On January 02, 2019 a
Party Notice
was filed
involving a dispute between
and
for Eminent Domain/Inv Cond Unlimited (14)
in the District Court of Santa Clara County.
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CIV-130
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
|_F. Gale Connor (SB #131994
Miller Starr Regalia
351 California St., Suite 1110
San Francisco, CA 94104
TeLepHoNe No: 415-638-4800 FAX NO. (Optional): 415-371-1012
E-MAIL ADDRESS (Optional): gale.connor@msrlegal.com
ATTORNEY FOR (Name): Plaintiff City of Santa Clara
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 North First Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: City of Santa Clara
DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc., et al.
NOTICE OF ENTRY OF JUDGMENT CASE NUMBER
OR ORDER 19CV340508
(Check one): UNLIMITED CASE OO suited case
(Amount demanded (Amount demanded was
exceeded $25,000) $25,000 or less)
TO ALL PARTIES :
1. Ajudgment, decree, or order was entered in this action on (date): October 31, 2019
2. A copy of the judgment, decree, or order is attached to this notice.
Date: November 11, 2019
F. Gale Connor
(TYPE OR PRINT NAME OF & ATTORNEY (1 arty without attorney) (SIGNATURE)
Page
1 of 2
Form Approved for Optional Use wwrw.courtinfo.ca.gov
Judicial Council of California NOTICE OF ENTRY OF JUDGMENT OR ORDER
CIV-190 [New January 1, 2010]
CIV-130
PLAINTIFF/PETITIONER: City of Santa Clara CASE NUMBER:
19CV340508
DEFENDANT/RESPONDENT:
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER
(NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served
the notice must complete this proof of service.)
4 | am at least 18 years old and not a party to this action. | am a resident of or employed in the county where the mailing took
place, and my residence or business address is (specify):
351 California St., Suite 1110, San Francisco, CA 94104
| served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage
fully prepaid and (check one):
a & deposited the sealed envelope with the United States Postal Service.
6 O placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service.
The Notice of Entry of Judgment or Order was mailed:
a. on (date): November 11, 2019
b. from (city and state): San Francisco, CA
The envelope was addressed and mailed as follows:
a. Name of person served: Scott E. Jenny c. Name of person served:
Street address: 736 Ferry Street Street address:
City: Martinez City:
State and zip code: CA 94553 State and zip code:
Name of person served: Name of person served:
Street address: Street address:
City: City:
State and zip code: State and zip code:
(1 Names and addresses of additional persons served are attached. (You may use form POS-030(P).)
5. Number of pages attached 3.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 11, 2019
«
Janice Anderson
(TYPE OR PRINT NAME OF DECLARANT)
> S Sas (SIGNATURE OF DECLARANT)
Page
2 of 2
CIV-130 [New January 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER
Se
(re
Ay SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
p MINUTE ORDER
City of Santa Clara vs D,E, It Restaurants, Inc, Hearing Start Time: 10:00 AM
Hearing Type: Conference: Further Case
19CV340508 Management
Date of Hearing: 10/31/2019 Comments:
Heard By: Kirwan, Peter Location: Department 19
Courtroom Reporter: - No Court Reporter Courtroom Clerk: Ingrid C Stewart
Court Interpreter:
Court Investigator:
Parties Present: Future Hearings:
Connor, F Gale -Attorney
Jenny, Scatt Edward Attorney
Exhibits:
———
Continued for Trial Management Conference Status on December 20, 2019 at 10 a.m. in Dept. 19
Date is also reserved for any Motions that may be heard before the Trial.
isi
Printed: 10/31/2019 10/31/2019 Conference: Further Case Management- 19CV340508 Page lof 1
ie 7 SUPERIOR COURT OF CALIFORNIA
y
COUNTY OF SANTA CLARA
MINUTE ORDER
City of Santa Clara vs D.E. ll Restaurants, Inc. Hearing Start Time: 9:00 AM
19CV340508 Hearing Type: Motion: Order
Date of Hearing: 10/31/2019 Comments:
Heard By: Kirwan, Peter Location: Department 19
Courtroom Reporter: - No Court Reporter Courtroom Clerk: Ingrid C Stewart
Court Interpreter:
Court Investigator:
Parties Present: Future Hearings:
Connor, F Gale Attorney
Jenny, Scatt Edward Attorney
Exhibits:
perenne
- Hearing continued to 2 p.m, October 31.
Also present, Deft. Cross Comp. and Plaintiff/ Crass Deft. City Manager Ruth Shikada
Motion for Order granting Pre-Judgment Possession by Plaintiff City of Santa Clara is before the court.
The Court's tentative is to Deny the Motion and Set the Matter for Trial. The Parties do not object. Court
orders Motion DENIED WITHOUT PREJUDICE.
Court Trial is set as follows:
Set on _1/6__ /2020 at 8:45 AM in Department 19 for Court Trial.
Time estimate: __3__ Day(s)
Plaintiff s jury Defendant s jury. Jury Waived x,
Trial Counsel: for Plaintiff -__A/R. , for Defendant-___A/R.
Trial Management Conference specially set for _12/20__ /2019 at _9a.m. in Department 19.
Printed: 10/31/2019 10/31/2019 Motlon: Order - 19CV340S08 Page 1 of2
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
J
MINUTE ORDER
. ———
Printed: 10/31/2019 10/31/2019 Motion: Order - 19V340508 Page
2 of 2
Document Filed Date
November 12, 2019
Case Filing Date
January 02, 2019
Category
Eminent Domain/Inv Cond Unlimited (14)
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CIV-130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY |_F. Gale Connor (SB #131994 Miller Starr Regalia 351 California St., Suite 1110 San Francisco, CA 94104 TeLepHoNe No: 415-638-4800 FAX NO. (Optional): 415-371-1012 E-MAIL ADDRESS (Optional): gale.connor@msrlegal.com ATTORNEY FOR (Name): Plaintiff City of Santa Clara SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: City of Santa Clara DEFENDANT/RESPONDENT: D.E. II Restaurants, Inc., et al. NOTICE OF ENTRY OF JUDGMENT CASE NUMBER OR ORDER 19CV340508 (Check one): UNLIMITED CASE OO suited case (Amount demanded (Amount demanded was exceeded $25,000) $25,000 or less) TO ALL PARTIES : 1. Ajudgment, decree, or order was entered in this action on (date): October 31, 2019 2. A copy of the judgment, decree, or order is attached to this notice. Date: November 11, 2019 F. Gale Connor (TYPE OR PRINT NAME OF & ATTORNEY (1 arty without attorney) (SIGNATURE) Page 1 of 2 Form Approved for Optional Use wwrw.courtinfo.ca.gov Judicial Council of California NOTICE OF ENTRY OF JUDGMENT OR ORDER CIV-190 [New January 1, 2010] CIV-130 PLAINTIFF/PETITIONER: City of Santa Clara CASE NUMBER: 19CV340508 DEFENDANT/RESPONDENT: PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served the notice must complete this proof of service.) 4 | am at least 18 years old and not a party to this action. | am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify): 351 California St., Suite 1110, San Francisco, CA 94104 | served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): a & deposited the sealed envelope with the United States Postal Service. 6 O placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. The Notice of Entry of Judgment or Order was mailed: a. on (date): November 11, 2019 b. from (city and state): San Francisco, CA The envelope was addressed and mailed as follows: a. Name of person served: Scott E. Jenny c. Name of person served: Street address: 736 Ferry Street Street address: City: Martinez City: State and zip code: CA 94553 State and zip code: Name of person served: Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: (1 Names and addresses of additional persons served are attached. (You may use form POS-030(P).) 5. Number of pages attached 3. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 11, 2019 « Janice Anderson (TYPE OR PRINT NAME OF DECLARANT) > S Sas (SIGNATURE OF DECLARANT) Page 2 of 2 CIV-130 [New January 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER Se (re Ay SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA p MINUTE ORDER City of Santa Clara vs D,E, It Restaurants, Inc, Hearing Start Time: 10:00 AM Hearing Type: Conference: Further Case 19CV340508 Management Date of Hearing: 10/31/2019 Comments: Heard By: Kirwan, Peter Location: Department 19 Courtroom Reporter: - No Court Reporter Courtroom Clerk: Ingrid C Stewart Court Interpreter: Court Investigator: Parties Present: Future Hearings: Connor, F Gale -Attorney Jenny, Scatt Edward Attorney Exhibits: ——— Continued for Trial Management Conference Status on December 20, 2019 at 10 a.m. in Dept. 19 Date is also reserved for any Motions that may be heard before the Trial. isi Printed: 10/31/2019 10/31/2019 Conference: Further Case Management- 19CV340508 Page lof 1 ie 7 SUPERIOR COURT OF CALIFORNIA y COUNTY OF SANTA CLARA MINUTE ORDER City of Santa Clara vs D.E. ll Restaurants, Inc. Hearing Start Time: 9:00 AM 19CV340508 Hearing Type: Motion: Order Date of Hearing: 10/31/2019 Comments: Heard By: Kirwan, Peter Location: Department 19 Courtroom Reporter: - No Court Reporter Courtroom Clerk: Ingrid C Stewart Court Interpreter: Court Investigator: Parties Present: Future Hearings: Connor, F Gale Attorney Jenny, Scatt Edward Attorney Exhibits: perenne - Hearing continued to 2 p.m, October 31. Also present, Deft. Cross Comp. and Plaintiff/ Crass Deft. City Manager Ruth Shikada Motion for Order granting Pre-Judgment Possession by Plaintiff City of Santa Clara is before the court. The Court's tentative is to Deny the Motion and Set the Matter for Trial. The Parties do not object. Court orders Motion DENIED WITHOUT PREJUDICE. Court Trial is set as follows: Set on _1/6__ /2020 at 8:45 AM in Department 19 for Court Trial. Time estimate: __3__ Day(s) Plaintiff s jury Defendant s jury. Jury Waived x, Trial Counsel: for Plaintiff -__A/R. , for Defendant-___A/R. Trial Management Conference specially set for _12/20__ /2019 at _9a.m. in Department 19. Printed: 10/31/2019 10/31/2019 Motlon: Order - 19CV340S08 Page 1 of2 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA J MINUTE ORDER . ——— Printed: 10/31/2019 10/31/2019 Motion: Order - 19V340508 Page 2 of 2