Preview
A8
XV:1
1 RONALD R. ROSSI (SBN 43067)
MADOLYN D. ORR (SBN 280608)
2 CHARLES R. HELLSTROM (SBN 294540) E D
I’V ROSSI, HAMERSLOUGH, REISCHL & CHUCK COUNTY
,3 ‘10 3 1960 The Alameda, Suite 200 -
V San Jose, CA 95126—1493
4 Tel: (408) 261-4252
Fax: (408) 261-4292
5
Attorneys for Defendant
6 KING PLAZA CENTER, LLC
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF SAN MATEO
9
DBP INVESTMENTS,
'
a California General Case No.: CIVS38897
10 Partnership,
AMENDED
11
‘
Plaintiff, NOTICE OF MOTION AND MOTION
TO COMPEL RESPONSE TO SPECIAL
12 vs. V
INTERROGATORY AND REQUEST
FOR SANCTIONS
13 KING PLAZA CENTER, LLC, a Delaware
Limited Liability Company, BUA—QUACH, an Date: November 2, 2017 (previously
14 individual, SOVAN LIEN, an individual, October 26. 2017)
DONG VUONG, an individual, THANH LAI, Time: 9:00 a.m.
15 and DOES 1 through 10, Dept: Law & Motion
16 Defendants. Action Filed: June 1,2016
Trial Date: November 13. 2017
17 KING PLAZA CENTER, LLC, a Delaware
Limited Liability Company,
18 .
Cross-Complainant,
19
20
DBP
vs.
,
INVESTMENTS, a California General
cwsassw
”0?
\~—\ '
21 Partnership, and ROES 1through 10, 742;:
23“" L '''''\—- ~_ \~
1/1IIllIIIII/IIIIIII/II/IIIl/II/IIIllll
24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
25 PLEASE TAKE NOTICE that, at the direction of the court clerks, the hearing on the
"HE? 26 herein-referenced motion previously set for Thursday, October 26, 2017 at 9:00 a.m. will
.Eiiiiiiizl 27 now be heard November 2, 2017 at 9:00 a.m. in Law & Motion Department of the above-
28 referenced Court located at 400 County Center, Redwood City, California, Defendant King Plaza
AMENDED NOTICE OF MOTION 1
Center, LLC (“Defendant”) will and does move for an order compelling Plaintiff DBP
Investments to respond to Special lnten'ogatory and for sanctions.
This Motion will be made pursuant to C.C.P. §§ 2030.300, 2023.010, 2023.030(a)=
2030.300(a),(d), and on the grounds that Plaintiff DBP’s response to the special interrogatory
addressed in the moving papers includes unmeritorious objection is evasive and incomplete, and
constitutes a misuse of the discovery process.
The Motion is based upOn this Notice, Memorandum of Points and Authorities in
support, the Declaration of Madol-yn D, Orr in support, Reiq‘tie‘Stforludic'ial Notice, in support,
the pleadings, records and files herein, and such other and further exiidenceand argument as may
be presented at the hearing.
Parties intending to appear and contest atentaiii‘ae ruling on the .Law and Motion
calendar must call (650) 261-5019. to notifi) the court ofsuchintent before 4:00 p. m. on the first
court date preceding the hearing. You must also give 'notice'before 41-00 pm. to all parties of
your intent to appear pursuant to California Rules ofCourl 3. 1308(aM1). YOur hearing time will
be noted on the tentative ruling, as well as by case number via Open Access.
As stated in California Rule of Court No. 3.1308 and Local Rule ofCourt 3.10, parties
satisfied with the tentative ruling need not appear at the scheduled hearing. To state to the court
your intent 'to appear on the matter call the phone number for the department listed on your
tentative ruling notice.
Unless the court and opposing counsel have been notified of such intent, the tentative
ruling shall become the ruling of the Court without oral argument.
You must appear at the hearing ifyOu, are so"directed by the court in the tentative ruling
and be prepared to address those issues selforth by the. court in that ruling.
Dated: October 5. 2017 ROSSI. HAMERSLOUGH. REISCHL & CHUCK
Rom. llamcrdnugh.
BY:
Ii Chuck
[khaki RONALD R. ROSSI U
meals
MADOLYN D. ORR
95 I 11,449)
(410‘) 2(44252
Attorneys for Defendant
Fm(4123) 261-4292
KING PLAZA CENTER. LLC
Ix)
AMENDED NOTICE OF MOTION
I PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA:
3 I am a citizen of the United States and employed in the county aforesaid; I am over the
age of eighteen years, and not a party to the within action; my business address is 1960 The
4 Alameda= Suite 200, San Jose, CA 95126-1493. On the date set forth below I served the
documents described below:
3
,
AMENDED
6 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSE TO
SPECIAL INTERROGATORY AND REQUEST FOR SANCTIONS
7
On the following person(s)’ in this action by placing a. true copy thereof enclosed in a sealed
8 envelope addressed as follows:
9 Steven B. Piser, ESQ. _
James M. Barrett, Esq, .
LAW OFFICES OF STEVENB. PISER- Law Offioeof James M. BarrettPLC
10 A Professional‘Corporation 5150 E1 Camino-Real 11-22
.
1300 Clay Street, Suite 1050 Los Altos CA 94022
11 Oakland, CA 94612 P 650-969-3687
51 0—83 5-55 82 F 650-969-3699
‘12 510-832-1717 Fax 'b '
'amesba'rrettlaw.com
-
g
esperanzaO6®pacbell.net (VIA U.S. MAIL)
l3 (VIA PERSONAL SERVICE)
Attorney for Bua—Quach, Sovan Lien,
14 John L. Fitzgerald, Esq. Dong Vuo‘ng, and Thanh Lai
Law Offices of John L. Fitzgerald
15 44 Montgomery Street, Suite 2080
San Francisco, CA 94104
16 415—689—1209
iohntZZiil‘litzgeraldlawcom
17_ (VIA PERSONAL SERVICE)
18 Attorneys for Plaintiff ,
‘
DBP INVESTMENTS, A California
19 General Partnership
20 12] (BY MAIL) l sealed and placed for collection and mailing such envelope(s) with
postage thereon fully prepaid, addressed as stated above,» in the basket for outgoing mail at .
21 Rossi, Hamerslough, Reischl & Chuck. It is the firm’s ordinary business practice that all mail
’
placed in the basket is collected and taken for mailing that same day by an employee of the
22 U.S. Postal Service.
23 (BY ELECTRONIC TRANSMISSION) I caused such document(s) to .behtransmitted by
electronic transmission on this date to the offices of addressee(s). The transmrssron was
24 reported as complete and without error.
25 E21 (STATE) I declare under penalty of perjury under the laws 0" e State of CalifOrnia
that the foregoing is true and correct.
“arrears 26
[‘16l The Ammo}: _ . .
““3"" Executed on October 3, 2017 at San Jose, California.
inn lmc. CA
951264493
nos) 2.41.425:
77 If
rt: wan 2M 4292 '
28 i AWDA'M’ASCARENAS
S:\CL\R\R161 l3‘xPl..DGS'\i‘vl'l'C SPECIAL ROG #35‘AMENDED NTC OF MOTIONDO,\
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A8 XV:1 1 RONALD R. ROSSI (SBN 43067) MADOLYN D. ORR (SBN 280608) 2 CHARLES R. HELLSTROM (SBN 294540) E D I’V ROSSI, HAMERSLOUGH, REISCHL & CHUCK COUNTY ,3 ‘10 3 1960 The Alameda, Suite 200 - V San Jose, CA 95126—1493 4 Tel: (408) 261-4252 Fax: (408) 261-4292 5 Attorneys for Defendant 6 KING PLAZA CENTER, LLC 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF SAN MATEO 9 DBP INVESTMENTS, ' a California General Case No.: CIVS38897 10 Partnership, AMENDED 11 ‘ Plaintiff, NOTICE OF MOTION AND MOTION TO COMPEL RESPONSE TO SPECIAL 12 vs. V INTERROGATORY AND REQUEST FOR SANCTIONS 13 KING PLAZA CENTER, LLC, a Delaware Limited Liability Company, BUA—QUACH, an Date: November 2, 2017 (previously 14 individual, SOVAN LIEN, an individual, October 26. 2017) DONG VUONG, an individual, THANH LAI, Time: 9:00 a.m. 15 and DOES 1 through 10, Dept: Law & Motion 16 Defendants. Action Filed: June 1,2016 Trial Date: November 13. 2017 17 KING PLAZA CENTER, LLC, a Delaware Limited Liability Company, 18 . Cross-Complainant, 19 20 DBP vs. , INVESTMENTS, a California General cwsassw ”0? \~—\ ' 21 Partnership, and ROES 1through 10, 742;: 23“" L '''''\—- ~_ \~ 1/1IIllIIIII/IIIIIII/II/IIIl/II/IIIllll 24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 25 PLEASE TAKE NOTICE that, at the direction of the court clerks, the hearing on the "HE? 26 herein-referenced motion previously set for Thursday, October 26, 2017 at 9:00 a.m. will .Eiiiiiiizl 27 now be heard November 2, 2017 at 9:00 a.m. in Law & Motion Department of the above- 28 referenced Court located at 400 County Center, Redwood City, California, Defendant King Plaza AMENDED NOTICE OF MOTION 1 Center, LLC (“Defendant”) will and does move for an order compelling Plaintiff DBP Investments to respond to Special lnten'ogatory and for sanctions. This Motion will be made pursuant to C.C.P. §§ 2030.300, 2023.010, 2023.030(a)= 2030.300(a),(d), and on the grounds that Plaintiff DBP’s response to the special interrogatory addressed in the moving papers includes unmeritorious objection is evasive and incomplete, and constitutes a misuse of the discovery process. The Motion is based upOn this Notice, Memorandum of Points and Authorities in support, the Declaration of Madol-yn D, Orr in support, Reiq‘tie‘Stforludic'ial Notice, in support, the pleadings, records and files herein, and such other and further exiidenceand argument as may be presented at the hearing. Parties intending to appear and contest atentaiii‘ae ruling on the .Law and Motion calendar must call (650) 261-5019. to notifi) the court ofsuchintent before 4:00 p. m. on the first court date preceding the hearing. You must also give 'notice'before 41-00 pm. to all parties of your intent to appear pursuant to California Rules ofCourl 3. 1308(aM1). YOur hearing time will be noted on the tentative ruling, as well as by case number via Open Access. As stated in California Rule of Court No. 3.1308 and Local Rule ofCourt 3.10, parties satisfied with the tentative ruling need not appear at the scheduled hearing. To state to the court your intent 'to appear on the matter call the phone number for the department listed on your tentative ruling notice. Unless the court and opposing counsel have been notified of such intent, the tentative ruling shall become the ruling of the Court without oral argument. You must appear at the hearing ifyOu, are so"directed by the court in the tentative ruling and be prepared to address those issues selforth by the. court in that ruling. Dated: October 5. 2017 ROSSI. HAMERSLOUGH. REISCHL & CHUCK Rom. llamcrdnugh. BY: Ii Chuck [khaki RONALD R. ROSSI U meals MADOLYN D. ORR 95 I 11,449) (410‘) 2(44252 Attorneys for Defendant Fm(4123) 261-4292 KING PLAZA CENTER. LLC Ix) AMENDED NOTICE OF MOTION I PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA: 3 I am a citizen of the United States and employed in the county aforesaid; I am over the age of eighteen years, and not a party to the within action; my business address is 1960 The 4 Alameda= Suite 200, San Jose, CA 95126-1493. On the date set forth below I served the documents described below: 3 , AMENDED 6 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSE TO SPECIAL INTERROGATORY AND REQUEST FOR SANCTIONS 7 On the following person(s)’ in this action by placing a. true copy thereof enclosed in a sealed 8 envelope addressed as follows: 9 Steven B. Piser, ESQ. _ James M. Barrett, Esq, . LAW OFFICES OF STEVENB. PISER- Law Offioeof James M. BarrettPLC 10 A Professional‘Corporation 5150 E1 Camino-Real 11-22 . 1300 Clay Street, Suite 1050 Los Altos CA 94022 11 Oakland, CA 94612 P 650-969-3687 51 0—83 5-55 82 F 650-969-3699 ‘12 510-832-1717 Fax 'b ' 'amesba'rrettlaw.com - g esperanzaO6®pacbell.net (VIA U.S. MAIL) l3 (VIA PERSONAL SERVICE) Attorney for Bua—Quach, Sovan Lien, 14 John L. Fitzgerald, Esq. Dong Vuo‘ng, and Thanh Lai Law Offices of John L. Fitzgerald 15 44 Montgomery Street, Suite 2080 San Francisco, CA 94104 16 415—689—1209 iohntZZiil‘litzgeraldlawcom 17_ (VIA PERSONAL SERVICE) 18 Attorneys for Plaintiff , ‘ DBP INVESTMENTS, A California 19 General Partnership 20 12] (BY MAIL) l sealed and placed for collection and mailing such envelope(s) with postage thereon fully prepaid, addressed as stated above,» in the basket for outgoing mail at . 21 Rossi, Hamerslough, Reischl & Chuck. It is the firm’s ordinary business practice that all mail ’ placed in the basket is collected and taken for mailing that same day by an employee of the 22 U.S. Postal Service. 23 (BY ELECTRONIC TRANSMISSION) I caused such document(s) to .behtransmitted by electronic transmission on this date to the offices of addressee(s). The transmrssron was 24 reported as complete and without error. 25 E21 (STATE) I declare under penalty of perjury under the laws 0" e State of CalifOrnia that the foregoing is true and correct. “arrears 26 [‘16l The Ammo}: _ . . ““3"" Executed on October 3, 2017 at San Jose, California. inn lmc. CA 951264493 nos) 2.41.425: 77 If rt: wan 2M 4292 ' 28 i AWDA'M’ASCARENAS S:\CL\R\R161 l3‘xPl..DGS'\i‘vl'l'C SPECIAL ROG #35‘AMENDED NTC OF MOTIONDO,\