Star offers “essentially the same menu” as Burma Superstar, Defendant Desmond Tan is asking this Court to grant him continuing control over a restaurant Joycelyn Lee was supposed to “get” under the parties’ agreement. If you look at how Burma Superstar was handled in the agreement, and see the difference in how B Star and Eats were handled, it becomes clear the parties had no mutual contractual intent with respect to Mr. Tan’s continuing ownership of the trademark in B Star. The judgment should make it clear that Desmond Tan is to assign any and all rights in the B Star trademark, and any common law rights to the Eats name, to Joycelyn Lee. IL. THE CONTEXT AND LANGUAGE OF THE SETTLEMENT AGREEMENT SUPPORTS AN INTERPRETATION OF THE SETTLEMENT AGREEMENT REQUIRING MR. TAN TO ASSIGN THE TRADEMARK IN B STAR AND EATS TO JOYCELYN LEE In his Opposition, Defendant Desmond Tan asks this Court to grant him rights “parallel to what was agreed with Burma Superstar” even though there is no contractual language expressing the parties’ mutual intent that he be granted a continuing interest in Burma Superstar. Moreover, unlike Burma Superstar, Mr. Tan was not granted any B Star restaurants under the agreement. Thus, the parties’ mutual contractual intent was for Mr. Tan to own the trademark over Burma Superstar and for Ms. Lee to have an exclusive license to the mark in San Francisco. The absence of any language granting him “parallel” rights in B Star compels the conclusion the parties’ intended for Ms. Lee to “get” the restaurant and the trademark rights for that restaurant. And even though there is no federal registration for Eats, Mr. Tan should be required to assign any common law rights or any other rights in this mark to Joycelyn Lee so she can pursue registration. 1 JOYCELYN LEE’S REPLY TO TAN’S OPPOSITIONIll. B-STAR’S MENU IS NOT THE SAME AS BURMA SUPERSTAR’S. 2 Even a cursory review of the menus for B-Star and Burma Superstar demonstrates that 3 they do not have “essentially the same menu” (Compare Matz Decl., Exhibit 1 and Exhibit 2). 4 But more to the point, since Joycelyn Lee “got” this restaurant under the agreement, she should 5 be free to do as she pleases with this menu, free (at long last) from Desmond Tan’s control over 6 this restaurant, which is something he did not bargain or ask for under the agreement, but is now 7 asking the Court to grant him. 8 9 Dated: October 25, 2017 By: : 10 Robert C. Matz (California State Bar No. 217822) 2425 Webb Avenue, Suite 200 il Alameda, California 94501 Telephone: (510) 599-6323 E-mail: robert@matzlawgroup.legal Attorneys for Plaintiff Joycelyn Lee MATZ LAW GROUP 2 JOYCELYN LEE’S REPLY TO TAN’S OPPOSITION |