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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e
FILED
GERALD LAU (SBN 209301)
PRUDENTIA LAW CORPORATION
533 Airport Blvd., Suite 400
Burlingame, CA 94010
XY Dike PH 1: Od
Telephone:
Facsimile:
(650) 268-8128
(650) 434-5688 ON pap
7G
K OF
RIG The
ze OU RT
Email: gerald@prudentialaw.com ACL ARCA
PY
Attorneys for Defendant bay
Vietnam Town Condominium Owners Association “~~
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10 SAN FRANCISCO PIZZA INC., TAN CASE NO. 17CV318151
NGUYEN, NGHIA NGUYEN, and KIM
11 THUY HO DECLARATION OF DAVID ALVARADO
IN OPPOSITION TO PLAINTIFFS’ EX
—_ 12 Plaintiff/Petitioner, PARTE APPLICATION FOR A TRO AND
be AN OSC TO SHOW CAUSE RE
&me 13 Vv. PRELIMINARY INJUNCTION
14 VIETNAM TOWN CONDOMINIUM Date: November 6, 2017
pe OWNERS ASSOCIATION, MATRIX
ez 15 ASSOCIATION MANAGEMENT, Time: 9AM
fet JOSEPH NGUYEN, LAP T. TANG,
16 MICHAEL JOHNSON, DAVID Dept. TBD
ALVARADO, and Does 1 thru 10,
17 inclusive Judge: TBD
18 Defendants/Respondents
19
20 I, David Alvarado, declare:
21 1 I was formerly an employee of Matrix Property Management, the property manager
22 for Vietnam Town. I am no longer with the company.
23 2. Lam a named Defendant in the above-referenced case.
24 3 The matters stated herein are known to me personally, and if called and sworn as a
25 witness I could competently testify thereto.
26 4 I did not ever inform any of the Plaintiffs, or anyone else, either orally or in writing,
27 that 9015 was approved for restaurant use.
28
-1-
DECLARATION or Davip ALVARADO.
e e
5 I did not have authorityto approve any change of use, because the Board of Directors
(the “Board”) of the Vietnam Town Condominium Owners Association (the “Association”) has to
approve it.
6 To my knowledge, 9015 never submitted a formal request to the Board for a change
of use.
7. I did not ever inform Plaintiffs or anyone else, either orally or in writing, that
Plaintiffs’ installation of a gas meter was approved by the Association.
8 I knew I did not have the authority to make such an approval, but only the Board
could approve it.
10 9 I did not ever inform Plaintiffs or anyone else, either orally or in writing, that
11 Plaintiffs were approved to tap into the gas lines of neighboring units.
mee 12 10. I did not know that they were going to tap into other units’ gas lines, I would have
Ee
Ze 13 told them not to do that if had known.
We
14 ll. J did not ever inform Plaintiffs or anyone else, either orally or in writing, that they
me
pee 15 were approved to use gas in their unit 9015.
©
16 12. I did not ever inform Plaintiffs or anyone else, cither orally or in writing, that the
17 sign Plaintiffs put on the building above their unit was approved.
18 13, I knew I did not have the authority to make such an approval, but only the Board
19 could approve it.
20 14. I did not ever inform the Plaintiffs or anyone else, either orally or in writing, that
21 Plaintiffs’ plans for 9015 were approved,
22 15. I knew I did not have the authority to make such an approval, but only the Board
23 could approve it.
24 16. If this injunction is granted, it will send a message to other owners of the units that
25. they can ignore and violate the CC&Rs and the rights of neighboring owners, which will cause
26 tremendous damage to all of Vietnam Town.
27
28
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DECLARATION OF DAVID ALVARADO
e @
17, Ideclare under penalty of perjury under the Jaws of the State of California that the
} foregoing is tue and.correct, and that this declaration was executed at San Pablo, California on
November 1,.2017,
aS,
David Alvarado
10
YW
ot, 12
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l¢
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16
17
18
19
20.
21
28
27
28 -3-
DECLARATION
OF DAVID ALVARADO:
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e FILED GERALD LAU (SBN 209301) PRUDENTIA LAW CORPORATION 533 Airport Blvd., Suite 400 Burlingame, CA 94010 XY Dike PH 1: Od Telephone: Facsimile: (650) 268-8128 (650) 434-5688 ON pap 7G K OF RIG The ze OU RT Email: gerald@prudentialaw.com ACL ARCA PY Attorneys for Defendant bay Vietnam Town Condominium Owners Association “~~ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 SAN FRANCISCO PIZZA INC., TAN CASE NO. 17CV318151 NGUYEN, NGHIA NGUYEN, and KIM 11 THUY HO DECLARATION OF DAVID ALVARADO IN OPPOSITION TO PLAINTIFFS’ EX —_ 12 Plaintiff/Petitioner, PARTE APPLICATION FOR A TRO AND be AN OSC TO SHOW CAUSE RE &me 13 Vv. PRELIMINARY INJUNCTION 14 VIETNAM TOWN CONDOMINIUM Date: November 6, 2017 pe OWNERS ASSOCIATION, MATRIX ez 15 ASSOCIATION MANAGEMENT, Time: 9AM fet JOSEPH NGUYEN, LAP T. TANG, 16 MICHAEL JOHNSON, DAVID Dept. TBD ALVARADO, and Does 1 thru 10, 17 inclusive Judge: TBD 18 Defendants/Respondents 19 20 I, David Alvarado, declare: 21 1 I was formerly an employee of Matrix Property Management, the property manager 22 for Vietnam Town. I am no longer with the company. 23 2. Lam a named Defendant in the above-referenced case. 24 3 The matters stated herein are known to me personally, and if called and sworn as a 25 witness I could competently testify thereto. 26 4 I did not ever inform any of the Plaintiffs, or anyone else, either orally or in writing, 27 that 9015 was approved for restaurant use. 28 -1- DECLARATION or Davip ALVARADO. e e 5 I did not have authorityto approve any change of use, because the Board of Directors (the “Board”) of the Vietnam Town Condominium Owners Association (the “Association”) has to approve it. 6 To my knowledge, 9015 never submitted a formal request to the Board for a change of use. 7. I did not ever inform Plaintiffs or anyone else, either orally or in writing, that Plaintiffs’ installation of a gas meter was approved by the Association. 8 I knew I did not have the authority to make such an approval, but only the Board could approve it. 10 9 I did not ever inform Plaintiffs or anyone else, either orally or in writing, that 11 Plaintiffs were approved to tap into the gas lines of neighboring units. mee 12 10. I did not know that they were going to tap into other units’ gas lines, I would have Ee Ze 13 told them not to do that if had known. We 14 ll. J did not ever inform Plaintiffs or anyone else, either orally or in writing, that they me pee 15 were approved to use gas in their unit 9015. © 16 12. I did not ever inform Plaintiffs or anyone else, cither orally or in writing, that the 17 sign Plaintiffs put on the building above their unit was approved. 18 13, I knew I did not have the authority to make such an approval, but only the Board 19 could approve it. 20 14. I did not ever inform the Plaintiffs or anyone else, either orally or in writing, that 21 Plaintiffs’ plans for 9015 were approved, 22 15. I knew I did not have the authority to make such an approval, but only the Board 23 could approve it. 24 16. If this injunction is granted, it will send a message to other owners of the units that 25. they can ignore and violate the CC&Rs and the rights of neighboring owners, which will cause 26 tremendous damage to all of Vietnam Town. 27 28 -2- DECLARATION OF DAVID ALVARADO e @ 17, Ideclare under penalty of perjury under the Jaws of the State of California that the } foregoing is tue and.correct, and that this declaration was executed at San Pablo, California on November 1,.2017, aS, David Alvarado 10 YW ot, 12 ZiBud 13 l¢ ede es © 16 17 18 19 20. 21 28 27 28 -3- DECLARATION OF DAVID ALVARADO: