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STEVEN B. PISER, SBN 62414
LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
1300 Clay Street, Suite 1050
Oakland, California 94612
FILED
SAN MATEO COUNTY
Telephone: (510) 835-5582
Facsimile: (510) 832-1717
OCT '2 7 016
KDOO\IO\UIJ>COL\JH
JOHN L. FITZGERALD, SBN 126613
Clerk of rior Court
LAW OFFICES OF JOHN L. FITZGERALD Te
101 California Street, Suite 2300 By
San Francisco, California 941 11 DEWLEm/
Telephone: (415) 689—1209
Attorneys for
DBP INVESTMENTS,
W a California General Partnership
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Partnership, )
I—l \l DBP’S APPLICATION FOR Ex PARTE ORDER
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Flaintijf ) ALLOWING FILING OF FIRST AMENDED
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v. ) DECLARATION OF STEVEN B. PISER IN
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KING PLAZA CENTER, LLC, a Delaware )
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Limited Liability Company, and DOES 1 ) DATE OCTOBER 27, 2016
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Law Offices of DBP‘s APPLICATION FOR Ex PARTE ORDER ALLOWING FILING OF FIRST AMENDED COMPLAINT (BASED ON STIPULATION) AND
DECLARATION
Steven B. Piser
OF STEVEN B. PISER IN SUPPORT
1, Steven B. Piser, declare:
I am an attorney at law duly admitted to practice before all the courts of the State of
California and am an attorney of record for DBP. I make this declaration based upon my own
knowledge.
This declaration is made in support of DBP’s ex parte application for an order allowing
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the filing of first amended complaint, based upon the stipulation of the parties.
DBP and defendant King Plaza Center, LLC are owners of Contiguous parcels in Daly
City used for a shopping center. DBP-’5 parcel has one business: Classic Bowl. King’s parcels
include a large supermarket, restaurants and retail businesses.
In 1997, DBP and King’s predecessor, King Plaza Partners, executed a reciprocal
easement for use of their respective parcels for parking. There is now a dispute between DBP
and King about the parties’ duties, rights and obligations under the easement.
King has stipulated DBP may file a first amended complaint. The first amended
complaint adds allegations and a second cause of action seeking injunctive relief against newly
added defendants who own and operate the supermarket on King’s parcel.
The stipulation is being filed together with this ex parte application.
Ex parte approval is necessary to expedite the filing of the first amended complaint so it
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may be served sufficiently in advance of a mediation scheduled for December 8. DBP and King
participated in an all-day mediation before Judge William Cahill (Ret) on October 17.
Participation of all parties at the mediation may facilitate resolution. This ex parte application is
necessary to eliminate any delay.
Notice of this ex parte application was provided, by electronic mail, on October 25 to
Ronald Rossi and Madolyn Orr attorneys for defendant King Plaza Center, LLC whose address
15:
1960 The Alameda, Suite 200
San Jose, California 95126
A copy of the notice is attached marked Exhibit A to this application.
I do not anticipate any opposition by King to this ex parte application.
2
Law Offices of DBP’s APPLICATION FOR Ex PARTE ORDER ALLOWING FILING OF FERST AMENDED COMPLAINT (BASED ON STIPULATION) AND DECLARATION
Steven B. Piser
OF STEVEN B. PISER IN SUPPORT
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 0%, é)day of October 2016 at Oakland, California.
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Law Oflices of DBP’s APPLICATION FOR EX PARTS ORDER ALLOWING FILING OF FIRST AMENDED COMPLAINT (BASED ON STIPULATION) AND DECLARATION
Steven B. Piser
OF STEVEN BI PISER IN SUPPORT
EWHAII
Esperanza izazaga . at "3 a J—n. w u hr xg.
From: Esperanza Izazaga
Sent: Tuesday, October 25, 2016 3:43 PM
To: 'Ronald Rossi'; "Madelyn Orr'
Cc: ‘John Fitzgerald'; 'Jamie Cardoso'; 'Peggy Beahm'
Subject: DBP v. King
Attachments: Ltr to Ronald Rossi & Madolyn Orr lO—25—l6.1.pdf
See attached letter to Ronald R. Rossi and Madelyn Orr dated Oetober 25, 2016.
W’W
Esperanza Izazaga
Legal Assistant to Steven B. Piser
Law Offices of Steven B. Piser
1300 Clay Street, Suite 1050
Oakland, CA. 94612
Telephone: (510) 835-5582
CONFIDENTlALITY NOTICE: The intormation contained in this e-mail message is attorney-privileged or
confidential information intended only for the use by the individual or entity named above. If you are
not the intended recipient or the employee or agent responsible for delivering it to the intended
recipient, you are hereby notified that any dissemination, distribution or copying this communication is
prohibited. If you haVe received this coinmunication in error, please immediately notify us by
telephone at the telephone number listed above and delete this e-mail. Thank you.
LAW OFFICES OF
STEVEN B. PJSER
A PROFESSIONAL CORPORATION AREA CODE 5'0
OAKLAND CITY CENTER TELEPHONE 8355562
1300 CLAY STREET, SUITE 1050
OAKLAND, CALIFORNIA 946l2
October 25, 2016
Ma E~Mail Only
Ronald R. Rossl
Madolyn Orr
Rossi, Hamerslough, Reischl & Chuck
1960 The Alameda, Suite 200
San Jose, California 95126
Re; DBP M. King
Mediation
Gentlepeople:
My office contacted Judge Cahill. We,are fine with the 8‘“. It has been confirmed.
I will continue the discovery motion.
Mr. Fitzgerald will appear in San Mateo County Superior Court Thursday, October
27 at two o’clock to seek an appropriate judicial officer’s signature on the stipulation
allowing the filing of the first amended complaint. This will be an ex parte appearance.
Please let Mr. Fifigerald or me know if you oppose the application. I will send
you a copy of the appllcation tomorrow.
SBPzei
cc: 3. L. Fitzgerald
PROOF OF SERVICE BY E-MAIL & U.S. MAIL
DBP Investments v. King Plaza Center and Related Cross-Action
San Mateo County Superior Court, Unlimited Jurisdiction
Case #C1V538897
I, Esperanza Izazaga, declare the following:
\OOOVO‘U'l-D-OJIOH
1 am employed in Alameda County, California, am over eighteen years of age, and am
not a party to the within action or proceeding. My business address is 1300 Clay Street, Suite
1050, Oakland, California 94612.
On October 26, 2016, I served a copy of:
DBP’S APPLICATION FOR Ex PARTE ORDER ALLOWING FILING OF FIRST AMENDED
COMPLAINT (BASED ON STIPULATION) AND DECLARATION OF STEVEN B. PISER IN SUPPORT
by sending copies via electronic mail and by placing said copies sealed in envelopes addressed
as follows:
Attorneys for King Plaza Center, LLC
Ronald R. Rossi
Madolyn Orr
Rossi, Hamerslough, Reisclzl & Chuck
HHt—‘I—IHP-‘l—‘l—‘l—d
1960 The Alameda, Suite 200
00\10\U"l-l>-(Jol\Di—IO
San Jose, CA 95126
Telephone: (408) 261 —4252
Facsimile: (408) 261-4292
with postage thereon fully prepaid, and thereafter was deposited in the United States Mail at
Oakland, California. That there is a delivery service by the United States Mail at the place
addressed. That the date of deposit in the mail was October 26, 2016.
I declare under penalty of perjury that the foregoing is true and correct. Executed
October 26, 2016, at Oakland, Califor 1a.
l9
Law Offices of
Steven B. Piser PROOF OF SERVICE BY E-MALL & U.S. MAIL
Preview
STEVEN B. PISER, SBN 62414 LAW OFFICES OF STEVEN B. PISER A Professional Corporation 1300 Clay Street, Suite 1050 Oakland, California 94612 FILED SAN MATEO COUNTY Telephone: (510) 835-5582 Facsimile: (510) 832-1717 OCT '2 7 016 KDOO\IO\UIJ>COL\JH JOHN L. FITZGERALD, SBN 126613 Clerk of rior Court LAW OFFICES OF JOHN L. FITZGERALD Te 101 California Street, Suite 2300 By San Francisco, California 941 11 DEWLEm/ Telephone: (415) 689—1209 Attorneys for DBP INVESTMENTS, W a California General Partnership I—A O [Wt/(é H H l-‘ [0 D-‘ C0 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 7—: -i>- IN AND FOR THE COUNTY OF SAN MATEO I—I 01 I-—I O DBP INVESTMENTS, a California General ) CASE NO. CIV538897 Partnership, ) I—l \l DBP’S APPLICATION FOR Ex PARTE ORDER ) Flaintijf ) ALLOWING FILING OF FIRST AMENDED I-- 00 ) COMPLAINT (BASED ON STIPULATION) AND v. ) DECLARATION OF STEVEN B. PISER IN I—I O SUPPORT ) KING PLAZA CENTER, LLC, a Delaware ) [\J O Limited Liability Company, and DOES 1 ) DATE OCTOBER 27, 2016 through 10 ) TIME 2:00 P.M. [Q H ) DEPT. Defendants. ) TRIAL : NOT YET SET [\3 [\3 ) KING PLAZA CENTER, LLC, a Delaware ) [O OJ Limited Liability Company, ) [\D 43 ) Cross-Complainant, [O 0| v. ) ) I /' —— cwsasaw -—-—-— —— ——-—._ __. _ _ ) DBP INVESTMENTS, a California General ) ‘ I EPA Ex Pane Application [0 0 Partnership and ROES 1 through 10, ) I 237004 [\3 \l ) Cross—Defendants. ) Tl” ) \ '1"I"”ll1111111111 [\3 00 l Law Offices of DBP‘s APPLICATION FOR Ex PARTE ORDER ALLOWING FILING OF FIRST AMENDED COMPLAINT (BASED ON STIPULATION) AND DECLARATION Steven B. Piser OF STEVEN B. PISER IN SUPPORT 1, Steven B. Piser, declare: I am an attorney at law duly admitted to practice before all the courts of the State of California and am an attorney of record for DBP. I make this declaration based upon my own knowledge. This declaration is made in support of DBP’s ex parte application for an order allowing \OOOVIOWCfl—P-OJNH the filing of first amended complaint, based upon the stipulation of the parties. DBP and defendant King Plaza Center, LLC are owners of Contiguous parcels in Daly City used for a shopping center. DBP-’5 parcel has one business: Classic Bowl. King’s parcels include a large supermarket, restaurants and retail businesses. In 1997, DBP and King’s predecessor, King Plaza Partners, executed a reciprocal easement for use of their respective parcels for parking. There is now a dispute between DBP and King about the parties’ duties, rights and obligations under the easement. King has stipulated DBP may file a first amended complaint. The first amended complaint adds allegations and a second cause of action seeking injunctive relief against newly added defendants who own and operate the supermarket on King’s parcel. The stipulation is being filed together with this ex parte application. Ex parte approval is necessary to expedite the filing of the first amended complaint so it MMNNNNNNMt—‘I—‘l—‘r—IHI—II—II—«I—«I—u mflmm—POJNI-‘OCOOVO‘U‘l-PODND—‘O may be served sufficiently in advance of a mediation scheduled for December 8. DBP and King participated in an all-day mediation before Judge William Cahill (Ret) on October 17. Participation of all parties at the mediation may facilitate resolution. This ex parte application is necessary to eliminate any delay. Notice of this ex parte application was provided, by electronic mail, on October 25 to Ronald Rossi and Madolyn Orr attorneys for defendant King Plaza Center, LLC whose address 15: 1960 The Alameda, Suite 200 San Jose, California 95126 A copy of the notice is attached marked Exhibit A to this application. I do not anticipate any opposition by King to this ex parte application. 2 Law Offices of DBP’s APPLICATION FOR Ex PARTE ORDER ALLOWING FILING OF FERST AMENDED COMPLAINT (BASED ON STIPULATION) AND DECLARATION Steven B. Piser OF STEVEN B. PISER IN SUPPORT I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 0%, é)day of October 2016 at Oakland, California. ©00'\lO“Ul-¥>OJ[\JI—‘ STEVEN fixpmt w O D—‘ H H [\3 H 03 ,__. 4> l—‘ 01 H m I—I fl I—I 00 ,_. \O l0 O [0 H [0 to IO (.0 [0 45 IO 01 [0 ON l0 \‘l [\3 CO 3 Law Oflices of DBP’s APPLICATION FOR EX PARTS ORDER ALLOWING FILING OF FIRST AMENDED COMPLAINT (BASED ON STIPULATION) AND DECLARATION Steven B. Piser OF STEVEN BI PISER IN SUPPORT EWHAII Esperanza izazaga . at "3 a J—n. w u hr xg. From: Esperanza Izazaga Sent: Tuesday, October 25, 2016 3:43 PM To: 'Ronald Rossi'; "Madelyn Orr' Cc: ‘John Fitzgerald'; 'Jamie Cardoso'; 'Peggy Beahm' Subject: DBP v. King Attachments: Ltr to Ronald Rossi & Madolyn Orr lO—25—l6.1.pdf See attached letter to Ronald R. Rossi and Madelyn Orr dated Oetober 25, 2016. W’W Esperanza Izazaga Legal Assistant to Steven B. Piser Law Offices of Steven B. Piser 1300 Clay Street, Suite 1050 Oakland, CA. 94612 Telephone: (510) 835-5582 CONFIDENTlALITY NOTICE: The intormation contained in this e-mail message is attorney-privileged or confidential information intended only for the use by the individual or entity named above. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying this communication is prohibited. If you haVe received this coinmunication in error, please immediately notify us by telephone at the telephone number listed above and delete this e-mail. Thank you. LAW OFFICES OF STEVEN B. PJSER A PROFESSIONAL CORPORATION AREA CODE 5'0 OAKLAND CITY CENTER TELEPHONE 8355562 1300 CLAY STREET, SUITE 1050 OAKLAND, CALIFORNIA 946l2 October 25, 2016 Ma E~Mail Only Ronald R. Rossl Madolyn Orr Rossi, Hamerslough, Reischl & Chuck 1960 The Alameda, Suite 200 San Jose, California 95126 Re; DBP M. King Mediation Gentlepeople: My office contacted Judge Cahill. We,are fine with the 8‘“. It has been confirmed. I will continue the discovery motion. Mr. Fitzgerald will appear in San Mateo County Superior Court Thursday, October 27 at two o’clock to seek an appropriate judicial officer’s signature on the stipulation allowing the filing of the first amended complaint. This will be an ex parte appearance. Please let Mr. Fifigerald or me know if you oppose the application. I will send you a copy of the appllcation tomorrow. SBPzei cc: 3. L. Fitzgerald PROOF OF SERVICE BY E-MAIL & U.S. MAIL DBP Investments v. King Plaza Center and Related Cross-Action San Mateo County Superior Court, Unlimited Jurisdiction Case #C1V538897 I, Esperanza Izazaga, declare the following: \OOOVO‘U'l-D-OJIOH 1 am employed in Alameda County, California, am over eighteen years of age, and am not a party to the within action or proceeding. My business address is 1300 Clay Street, Suite 1050, Oakland, California 94612. On October 26, 2016, I served a copy of: DBP’S APPLICATION FOR Ex PARTE ORDER ALLOWING FILING OF FIRST AMENDED COMPLAINT (BASED ON STIPULATION) AND DECLARATION OF STEVEN B. PISER IN SUPPORT by sending copies via electronic mail and by placing said copies sealed in envelopes addressed as follows: Attorneys for King Plaza Center, LLC Ronald R. Rossi Madolyn Orr Rossi, Hamerslough, Reisclzl & Chuck HHt—‘I—IHP-‘l—‘l—‘l—d 1960 The Alameda, Suite 200 00\10\U"l-l>-(Jol\Di—IO San Jose, CA 95126 Telephone: (408) 261 —4252 Facsimile: (408) 261-4292 with postage thereon fully prepaid, and thereafter was deposited in the United States Mail at Oakland, California. That there is a delivery service by the United States Mail at the place addressed. That the date of deposit in the mail was October 26, 2016. I declare under penalty of perjury that the foregoing is true and correct. Executed October 26, 2016, at Oakland, Califor 1a. l9 Law Offices of Steven B. Piser PROOF OF SERVICE BY E-MALL & U.S. MAIL