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STEVEN B. PISER, SBN 62414 gamma boom
LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
1300 Clay Street, Suite 1050
Oakland, California 94612
Telephone: (510) 835-5582
Facsimile: (510) 832-1717
\OCDflO‘Ul-QOJIOH JOHN L. FITZGERALD, SBN 126613
LAW OFFICES OF JOHN L. FITZGERALD
44 Montgomery Street, Suite 2080
San Francisco, California 94104
Telephone: (415) 689-1209
Attorneys for Plaintiff/Cross-Defendant
DBP INVESTMENTS,
a California General Partnership
HHD—‘t—‘l—‘l—‘H
©m-¥>O)MHO
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, )
17 )
Plaintiff ) NOTICE OF ENTRY or ORDER RE: ORDER
) RE: DBP’s APPLICATION FOR ORDER To
v. ) CORRECT ORDER NUNC PR0 TUNC
)
KING PLAZA CENTER, LLC, a Delaware )
Limited Liability Company, and DOES 1 ) BY PM
through 10
i
Defendants. )
1
KING PLAZA CENTER, LLC, a Delaware )
Limited Liability Company, )
) amass“
0 0t der
Cross-Conplainam, ) “2:138 cl
Entry 01
v. )
DBP INVESTMENTS, a California
Partnership and ROES 1 through 10,
)‘
General )
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Cross-Defendants. )
)
Law Oflices of
Jolm L. Fitzgerald NOTICE OF ENTRY OF ORDER
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on August 29, 2017, the Court entered Order Re: DBP’s
3 Application for Order to Correct Order Nunc Pro Tune, :1 copy of which is attached hereto as
4 Exhibit A.
5 LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
6
7 LAW OFFICES OF JOHN L. FITZGERALD
8
9 DATED: August 30, 2017 By:
10
.'
laintifflCross-Defendant
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11 DBP INV TMENTS, a California
General Partnership
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Law Offices of
2 """
10"" ’— F’W'a’” NOTICE or ENTRY or ORDER
EXHIBIT A
STEVEN B. PIS ER, SBN 62414
LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
1300 Clay Street, Suite 1050 ENDORSED FILED
Oakland, California 946i 2 SAN MATEO COUNTY
Telephone: (510) 835-5582
‘
Facsimile: (510) 832-1717 AUG 2 9 2017
\DOONOUI-DOOIOH
JOHN L. FITZGERALD, SBN 126613 Clerk of the Superior Court
LAW OFFICES OF JOHN L. FITZGERALD By ANDREA DALEY
44 Montgomery Street, Suite 2080 DEPUTY CLERK
San Francisco, California 94111
Telephone: (415) 689-1209
Attorneys for
DBP INVESTMENTS,
a California General Partnership
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
DBP INVESTMENTS, a California General J CASE NO. CIV538897
Partnership, )
)
Plaintiff ) ORDER RE: DBP’s APPLICATION FOR ORDER
) To CORRECT ORDER NUNC PRO TUNC
NMMMDMMMHI—ni—ai—IHHHI—HH
v. )
DATE
\lmm-wHOLOOONONm-DQMHO
) AUGUST 29, 2017
KING PLAZA CENTER, LLC, a Delaware ) TIME 2:00 PM.
Limited Liability Company, BUA-QUACI—I, ) DEPT. LAW & MOTION
an individual, SOVAN LIEN, an individual, ) TRIM. : NOVEMBER 13, 2017
DONG VUONG, an individual, THANH )
LAI, and DOES 1 through 10
;
Defendants. )
)
KING PLAZA CENTER, LLC, a Delaware )
Limited Liability Company, )
)
Cross-Complainant, )
v. )
)‘
DBP INVESTMENTS, a California General )
Partnership and ROES I through 10,
l
Cross-Defendants. )
28 )
Law Offices of
.Iulm L. Fitzgerald
ORDER RE: DBP‘s APPLICATION FOR ORDER To CORRELT ORDER NL’NC PRO TL'NC
1 Plaintiff and cross-defendant DBP Investments’ Ex Parte Application for an Order to
2 Correct an Order on King Plaza’s Motion for Leave to File an Amended Answer, issued on
3 August 22, 2017, None Pro Tune, came on for hearing in Department 16 of the above-entitled
4 court, Hon. Richard H. DuBois presiding. DBP investments was represented by the Law Offices
5 of Steven B. Piser, a Professional Corporation, and the Law Offices of John L. Fitzgerald, John
6 L. Fitzgerald appearing. There was no appearance by defendant and cross-complainant King
7 Plaza Center, LLC or defendants Bua-Quach, Sovan Lien, Dong Vong and Thanh Lai.
8 Having read the papers, and having considered the arguments of counsel, there being no
9 opposition, and good cause appearing, the Court mics as follows:
10 Ii The application is GRANTED.
1 1 The fourth sentence of the Minute Order on the Motiou for Leave to File Amended
12 Answer by King Plaza Center, LLC is corrected, so that the Order now reads as follows:
13 “Defendant King Plaza Center, LLC’s Motion for Leave to Amend its Answer is
14 DENIED. However, the motion is DENIED WIHTOUT PREJUDICEfHOULD THE
To RUM/J W“
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15 CASE NOT PROCEED TO TIRAL AS SCHEDULED.”
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17 IT IS SO ORDRED:
18 Judge Richard DuBois
Dated: August 29, 2017 By:
19 Judge of the Superior Court
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Law Oflicmnf
John L. Filrgerald 2
Ounea RE: news APPLICATION FOR 0mm To Connect 0mm Ntxc PRO Tum:
PROOF OF SERVICE
I am a member of the State Bar of Ca11forn1a, I am over the age of 18 and not a party to
the within action My business address is Law Offices of John L. Fitzgerald, 44 Montgomery
Street, Suite 2080, San Francisco, California 94104.
011 August 30, 2017, I served a copy of the document described as:
NOTICE OF ENTRY OF ORDER RE: ORDER RE: DBP’s APPLICATION FOR ORDER To CORRECT
\OCO‘NlGlUlAOJIQH
ORDER N UNC PRO TUNC
by placing a copy thereof enclosed in sealed envelopes addressed as follows:
Ronald R. Rossi
Madelyn D. Orr
Rossi, Hamerslough, Reischl & Chuck
1960 The Alameda, Suite 200
San Jose, CA 95126
Phone: 408-261-4252
Fax: 408-261-4292
James M. Barrett
Law Offices of James M. Barrett
5150 El Camino Real, Suite D22
Los Altos, California 94022
Phone: 650-969—3687
Fax: 650-969-3699
with postage thereon fully paid, in the United States Mail at San Francisco, California, addressed
MNDMMDMMHl—‘HHHHHHp—Ip—I
as set forth above. That there 15 a delivery service by the United States Mail at the place
addressed That the date of deposit 1n the mail was August 30, 2017
womemwwoomqmmcmwwo
I declare under penalty of perjury under the laws of California, that the foregoing 1s true
and correct. Executed on August 30, 2017, at San Francisco, Califo .
28
Law Oflices of
Jolm L Fimam!!! '
PROOF OF SERVICE 8“ MAIL
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STEVEN B. PISER, SBN 62414 gamma boom LAW OFFICES OF STEVEN B. PISER A Professional Corporation 1300 Clay Street, Suite 1050 Oakland, California 94612 Telephone: (510) 835-5582 Facsimile: (510) 832-1717 \OCDflO‘Ul-QOJIOH JOHN L. FITZGERALD, SBN 126613 LAW OFFICES OF JOHN L. FITZGERALD 44 Montgomery Street, Suite 2080 San Francisco, California 94104 Telephone: (415) 689-1209 Attorneys for Plaintiff/Cross-Defendant DBP INVESTMENTS, a California General Partnership HHD—‘t—‘l—‘l—‘H ©m-¥>O)MHO 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, ) 17 ) Plaintiff ) NOTICE OF ENTRY or ORDER RE: ORDER ) RE: DBP’s APPLICATION FOR ORDER To v. ) CORRECT ORDER NUNC PR0 TUNC ) KING PLAZA CENTER, LLC, a Delaware ) Limited Liability Company, and DOES 1 ) BY PM through 10 i Defendants. ) 1 KING PLAZA CENTER, LLC, a Delaware ) Limited Liability Company, ) ) amass“ 0 0t der Cross-Conplainam, ) “2:138 cl Entry 01 v. ) DBP INVESTMENTS, a California Partnership and ROES 1 through 10, )‘ General ) ' ililllllllllllll g Cross-Defendants. ) ) Law Oflices of Jolm L. Fitzgerald NOTICE OF ENTRY OF ORDER 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on August 29, 2017, the Court entered Order Re: DBP’s 3 Application for Order to Correct Order Nunc Pro Tune, :1 copy of which is attached hereto as 4 Exhibit A. 5 LAW OFFICES OF STEVEN B. PISER A Professional Corporation 6 7 LAW OFFICES OF JOHN L. FITZGERALD 8 9 DATED: August 30, 2017 By: 10 .' laintifflCross-Defendant ' 11 DBP INV TMENTS, a California General Partnership 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Law Offices of 2 """ 10"" ’— F’W'a’” NOTICE or ENTRY or ORDER EXHIBIT A STEVEN B. PIS ER, SBN 62414 LAW OFFICES OF STEVEN B. PISER A Professional Corporation 1300 Clay Street, Suite 1050 ENDORSED FILED Oakland, California 946i 2 SAN MATEO COUNTY Telephone: (510) 835-5582 ‘ Facsimile: (510) 832-1717 AUG 2 9 2017 \DOONOUI-DOOIOH JOHN L. FITZGERALD, SBN 126613 Clerk of the Superior Court LAW OFFICES OF JOHN L. FITZGERALD By ANDREA DALEY 44 Montgomery Street, Suite 2080 DEPUTY CLERK San Francisco, California 94111 Telephone: (415) 689-1209 Attorneys for DBP INVESTMENTS, a California General Partnership IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO DBP INVESTMENTS, a California General J CASE NO. CIV538897 Partnership, ) ) Plaintiff ) ORDER RE: DBP’s APPLICATION FOR ORDER ) To CORRECT ORDER NUNC PRO TUNC NMMMDMMMHI—ni—ai—IHHHI—HH v. ) DATE \lmm-wHOLOOONONm-DQMHO ) AUGUST 29, 2017 KING PLAZA CENTER, LLC, a Delaware ) TIME 2:00 PM. Limited Liability Company, BUA-QUACI—I, ) DEPT. LAW & MOTION an individual, SOVAN LIEN, an individual, ) TRIM. : NOVEMBER 13, 2017 DONG VUONG, an individual, THANH ) LAI, and DOES 1 through 10 ; Defendants. ) ) KING PLAZA CENTER, LLC, a Delaware ) Limited Liability Company, ) ) Cross-Complainant, ) v. ) )‘ DBP INVESTMENTS, a California General ) Partnership and ROES I through 10, l Cross-Defendants. ) 28 ) Law Offices of .Iulm L. Fitzgerald ORDER RE: DBP‘s APPLICATION FOR ORDER To CORRELT ORDER NL’NC PRO TL'NC 1 Plaintiff and cross-defendant DBP Investments’ Ex Parte Application for an Order to 2 Correct an Order on King Plaza’s Motion for Leave to File an Amended Answer, issued on 3 August 22, 2017, None Pro Tune, came on for hearing in Department 16 of the above-entitled 4 court, Hon. Richard H. DuBois presiding. DBP investments was represented by the Law Offices 5 of Steven B. Piser, a Professional Corporation, and the Law Offices of John L. Fitzgerald, John 6 L. Fitzgerald appearing. There was no appearance by defendant and cross-complainant King 7 Plaza Center, LLC or defendants Bua-Quach, Sovan Lien, Dong Vong and Thanh Lai. 8 Having read the papers, and having considered the arguments of counsel, there being no 9 opposition, and good cause appearing, the Court mics as follows: 10 Ii The application is GRANTED. 1 1 The fourth sentence of the Minute Order on the Motiou for Leave to File Amended 12 Answer by King Plaza Center, LLC is corrected, so that the Order now reads as follows: 13 “Defendant King Plaza Center, LLC’s Motion for Leave to Amend its Answer is 14 DENIED. However, the motion is DENIED WIHTOUT PREJUDICEfHOULD THE To RUM/J W“ ' 15 CASE NOT PROCEED TO TIRAL AS SCHEDULED.” 16 m 01' to I4 17 IT IS SO ORDRED: 18 Judge Richard DuBois Dated: August 29, 2017 By: 19 Judge of the Superior Court 20 21 h 22 23 24 25 26 27 28 Law Oflicmnf John L. Filrgerald 2 Ounea RE: news APPLICATION FOR 0mm To Connect 0mm Ntxc PRO Tum: PROOF OF SERVICE I am a member of the State Bar of Ca11forn1a, I am over the age of 18 and not a party to the within action My business address is Law Offices of John L. Fitzgerald, 44 Montgomery Street, Suite 2080, San Francisco, California 94104. 011 August 30, 2017, I served a copy of the document described as: NOTICE OF ENTRY OF ORDER RE: ORDER RE: DBP’s APPLICATION FOR ORDER To CORRECT \OCO‘NlGlUlAOJIQH ORDER N UNC PRO TUNC by placing a copy thereof enclosed in sealed envelopes addressed as follows: Ronald R. Rossi Madelyn D. Orr Rossi, Hamerslough, Reischl & Chuck 1960 The Alameda, Suite 200 San Jose, CA 95126 Phone: 408-261-4252 Fax: 408-261-4292 James M. Barrett Law Offices of James M. Barrett 5150 El Camino Real, Suite D22 Los Altos, California 94022 Phone: 650-969—3687 Fax: 650-969-3699 with postage thereon fully paid, in the United States Mail at San Francisco, California, addressed MNDMMDMMHl—‘HHHHHHp—Ip—I as set forth above. That there 15 a delivery service by the United States Mail at the place addressed That the date of deposit 1n the mail was August 30, 2017 womemwwoomqmmcmwwo I declare under penalty of perjury under the laws of California, that the foregoing 1s true and correct. Executed on August 30, 2017, at San Francisco, Califo . 28 Law Oflices of Jolm L Fimam!!! ' PROOF OF SERVICE 8“ MAIL