Preview
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1 STEVEN B. PISER, SBN 62414
LAW OFFICES OF STEVEN B. PISER
2 A Professional Corporation
1300 Clay Street, Suite 1050
3 Oakland, California 94612
, Telephone: (510) 835—55 82
4 Facsimile: (510) 832—1717
5 JOHN L. FITZGERALD, SBN 126613
LAW OFFICES OF JOHN L. FITZGERALD
6 101 California Street, Suite 2300
San Francisco, California 94111
7 Telephone: (415) 689-1209
8
Attorneys for
9 DBP INVESTMENTS,
a California General Partnership
10
1 1
12
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA '
13
\lll“I“\\\11111111111111“ll
IN AND FOR THE COUNTY OF SAN MATEO
VI 14
CIV538897 Amended
15 AMEN
531274
DBP INVESTMENTS, a California General ) CASE No. CIV538897
Partnership, )
)
Plaintiff ) AMENDED NOTICE OF MOTION AND MOTION
) TO COMPEL FURTHER ANSWER To SPECIAL
V. ) INTERROGATORY #5 AND FOR SANCTIONs
) FROM KING PLAZA CENTER, LLC
KING PLAZA CENTER, LLC, a Delaware )
Limited Liability Company, BUA—QUACH, ) DATE JUNE 26, 2017
an individual, SOVAN LIEN, an individual, ) TIME 9:00 A.M.
DONG VUONG, an individual, THANH ) DEPT. LAW & MOTION
NNNMMNNNNP—‘l—‘HH
LAI, and DOES 1 through 10 ) TRIAL NOVEMBER 13,2017
)
mflmm-DOJIOHOOOOVO
Defendants. )
)
KING PLAZA CENTER, LLC, a Delaware )
Limited Liability Company, )
)
Cross-Complainant, )
v. )
DBP INVESTMENTS, a California General )
I
Partnership and ROES 1 through 10,
3
Cross-Defendants. )
)
Law Offices of l
Steven B. Piser AMENDED NOTICE OF MOTION AND MOTION To COMPEL FURTHER ANSWER To SPECIAL INTERROGATORY #5 AND FOR SANCTIONS FROM KING
PLAZA CENTER, LLC
r-‘
PLEASE TAKE NOTICE that on June 26, 2017 at 9:00 a.m. in Law & Motion
10 Department of the above-entitled court, located at 400 County Center, Redwood City, California,
or as soon thereafter as the matter can be heard, DBP Investments will seek an order compelling
4N0)
further responses to special interrogatory 5, from defendant King Plaza Center, LLC and for
U] sanctions against King Plaza Center, LLC.
O\ This motion will be based on the grounds that the information sought by the
\I interrogatory is properly the subject of discovery that good cause exists for compelling responses
00 to the interrogatory, that the answer is incomplete and evasive and the failure to provide a proper
© answer is Without substantial justification. This motion is made based upon California Code of
Civil Procedure §§ 2030.300 and 2023.010.
This motion is based upon this notice, the complaint, separate statement, declaration of
Steven B. Piser, memorandum of points and authorities and such other and further evidence that
may be presented at the hearing.
LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
/
DATED: May%, 2017 By:
wwwwmwwwwt—‘Hl—‘i—lt—lt—ll—ll—‘r—‘H
STEVEN B. PISER
Attorney for
DBP INVESTMENTS, a California
DONOW-PWNHOKOOOVOO'l-PCDIOHO
General Partnership
Law Offices of 2
Steven B. Piser AMENDED NOTICE OF MOTION AND MOTION To COMPEL FURTHER ANSWER To SPECIAL INTERROOATORY #5 AND FOR SANCTIONs FROM KING
PLAZA CENTER, LLC
r—A
PROOF OF SERVICE BY US. MAIL
DBP Investments v. King Plaza Center, LLC And Related Cross-Action
[\3
San Mateo County Superior Court, Unlimited Jurisdiction
Case #CIV538897
45'03
I, Esperanza Izazaga, declare the following:
()1
I 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
O 1050, Oakland, California 94612.
\‘l
On May 26, 2017, I served a copy of:
00
AMENDED NOTICE OF MOTION AND MOTION To COMPEL FURTHER ANSWER To SPECIAL
INTERROGATORY #5 AND FOR SANCTIONS FROM KING PLAZA CENTER, LLC
O
by placing said copy sealed in an envelope(s) addressed as follows:
Attorneys for King Plaza Center, LLC Attorneys for Baa-Quack, Sovan Lien, Dong Vuon g,
Ronald R. Rossi Thanh Lai
Madolyn Orr James M. Barrett
Rossi, Hamerslough, Reischl & Chuck Law Ofiice ofJames M Barrett
5150 E1 camlllo RetaL sum" D22
1960 The Alameda ’ Suite 200
Los Altos, California 94022
San Jose: CA 95126 Telephone: (650) 969-3687
Telephone: (408) 261-4252 Facsimile: (650) 969-3699
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 May 26, 2017.
NMNNMNNNMI—‘I—Il—lr—Ip—Ip—IHHHI—I
I declare under penalty of perjury that the foregoing is true and correct. Executed May
26, 2017, at Oakland, California. .
.
W
(”\TO‘U'l-P-OOIQP—‘OKOWVOWCfl-PCDNHO
Espel‘anza IzagagaU w
Law Offices of
Steven B. Piser PROOF OF SERVICE BY US. MAIL
Preview
. C 1 STEVEN B. PISER, SBN 62414 LAW OFFICES OF STEVEN B. PISER 2 A Professional Corporation 1300 Clay Street, Suite 1050 3 Oakland, California 94612 , Telephone: (510) 835—55 82 4 Facsimile: (510) 832—1717 5 JOHN L. FITZGERALD, SBN 126613 LAW OFFICES OF JOHN L. FITZGERALD 6 101 California Street, Suite 2300 San Francisco, California 94111 7 Telephone: (415) 689-1209 8 Attorneys for 9 DBP INVESTMENTS, a California General Partnership 10 1 1 12 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ' 13 \lll“I“\\\11111111111111“ll IN AND FOR THE COUNTY OF SAN MATEO VI 14 CIV538897 Amended 15 AMEN 531274 DBP INVESTMENTS, a California General ) CASE No. CIV538897 Partnership, ) ) Plaintiff ) AMENDED NOTICE OF MOTION AND MOTION ) TO COMPEL FURTHER ANSWER To SPECIAL V. ) INTERROGATORY #5 AND FOR SANCTIONs ) FROM KING PLAZA CENTER, LLC KING PLAZA CENTER, LLC, a Delaware ) Limited Liability Company, BUA—QUACH, ) DATE JUNE 26, 2017 an individual, SOVAN LIEN, an individual, ) TIME 9:00 A.M. DONG VUONG, an individual, THANH ) DEPT. LAW & MOTION NNNMMNNNNP—‘l—‘HH LAI, and DOES 1 through 10 ) TRIAL NOVEMBER 13,2017 ) mflmm-DOJIOHOOOOVO Defendants. ) ) KING PLAZA CENTER, LLC, a Delaware ) Limited Liability Company, ) ) Cross-Complainant, ) v. ) DBP INVESTMENTS, a California General ) I Partnership and ROES 1 through 10, 3 Cross-Defendants. ) ) Law Offices of l Steven B. Piser AMENDED NOTICE OF MOTION AND MOTION To COMPEL FURTHER ANSWER To SPECIAL INTERROGATORY #5 AND FOR SANCTIONS FROM KING PLAZA CENTER, LLC r-‘ PLEASE TAKE NOTICE that on June 26, 2017 at 9:00 a.m. in Law & Motion 10 Department of the above-entitled court, located at 400 County Center, Redwood City, California, or as soon thereafter as the matter can be heard, DBP Investments will seek an order compelling 4N0) further responses to special interrogatory 5, from defendant King Plaza Center, LLC and for U] sanctions against King Plaza Center, LLC. O\ This motion will be based on the grounds that the information sought by the \I interrogatory is properly the subject of discovery that good cause exists for compelling responses 00 to the interrogatory, that the answer is incomplete and evasive and the failure to provide a proper © answer is Without substantial justification. This motion is made based upon California Code of Civil Procedure §§ 2030.300 and 2023.010. This motion is based upon this notice, the complaint, separate statement, declaration of Steven B. Piser, memorandum of points and authorities and such other and further evidence that may be presented at the hearing. LAW OFFICES OF STEVEN B. PISER A Professional Corporation / DATED: May%, 2017 By: wwwwmwwwwt—‘Hl—‘i—lt—lt—ll—ll—‘r—‘H STEVEN B. PISER Attorney for DBP INVESTMENTS, a California DONOW-PWNHOKOOOVOO'l-PCDIOHO General Partnership Law Offices of 2 Steven B. Piser AMENDED NOTICE OF MOTION AND MOTION To COMPEL FURTHER ANSWER To SPECIAL INTERROOATORY #5 AND FOR SANCTIONs FROM KING PLAZA CENTER, LLC r—A PROOF OF SERVICE BY US. MAIL DBP Investments v. King Plaza Center, LLC And Related Cross-Action [\3 San Mateo County Superior Court, Unlimited Jurisdiction Case #CIV538897 45'03 I, Esperanza Izazaga, declare the following: ()1 I 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 O 1050, Oakland, California 94612. \‘l On May 26, 2017, I served a copy of: 00 AMENDED NOTICE OF MOTION AND MOTION To COMPEL FURTHER ANSWER To SPECIAL INTERROGATORY #5 AND FOR SANCTIONS FROM KING PLAZA CENTER, LLC O by placing said copy sealed in an envelope(s) addressed as follows: Attorneys for King Plaza Center, LLC Attorneys for Baa-Quack, Sovan Lien, Dong Vuon g, Ronald R. Rossi Thanh Lai Madolyn Orr James M. Barrett Rossi, Hamerslough, Reischl & Chuck Law Ofiice ofJames M Barrett 5150 E1 camlllo RetaL sum" D22 1960 The Alameda ’ Suite 200 Los Altos, California 94022 San Jose: CA 95126 Telephone: (650) 969-3687 Telephone: (408) 261-4252 Facsimile: (650) 969-3699 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 May 26, 2017. NMNNMNNNMI—‘I—Il—lr—Ip—Ip—IHHHI—I I declare under penalty of perjury that the foregoing is true and correct. Executed May 26, 2017, at Oakland, California. . . W (”\TO‘U'l-P-OOIQP—‘OKOWVOWCfl-PCDNHO Espel‘anza IzagagaU w Law Offices of Steven B. Piser PROOF OF SERVICE BY US. MAIL