On January 02, 2019 a
Request,Application
was filed
involving a dispute between
and
for Eminent Domain/Inv Cond Unlimited (14)
in the District Court of Santa Clara County.
Preview
17
18
19
20
21
22
23
24
25
26
27
28
Scott E. Jenny, Esq. — State Bar No. 166111
JENNY & JENNY, LLP
736 Ferry Street
Martinez, California 94553
Telephone: — (925) 228-1265
Facsimile: (925) 228-2841
Attorney for Defendant
D.E. II RESTAURANTS, INC.
IN THE SUPERIOR COURT OF THE STATE CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
UNLIMITED JURISDICTION
CITY OF SANTA CLARA, a California)
Charter City
Plaintiff,
vs.
D.E. II RESTAURANTS, INC., a California)
corporation; and DOES 1-50,
Defendants.
D.E. II RESTAURANTS, INC.
Cross-Complainant,
vs.
Ra
SSS SSS SSS SDL
CITY OF SANTA CLARA, a California)
Charter City and ROES 1 through 10,) pept: 19
inclusive,
Cross-Defendants.
Veerew
Case No.: 19CV340508
DEFENDANT’S REQUEST FOR
PERMISSION TO INTRODUCE ORAL
EVIDENCE FOR CITY’S MOTION FOR
IMMEDIATE POSSESSION
Date: January 6, 2020
Time: 8:45 a.m.
DEFENDANT’S REQUEST FOR PERMISSION TO INTRODUCE ORAL EVIDENCE
FOR CITY’S MOTION FOR IMMEDIATE POSSESSION20
21
22
23
24
25
26
27
28
California Rule of Court section 3.1306 provides that a party to a motion may request
permission to introduce oral evidence if such request is made no later than three court days
before the hearing. Pursuant to California Rule of Court, section 3.1306, defendant hereby
requests permission to introduce oral evidence at the trail set for January 6, 2020.
The evidence presented will assist the Court in balancing the hardships of the parties
which plaintiff asserts require immediate possession and which defendant refutes.
Defendant anticipates calling the following witnesses:
A. David Ebrahimi. Mr. Ebrahimi will testify regarding the history of the subject
property and business, relocation efforts of both himself and the City, and the hardships that
closing down the business without a relocation site will cause. It is anticipated that Mr.
Ebrahimi's testimony will take 1 1/2 hours.
B. Jean Ebrahimoun. Ms. Ebrahimoun will testify regarding the history of the
subject property and business, relocation efforts of both himself and the City, and the hardships
that closing down the business without a relocation site will cause. It is anticipated that Ms.
Ebrahimoun's testimony will take one hour.
Cc Bob Swenson. Mr. Swenson will testify regarding the relocation efforts of the
City, of Davids, and by Mr. Swenson himself including his opinions of all issues. It is
anticipated that Mr. Swenson's testimony will take 1 1/2 hours.
Dz. Ruth Shikada. Ms. Shikada will testify as to the Project, the private development
for which the eminent domain case has been filed, and relocation efforts of the City. It is
anticipated that Ms. Shikada's testimony will take 1 1/2 hours.
E. Rosalyn Zeigler. Ms. Zeigler will testify as to the relocation efforts of the
City. It is anticipated that Ms. Shikada's testimony will take one hour.
F. Craig Mobeck. Mr. Mobeck will testify as to the Project and the private
development for which the eminent domain case has been filed. It is anticipated that Mr.
Mobeck's testimony will take one hour.
-2-
DEFENDANT'S REQUEST FOR PERMISSION TO INTRODUCE ORAL EVIDENCE
FOR CITY’S MOTION FOR IMMEDIATE POSSESSION19
20
21
22
23
24
25
26
27
28
G. Any witnesses identified in further discovery.
DATED: December \, 2019 JENNY & JENNY, LLP
By:
SCOTT E. JENNY, ESQ.
ATTORNEY FOR DEFENDANT
D.E. II RESTAURANTS, INC.
Be
DEFENDANT’S REQUEST FOR PERMISSION TO INTRODUCE ORAL EVIDENCE
FOR CITY’S MOTION FOR IMMEDIATE POSSESSION
Document Filed Date
December 11, 2019
Case Filing Date
January 02, 2019
Category
Eminent Domain/Inv Cond Unlimited (14)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
17 18 19 20 21 22 23 24 25 26 27 28 Scott E. Jenny, Esq. — State Bar No. 166111 JENNY & JENNY, LLP 736 Ferry Street Martinez, California 94553 Telephone: — (925) 228-1265 Facsimile: (925) 228-2841 Attorney for Defendant D.E. II RESTAURANTS, INC. IN THE SUPERIOR COURT OF THE STATE CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION CITY OF SANTA CLARA, a California) Charter City Plaintiff, vs. D.E. II RESTAURANTS, INC., a California) corporation; and DOES 1-50, Defendants. D.E. II RESTAURANTS, INC. Cross-Complainant, vs. Ra SSS SSS SSS SDL CITY OF SANTA CLARA, a California) Charter City and ROES 1 through 10,) pept: 19 inclusive, Cross-Defendants. Veerew Case No.: 19CV340508 DEFENDANT’S REQUEST FOR PERMISSION TO INTRODUCE ORAL EVIDENCE FOR CITY’S MOTION FOR IMMEDIATE POSSESSION Date: January 6, 2020 Time: 8:45 a.m. DEFENDANT’S REQUEST FOR PERMISSION TO INTRODUCE ORAL EVIDENCE FOR CITY’S MOTION FOR IMMEDIATE POSSESSION20 21 22 23 24 25 26 27 28 California Rule of Court section 3.1306 provides that a party to a motion may request permission to introduce oral evidence if such request is made no later than three court days before the hearing. Pursuant to California Rule of Court, section 3.1306, defendant hereby requests permission to introduce oral evidence at the trail set for January 6, 2020. The evidence presented will assist the Court in balancing the hardships of the parties which plaintiff asserts require immediate possession and which defendant refutes. Defendant anticipates calling the following witnesses: A. David Ebrahimi. Mr. Ebrahimi will testify regarding the history of the subject property and business, relocation efforts of both himself and the City, and the hardships that closing down the business without a relocation site will cause. It is anticipated that Mr. Ebrahimi's testimony will take 1 1/2 hours. B. Jean Ebrahimoun. Ms. Ebrahimoun will testify regarding the history of the subject property and business, relocation efforts of both himself and the City, and the hardships that closing down the business without a relocation site will cause. It is anticipated that Ms. Ebrahimoun's testimony will take one hour. Cc Bob Swenson. Mr. Swenson will testify regarding the relocation efforts of the City, of Davids, and by Mr. Swenson himself including his opinions of all issues. It is anticipated that Mr. Swenson's testimony will take 1 1/2 hours. Dz. Ruth Shikada. Ms. Shikada will testify as to the Project, the private development for which the eminent domain case has been filed, and relocation efforts of the City. It is anticipated that Ms. Shikada's testimony will take 1 1/2 hours. E. Rosalyn Zeigler. Ms. Zeigler will testify as to the relocation efforts of the City. It is anticipated that Ms. Shikada's testimony will take one hour. F. Craig Mobeck. Mr. Mobeck will testify as to the Project and the private development for which the eminent domain case has been filed. It is anticipated that Mr. Mobeck's testimony will take one hour. -2- DEFENDANT'S REQUEST FOR PERMISSION TO INTRODUCE ORAL EVIDENCE FOR CITY’S MOTION FOR IMMEDIATE POSSESSION19 20 21 22 23 24 25 26 27 28 G. Any witnesses identified in further discovery. DATED: December \, 2019 JENNY & JENNY, LLP By: SCOTT E. JENNY, ESQ. ATTORNEY FOR DEFENDANT D.E. II RESTAURANTS, INC. Be DEFENDANT’S REQUEST FOR PERMISSION TO INTRODUCE ORAL EVIDENCE FOR CITY’S MOTION FOR IMMEDIATE POSSESSION