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STEVENB. PISER, SBN '62414
LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
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FILED
SAN MATEO COUNTY
1300' Clay Street, Suite. 1050
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Kl, Oakland, California 94612
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Telephone: (510) 835—55 82
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Facsimile: (510) 832-1717
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JOHN L. FITZGERALD, SBN 126613
LAW OFFICES OF JOHN L. FITZGERALD
101 California Street, Suite 2300
San Francisco, California 94111
Telephone: (415) 689-1209
Attorneys for
'
DBP INVESTMENTS,
a California General Partnership
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IN THE SUPERIOR COURT OF THE STATE OF CALIF ORNIA'
03
IN AND FOR THE COUNTY OF SAN MATEO
45-
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DBP INVESTMENTS, a California General ) CASE No. CIV538897
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Partnership, )
\I )
Plaintz'fif ) SEPARATE STATEMENT IN SUPPORT OF
MOTION To COMPEL FURTHER RESPONSE
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v. ) To FORM INTERROGATORY 15.1 AND
) SANCTIONs AGAINST DEFENDANTS, BUA-
0 KING PLAZA CENTER, LLC, a Delaware ) QUACH, SOVAN LIEN, DONG VUONC AND
Limited Liability Company, BUA-QUACH, ) THANH LAI
0 an individual, SOVAN LIEN, an individual, )
DONG VUONG, an individual, THANH ) DATE MAY 16, 2017
LAI, andDOES 1 through 10 ) TIME 9:00 A.M.
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[\3_|—l
) DEPT. LAW & MOTION
Defendants.~ ) .
TRIAL : NOVEMBER 13, 2017
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KING PLAZA CENTER, LLC, a Delaware )
Limited Liability Company, ) BY FAX
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Cross-Coniplainant, )
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v. )
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DBP INVESTMENTS, aCalifornia General ) Separate Statement
Partnership and ROES .1 through 10, ) 461390
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Cross—Defiiqdam‘s. D
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)
Law Oflices of 1
Steven B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE To FORM INTERROGATORY 15.1 AND SANCTIONS AGAINST
DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LAI
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I. STATEMENT OF FACTS
DBP Investments and King Plaza Center LLC each own contiguous parcels that make up
King Plaza Shopping Center in Daly City. A Reciprocal Easement and Operation Agreement
allows each to use the parking on the other’s parcel.
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DBP has one tenant, Classic Bowl. King has multiple tenants, including Manila Oriental
Market. Manila Market is owned by defendants Quach, Lien, Vuong and Lai.
The second cause of action of the first amended complaint seeks to enjoin the individual
defendants’ conduct as it relates to the abuse of the upper lot and interference with DBP’s
easement rights.
Before a minor subdivision was approved in 1998, the multiple parcels were jointly
owned by DBP and Litke Properties. In 1998, the City of Daly City approved the creation of a
minor subdivision which created separate parcels. DBP owned the parcel with Classic Bowl,
Litke, the remainder of the center. As a condition of the subdivision’s approval, an easement was
required to assure the DBP parcel would have access to all of the parking spaces on the King
parcel. DBP’S parcel did net have enough parking for a bowling alley.1
With the subdivision’s approval, restrictions were imposed on loading and unloading for
Manila Market, King’s anchor tenant. The restrictions, codified in Daly City Ordinance 1255,
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are:
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0 Overnight parking was prohibited;
0 Deliveries, loading and unloading for Manila Market were restricted to
hours outside of 8:00 am and 7:00 pm, seven days a week;
0 Designated employee parking was required;
9 Signs were to be posted notifying vendors of the delivery restrictions.
King’s lease with Manila Market requires the market to comply with all ordinances2 and
allows King to regulate the use of the parking in the common areas, including requiring Manila’s
employees to park in designated areas or to establish any other rules or restrictions regarding use
1When the bowling alley was built, the City granted a variance fi'om the parking requirement. Parking was assured
because of common ownership of the entire center.
2Lease section 3.03
Law Offices of 2
Steven B. Pirer SEPARATE STATEMENT IN SUPPORT OP MOTION To COMPEL FURTHER RESPONSE To FORM INTERROGATORY 15.1 AND SANCTIONS AGAINST
DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LA]
of the common area.3
In 2007, iitke sold its pm“: of the center to King Plaza Center, LLC, a limited liability
company owned by the Ho family. But with the Hos’ acquisition, parking became a serious
issue. The lot at the corner of King and Callan Streets, with about 60 spaces, has been rendered
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‘
useless. It has been rendered useless because Manila Market uses the lot for loading and
unloading, garbage storage and long-term tractor-trailer parking. This conduct is prohibited by
the City.
Since 2007, DBP has tried to get its neighbor to comply with the rules. King’s managers,
members of the Ho family, said they were trying to get their tenant, Manila Market, to comply.4
After putting up with years of inaction by King, conversion by Manila of a large portion
of the common area and obstruction and interference with DBP’s easement, DBP brought this
action to enjoin defendants’ interference with its propeity interest.
Form inten'ogatories were sewed on the individual defendants. They responded; but as to
15.1, the answer did not address the bases for the denial of the material allegations of the first
amended complaint.
II. RELIEF SOUGHT BY THIS MOTION
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By this motion plaintiff DBP seeks an order requiring code-compliant answers to form
interrogatory 15.1, as it relates to the denials of the material allegations of the first amended
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complaint, within five days of the hearing, and reimbursement of the cost of filing this motion
and reasonable attorney fees.
III. MEET AND CONFER EFFORTS
The meet and confer efforts were extensive. And it appeared they bore fruit: On March 5,
James Barrett, counsel for defendants, agreed to provide further responses.5
Mr. Barrett said he needed more time, which was given, as was DBP’S time to file a
motion, which was extended for fifteen days.
3Lease section 15.05
4Although Edmond Ho, told his sisters and mother he didn’t understand why DBP was complaining, as “we have
him (DBP) by the balls.” Apparently Mr. Ho didn’t know he and his family were bound by the easement.
5Exhibit 2 to Piser declaration.
Law Offices of 3
Steven B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE To FORM INTERROGATORY 15.1 AND SANCTIONS AGAINST
DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LAI
The time to submit further answers was again extended because of settlement discussions.
Then, on April 10, Mr. Barrett said further answers would not be forthcoming.
IV. DISCOVERY AT ISSUE
FORM INTERROGATORY 15.1:
Identify each denial of a material allegation and each special or affirmative defense in
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your pleadings and for:
(a) state all facts upon which you base the denial or special or affirmative
defense;
(b) state the names, ADDRESSES, and telephone numbers of all PERSON
who have knowledge of those facts;
(0) identify all DOCUMENTS and other tangible things that support your
denial or special or affirmative defense, and state the name, ADDRESS, and telephone number
of the PERSON who has each DOCUMENT.
RESPONSE TO INTERROGATORY 15.16
Affirmative Defense Number will be identified by number only;
1. a. Manila Oriental Market has made all deliveries to the market and has not
violated any parking requirement for the King Plaza so any facts stated in the
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complaint make no sense to answering party as to why I am named as a defendant
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b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102
c. no documents that I am aware of except my lease and the addendums
2. a. Plaintiff has allowed the current deliveries and parking the entire time I have
operated the grocery store so he should be able to bring this lawsuit because he
changed his use of the bowling alley
b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102
0. just the parking signs and the lease and its addendums.
3. a. Laches is based on the legal maxim "Equity aids the vigilant, not those who
slumber on their rights." Plaintiff has waited over 20 years to bring this to the court
6
The response did not address the material allegations of the complaint.
Law Offices of 4
Steven B. Piser SEPARATE STATEMENT lN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE To FORM INTERROGATORY 15.1 AND SANCTIONs AGAINST
DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANII LAI
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and now expects me to provide all evidence when those witnesses, documents,
memories are long sense gone.
b. Bua Quach, 303 Cerror Drive Daly City CA 22 94015 415-577—8102
0. The agreement that Plaintiff did with the prior owners of King Plaza and the
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lease between King Plaza and Manila Oriental Market if one exists. All documents to
the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street
V
Suite 1050, Oakland CA 94612 510-835-5582
a. Plaintiff has overused the parking lot to the detriment of all store owners and
he should not be allowed to bring this lawsuit due to use over use that is Why all store
owners are considering suing
Plaintiff because they are responsible for the trouble
b. l3ua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102
c. The agreement that Plaintiff did the prior owners of King Plaza and the lease
between King Plaza and Manila Oriental Market All documents to the best of my
knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050,‘
Oakland CA 94612 510—835—55 82
a. The same as Laches Plaintiff has waited over 20 years to bring this to the
court and thus has waived his rights and is estopped from bringing this cause of
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action
b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102
c. The agreement that Plaintiff did the prior owners of. King Plaza and the lease
between King Plaza and Manila Oriental Market All documents to the best of my
knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050,
Oakland CA 94612 510—835-5582
a. There is no document between Manila Oriental Market and Plaintiff so I have
nothing in writing that supports their allegations.
b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415—577-8102
c. The lack Of documents speaks for itself
Law Offices of 5
Sieve" B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE TO FORM INTERROGATORY 15.1 AND SANCTIONS AGAINST
DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LN
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a. Plaintiff have no evidence of the duty of defendants to obey their rules so the
duty of defendants is not triggered at any time.
b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415—577-8102
0. There is no right of performance and Plaintiffs failure to identify such lack of
koooxroxoieooroi—a
performance triggers no duty of defendant and as such there are no documents to the
knowledge of defendant that responds to this request. All documents to the best of
my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050,
Oakland CA 94612 510—835-5582
a. At no time has Plaintiff participated in any negotiation to resolve the
current claims with answering party. As a result they should be barred from
bringing this action based on failure to mitigate. Instead of facing reality they
have done nothing but brought this lawsuit to impose their agenda to expand their
bowling alley through taking parking belonging to the other businesses.
b. Bua Quach, 303 Ceiror Drive Daly City CA 94015 415-577-8102
c. There are no documents that I know of and that should explain the lack of
mitigation by the Plaintiff
21. Due to the fact that there has been no problem until this lawsuit I can only
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believe that King Plaza and Plaintiff had resolved these claims that is Why this
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affirmative defense is brought. That would have meant parties did a deal because
I have had no problem for over 20 years
b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102
c. I have no knowledge of any documents that relate to this.
10. a. Why would I believe that Plaintiff could bring this lawsuit when I have
operated my business for over 20 years because after 4 years the statute on
contracts has run to the best of my knowledge.
b. Bua Quach, 303 CCI‘I‘OI‘ Drive Daly City CA 94015 415—577—8102
0. The only documents that support this is the original lease and addendums
that go along with it. All documents to the best of my knowledge are in the
Law Offices of 6
Steven B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSE TO FORM IN'I‘ERROGATORY 15.1 AND SANCF IONS AGAINST
DEFENDANTS, BUA-QUACH, SOVAN LTEN, DONG VUONG AND THANH LA!
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possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612
510-835—5582
11. a. There is no room for Plaintiff to have 200 to 300 bowlers during the'day
park in the parking lot. Plaintiff is well aware and it is impossible for their lawsuit
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to make sense and it is unfair to all other stores in the King Plaza Mall. There is a
limited amount of parking spaces and this lawsuit is made to bully the other
businesses when they are well aware that it is impractical to force all other
businesses to bow down and lose the livelihood of their shopping center parking.
b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102
0. The only documents that support this is the original lease and addendums that
go along with it and the leases of each of the other stores in the shopping center. All
documents to the best of my knowledge are in the possession of Steven Piser, 1300
Clay Street SSuite 1050, Oakland CA 94612 510—835-5582
12. a. The only thing I know is that the parking problem is not created by my store's
operation that means the other stores use of the various parking areas are contributing
to the Plaintiffs complaints because my store has operated without problem for over
20 years.
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b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577—8102
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c. The only documents that support this is the original lease and addendums that
go along with it and the leases of each of the other stores in the shopping center. All
documents to the best of my knowledge are in the possession of Steven Piser, 1300
Clay Street SSuite 1050, Oakland CA 94612 510-835-5582
13. a. If Plaintiffs have brought these issues in some form of formal administrative
or court process then they would be barred bringing this again. Plaintiffs have
brought this up and now claim they have a deal with the City, that deal should bar
any further action and if they failed to enforce-it then that should be their problem as
resolved previously.
b. Bua Quach, 303, Cerror Drive Daly City CA 94015 415-577-8102
Law Offices of 7
Steven B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSE TO FORM INTERROGATORY 15.]. AND SANCT IONS AGAINST
DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LAI
6/
c. The only documents that support this is the original lease and addendums that
go along with it and the leases of each of the other stores in the shopping center. All
documents to the best of my knowledge are in the possession of Steven Piser, 1300
Clay Street SSuite 1050, Oakland CA 94612 510-835-55 82
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14. a. I do not see their claim because they have brought this lawsuit simply to
work out a parking problem that is not really a claim but a request. Plaintiff have
wasted all parties over a issue that they cannot explain properly
b. Bua Ouach, 303 Cerror Drive Daly City CA 94015 415-577-8102
c. The only documents that support this is the original lease and addendums that
go along with it and the leases of each of the other stores in the shopping center. All
documents to the best of my knowledge are in the possession of Steven Piser, 1300
Clay Street SSuite 1050, Oakland CA 94612 510—83 5-55 82
15. a. As stated previously any deal on the use of the parking lot was done over 20
years ago and Plaintiffs cannot come back now and pretend it was last week or last
year or any time for a reasonable group of parties to work out an agreement.
Plaintiffs have waived their rights by failing to enforce previously and allowing the
operation of all of the stores to continue for these many years.
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b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415—577-8102
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c. The only documents that support this is the original lease and addendums that
go along with it and the leases of each of the other stores in the shopping center. Also
whatever written deal Plaintiff worked out with the prior owner showing how long
ago and why they have waived their rights. All documents to the best of my
knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050,
Oakland CA 94612 510-835—5582
Preview
:_.4 STEVENB. PISER, SBN '62414 LAW OFFICES OF STEVEN B. PISER A Professional Corporation ' FILED SAN MATEO COUNTY 1300' Clay Street, Suite. 1050 “a...“ V... “In. Kl, Oakland, California 94612 ,(‘q ‘h “Mufti Telephone: (510) 835—55 82 ,r‘ :‘z Facsimile: (510) 832-1717 toooxtoxcn—boam'H JOHN L. FITZGERALD, SBN 126613 LAW OFFICES OF JOHN L. FITZGERALD 101 California Street, Suite 2300 San Francisco, California 94111 Telephone: (415) 689-1209 Attorneys for ' DBP INVESTMENTS, a California General Partnership O I—l [Q IN THE SUPERIOR COURT OF THE STATE OF CALIF ORNIA' 03 IN AND FOR THE COUNTY OF SAN MATEO 45- 0'1 DBP INVESTMENTS, a California General ) CASE No. CIV538897 0‘ Partnership, ) \I ) Plaintz'fif ) SEPARATE STATEMENT IN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE MMMMNMNMNI—tr—IT—II—II—Ip—IT—Ip—np—AH 00 ) v. ) To FORM INTERROGATORY 15.1 AND ) SANCTIONs AGAINST DEFENDANTS, BUA- 0 KING PLAZA CENTER, LLC, a Delaware ) QUACH, SOVAN LIEN, DONG VUONC AND Limited Liability Company, BUA-QUACH, ) THANH LAI 0 an individual, SOVAN LIEN, an individual, ) DONG VUONG, an individual, THANH ) DATE MAY 16, 2017 LAI, andDOES 1 through 10 ) TIME 9:00 A.M. M [\3_|—l ) DEPT. LAW & MOTION Defendants.~ ) . TRIAL : NOVEMBER 13, 2017 0.) ) KING PLAZA CENTER, LLC, a Delaware ) Limited Liability Company, ) BY FAX 4> ) Cross-Coniplainant, ) 01 v. ) )‘ SS ON DBP INVESTMENTS, aCalifornia General ) Separate Statement Partnership and ROES .1 through 10, ) 461390 \I ) Cross—Defiiqdam‘s. D 00 IlllIIIII/II/III/IIII/III/II/I/IIlIIIIll ) Law Oflices of 1 Steven B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE To FORM INTERROGATORY 15.1 AND SANCTIONS AGAINST DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LAI Jififl'Ijh") ' I r30 (:34 dangpmu pggg, k) I. STATEMENT OF FACTS DBP Investments and King Plaza Center LLC each own contiguous parcels that make up King Plaza Shopping Center in Daly City. A Reciprocal Easement and Operation Agreement allows each to use the parking on the other’s parcel. kOOOQONOT-poowi—A DBP has one tenant, Classic Bowl. King has multiple tenants, including Manila Oriental Market. Manila Market is owned by defendants Quach, Lien, Vuong and Lai. The second cause of action of the first amended complaint seeks to enjoin the individual defendants’ conduct as it relates to the abuse of the upper lot and interference with DBP’s easement rights. Before a minor subdivision was approved in 1998, the multiple parcels were jointly owned by DBP and Litke Properties. In 1998, the City of Daly City approved the creation of a minor subdivision which created separate parcels. DBP owned the parcel with Classic Bowl, Litke, the remainder of the center. As a condition of the subdivision’s approval, an easement was required to assure the DBP parcel would have access to all of the parking spaces on the King parcel. DBP’S parcel did net have enough parking for a bowling alley.1 With the subdivision’s approval, restrictions were imposed on loading and unloading for Manila Market, King’s anchor tenant. The restrictions, codified in Daly City Ordinance 1255, NMMMMMNMDI—Ar—ai—Ir—Ii—IHb—AHT—IH are: whom—awwHooooxicnootop—ao 0 Overnight parking was prohibited; 0 Deliveries, loading and unloading for Manila Market were restricted to hours outside of 8:00 am and 7:00 pm, seven days a week; 0 Designated employee parking was required; 9 Signs were to be posted notifying vendors of the delivery restrictions. King’s lease with Manila Market requires the market to comply with all ordinances2 and allows King to regulate the use of the parking in the common areas, including requiring Manila’s employees to park in designated areas or to establish any other rules or restrictions regarding use 1When the bowling alley was built, the City granted a variance fi'om the parking requirement. Parking was assured because of common ownership of the entire center. 2Lease section 3.03 Law Offices of 2 Steven B. Pirer SEPARATE STATEMENT IN SUPPORT OP MOTION To COMPEL FURTHER RESPONSE To FORM INTERROGATORY 15.1 AND SANCTIONS AGAINST DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LA] of the common area.3 In 2007, iitke sold its pm“: of the center to King Plaza Center, LLC, a limited liability company owned by the Ho family. But with the Hos’ acquisition, parking became a serious issue. The lot at the corner of King and Callan Streets, with about 60 spaces, has been rendered \OOONIO‘tU‘l-bOJIOr—I ‘ useless. It has been rendered useless because Manila Market uses the lot for loading and unloading, garbage storage and long-term tractor-trailer parking. This conduct is prohibited by the City. Since 2007, DBP has tried to get its neighbor to comply with the rules. King’s managers, members of the Ho family, said they were trying to get their tenant, Manila Market, to comply.4 After putting up with years of inaction by King, conversion by Manila of a large portion of the common area and obstruction and interference with DBP’s easement, DBP brought this action to enjoin defendants’ interference with its propeity interest. Form inten'ogatories were sewed on the individual defendants. They responded; but as to 15.1, the answer did not address the bases for the denial of the material allegations of the first amended complaint. II. RELIEF SOUGHT BY THIS MOTION NNNNNMNNNl—‘b—‘t—ll—‘Hl—‘l—ll—‘l—‘H By this motion plaintiff DBP seeks an order requiring code-compliant answers to form interrogatory 15.1, as it relates to the denials of the material allegations of the first amended ooqmm-Aozwi—aooooxtmmcmMI—xo complaint, within five days of the hearing, and reimbursement of the cost of filing this motion and reasonable attorney fees. III. MEET AND CONFER EFFORTS The meet and confer efforts were extensive. And it appeared they bore fruit: On March 5, James Barrett, counsel for defendants, agreed to provide further responses.5 Mr. Barrett said he needed more time, which was given, as was DBP’S time to file a motion, which was extended for fifteen days. 3Lease section 15.05 4Although Edmond Ho, told his sisters and mother he didn’t understand why DBP was complaining, as “we have him (DBP) by the balls.” Apparently Mr. Ho didn’t know he and his family were bound by the easement. 5Exhibit 2 to Piser declaration. Law Offices of 3 Steven B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE To FORM INTERROGATORY 15.1 AND SANCTIONS AGAINST DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LAI The time to submit further answers was again extended because of settlement discussions. Then, on April 10, Mr. Barrett said further answers would not be forthcoming. IV. DISCOVERY AT ISSUE FORM INTERROGATORY 15.1: Identify each denial of a material allegation and each special or affirmative defense in \OOOVIOWO'l-POJLQI—t your pleadings and for: (a) state all facts upon which you base the denial or special or affirmative defense; (b) state the names, ADDRESSES, and telephone numbers of all PERSON who have knowledge of those facts; (0) identify all DOCUMENTS and other tangible things that support your denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. RESPONSE TO INTERROGATORY 15.16 Affirmative Defense Number will be identified by number only; 1. a. Manila Oriental Market has made all deliveries to the market and has not violated any parking requirement for the King Plaza so any facts stated in the MNMNMMNMNl—‘l—‘l—ll—lb—‘HHHl—IH complaint make no sense to answering party as to why I am named as a defendant 00\]O\01-I>OJL\DHO©OO\IO\UIJ>ODI\DP—IO b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102 c. no documents that I am aware of except my lease and the addendums 2. a. Plaintiff has allowed the current deliveries and parking the entire time I have operated the grocery store so he should be able to bring this lawsuit because he changed his use of the bowling alley b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102 0. just the parking signs and the lease and its addendums. 3. a. Laches is based on the legal maxim "Equity aids the vigilant, not those who slumber on their rights." Plaintiff has waited over 20 years to bring this to the court 6 The response did not address the material allegations of the complaint. Law Offices of 4 Steven B. Piser SEPARATE STATEMENT lN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE To FORM INTERROGATORY 15.1 AND SANCTIONs AGAINST DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANII LAI /"\ ‘ /, and now expects me to provide all evidence when those witnesses, documents, memories are long sense gone. b. Bua Quach, 303 Cerror Drive Daly City CA 22 94015 415-577—8102 0. The agreement that Plaintiff did with the prior owners of King Plaza and the KOOO\]O\O‘l-POJLOT—I lease between King Plaza and Manila Oriental Market if one exists. All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street V Suite 1050, Oakland CA 94612 510-835-5582 a. Plaintiff has overused the parking lot to the detriment of all store owners and he should not be allowed to bring this lawsuit due to use over use that is Why all store owners are considering suing Plaintiff because they are responsible for the trouble b. l3ua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102 c. The agreement that Plaintiff did the prior owners of King Plaza and the lease between King Plaza and Manila Oriental Market All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050,‘ Oakland CA 94612 510—835—55 82 a. The same as Laches Plaintiff has waited over 20 years to bring this to the court and thus has waived his rights and is estopped from bringing this cause of NNNNNNNNMHl—‘HHb—IHHHHH ooqmmewwi—Aoomximmemmwo action b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102 c. The agreement that Plaintiff did the prior owners of. King Plaza and the lease between King Plaza and Manila Oriental Market All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612 510—835-5582 a. There is no document between Manila Oriental Market and Plaintiff so I have nothing in writing that supports their allegations. b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415—577-8102 c. The lack Of documents speaks for itself Law Offices of 5 Sieve" B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION To COMPEL FURTHER RESPONSE TO FORM INTERROGATORY 15.1 AND SANCTIONS AGAINST DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LN \Cj a. Plaintiff have no evidence of the duty of defendants to obey their rules so the duty of defendants is not triggered at any time. b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415—577-8102 0. There is no right of performance and Plaintiffs failure to identify such lack of koooxroxoieooroi—a performance triggers no duty of defendant and as such there are no documents to the knowledge of defendant that responds to this request. All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612 510—835-5582 a. At no time has Plaintiff participated in any negotiation to resolve the current claims with answering party. As a result they should be barred from bringing this action based on failure to mitigate. Instead of facing reality they have done nothing but brought this lawsuit to impose their agenda to expand their bowling alley through taking parking belonging to the other businesses. b. Bua Quach, 303 Ceiror Drive Daly City CA 94015 415-577-8102 c. There are no documents that I know of and that should explain the lack of mitigation by the Plaintiff 21. Due to the fact that there has been no problem until this lawsuit I can only NMMNMNMMMl—‘l—‘l—‘l—‘l—‘l—‘HHHH believe that King Plaza and Plaintiff had resolved these claims that is Why this mummewws—xooooxtmorcmwv-Ao affirmative defense is brought. That would have meant parties did a deal because I have had no problem for over 20 years b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102 c. I have no knowledge of any documents that relate to this. 10. a. Why would I believe that Plaintiff could bring this lawsuit when I have operated my business for over 20 years because after 4 years the statute on contracts has run to the best of my knowledge. b. Bua Quach, 303 CCI‘I‘OI‘ Drive Daly City CA 94015 415—577—8102 0. The only documents that support this is the original lease and addendums that go along with it. All documents to the best of my knowledge are in the Law Offices of 6 Steven B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSE TO FORM IN'I‘ERROGATORY 15.1 AND SANCF IONS AGAINST DEFENDANTS, BUA-QUACH, SOVAN LTEN, DONG VUONG AND THANH LA! \V/ , ~. ~ , I, t-l possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612 510-835—5582 11. a. There is no room for Plaintiff to have 200 to 300 bowlers during the'day park in the parking lot. Plaintiff is well aware and it is impossible for their lawsuit KOOO\TO\O1—I>OOL\D to make sense and it is unfair to all other stores in the King Plaza Mall. There is a limited amount of parking spaces and this lawsuit is made to bully the other businesses when they are well aware that it is impractical to force all other businesses to bow down and lose the livelihood of their shopping center parking. b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577-8102 0. The only documents that support this is the original lease and addendums that go along with it and the leases of each of the other stores in the shopping center. All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612 510—835-5582 12. a. The only thing I know is that the parking problem is not created by my store's operation that means the other stores use of the various parking areas are contributing to the Plaintiffs complaints because my store has operated without problem for over 20 years. NNMNMNNNNHHHl—‘HHHI—li—IH' b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415-577—8102 Ooflmm-PQMHOKOOOVOOILODNL—IO c. The only documents that support this is the original lease and addendums that go along with it and the leases of each of the other stores in the shopping center. All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612 510-835-5582 13. a. If Plaintiffs have brought these issues in some form of formal administrative or court process then they would be barred bringing this again. Plaintiffs have brought this up and now claim they have a deal with the City, that deal should bar any further action and if they failed to enforce-it then that should be their problem as resolved previously. b. Bua Quach, 303, Cerror Drive Daly City CA 94015 415-577-8102 Law Offices of 7 Steven B. Piser SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSE TO FORM INTERROGATORY 15.]. AND SANCT IONS AGAINST DEFENDANTS, BUA-QUACH, SOVAN LIEN, DONG VUONG AND THANH LAI 6/ c. The only documents that support this is the original lease and addendums that go along with it and the leases of each of the other stores in the shopping center. All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612 510-835-55 82 \OOO\IO\UI-I>OOIOH 14. a. I do not see their claim because they have brought this lawsuit simply to work out a parking problem that is not really a claim but a request. Plaintiff have wasted all parties over a issue that they cannot explain properly b. Bua Ouach, 303 Cerror Drive Daly City CA 94015 415-577-8102 c. The only documents that support this is the original lease and addendums that go along with it and the leases of each of the other stores in the shopping center. All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612 510—83 5-55 82 15. a. As stated previously any deal on the use of the parking lot was done over 20 years ago and Plaintiffs cannot come back now and pretend it was last week or last year or any time for a reasonable group of parties to work out an agreement. Plaintiffs have waived their rights by failing to enforce previously and allowing the operation of all of the stores to continue for these many years. MMMMNNMNNHl—‘HHHHHHHl—l b. Bua Quach, 303 Cerror Drive Daly City CA 94015 415—577-8102 mflmm-PCOMHOKOOOflCfim—P-CDIOHO c. The only documents that support this is the original lease and addendums that go along with it and the leases of each of the other stores in the shopping center. Also whatever written deal Plaintiff worked out with the prior owner showing how long ago and why they have waived their rights. All documents to the best of my knowledge are in the possession of Steven Piser, 1300 Clay Street SSuite 1050, Oakland CA 94612 510-835—5582