On June 01, 2016 a
Motion-Secondary
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.
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114 II 1L
SAN MATEO comm
E D
STEVEN B. PISER, SBN 62414
N~r—-
LAW OFFICES OF STEVEN B. PISER
Auamazmz
A Professional Corporation
00
1300 Clay Street, Suite
Oakland, California 94612
1050
Bays —-
4......“
@5515“
'
Telephone: (510) 835-55 82
45
Facsimile: (510) 832—1717
01
JOHN L. FITZGERALD, SBN 126613
LAW OFFICES OF JOHN L. FITZGERALD
O\
44 Montgomery Street, Suite 2080
San Francisco, California 94104
\I Telephone: (415) 689—1209
00
Attorneys for ’
CIV538897
KO
DBP INVESTMENTS, ,
DEC
Declaration
a California General Partnership 649446
llllllllllllllllllllllllIll
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
DBP INVESTMENTS, a California General ) CASE No. CIV538897
Partnership, )
)
Plaiidfiff ) DECLARATION OF STEVEN B. PISER IN
NDNNNMMNNHHl—lr—‘l—‘l—‘I—‘HHH
) OPPOSITION To MOTION TO AMEND
V.
OOflmm-DCDMHODOOQOIO‘l-bOJIQI—AO
)
) DATE AUGUST 22, 2017
KING PLAZA CENTER, LLC, a Delaware ) TIME 9:00 AM.
Limited Liability Company, BUA-QUACH, ) DEPT. LAW & MOTION
an individual, SOVAN LIEN, an individual, ) TRIAL : NOVEMBER 13, 2017
DONG VUONG, an individual, THANH )
LAI, and DOES 1 through 10
rev FAX
i
Defendants. )
)
KING PLAZA CENTER, LLC, a Delaware )
Limited Liability Company, )
)
Cross~C0mplainamj )
v. )
)
DBP INVESTMENTS, a California General )
Partnership and ROES 1through 10, )
)
Cross-Defendants. )
)
Law Offices of
Steven B. Plser l
DECLARATION OF STEVEN B. PISER 1N OPPOSITION To MOTION
To AMEND
-
1 I, Steven B. Piser, declare:
2 I am the attorney for DBP with primary responsibility for this action, including initiating,
3 responding to, and conducting discovery and engagement of tn'al consultants and experts. I have
4 personally reviewed and summarized over 10,000 pages of documents and have interviewed
5 witnesses. I am the attorney for DBP who is most familiar with the facts, circumstances and
6 legal issues in this action.
7 I have reviewed the proposed amendment and have conducted preliminary-research on
8 the issues raised by it. The issues raised by the affirmative defense are factually and legally
9 complex.
1O In addition to further analysis of the legal issues raised by the proposed amendment, in
11 order to fully prepare for trial, additional discovery including depositions, request for admissions
12 and interrogatories will be required. And based on the discovery, potential experts may need to
13 be retained;
14 I willbe out of the country, and unavailable, through September 18 to October 28.
15 Counsel for King was notified on June 15, 2017 of my unavailability.
16 Depositions on the issues raised by the proposed amendment cannot be taken until
17 written discovery has been completed.
18 The proposed affirmative defense may be proper for determination by a motion for
19 summary adjudication. A motion for summary adjudication must be filed no less than 105 days
20 before trial.
21 The current pre—trial deadlines are not compatible with DBP’s need to prepare the case in
22 the following respects:
23 0 Expert disclosure is September 25. It is not feasible to evaluate the need
24 for retention of an expert based on the newly—asserted defense, let alone
25 provide the expert with meaningful information to formulate an opinion.
26 o The last day to file a motion for summary adjudication was July 31. A
27 motion for summary adjudication would be impossible.
28 o The close of discovery is October 16. Discovery has been difficult. Even
Law Offices of
Steven B. Piser 2
srx IN Opposmou To monon To AMEND
DECLARATION OF STEVEN B.
if King were to fully cooperate with discovery~--meaning providing code-
compliant responses, the process of submitting and following up on
discovery necessitated by the newly-asserted defense could not be
accomplished given the current deadline.
OOOVONO'l—IfiOJtQI—A
- No discovery has been conducted on the issues raised by the proposed
affirmative defense.
If the court is inclined to grant the motion to amend, any continuance should be
conditioned on the trial date and pre-trial deadlines being continued.
King’s attorney agreed the trial date may be continued. But he has declined to extend any
O
,_.
pre-trial deadlines.1
)—-
|—‘
Granting the motion to amend, without allowing DBP to conduct discovery and evaluate,
[0
r—I
and file, if appropriate, a motion for summary adjudication will deprive DBP of fundamental due
-
00
1—-
process. DBP will prevented from investigating all aspects of the defense and the issues raised
43-
I—I
by it. This would not be fair.
H 01 I am agreeable to continuing the trial to January or February 2018, provided that date
ON
I—‘
works for the court and all deadlines are set in accordance with the new trial date.
\1
v—I
I declare under penalty of perjury under the laws of the State of California that the
00
I—I
foregoing is true and correct and that the content of this declaration is based on my personal
knowledge.
L
K)
I—d
N)
O Executed this day of August 2017 at Oakland, California.
N)r—-
[Q [Q ST EN .PISER
[O 0)
[0 A
[0 01
IO C)
10 \I
[O 00
1SeeExhibit D to Declaration of John L. Fitzgerald.
of
Law Ojjl‘ces
Steven B. Plser 3
DECLARATION OF STEVEN B. PISER IN OPPOSITION TO MOTION TO AMEND
Preview
0/ @\ JV T, _ _ 114 II 1L SAN MATEO comm E D STEVEN B. PISER, SBN 62414 N~r—- LAW OFFICES OF STEVEN B. PISER Auamazmz A Professional Corporation 00 1300 Clay Street, Suite Oakland, California 94612 1050 Bays —- 4......“ @5515“ ' Telephone: (510) 835-55 82 45 Facsimile: (510) 832—1717 01 JOHN L. FITZGERALD, SBN 126613 LAW OFFICES OF JOHN L. FITZGERALD O\ 44 Montgomery Street, Suite 2080 San Francisco, California 94104 \I Telephone: (415) 689—1209 00 Attorneys for ’ CIV538897 KO DBP INVESTMENTS, , DEC Declaration a California General Partnership 649446 llllllllllllllllllllllllIll IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO DBP INVESTMENTS, a California General ) CASE No. CIV538897 Partnership, ) ) Plaiidfiff ) DECLARATION OF STEVEN B. PISER IN NDNNNMMNNHHl—lr—‘l—‘l—‘I—‘HHH ) OPPOSITION To MOTION TO AMEND V. OOflmm-DCDMHODOOQOIO‘l-bOJIQI—AO ) ) DATE AUGUST 22, 2017 KING PLAZA CENTER, LLC, a Delaware ) TIME 9:00 AM. Limited Liability Company, BUA-QUACH, ) DEPT. LAW & MOTION an individual, SOVAN LIEN, an individual, ) TRIAL : NOVEMBER 13, 2017 DONG VUONG, an individual, THANH ) LAI, and DOES 1 through 10 rev FAX i Defendants. ) ) KING PLAZA CENTER, LLC, a Delaware ) Limited Liability Company, ) ) Cross~C0mplainamj ) v. ) ) DBP INVESTMENTS, a California General ) Partnership and ROES 1through 10, ) ) Cross-Defendants. ) ) Law Offices of Steven B. Plser l DECLARATION OF STEVEN B. PISER 1N OPPOSITION To MOTION To AMEND - 1 I, Steven B. Piser, declare: 2 I am the attorney for DBP with primary responsibility for this action, including initiating, 3 responding to, and conducting discovery and engagement of tn'al consultants and experts. I have 4 personally reviewed and summarized over 10,000 pages of documents and have interviewed 5 witnesses. I am the attorney for DBP who is most familiar with the facts, circumstances and 6 legal issues in this action. 7 I have reviewed the proposed amendment and have conducted preliminary-research on 8 the issues raised by it. The issues raised by the affirmative defense are factually and legally 9 complex. 1O In addition to further analysis of the legal issues raised by the proposed amendment, in 11 order to fully prepare for trial, additional discovery including depositions, request for admissions 12 and interrogatories will be required. And based on the discovery, potential experts may need to 13 be retained; 14 I willbe out of the country, and unavailable, through September 18 to October 28. 15 Counsel for King was notified on June 15, 2017 of my unavailability. 16 Depositions on the issues raised by the proposed amendment cannot be taken until 17 written discovery has been completed. 18 The proposed affirmative defense may be proper for determination by a motion for 19 summary adjudication. A motion for summary adjudication must be filed no less than 105 days 20 before trial. 21 The current pre—trial deadlines are not compatible with DBP’s need to prepare the case in 22 the following respects: 23 0 Expert disclosure is September 25. It is not feasible to evaluate the need 24 for retention of an expert based on the newly—asserted defense, let alone 25 provide the expert with meaningful information to formulate an opinion. 26 o The last day to file a motion for summary adjudication was July 31. A 27 motion for summary adjudication would be impossible. 28 o The close of discovery is October 16. Discovery has been difficult. Even Law Offices of Steven B. Piser 2 srx IN Opposmou To monon To AMEND DECLARATION OF STEVEN B. if King were to fully cooperate with discovery~--meaning providing code- compliant responses, the process of submitting and following up on discovery necessitated by the newly-asserted defense could not be accomplished given the current deadline. OOOVONO'l—IfiOJtQI—A - No discovery has been conducted on the issues raised by the proposed affirmative defense. If the court is inclined to grant the motion to amend, any continuance should be conditioned on the trial date and pre-trial deadlines being continued. King’s attorney agreed the trial date may be continued. But he has declined to extend any O ,_. pre-trial deadlines.1 )—- |—‘ Granting the motion to amend, without allowing DBP to conduct discovery and evaluate, [0 r—I and file, if appropriate, a motion for summary adjudication will deprive DBP of fundamental due - 00 1—- process. DBP will prevented from investigating all aspects of the defense and the issues raised 43- I—I by it. This would not be fair. H 01 I am agreeable to continuing the trial to January or February 2018, provided that date ON I—‘ works for the court and all deadlines are set in accordance with the new trial date. \1 v—I I declare under penalty of perjury under the laws of the State of California that the 00 I—I foregoing is true and correct and that the content of this declaration is based on my personal knowledge. L K) I—d N) O Executed this day of August 2017 at Oakland, California. N)r—- [Q [Q ST EN .PISER [O 0) [0 A [0 01 IO C) 10 \I [O 00 1SeeExhibit D to Declaration of John L. Fitzgerald. of Law Ojjl‘ces Steven B. Plser 3 DECLARATION OF STEVEN B. PISER IN OPPOSITION TO MOTION TO AMEND