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IOUT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-26-2013 9:24 am
Case Number: CGC-10-500934
Filing Date: Mar-26-2013 9:21
Filed by: ROSSALY DELAVEGA
Juke Box: 001 Image: 03993252
GENERIC CIVIL FILING (NO FEE)
CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND
XIANG ZHANG et al
001003993252
Instructions:
Please place this sheet on top of the document to be scanned.Cm ND WH BF Bw NY
ee
BRR RREBRE SSE RESO R SS
Thomas M. Robins, III (State Bar No. 054423)
Kenneth N. Russak (State Bar No. 107283)
Hanna B. Raanan (State Bar No. 261014)
FRANDZEL ROBINS BLOOM & CSATO, L.c.
6500 Wilshire Boulevard, Seventeenth Floor
Los Angeles, California 90048-4920
Telephone: (323) 852-1000
Facsimile: (323) 651-2577
Attorneys for Plaintiff and Cross-Defendant
CATHAY BANK
Chijeh Hu, Esq. (State Bar No. 241271)
CJH & Associates, P.C.
1440 Broadway, Suite 1000
Oakland, CA 94612
Attorney for Defendants and Cross-Complainants:
RAYMOND ZIANG KAI ZHANG, aka
RAYMOND KAI ZHANG, aka RAYMOND
ZHANG, aka XIANG KAI ZHANG, aka XIANG
ZHANG, aka ZHANG XIANG, an individual;
CINDY ZHANG, an individual; DONG YING
QUI, an individual; XIANG KAI, LLC, a
California limited liability company ; RAY KAI,
LLC, a California limited liability company;
ZHANGS, LLC, California limited liability
company
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO, NORTHERN DISTRICT
CATHAY BANK, a California banking
corporation,
Plaintiff,
CASE No. CGC-100500934
v. JOINT RESPONSE TO ORDER TO SHOW
RAYMOND XIANG KAI ZHANG, aka
RAYMOND KAI ZHANG, aka RAYMOND
ZHANG, aka XIANG KAI ZHANG, aka
XIANG ZHANG, aka ZHANG XIANG, an
individual; CINDY ZHANG, an individual;
DONG YING QUI, an individual; XIANG
KAI, LLC, a California limited liability
company ; RAY KAI, LLC, a California
limited liability company; ZHANGS, LLC,
California limited liability company; and
DOES 1 through 200, inclusive,
Defendants.
1120638.2 | 023000-0790
CAUSE RE: DISMISSAL PURSUANT TO
CALIFORNIA RULES OF COURT, RULE
3.1385 and STIPULATION FOR ENTRY OF
DISMISAL WITH PREJUDICE OF THE
ENTIRE ACTION
Date: January 29, 2012
Time: 10:30 a.m.
Dept.: 610
JOINT RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSALFRANDZEL ROBINS BLOOM & CsATO, L.C.
6500 WILSHIRE BOULEVARD, 17TH FLOOR
Los ANGELES, CALIFORNIA 90048-4920
Cem YN DA HW BF wWwN |
NN NY FB Be Be Be oe Re Se eB
BNRRRBBRSEGERBVRBDBEBHRES
RAYMOND XIANG KAI ZHANG, an
individual, CINDY ZHANG, an individual;
DONG YING QUI, an individual; RAY KAI,
LLC, a California limited liability company;
and ZHANGS, LLC, a California limited
liability company,
Cross-Complainants,
v.
CATHAY BANK, a California banking
corporation; and DOES 201-230, Inclusive,
Cross-Defendants,
The parties hereby submit this joint response to the order to show cause re: dismissal and
request that the Court enter the Order attached hereto as Exhibit 1 dismissing the case with
prejudice. This response is based on the following:
1. On or about November 30, 2012, Plaintiff and Cross-defendant Cathay Bank
("Plaintiff") and Defendants and Cross-defendants Raymond Zhang, Cindy Zhang, Dong Ying
Qiu, Ray Kai LLC, Zhangs LLC and Xiang Kai LLC ("Defendants") (collectively hereinafter
referred to as the "Parties") entered into a written settlement agreement. Among other things, the
Settlement Agreement requires Plaintiff and Defendants to dismiss their respective complaint and
cross-complaint with prejudice.
2. On or about December 3, 2012, Defendants filed a request for dismissal of the
entire action with prejudice. That request (“Defendants’ Request”) was signed only by counsel to
the Defendants. It was not in the form of a request for dismissal of Defendants’ Cross-Complaint.
3. On or about December 5, 2012, Plaintiff attempted to file its request for dismissal
of Plaintiff's complaint with prejudice. On December 6, 2012, the Plaintiff was informed that its
request had been rejected supposedly because the filing of Defendants’ Request effected a
dismissal of the entire action. However, Plaintiff's counsel has reviewed the docket of this case
and it does not indicate that any action on Defendants’ Request has been taken by the Clerk of this
Court and that the action remains an open and active case.
4. The Parties have been informed by the Clerk of the Court that dismissals are taking
1120638.2 | 023000-0790
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JOINT RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSALLOS ANGELES, CALIFORNIA 90048-4920
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at least four (4) months to process. The parties are concerned that when the request for dismissal
eventually is reviewed, it might be rejected because it was only signed by counsel for the
Defendants and not also signed by counsel for the Plaintiff.
5. On or about November 30, 2012 , the Parties each filed their respective notices of
settlement and, in connection therewith, this Court set 10:30 am on January 29, 2013 as the time
for the hearing on an Order to Show Cause re dismissal (“OSC”). Inasmuch as the hearing on the
OSC will almost certainly occur before the Clerk of the Court processes Defendants’ Request and,
given the possibility that Defendants’ Request will be rejected when reviewed by the Clerk, the
Parties would be grateful if, at the OSC, the Court would simply enter an order that expressly
dismisses all complaints and cross-complaints filed by the parties, with prejudice, and thereby
preempt the delay and uncertainty surrounding the processing of Defendants’ Request.
The Parties therefore request that this Court enter the Dismissal Order in the form attached
hereto as Exhibit 1.
Respectfully Submitted,
DATED: 152012 FRANDZEL ROBINS BLOOM & CSATO, L.C.
THOMAS M. ROBINS, IIT
KENNETH. RUSSAK
ne for mene Fon ol, Ks
CATHAY BANK.
DATED: December 22, 2012 CJH & ASSOCIATES, APC
By:
Cl HU
Attorneys for and Cross-comy
RAYMOND ZHANG, CINDY ZHANG, DONG
YING QIU, RAY KAI LLC, ZHANGS LLC,
AND XIANG KAI LLC
11206382 | 023000-0790 -2-
JOINT RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSALEXHIBIT 1
3.
JOINT RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL
1120638.2 | 023000-0790
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aThomas M. Robins, III (State Bar No. 054423)
trobins: dzel.com
Kenneth N. Russak (State Bar No. 107283)
krussak@frandzel.com
Hanna B. Raanan (State Bar No. 261014)
frandzel.com
FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 Wilshire Boulevard
Seventeenth Floor
Los Angeles, California 90048-4920
Telephone: (323) 852-1000
Facsimile: (323) 651-2577
Attorneys for Plaintiff and Cross-defendant
CATHAY BANK
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CATHAY BANK, a California banking
corporation,
Plaintiff,
v.
RAYMOND XIANG KAI ZHANG, aka
RAYMOND KAI ZHANG, aka RAYMOND
ZHANG, aka XIANG KAI ZHANG, aka
XIANG ZHANG, aka ZHANG XIANG, an
individual; CINDY ZHANG, an individual;
DONG YING QUI, an individual; XIANG
KAT, LLC; a California limited liability
company; RAY KAI, LLC , a California
limited liability company; ZHANGS, LLC, a
California limited liability company; and
DOES 1| through 200, inclusive,
Defendants.
AND RELATED CROSS-ACTIONS
CASE NO. CGC-10-500934
[PROPOSED] ORDER DISMISSING CASE
WITH PREJUDICE
Date: January 29, 2012
Time: 10:30 a.m.
Dept.: 610
400 McAllister Street
San Francisco, CA 94102
The Court having reviewed the Joint Response to Order to Show Cause re: Dismissal, and
finding good cause therefore, hereby ORDERS as follows:
1120638.2 | 023000-0790
JOINT RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL1
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Los ANGELES, CALIFORNIA 90048-4920
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6500 WILSHIRE BOULEVARD, 17TH FLOOR
FRANDZEL ROBINS BLOOM & CsATO, L.C.
NS RRR BSRBSE
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1. All complaints filed in this Action by Plaintiff, including without limitation the
Verified Complaint, are hereby DISMISSED WITH PREJUDICE.
2. All cross-complaints filed in this Action by any of the Defendants, including
without limitation the Third Amended Cross-complaint, are hereby DISMISSED WITH
PREJUDICE.
IT IS SO ORDERED.
Date:
Judge of the Superior Court
11206382 | 02300-0790 =].
ORDER DISMISSING COMPLAINT AND CROSS-COMPLAINT WITH PREJUDICE
Preview
IOUT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-26-2013 9:24 am Case Number: CGC-10-500934 Filing Date: Mar-26-2013 9:21 Filed by: ROSSALY DELAVEGA Juke Box: 001 Image: 03993252 GENERIC CIVIL FILING (NO FEE) CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND XIANG ZHANG et al 001003993252 Instructions: Please place this sheet on top of the document to be scanned.Cm ND WH BF Bw NY ee BRR RREBRE SSE RESO R SS Thomas M. Robins, III (State Bar No. 054423) Kenneth N. Russak (State Bar No. 107283) Hanna B. Raanan (State Bar No. 261014) FRANDZEL ROBINS BLOOM & CSATO, L.c. 6500 Wilshire Boulevard, Seventeenth Floor Los Angeles, California 90048-4920 Telephone: (323) 852-1000 Facsimile: (323) 651-2577 Attorneys for Plaintiff and Cross-Defendant CATHAY BANK Chijeh Hu, Esq. (State Bar No. 241271) CJH & Associates, P.C. 1440 Broadway, Suite 1000 Oakland, CA 94612 Attorney for Defendants and Cross-Complainants: RAYMOND ZIANG KAI ZHANG, aka RAYMOND KAI ZHANG, aka RAYMOND ZHANG, aka XIANG KAI ZHANG, aka XIANG ZHANG, aka ZHANG XIANG, an individual; CINDY ZHANG, an individual; DONG YING QUI, an individual; XIANG KAI, LLC, a California limited liability company ; RAY KAI, LLC, a California limited liability company; ZHANGS, LLC, California limited liability company SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO, NORTHERN DISTRICT CATHAY BANK, a California banking corporation, Plaintiff, CASE No. CGC-100500934 v. JOINT RESPONSE TO ORDER TO SHOW RAYMOND XIANG KAI ZHANG, aka RAYMOND KAI ZHANG, aka RAYMOND ZHANG, aka XIANG KAI ZHANG, aka XIANG ZHANG, aka ZHANG XIANG, an individual; CINDY ZHANG, an individual; DONG YING QUI, an individual; XIANG KAI, LLC, a California limited liability company ; RAY KAI, LLC, a California limited liability company; ZHANGS, LLC, California limited liability company; and DOES 1 through 200, inclusive, Defendants. 1120638.2 | 023000-0790 CAUSE RE: DISMISSAL PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.1385 and STIPULATION FOR ENTRY OF DISMISAL WITH PREJUDICE OF THE ENTIRE ACTION Date: January 29, 2012 Time: 10:30 a.m. Dept.: 610 JOINT RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSALFRANDZEL ROBINS BLOOM & CsATO, L.C. 6500 WILSHIRE BOULEVARD, 17TH FLOOR Los ANGELES, CALIFORNIA 90048-4920 Cem YN DA HW BF wWwN | NN NY FB Be Be Be oe Re Se eB BNRRRBBRSEGERBVRBDBEBHRES RAYMOND XIANG KAI ZHANG, an individual, CINDY ZHANG, an individual; DONG YING QUI, an individual; RAY KAI, LLC, a California limited liability company; and ZHANGS, LLC, a California limited liability company, Cross-Complainants, v. CATHAY BANK, a California banking corporation; and DOES 201-230, Inclusive, Cross-Defendants, The parties hereby submit this joint response to the order to show cause re: dismissal and request that the Court enter the Order attached hereto as Exhibit 1 dismissing the case with prejudice. This response is based on the following: 1. On or about November 30, 2012, Plaintiff and Cross-defendant Cathay Bank ("Plaintiff") and Defendants and Cross-defendants Raymond Zhang, Cindy Zhang, Dong Ying Qiu, Ray Kai LLC, Zhangs LLC and Xiang Kai LLC ("Defendants") (collectively hereinafter referred to as the "Parties") entered into a written settlement agreement. Among other things, the Settlement Agreement requires Plaintiff and Defendants to dismiss their respective complaint and cross-complaint with prejudice. 2. On or about December 3, 2012, Defendants filed a request for dismissal of the entire action with prejudice. That request (“Defendants’ Request”) was signed only by counsel to the Defendants. It was not in the form of a request for dismissal of Defendants’ Cross-Complaint. 3. On or about December 5, 2012, Plaintiff attempted to file its request for dismissal of Plaintiff's complaint with prejudice. On December 6, 2012, the Plaintiff was informed that its request had been rejected supposedly because the filing of Defendants’ Request effected a dismissal of the entire action. However, Plaintiff's counsel has reviewed the docket of this case and it does not indicate that any action on Defendants’ Request has been taken by the Clerk of this Court and that the action remains an open and active case. 4. The Parties have been informed by the Clerk of the Court that dismissals are taking 1120638.2 | 023000-0790 -1- JOINT RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSALLOS ANGELES, CALIFORNIA 90048-4920 § g i zi a a} Ra : at least four (4) months to process. The parties are concerned that when the request for dismissal eventually is reviewed, it might be rejected because it was only signed by counsel for the Defendants and not also signed by counsel for the Plaintiff. 5. On or about November 30, 2012 , the Parties each filed their respective notices of settlement and, in connection therewith, this Court set 10:30 am on January 29, 2013 as the time for the hearing on an Order to Show Cause re dismissal (“OSC”). Inasmuch as the hearing on the OSC will almost certainly occur before the Clerk of the Court processes Defendants’ Request and, given the possibility that Defendants’ Request will be rejected when reviewed by the Clerk, the Parties would be grateful if, at the OSC, the Court would simply enter an order that expressly dismisses all complaints and cross-complaints filed by the parties, with prejudice, and thereby preempt the delay and uncertainty surrounding the processing of Defendants’ Request. The Parties therefore request that this Court enter the Dismissal Order in the form attached hereto as Exhibit 1. Respectfully Submitted, DATED: 152012 FRANDZEL ROBINS BLOOM & CSATO, L.C. THOMAS M. ROBINS, IIT KENNETH. RUSSAK ne for mene Fon ol, Ks CATHAY BANK. DATED: December 22, 2012 CJH & ASSOCIATES, APC By: Cl HU Attorneys for and Cross-comy RAYMOND ZHANG, CINDY ZHANG, DONG YING QIU, RAY KAI LLC, ZHANGS LLC, AND XIANG KAI LLC 11206382 | 023000-0790 -2- JOINT RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSALEXHIBIT 1 3. JOINT RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL 1120638.2 | 023000-0790 _ aN mF NH OR OD or NM FT H De OB wD me OTbe- B4OOb VINUOSIIVD ‘SITSONY SOT YOO HLLT “aAVATINOY SUHSIM COS? 277 ‘OLYSD 2B WOOTE! SNIGOU TAZANVeA o a = nN a aN 7 A xt nN wn nN o a 6 a 2 aThomas M. Robins, III (State Bar No. 054423) trobins: dzel.com Kenneth N. Russak (State Bar No. 107283) krussak@frandzel.com Hanna B. Raanan (State Bar No. 261014) frandzel.com FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard Seventeenth Floor Los Angeles, California 90048-4920 Telephone: (323) 852-1000 Facsimile: (323) 651-2577 Attorneys for Plaintiff and Cross-defendant CATHAY BANK SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO CATHAY BANK, a California banking corporation, Plaintiff, v. RAYMOND XIANG KAI ZHANG, aka RAYMOND KAI ZHANG, aka RAYMOND ZHANG, aka XIANG KAI ZHANG, aka XIANG ZHANG, aka ZHANG XIANG, an individual; CINDY ZHANG, an individual; DONG YING QUI, an individual; XIANG KAT, LLC; a California limited liability company; RAY KAI, LLC , a California limited liability company; ZHANGS, LLC, a California limited liability company; and DOES 1| through 200, inclusive, Defendants. AND RELATED CROSS-ACTIONS CASE NO. CGC-10-500934 [PROPOSED] ORDER DISMISSING CASE WITH PREJUDICE Date: January 29, 2012 Time: 10:30 a.m. Dept.: 610 400 McAllister Street San Francisco, CA 94102 The Court having reviewed the Joint Response to Order to Show Cause re: Dismissal, and finding good cause therefore, hereby ORDERS as follows: 1120638.2 | 023000-0790 JOINT RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL1 om a DH NH PF WN Se ee ese Be ee A a FB BW NH SF OO Los ANGELES, CALIFORNIA 90048-4920 = 3 6500 WILSHIRE BOULEVARD, 17TH FLOOR FRANDZEL ROBINS BLOOM & CsATO, L.C. NS RRR BSRBSE oo 1. All complaints filed in this Action by Plaintiff, including without limitation the Verified Complaint, are hereby DISMISSED WITH PREJUDICE. 2. All cross-complaints filed in this Action by any of the Defendants, including without limitation the Third Amended Cross-complaint, are hereby DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Date: Judge of the Superior Court 11206382 | 02300-0790 =]. ORDER DISMISSING COMPLAINT AND CROSS-COMPLAINT WITH PREJUDICE