On June 01, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Dbp Investments,
King Plaza Center, Llc,
and
Does 1 - 10, Inclusive,
King Plaza Center,Llc,
Lai, Thanh,
Lien, Sovan,
Quach, Bua,
Voung, Dong,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
_\ .
I /
\Q‘ 85/ 82/2817 11: as 5569f;& , £99 LAW OFFICE ) PAGE 62/84
*o\\ .
WA.
COUNTY
JAMES M. BARRETT, ESQ. (SBN 190274)
SAN MATEO
MAY 0 22017
THE LAW OFFICE OF JAMES M. BARRETT, PLC
5150 EL CAMINO REAL,
Los ALTOS, CA 94022—1534
T: (650) 969-3687
F: (650) 969-3699
'E: JB@IAMESBARRETTLAW.COM
SUITE D—22
‘
WM”W s 'petiorcoufi
Attorneyfbr Defendants Bua Quack, Sovan Lien, Dang Vuong and Ihanh Lai
SUPERIOR COURT OF CALIFORNIA
FOR THE CITY AND COUNTY OF SAN MATEO
DBP INVESTMENTS, a California General )
Partnership, ) Case No.: CIV538897
Sic/511i
)
Plaintiff, ) DEFENDANT ’S NONHOPPOSITION TO
) PLAINTIFF’S MOTION TO COMPEL, AND
v. SANCTIONS, DECLARATION OF JAMES
_
; M. BARRETT
KING PLAZA CENTER, LLC a Delaware )
Limited Liability Company, BUA QUACH, an ) Date: May 16,2017 I‘NONOP
)
individual, SOVAN LIEN, an individual, Time: 9:00 AM.
m“ Mm
:
Non—Opposition?!) :
) 4B 0
15 DONG V'UONG, an individual, THANH LAI,
)
and DOES I through 10 Trial: Not Set
l6 )
Defendants. ) fINWIIIIIIIIIUIIIIIIIIII I! [HIM/I ,'
17 )
3
BY FAX
18
AND RELATED CROSS-ACTION
19 ;
COMES NOW Defendant Bua Quach, et 3L and states as follow: Defendant’s Counsel files a
20
Non-Opposition to Defendant’s Request for Motions to Comps] related
21 to Production of Documents
through Discovery.
DATED: May 1, 2017 Law Office of James M. Barrett PLC
23
.24
25
DBP v King Plaza at a! — Case No.: CIV53889‘7
'‘\
>
,/\
a
z
85/82/2817 11:88 6589l‘a _
,rEiEi LAW OFFICE ‘a_
J PAGE 83/84
I James M. Barrett, declare as follows:
1. I am an attorney duly licensed to practice before all courts in the
State of California.
2. This declaration is submitted in support of Defendant’s Non-opposition to
Plaintiff’s Request for a Motion to Compel.
3. I have personal knowledge of the matters stated herein, except those matters
stated on
information and belief, and to those matters, I believe them to be true.
If called as a
witness I can testify meaningfirlly as to those matters.
4. Just to be clear with this Court, Plaintiff has gone to great lengths to make issues out of
10 Non issues, in that the requested responses (documents) were not in the
custody or
ll control of Defendant Quach.
12 5. The Amended Responses will produced make this quite clear.
13 6. This entire Motion process was a waste of the Court’s time and energy. A proper use
14 of this process was for Moving Party to allow for the Amended Responses to be served
15
under the intent of the Discovery Act to avoid utilizing the Court’s time over this type \
of Motion. There was no emergency that would lead Moving Party to believe
16 that
waiting for the not in possession responses would have interfered with
their case.
17
I declare under penalty of perjury under the laws of the State of Califomia
18 that the
19
foregoing is true and correct.
20 DATE: May 1, 2017
21
22
23
24
25
DBP v King Plaza at a! - Case No.2 CIV538897 2
fix A.
85/82/2817 11:88 6589h_ M99 LAN OFFICE
i\l
g
. PAGE 84/84
DBP Investments v. King Plaza Et Al. CIV 5388§7
PROOF OF SERVICE
(1013a(3) CCP Revised ill/88)
STATE OF CALIFORNIA, COUNTY OF SANTA CLARA
I am employed in the county of Santa Clara, State of California. I am over the age of 18 and not
a party to the within action; my business address is: The Law Office of James M. Barrett, PLC, 5150 El
Camino Real, Suite D-22, Los Altos. California 94022-1534.
On May 2. 2017 I served the foregoing documents described as:
Defendants Non Opposition to Motion to Compel
in the interested party(ies) in this action by placing a true copy thereof enclosed in sealed envel0pes
and/or packages addressed as follows:
Steven B. Piser
1300 Clay Street Suite 1050
Oakland, CA 94612
John Fitzgerald
10] California Street Suite 2300
San Francisco, CA 94111
[X] BY OVERNIGHT DELIVERY: I served such envelope or package to be delivered on the
same day to an authorized c0urier or driver authorized by the express service carrier to receive
documents, in an envelope or package designated by the express service carrier.
[ declare under penalty of perjury under the laws of the State of California that the above is true and
correct.
Executed on May 2, 2017 at Los Altos, California.
S sic Maggio
PROOF OF SERVICE - 1
Document Filed Date
May 02, 2017
Case Filing Date
June 01, 2016
Category
(26) Unlimited Other Real Property
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_\ . I / \Q‘ 85/ 82/2817 11: as 5569f;& , £99 LAW OFFICE ) PAGE 62/84 *o\\ . WA. COUNTY JAMES M. BARRETT, ESQ. (SBN 190274) SAN MATEO MAY 0 22017 THE LAW OFFICE OF JAMES M. BARRETT, PLC 5150 EL CAMINO REAL, Los ALTOS, CA 94022—1534 T: (650) 969-3687 F: (650) 969-3699 'E: JB@IAMESBARRETTLAW.COM SUITE D—22 ‘ WM”W s 'petiorcoufi Attorneyfbr Defendants Bua Quack, Sovan Lien, Dang Vuong and Ihanh Lai SUPERIOR COURT OF CALIFORNIA FOR THE CITY AND COUNTY OF SAN MATEO DBP INVESTMENTS, a California General ) Partnership, ) Case No.: CIV538897 Sic/511i ) Plaintiff, ) DEFENDANT ’S NONHOPPOSITION TO ) PLAINTIFF’S MOTION TO COMPEL, AND v. SANCTIONS, DECLARATION OF JAMES _ ; M. BARRETT KING PLAZA CENTER, LLC a Delaware ) Limited Liability Company, BUA QUACH, an ) Date: May 16,2017 I‘NONOP ) individual, SOVAN LIEN, an individual, Time: 9:00 AM. m“ Mm : Non—Opposition?!) : ) 4B 0 15 DONG V'UONG, an individual, THANH LAI, ) and DOES I through 10 Trial: Not Set l6 ) Defendants. ) fINWIIIIIIIIIUIIIIIIIIII I! [HIM/I ,' 17 ) 3 BY FAX 18 AND RELATED CROSS-ACTION 19 ; COMES NOW Defendant Bua Quach, et 3L and states as follow: Defendant’s Counsel files a 20 Non-Opposition to Defendant’s Request for Motions to Comps] related 21 to Production of Documents through Discovery. DATED: May 1, 2017 Law Office of James M. Barrett PLC 23 .24 25 DBP v King Plaza at a! — Case No.: CIV53889‘7 '‘\ > ,/\ a z 85/82/2817 11:88 6589l‘a _ ,rEiEi LAW OFFICE ‘a_ J PAGE 83/84 I James M. Barrett, declare as follows: 1. I am an attorney duly licensed to practice before all courts in the State of California. 2. This declaration is submitted in support of Defendant’s Non-opposition to Plaintiff’s Request for a Motion to Compel. 3. I have personal knowledge of the matters stated herein, except those matters stated on information and belief, and to those matters, I believe them to be true. If called as a witness I can testify meaningfirlly as to those matters. 4. Just to be clear with this Court, Plaintiff has gone to great lengths to make issues out of 10 Non issues, in that the requested responses (documents) were not in the custody or ll control of Defendant Quach. 12 5. The Amended Responses will produced make this quite clear. 13 6. This entire Motion process was a waste of the Court’s time and energy. A proper use 14 of this process was for Moving Party to allow for the Amended Responses to be served 15 under the intent of the Discovery Act to avoid utilizing the Court’s time over this type \ of Motion. There was no emergency that would lead Moving Party to believe 16 that waiting for the not in possession responses would have interfered with their case. 17 I declare under penalty of perjury under the laws of the State of Califomia 18 that the 19 foregoing is true and correct. 20 DATE: May 1, 2017 21 22 23 24 25 DBP v King Plaza at a! - Case No.2 CIV538897 2 fix A. 85/82/2817 11:88 6589h_ M99 LAN OFFICE i\l g . PAGE 84/84 DBP Investments v. King Plaza Et Al. CIV 5388§7 PROOF OF SERVICE (1013a(3) CCP Revised ill/88) STATE OF CALIFORNIA, COUNTY OF SANTA CLARA I am employed in the county of Santa Clara, State of California. I am over the age of 18 and not a party to the within action; my business address is: The Law Office of James M. Barrett, PLC, 5150 El Camino Real, Suite D-22, Los Altos. California 94022-1534. On May 2. 2017 I served the foregoing documents described as: Defendants Non Opposition to Motion to Compel in the interested party(ies) in this action by placing a true copy thereof enclosed in sealed envel0pes and/or packages addressed as follows: Steven B. Piser 1300 Clay Street Suite 1050 Oakland, CA 94612 John Fitzgerald 10] California Street Suite 2300 San Francisco, CA 94111 [X] BY OVERNIGHT DELIVERY: I served such envelope or package to be delivered on the same day to an authorized c0urier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier. [ declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 2, 2017 at Los Altos, California. S sic Maggio PROOF OF SERVICE - 1