On October 25, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Kim Thuy Ho,
Nghia Nguyen,
San Francisco Pizza, Inc,
Tan Nguyen,
and
Aquatek Plumbing Inc,
David Alvarado,
Joany Yuin,
Joseph Nguyen,
Khanh Cao Huu,
Lap T Tang,
Matrix Association Management,
Michael Johnson,
Ngoc Bui,
Vietnam Town Condominium Owners Association, Inc,
for Other Real Property Unlimited (26)
in the District Court of Santa Clara County.
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Nicholas A. Rogers, California Bar No. 248900
Daniel S. LaCount, California Bar No. 244306
BERDING & WEIL LLP
2175 N. California Blvd, Suite 500
Walnut Creek, California 94596
Telephone: 925/838-2090
Facsimile: 925/820-5592
nrogers@berdingweil.com
dlacount@berdingweil.com
Attorneys for Defendants
VIETNAM TOWN CONDOMINIUM OWNERS
ASSOCIATION, INC.; JOSEPH NGUYEN;
KHANH CAO HUU; and JOANY YUIN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA – UNLIMITED CIVIL
SAN FRANCISCO PIZZA, INC., TAN No. 17CV318151
NGUYEN, NGHIA NGUYEN and KIM
THUY HO, DEFENDANTS NOTICE AND MOTION
TO COMPEL DISCOVERY AND
Plaintiffs, REQUEST FOR SANCTIONS OF
AGAINST PLAINTIFFS TAN
NGUYEN, NGHIA NGUYEN AND KIM
THUY HO AND THEIR COUNSEL
VIETNAM TOWN CONDOMINIUM ATTORNEY ROBERT T. TANG
OWNERS ASSOCIATION, INC.; MATRIX
ASSOCIATION MANAGEMENT; JOSEPH
NGUYEN, an Individual; KHANH CAO Date: November 29, 2018
HUU, an Individual; JOANY YUIN, an Time: 9:00 a.m.
Individual; NGOC BUI, an Individual; LAP Dept.: 19
T. TANG, an Individual; MICHAEL
JOHNSON, an Individual; DAVID
ALVARADO, an Individual; and DOES 1 Action Filed: October 25, 2017
through 50 inclusive, Trial Date: None
Defendants.
PLEASE TAKE NOTICE that on November 29, 2018, at 9:00 a.m. or as soon thereafter
as the matter may be heard in Department 19 of the above-entitled court, located at 161 North
First Street, San Jose, California 95113, Defendants VIETNAM TOWN CONDOMINIUM
OWNERS ASSOCIATION, INC.; JOSEPH NGUYEN;KHANH CAO HUU; and JOANY YUIN
(collectively referred to herein as “Defendants”), will and hereby do move the Court for an order
compelling Plaintiffs TAN NGUYEN, NGHIA NGUYEN and KIM THUY HO (collectively
BERDING & WEIL LLP
2175 N California Blvd Suite 500
Walnut Creek, California 94596
NOTICE OF MOTION TO COMPEL WRITTEN DISCOVERY
referred to herein as “Individual Plaintiffs”) to provide further responses to written discovery set
forth in the Statement of Interrogatories and Responses in Dispute filed with this motion.
Defendants will, and hereby do, also move the Court for an order that Individual Plaintiffs and
their counsel Robert T. Tang pay the sum of $3,560.00. as the reasonable costs and attorneys’
fees incurred by Defendants for these proceedings. This motion is made on the ground that
Defendants have propounded written discovery relevant to the subject matter of the action and
Individual Plaintiffs’ have refused to answer or to answer fully this is written discovery is
without substantial justification.
This Motion is based upon this pleading; upon the Memorandum of Points and
10 Authorities filed herewith; upon the Separate Statement pursuant to Rule 3.1345; upon the
11 Declaration of Daniel S. LaCount, filed herewith, and all exhibits appended thereto; and upon the
12 records and files of the Court in this action, and upon such further evidence and argument as may
13 be presented prior to or at the time of the hearing on the within motion.
14
15 Date: September 10, 2018 BERDING & WEIL LLP
16
By:____________________________________
17 Nicholas A. Rogers
Daniel S. LaCount
18 Attorneys for Defendants
VIETNAM TOWN CONDOMINIUM
19 OWNERS ASSOCIATION, INC.; JOSEPH
NGUYEN; KHANH CAO HUU; and JOANY
20 YUIN
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BERDING & WEIL LLP
2175 N California Blvd Suite 500
Walnut Creek, California 94596
NOTICE OF MOTION TO COMPEL WRITTEN DISCOVERY
Document Filed Date
September 10, 2018
Case Filing Date
October 25, 2017
Category
Other Real Property Unlimited (26)
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Nicholas A. Rogers, California Bar No. 248900 Daniel S. LaCount, California Bar No. 244306 BERDING & WEIL LLP 2175 N. California Blvd, Suite 500 Walnut Creek, California 94596 Telephone: 925/838-2090 Facsimile: 925/820-5592 nrogers@berdingweil.com dlacount@berdingweil.com Attorneys for Defendants VIETNAM TOWN CONDOMINIUM OWNERS ASSOCIATION, INC.; JOSEPH NGUYEN; KHANH CAO HUU; and JOANY YUIN SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA – UNLIMITED CIVIL SAN FRANCISCO PIZZA, INC., TAN No. 17CV318151 NGUYEN, NGHIA NGUYEN and KIM THUY HO, DEFENDANTS NOTICE AND MOTION TO COMPEL DISCOVERY AND Plaintiffs, REQUEST FOR SANCTIONS OF AGAINST PLAINTIFFS TAN NGUYEN, NGHIA NGUYEN AND KIM THUY HO AND THEIR COUNSEL VIETNAM TOWN CONDOMINIUM ATTORNEY ROBERT T. TANG OWNERS ASSOCIATION, INC.; MATRIX ASSOCIATION MANAGEMENT; JOSEPH NGUYEN, an Individual; KHANH CAO Date: November 29, 2018 HUU, an Individual; JOANY YUIN, an Time: 9:00 a.m. Individual; NGOC BUI, an Individual; LAP Dept.: 19 T. TANG, an Individual; MICHAEL JOHNSON, an Individual; DAVID ALVARADO, an Individual; and DOES 1 Action Filed: October 25, 2017 through 50 inclusive, Trial Date: None Defendants. PLEASE TAKE NOTICE that on November 29, 2018, at 9:00 a.m. or as soon thereafter as the matter may be heard in Department 19 of the above-entitled court, located at 161 North First Street, San Jose, California 95113, Defendants VIETNAM TOWN CONDOMINIUM OWNERS ASSOCIATION, INC.; JOSEPH NGUYEN;KHANH CAO HUU; and JOANY YUIN (collectively referred to herein as “Defendants”), will and hereby do move the Court for an order compelling Plaintiffs TAN NGUYEN, NGHIA NGUYEN and KIM THUY HO (collectively BERDING & WEIL LLP 2175 N California Blvd Suite 500 Walnut Creek, California 94596 NOTICE OF MOTION TO COMPEL WRITTEN DISCOVERY referred to herein as “Individual Plaintiffs”) to provide further responses to written discovery set forth in the Statement of Interrogatories and Responses in Dispute filed with this motion. Defendants will, and hereby do, also move the Court for an order that Individual Plaintiffs and their counsel Robert T. Tang pay the sum of $3,560.00. as the reasonable costs and attorneys’ fees incurred by Defendants for these proceedings. This motion is made on the ground that Defendants have propounded written discovery relevant to the subject matter of the action and Individual Plaintiffs’ have refused to answer or to answer fully this is written discovery is without substantial justification. This Motion is based upon this pleading; upon the Memorandum of Points and 10 Authorities filed herewith; upon the Separate Statement pursuant to Rule 3.1345; upon the 11 Declaration of Daniel S. LaCount, filed herewith, and all exhibits appended thereto; and upon the 12 records and files of the Court in this action, and upon such further evidence and argument as may 13 be presented prior to or at the time of the hearing on the within motion. 14 15 Date: September 10, 2018 BERDING & WEIL LLP 16 By:____________________________________ 17 Nicholas A. Rogers Daniel S. LaCount 18 Attorneys for Defendants VIETNAM TOWN CONDOMINIUM 19 OWNERS ASSOCIATION, INC.; JOSEPH NGUYEN; KHANH CAO HUU; and JOANY 20 YUIN 21 22 23 24 X:\Wdocs\8472\92\PLD\00956229.DOCX 25 26 27 28 BERDING & WEIL LLP 2175 N California Blvd Suite 500 Walnut Creek, California 94596 NOTICE OF MOTION TO COMPEL WRITTEN DISCOVERY