Preview
Phil Foster (SBN 262120)
TOUR-SARKISSIAN LAW OFFICES, LLP
211 Gough Street, Third Floor
San Francisco, CA 94102
(415) 626-7744 telephone
(415) 626-8189 facsimile
phil@tslo.com
Attorneys for Respondent
JEANNE KWONG
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
07/02/2018
Clerk of the Court
BY: MICHAEL RAYRAY
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PROBATE DIVISION
JENNIFER SHUK-HAN KWOK,
Petitioner,
v.
JEANNE KWONG, individually and as a
former trustee of the Stan Kwong Irrevocable
Trust Il,
Respondent.
AND RELATED CROSS-PETITIONS.
Case No. PES-10-293505
RESPONDENT JEANNE KWONG’S
REQUEST FOR JUDICIAL NOTICE IN
OPPOSITION TO MOTION TO TAX COSTS
Date: July 18, 2018
Wednesday
Time: 2:00 PM
Dept. 204
Location: 400 McAllister Street
San Francisco, CA 94102
Judge: Hon. John K. Stewart
Action filed: 5/12/2010
Dismissed: 5/23/2018
Pursuant to Evid. Code § 452, Respondent Jeanne Kwong respectfully requests that the Court
take judicial notice of the following records of this Court, true and correct copies of which are attached
hereto as follows:
1
RESPONDENT JEANNE KWONG’S REQUEST FOR JUDICIAL NOTICE IN
OPPOSITION TO MOTION TO TAX COSTSExhibit “A”
Exhibit “B”
Exhibit “C”
July 2, 2018.
Order Granting Motion To Dismiss For Failure To Bring Case To Trial entered
on 5/22/2018 in this case entitled In re Stan Kwong Irrevocable Trust I,
Superior Court of San Francisco, Case No. PES-10-293505;
Notice of Entry of Order Granting Motion To Dismiss For Failure To Bring
Case To Trial filed on 5/23/2018 in this case entitled In re Stan Kwong
Irrevocable Trust IT, Superior Court of San Francisco, Case No. PES-10-293505;
Memorandum of Costs filed on 5/23/2018 by Respondent Jeanne Kwong in this
case entitled Jn re Stan Kwong Irrevocable Trust II, Superior Court of San
Francisco, Case No. PES-10-293505.
TOUR- ISHIAN LAW OFFICES, LLP
By:
PHIL FOSTER
Attorneys for Respondent
JEANNE KWONG
2
RESPONDENT JEANNE KWONG’S REQUEST FOR JUDICIAL NOTICE IN
OPPOSITION TO MOTION TO TAX COSTSExhibit “A”Phil Foster (SBN 262120)
TOUR-SARKISSIAN LAW OFFICES, LLP i
211 Gough Street, Third Floor San Francisco County Superior Court
San Francisco, CA 94102 .
(415) 626-7744 telephone WAY 22 2018
(415) 626-8189 facsimile CLERK OF THE COURT
phil@tslo.com : ey. beer
Attorneys for Respondent
JEANNE KWONG
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PROBATE DIVISION
JENNIFER SHUK-HAN KWOK, Case No. PES-10-293505
Petitioner,
R GRANTING MOTION TO DISMISS
v. FOR FAILURE TO BRING CASE TO TRIAL
JEANNE KWONG, individually and as a [Code Civ. Proc. § 583.310]
former trustee of the Stan Kwong Irrevocable [Code Civ. Proc. § 583.360(a)]
‘Trust II,
Date: May 9, 2018
Respondent. Wednesday
Time: 2:00 PM
Dept. 204
Location: 400 McAllister Street
San Francisco, CA 94102
Judge: Hon. John K. Stewart
Action filed: May 12, 2010
AND RELATED CROSS-PETITIONS. Trial date: not set
The Motion To Dismiss For Failure To Bring Case To Trial filed by Respondent Jeanne Kwong
came on regularly for hearing in this department on the date shown above. Petitioner Jennifer Shuk-
Han Kwok appeared through counsel Daniel T. Bernhard and Douglas Robbins. Respondent Jeanne
1
ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIALoO Om ND
oN my
Kwong appeared through counsel Phil Foster. Respondent Gary Wong appeared through counsel
Edward Zusman and Elliott Rector. Respondent Feng Ouyang appeared through counsel Richard
Bryan.
Having read the papers in support of and opposition to the motion, and having heard the
arguments of counsel, with good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss for
Failure to Bring Case to Trial is GRANTED under CCP § 583.360. The statutory time limit in which
to commence trial on this petition was extended by written stipulption to no later than June 26, 2017,
and potentially by oral stipulation on the record to September 25, bor. The plain meaning of the last
stipulation between the parties continuing the trial date does not expressly waive Respondent’s right to
bring a motion to dismiss, nor does it extend the statutory time limit indefinitely. Petitioner has not
met the burden to show by clear and convincing evidence that the statutory time limit was further tolled
due to impossibility, futility, or impracticality. Petitioner has not shown that she acted with due
diligence to bring this case to trial at all stages of the proceeding; Peto’ papers show that she was
aware that the extended statutory time limit in which to commence trial had run, and yet did not seek to
specially set the petition for trial until after this Motion to Disnliss was filed. There is insufficient
|
showing that Respondent is equitably estopped from bringing this Motion to Dismiss.
vant: SQUIB. Te Lf Vee
HON. JOHN K. STEWART
JUDGE OF THE SUPERIOR COURT
1
i
2 I
ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIALExhibit “B”CIV-130.
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and adchess) FOR COURT USE ONLY
Phil Foster (SBN 262120)
“Tour-Sarkissian Law Offices, LLP
211 Gough Street, 3rd Floor ~
Sy ELECTRONICALLY
San Francisco, CA 94102 e ILED
TELEPHONENO: (415) 626-7744 FAXNO.(Optione('4 15) 626-8189 Pree
ews. sores oe phill@tslo.com icaumtsesnenponce |
arvoRNey FoR woner: Respondent JEANNE KWONG 05 723 /2018
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO. Clerk of the Court
STREET ADDRESS: 40 McAllister Street BY:ALISON AGBAY
MAILING ADDRESS: 4()() McAllister Street Deputy Clerk
ciryanpzipcone: San Francisco, CA 94102
BRANCHNAME: Civic Center Courthouse:
PLAINTIFF/PETITIONER: JENNIFER SHUK-HAN KWOK
DEFENDANT/RESPONDENT: JEANNE.K WONG
NOTICE OF ENTRY OF JUDGMENT ee
OR ORDER PES-10-293505
(Check one): UNLIMITED CASE Co LIMITED CASE
(Amount demanded (Amount demanded was.
exceeded $25,000) $25,000 or less)
TO ALL PARTIES :
4. Ajudgment, decree, or order was entered in this action on (date): May 22, 2018
2. Acopy of the judgment, decree, or order is attached to this notice.
Date: May 23, 2018 ere
PHIL FOSTER » fer
(YPEOR PRINT NAME OF [yi] ATTORNEY [__] PARTY WmTHOUT ATTORNEY) (SIGNATURE
Page 1 of2
ils BH
Form Approved for Optional Use
ee NOTICE OF ENTRY OF JUDGMENT OR ORDER
CIV-130 Now January 1, 2040)CIV-130
CASE NUMBER
PLAINTIFF/PETITIONER: JENNIFER SHUK-HAN KWOK
PES-10-293505
DEFENDANT/RESPONDENT: JEANNE KWONG, et al.
PROOF OF SERVICE BY FIRST-CLASS MAIL.
NOTICE OF ENTRY OF JUDGMENT OR ORDER
(NOTE: You cannot serve the Notice of Entry of Judgment of Order if you are a party in the action. The person who served
the notice must complete this proof of service.)
4. Lam 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):
io] 211 Gough Street, 3rd Floor, San Francisco, CA 94102
: 2. I served a copy of the Notice of Entry of Judgment or Order by enclosing it ina sealed envelope with postage
: fully prepaid and (check one):
a. ] deposited the sealed envelope with the United States Postal Service.
b. [¥] 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, itis
deposited in the ordinary course of business with the United States Postal Service.
3. The Notice of Entry of Judgment or Order was mailed:
a. on (date): 05-23-2018
b. trom (city and state): San Francisco, CA 94102
4. The envelope was addressed and mailed as follows:
a. Name of person served: c. Name of person served:
SEE ATTACHED SERVICE LIST ‘SEE ATTACHED SERVICE LIST
Street address: Street address
| City: City:
State and zip code: State and zip code:
b. Name of person served: d. Name of person served:
Street address: Street address:
City: City:
State and zip code: State and zip code:
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: May 23, 2018
wo
PHIL FOSTER y “ . ie
(TYPE OR PRINT NAME OF DECLARANT) {SIGNATURE OF DECLARANT)
Page 202
‘CIN-130 {New January 1, 2070] NOTICE OF ENTRY OF JUDGMENT OR ORDER24
25
SERVICE LIST
Daniel Bernhard
Freeland Cooper & Foreman, LLP
150 Spear Street, Suite 1800
San Francisco, CA 94105
Attorneys for Respondent JENNIFER SHUK-HAN KWOK
B. Douglas Robbins
Wood Robbins LLP
One Post Street, Suite 800
San Francisco, CA 94104
Attorneys for Respondent JENNIFER SHUK-HAN KWOK
Edward Zusman
Markun Zusman & Compton LLP
465 California Street, Sth Floor
San Francisco, CA 94104
Attorneys for Respondent GARY WONG
Richard Bryan
Bryan Hinshaw, PC
425 California Street, Suite 300
San Francisco, CA 94104
Attorneys for Respondent FENG OUYANG
PROOF OF SERVICEPhil Foster (SBN 262120)
TOUR-SARKISSIAN LAW OFFICES, LLP
211 Gough Street, Third Floor
San Francisco, CA 94102
(415) 626-7744 telephone
(415) 626-8189 facsimile
phil@tslo.com
Attorneys for Respondent
JEANNE KWONG
oN
San Francisco County Suparlor Court
MAY 2 2018
CLERK OF THE COURT
BY. Vite
i
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PROBATE DIVISION
JENNIFER SHUK-HAN KWOK, Case No, PES-10-293505
Petitioner, By
ORDER GRANTING MOTION TO DISMISS
v. FOR FAILURE TO BRING CASE TO TRIAL
JEANNE KWONG, individually and as a
former trustee of the Stan Kwong Irrevocable
‘Trust II,
Respondent.
AND RELATED CROSS-PETITIONS.
[Code Civ. Proc. § 583.310]
[Code Civ. Proc. § 583.360(a)]
Date: May 9, 2018
Wednesday
Time: 2:00 PM.
Dept. 204
Location: 400 McAllister Street
San Francisco, CA. 94102
Judge: Hon. John K. Stewart
Action filed: May 12, 2010
| ‘Erial date: not set
The Motion To Dismiss For Failure To.Bring Case To Trial filed by Respondent Jeanne Kwong
came on regularly for hearing i
in this department on the date shown above. Petitioner Jennifer Shuk-
Wan Kwok appeared through counsel Daniel T. Bernhard and Douglas Robbins. Respondent Jeanne
1
ORDER GRANTING MOTION TO DISMISS FOR FAILURE ‘TO BRING CASE TO TRIAL,aA np w
Kwong appeared through counsel Phil Foster. Respondent Gary Weng appeared through counsel
Edward Zusman and Elliott Rector. Respondent Feng Ouyang appeared through counsel Richard
Bryan.
Waving read the papers in support of and opposition to the motion, and having heard the
arguments of counsel, with good cause appearing therefor,
ITIS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss for
Failure to Bring Case to Trial is GRANTED under CCP § 583.360. The statutory time limit in which
to commence trial on this petition was extended by written stipulation to no later than June 26, 2017,
and potentially by oral stipulation on the record to September 25,017 .. The plain meaning of the last
stipulation between the parties continuing the trial date does not cspesly waive Respondent’s right to
bring 2 motion to dismiss, nor does it extend the statutory time limit indefinitely, Petitioner has not
met the burden to show by clear and convincing evidence that the statutory time limit was further tolled
due to impossibility, futility, or impracticality. Petitioner has not shown that she acted with due
diligence to bring this case to trial at all stages of the proceeding; rn. papers show that she was
aware that the extended statutory time limit in which to commence trial had run, and yet did not seek to
specially set the petition for trial until after this Motion to Dismiss was filed. There is insufficient
i
showing that Respondent is equitably estopped from bringing this Motion to Dismiss.
Dated: 5) QLpLE. Pe L S24
HON. JOHN IK. STEWART
JUDGE OF THE SUPERIOR COURT
2
ORDER GRANTING MOTION TO DISMISS FOR FAILURE 10 BRING CASE TO TRIALExhibit “C”MC-010
[ATTORNEY OR PARTY VATHOUT ATTORNEY STATE GAR NUMBER 262120 FOR COURT USE ONLY
name: Phil Foster
FIRMNAME: TOUR-SARKISSIAN LAW OFFICES, LLP
STREET ADORESS: 214 Gough Street, 3rd Floor
env: San Francisco STATE CA zipcove: 84102
TELEPHONE NO. (415) 626-7744 FAK NO: (415) 626-8189
E-MaKADORESS. phil@tslo.com
JATTORNEY FOR (name): Respondent JEANNE KVVONG
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllister Street
MAILING ADoRESS: 400 MoAllister Street
city ano zip cove: San Francisco, CA 94102
BRANCH NAME: Civic Center Courthouse
PLAINTIFF: JENNIFER SHUK-HAN KWOK
DEFENDANT: JEANNE KWONG, et al.
‘CASE NUMBER:
MEMORANDUM OF COSTS (SUMMARY) PES-10-293508
The following costs are requested: TOTALS
1. Filing and motion fees 1,645.00
2. Jury fees
Jury food and lodging
7,335.59
380.00
Deposition costs
Service of process
Surety bond premiums
1,320.00
3
4.
6.
6. Attachment expenses
7.
8. Witness fees
9.
Court-ordered transcripts
SHH HB HH
10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court
determination; otherwise a noticed motion is required)
11. Court reporter fees as established by statute
12. Models, enlargements, and photocopies of exhibits 875.64
13. Interpreter fees
14. Fees for electronic filing or service 510.00
15. Fees for hosting electronic documents
eee eee
16. Other
TOTAL COSTS. $ 12,066.23
Jam the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct,
and these costs were necessarily incurred in this case.
Date: 05-23-2018
PHIL FOSTER »
GEE GR PNT ne) SiaaTERE OF BECCARY
(Proof of service on reverse) Page 4062
Satie! Couche Caonsa MED MEMORANDUM OF COSTS (SUMMARY) Comet at 8
Rov. September 1, 2037],SHORT TITLE CASE NUMBER: 7 ann
Kwok v. Kwong, et al, PES-10-293505
MAILING [_] PERSONAL DELIVERY
1, Atthe time of mailing or personal delivery, | was al least 18 years of age and not a party to this legal action.
2. My residence or business address is (specify):
211 Gough Street, 3rd Floor, San Francisco, CA 94102
3. I mailed or personally delivered a copy of the Memorandum of Costs (Summary) as follows (complete either a or b):
a. [X] Mail. | am a resident of or employed in the county where the mailing occurred.
(1) lenclosed a copy in an envelope AND
(a) [77] deposited the sealed envelope with the United States Postal Service with the postage fully prepaid
(b) placed the envelope {or collection and mailing on the date and at the place shown in items below following
our ordinary business practices. | am readily familiar with this business’ practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Name of person served: SEE ATTACHED SERVICE LIST
(b) Address on envelope:
SEE ATTACHED SERVICE LIST
(c)_ Date of mailing: 05-23-2018
()_ Place of mailing (city and state): San Francisco, CA 94102
b. [[_] Personal delivery. | personally delivered a copy as follows:
(1) Name of person served:
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
{ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 05-23-2018 Zi, f
PHIL FOSTER > en OF aiote
ot eo (TYPE OF PRINT NAME) (SIGNATURE OF DECLARANT)
Page 2 of 2
EGHO Ren Spiers 2617 MEMORANDUM OF COSTS (SUMMARY)SERVICE LIST
Daniel Bernhard
Freeland Cooper & Foreman, LLP
150 Spear Street, Suite 1800
San Francisco, CA 94105
Attorneys for Respondent JENNIFER SHUK-HAN KWOK
B. Douglas Robbins
Wood Robbins LLP
One Post Street, Suite 800
San Francisco, CA 94104
Attorneys for Respondent JENNIFER SHUK-HAN KWOK
Edward Zusman
Markun Zusman & Compton LLP
465 California Street, Sth Floor
San Francisco, CA 94104
Attorneys for Respondent GARY WONG
Richard Bryan
Bryan Hinshaw, PC
425 California Street, Suite 300
San Francisco, CA 94104
Attorneys for Respondent FENG OUYANG
PROOF OF SERVICE
Preview
Phil Foster (SBN 262120) TOUR-SARKISSIAN LAW OFFICES, LLP 211 Gough Street, Third Floor San Francisco, CA 94102 (415) 626-7744 telephone (415) 626-8189 facsimile phil@tslo.com Attorneys for Respondent JEANNE KWONG ELECTRONICALLY FILED Superior Court of California, County of San Francisco 07/02/2018 Clerk of the Court BY: MICHAEL RAYRAY Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PROBATE DIVISION JENNIFER SHUK-HAN KWOK, Petitioner, v. JEANNE KWONG, individually and as a former trustee of the Stan Kwong Irrevocable Trust Il, Respondent. AND RELATED CROSS-PETITIONS. Case No. PES-10-293505 RESPONDENT JEANNE KWONG’S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTION TO TAX COSTS Date: July 18, 2018 Wednesday Time: 2:00 PM Dept. 204 Location: 400 McAllister Street San Francisco, CA 94102 Judge: Hon. John K. Stewart Action filed: 5/12/2010 Dismissed: 5/23/2018 Pursuant to Evid. Code § 452, Respondent Jeanne Kwong respectfully requests that the Court take judicial notice of the following records of this Court, true and correct copies of which are attached hereto as follows: 1 RESPONDENT JEANNE KWONG’S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTION TO TAX COSTSExhibit “A” Exhibit “B” Exhibit “C” July 2, 2018. Order Granting Motion To Dismiss For Failure To Bring Case To Trial entered on 5/22/2018 in this case entitled In re Stan Kwong Irrevocable Trust I, Superior Court of San Francisco, Case No. PES-10-293505; Notice of Entry of Order Granting Motion To Dismiss For Failure To Bring Case To Trial filed on 5/23/2018 in this case entitled In re Stan Kwong Irrevocable Trust IT, Superior Court of San Francisco, Case No. PES-10-293505; Memorandum of Costs filed on 5/23/2018 by Respondent Jeanne Kwong in this case entitled Jn re Stan Kwong Irrevocable Trust II, Superior Court of San Francisco, Case No. PES-10-293505. TOUR- ISHIAN LAW OFFICES, LLP By: PHIL FOSTER Attorneys for Respondent JEANNE KWONG 2 RESPONDENT JEANNE KWONG’S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTION TO TAX COSTSExhibit “A”Phil Foster (SBN 262120) TOUR-SARKISSIAN LAW OFFICES, LLP i 211 Gough Street, Third Floor San Francisco County Superior Court San Francisco, CA 94102 . (415) 626-7744 telephone WAY 22 2018 (415) 626-8189 facsimile CLERK OF THE COURT phil@tslo.com : ey. beer Attorneys for Respondent JEANNE KWONG SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PROBATE DIVISION JENNIFER SHUK-HAN KWOK, Case No. PES-10-293505 Petitioner, R GRANTING MOTION TO DISMISS v. FOR FAILURE TO BRING CASE TO TRIAL JEANNE KWONG, individually and as a [Code Civ. Proc. § 583.310] former trustee of the Stan Kwong Irrevocable [Code Civ. Proc. § 583.360(a)] ‘Trust II, Date: May 9, 2018 Respondent. Wednesday Time: 2:00 PM Dept. 204 Location: 400 McAllister Street San Francisco, CA 94102 Judge: Hon. John K. Stewart Action filed: May 12, 2010 AND RELATED CROSS-PETITIONS. Trial date: not set The Motion To Dismiss For Failure To Bring Case To Trial filed by Respondent Jeanne Kwong came on regularly for hearing in this department on the date shown above. Petitioner Jennifer Shuk- Han Kwok appeared through counsel Daniel T. Bernhard and Douglas Robbins. Respondent Jeanne 1 ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIALoO Om ND oN my Kwong appeared through counsel Phil Foster. Respondent Gary Wong appeared through counsel Edward Zusman and Elliott Rector. Respondent Feng Ouyang appeared through counsel Richard Bryan. Having read the papers in support of and opposition to the motion, and having heard the arguments of counsel, with good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss for Failure to Bring Case to Trial is GRANTED under CCP § 583.360. The statutory time limit in which to commence trial on this petition was extended by written stipulption to no later than June 26, 2017, and potentially by oral stipulation on the record to September 25, bor. The plain meaning of the last stipulation between the parties continuing the trial date does not expressly waive Respondent’s right to bring a motion to dismiss, nor does it extend the statutory time limit indefinitely. Petitioner has not met the burden to show by clear and convincing evidence that the statutory time limit was further tolled due to impossibility, futility, or impracticality. Petitioner has not shown that she acted with due diligence to bring this case to trial at all stages of the proceeding; Peto’ papers show that she was aware that the extended statutory time limit in which to commence trial had run, and yet did not seek to specially set the petition for trial until after this Motion to Disnliss was filed. There is insufficient | showing that Respondent is equitably estopped from bringing this Motion to Dismiss. vant: SQUIB. Te Lf Vee HON. JOHN K. STEWART JUDGE OF THE SUPERIOR COURT 1 i 2 I ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIALExhibit “B”CIV-130. ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and adchess) FOR COURT USE ONLY Phil Foster (SBN 262120) “Tour-Sarkissian Law Offices, LLP 211 Gough Street, 3rd Floor ~ Sy ELECTRONICALLY San Francisco, CA 94102 e ILED TELEPHONENO: (415) 626-7744 FAXNO.(Optione('4 15) 626-8189 Pree ews. sores oe phill@tslo.com icaumtsesnenponce | arvoRNey FoR woner: Respondent JEANNE KWONG 05 723 /2018 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO. Clerk of the Court STREET ADDRESS: 40 McAllister Street BY:ALISON AGBAY MAILING ADDRESS: 4()() McAllister Street Deputy Clerk ciryanpzipcone: San Francisco, CA 94102 BRANCHNAME: Civic Center Courthouse: PLAINTIFF/PETITIONER: JENNIFER SHUK-HAN KWOK DEFENDANT/RESPONDENT: JEANNE.K WONG NOTICE OF ENTRY OF JUDGMENT ee OR ORDER PES-10-293505 (Check one): UNLIMITED CASE Co LIMITED CASE (Amount demanded (Amount demanded was. exceeded $25,000) $25,000 or less) TO ALL PARTIES : 4. Ajudgment, decree, or order was entered in this action on (date): May 22, 2018 2. Acopy of the judgment, decree, or order is attached to this notice. Date: May 23, 2018 ere PHIL FOSTER » fer (YPEOR PRINT NAME OF [yi] ATTORNEY [__] PARTY WmTHOUT ATTORNEY) (SIGNATURE Page 1 of2 ils BH Form Approved for Optional Use ee NOTICE OF ENTRY OF JUDGMENT OR ORDER CIV-130 Now January 1, 2040)CIV-130 CASE NUMBER PLAINTIFF/PETITIONER: JENNIFER SHUK-HAN KWOK PES-10-293505 DEFENDANT/RESPONDENT: JEANNE KWONG, et al. PROOF OF SERVICE BY FIRST-CLASS MAIL. NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE: You cannot serve the Notice of Entry of Judgment of Order if you are a party in the action. The person who served the notice must complete this proof of service.) 4. Lam 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): io] 211 Gough Street, 3rd Floor, San Francisco, CA 94102 : 2. I served a copy of the Notice of Entry of Judgment or Order by enclosing it ina sealed envelope with postage : fully prepaid and (check one): a. ] deposited the sealed envelope with the United States Postal Service. b. [¥] 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, itis deposited in the ordinary course of business with the United States Postal Service. 3. The Notice of Entry of Judgment or Order was mailed: a. on (date): 05-23-2018 b. trom (city and state): San Francisco, CA 94102 4. The envelope was addressed and mailed as follows: a. Name of person served: c. Name of person served: SEE ATTACHED SERVICE LIST ‘SEE ATTACHED SERVICE LIST Street address: Street address | City: City: State and zip code: State and zip code: b. Name of person served: d. Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: 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: May 23, 2018 wo PHIL FOSTER y “ . ie (TYPE OR PRINT NAME OF DECLARANT) {SIGNATURE OF DECLARANT) Page 202 ‘CIN-130 {New January 1, 2070] NOTICE OF ENTRY OF JUDGMENT OR ORDER24 25 SERVICE LIST Daniel Bernhard Freeland Cooper & Foreman, LLP 150 Spear Street, Suite 1800 San Francisco, CA 94105 Attorneys for Respondent JENNIFER SHUK-HAN KWOK B. Douglas Robbins Wood Robbins LLP One Post Street, Suite 800 San Francisco, CA 94104 Attorneys for Respondent JENNIFER SHUK-HAN KWOK Edward Zusman Markun Zusman & Compton LLP 465 California Street, Sth Floor San Francisco, CA 94104 Attorneys for Respondent GARY WONG Richard Bryan Bryan Hinshaw, PC 425 California Street, Suite 300 San Francisco, CA 94104 Attorneys for Respondent FENG OUYANG PROOF OF SERVICEPhil Foster (SBN 262120) TOUR-SARKISSIAN LAW OFFICES, LLP 211 Gough Street, Third Floor San Francisco, CA 94102 (415) 626-7744 telephone (415) 626-8189 facsimile phil@tslo.com Attorneys for Respondent JEANNE KWONG oN San Francisco County Suparlor Court MAY 2 2018 CLERK OF THE COURT BY. Vite i SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PROBATE DIVISION JENNIFER SHUK-HAN KWOK, Case No, PES-10-293505 Petitioner, By ORDER GRANTING MOTION TO DISMISS v. FOR FAILURE TO BRING CASE TO TRIAL JEANNE KWONG, individually and as a former trustee of the Stan Kwong Irrevocable ‘Trust II, Respondent. AND RELATED CROSS-PETITIONS. [Code Civ. Proc. § 583.310] [Code Civ. Proc. § 583.360(a)] Date: May 9, 2018 Wednesday Time: 2:00 PM. Dept. 204 Location: 400 McAllister Street San Francisco, CA. 94102 Judge: Hon. John K. Stewart Action filed: May 12, 2010 | ‘Erial date: not set The Motion To Dismiss For Failure To.Bring Case To Trial filed by Respondent Jeanne Kwong came on regularly for hearing i in this department on the date shown above. Petitioner Jennifer Shuk- Wan Kwok appeared through counsel Daniel T. Bernhard and Douglas Robbins. Respondent Jeanne 1 ORDER GRANTING MOTION TO DISMISS FOR FAILURE ‘TO BRING CASE TO TRIAL,aA np w Kwong appeared through counsel Phil Foster. Respondent Gary Weng appeared through counsel Edward Zusman and Elliott Rector. Respondent Feng Ouyang appeared through counsel Richard Bryan. Waving read the papers in support of and opposition to the motion, and having heard the arguments of counsel, with good cause appearing therefor, ITIS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss for Failure to Bring Case to Trial is GRANTED under CCP § 583.360. The statutory time limit in which to commence trial on this petition was extended by written stipulation to no later than June 26, 2017, and potentially by oral stipulation on the record to September 25,017 .. The plain meaning of the last stipulation between the parties continuing the trial date does not cspesly waive Respondent’s right to bring 2 motion to dismiss, nor does it extend the statutory time limit indefinitely, Petitioner has not met the burden to show by clear and convincing evidence that the statutory time limit was further tolled due to impossibility, futility, or impracticality. Petitioner has not shown that she acted with due diligence to bring this case to trial at all stages of the proceeding; rn. papers show that she was aware that the extended statutory time limit in which to commence trial had run, and yet did not seek to specially set the petition for trial until after this Motion to Dismiss was filed. There is insufficient i showing that Respondent is equitably estopped from bringing this Motion to Dismiss. Dated: 5) QLpLE. Pe L S24 HON. JOHN IK. STEWART JUDGE OF THE SUPERIOR COURT 2 ORDER GRANTING MOTION TO DISMISS FOR FAILURE 10 BRING CASE TO TRIALExhibit “C”MC-010 [ATTORNEY OR PARTY VATHOUT ATTORNEY STATE GAR NUMBER 262120 FOR COURT USE ONLY name: Phil Foster FIRMNAME: TOUR-SARKISSIAN LAW OFFICES, LLP STREET ADORESS: 214 Gough Street, 3rd Floor env: San Francisco STATE CA zipcove: 84102 TELEPHONE NO. (415) 626-7744 FAK NO: (415) 626-8189 E-MaKADORESS. phil@tslo.com JATTORNEY FOR (name): Respondent JEANNE KVVONG [SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street MAILING ADoRESS: 400 MoAllister Street city ano zip cove: San Francisco, CA 94102 BRANCH NAME: Civic Center Courthouse PLAINTIFF: JENNIFER SHUK-HAN KWOK DEFENDANT: JEANNE KWONG, et al. ‘CASE NUMBER: MEMORANDUM OF COSTS (SUMMARY) PES-10-293508 The following costs are requested: TOTALS 1. Filing and motion fees 1,645.00 2. Jury fees Jury food and lodging 7,335.59 380.00 Deposition costs Service of process Surety bond premiums 1,320.00 3 4. 6. 6. Attachment expenses 7. 8. Witness fees 9. Court-ordered transcripts SHH HB HH 10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court determination; otherwise a noticed motion is required) 11. Court reporter fees as established by statute 12. Models, enlargements, and photocopies of exhibits 875.64 13. Interpreter fees 14. Fees for electronic filing or service 510.00 15. Fees for hosting electronic documents eee eee 16. Other TOTAL COSTS. $ 12,066.23 Jam the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct, and these costs were necessarily incurred in this case. Date: 05-23-2018 PHIL FOSTER » GEE GR PNT ne) SiaaTERE OF BECCARY (Proof of service on reverse) Page 4062 Satie! Couche Caonsa MED MEMORANDUM OF COSTS (SUMMARY) Comet at 8 Rov. September 1, 2037],SHORT TITLE CASE NUMBER: 7 ann Kwok v. Kwong, et al, PES-10-293505 MAILING [_] PERSONAL DELIVERY 1, Atthe time of mailing or personal delivery, | was al least 18 years of age and not a party to this legal action. 2. My residence or business address is (specify): 211 Gough Street, 3rd Floor, San Francisco, CA 94102 3. I mailed or personally delivered a copy of the Memorandum of Costs (Summary) as follows (complete either a or b): a. [X] Mail. | am a resident of or employed in the county where the mailing occurred. (1) lenclosed a copy in an envelope AND (a) [77] deposited the sealed envelope with the United States Postal Service with the postage fully prepaid (b) placed the envelope {or collection and mailing on the date and at the place shown in items below following our ordinary business practices. | am readily familiar with this business’ practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. (2) The envelope was addressed and mailed as follows: (a) Name of person served: SEE ATTACHED SERVICE LIST (b) Address on envelope: SEE ATTACHED SERVICE LIST (c)_ Date of mailing: 05-23-2018 ()_ Place of mailing (city and state): San Francisco, CA 94102 b. [[_] Personal delivery. | personally delivered a copy as follows: (1) Name of person served: (2) Address where delivered: (3) Date delivered: (4) Time delivered: { declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 05-23-2018 Zi, f PHIL FOSTER > en OF aiote ot eo (TYPE OF PRINT NAME) (SIGNATURE OF DECLARANT) Page 2 of 2 EGHO Ren Spiers 2617 MEMORANDUM OF COSTS (SUMMARY)SERVICE LIST Daniel Bernhard Freeland Cooper & Foreman, LLP 150 Spear Street, Suite 1800 San Francisco, CA 94105 Attorneys for Respondent JENNIFER SHUK-HAN KWOK B. Douglas Robbins Wood Robbins LLP One Post Street, Suite 800 San Francisco, CA 94104 Attorneys for Respondent JENNIFER SHUK-HAN KWOK Edward Zusman Markun Zusman & Compton LLP 465 California Street, Sth Floor San Francisco, CA 94104 Attorneys for Respondent GARY WONG Richard Bryan Bryan Hinshaw, PC 425 California Street, Suite 300 San Francisco, CA 94104 Attorneys for Respondent FENG OUYANG PROOF OF SERVICE