Preview
cen An ke Bw NR
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on 11/17/2020 3:11 PM
Reviewed By:M Vu
Env #5313080
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
YOUQIN CAO, an Individual, and
XINRONG JIANG, an Individual,
) CASE NO. 17CV310601
) [Assigned to the Hon. Socrates P. Manoukian,
) Dept. 20]
Plaintiffs, )
) [PROPOSED] ORDER GRANTING MOTION BY
vs. ) WEC AND ASSOCIATES, INC. FOR SUMMARY
) ADJUDICATION
CALIFORNIA HOME BUILDERS & _) Envelope; 5313080
DESIGN, INC. dba CALIFORNIA ) [Filed concurrently with Notice of Motion and
HOMES & DESIGNS, INC., a California ) Motion; Declaration of Bradley D. Doucette;
Corporation; CALIFORNIA HOMES AND) Declaration of Ed Wu; Declaration of Jing Quan;
AND RELATED CROSS-ACTIONS
KITCHEN DESIGN CENTER, INC., a ) Separate Statement of Undisputed Material Facts;
California Corporation; WEC ) Compendium of Evidence; and Request for Judicial
ASSOCIATES, INC., a California ) Notice]
Corporation; and DOES 2 through 100, )
) DATE: February 2, 2021
Defendants. ) TIME: 9:00 a.m.
) DEPT: 20
)
) Complaint Filed: 5/19/17
) FAC Filed: 8/15/17
) Trial Date: None
)
)
)
The Motion for Summary Adjudication of Defendant/Cross-Complainant/Cross-Defendant
WEC AND ASSOCIATES, INC. (“WEC”), came on regularly for hearing on February 2, 2021 in
Department 20 of the above-entitled court, the Honorable Socrates P. Manoukian, Judge Presiding.
20705
1
[PROPOSED] ORDER GRANTING MOTION BY WEC AND ASSOCIATES, INC.
FOR SUMMARY ADJUDICATIONcen An ke Bw NR
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The Court having considered the Motion, Evidence, Opposition, and Reply papers, and oral
argument presented by counsel at the hearing, the Court hereby ORDERS:
1. The Motion by WEC for Summary Adjudication on the seventeenth affirmative defense asserted
by WEC in this matter in response to Plaintiffs’ First Amended Complaint for damages is
GRANTED. Plaintiffs’ recovery of damages, if any, in this matter as to WEC shall be limited to
maximum aggregate sum of $100,000 per the parties’ contract.
2. The Court further ORDERS
IT IS SO ORDERED.
DATED:
The Honorable Socrates P. Manoukian
JUDGE OF THE SUPERIOR COURT
20705
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[PROPOSED] ORDER GRANTING MOTION BY WEC AND ASSOCIATES, INC.
FOR SUMMARY ADJUDICATIONcen An ke Bw NR
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PROOF OF SERVICE
(CCP gg 1013(a) and 2015.5; FRCP 5)
State of California, )
ss.
County of San Bemardino.
1 am employed in the County of San Bernardino. I am over the age of 18 and not a party to the within action. My business addres¢
is 10681 Foothill Boulevard, Suite 260, Rancho Cucamonga, California 91730.
On this date, I served the foregoing document described as [PROPOSED] ORDER GRANTING MOTION BY WEC ANI}
ASSOCIATES, INC. FOR SUMMARY ADJUDICATION on the interested parties in this action by placing same in a sealed envelope
addressed as follows:
SEE ATTACHED SERVICE LIST
(BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Rancho Cucamonga]
California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collectio
and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day wit
postage thereon fully prepaid at Rancho Cucamonga, California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing
in affidavit.
(BY CERTIFIED MAIL) — I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested
to be placed in the United States Mail in Rancho Cucamonga, California.
BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY
& (BY ELECTRONIC FILING AND/OR SERVICE) — Only by emailing the document(s) listed above to the parties in this action using
the email addresses identified on the attached Service List. During the period of Emergency Rule #12 declared pursuant to the COVID-1
Pandemic, as well as the Orders of the Govemor of California and Mayor of Los Angeles, this office is working remotely, not readily abl¢
to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication. No electroni
message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission,
FEDERAL EXPRESS - | caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with
delivery fees provided for.
(BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimil
number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (909) 581-6101 indicated al]
pages were transmitted.
(BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
Executed on November 17, 2020 at Ontario, California.
& (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
(FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
DEXISE WELCH
dwelch@cemslaw.com
20705
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[PROPOSED] ORDER GRANTING MOTION BY WEC AND ASSOCIATES, INC.
FOR SUMMARY ADJUDICATIONCc ety DH ke Ww NY
eee eee SS
CSS BK sos Se eas A Se ao Se SS
20705
YOUQIN CAO and XINRONG JIANG v. CALIFORNIA HOME BUILDERS & DESIGN, INC., etc., et al.
Santa Clara County Superior Court Case No. 17CV310601
CCMS File No. 20705
SERVICE LIST
Jeffrey H. Belote, Esq.
CLARK HILL LLP
One Embarcadero Center, Suite 400
San Francisco, CA 94111
(415) 984-8500 — Fax: (415) 984-8599
ATTORNEYS FOR Plaintiff/Cross-Defendants
YOUQUIN CAO & XINRONG JIANG
Kevin P. Kennedy, Esq.
E. Val Meneses, Esq.
KENNEDY & SOUZA, APC
7964 Arjons Drive, Suite I
San Diego, CA 92126
(858) 267-4127 — Fax: (858) 267-4128
kkennedy@kennedysouza.com
vmeneses(@kennedysouza.com
ASSOCIATED COUNSEL FOR Defendants/
Cross-Complainants/Cross-Defendants
CALIFORNIA HOMES AND KITCHEN DESIGN
CENTER, INC., and CALIFORNIA HOME
BUILDERS & DESIGN, INC.
4
Brian Preston, Esq.
LAW OFFICES OF BRIAN PRESTON
111 North Market Street, Suite 705
San Jose, CA 95113
(408) 293-2700 — Fax: (408) 293-2711
bp@briany
ATTORNEY FOR Defendants/
Cross-Complainants/Cross-Defendants
CALIFORNIA HOMES AND KITCHEN DESIGN
CENTER, INC., and CALIFORNIA HOME BUILDERS
& DESIGN, INC.
[PROPOSED] ORDER GRANTING MOTION BY WEC AND ASSOCIATES, INC.
FOR SUMMARY ADJUDICATION
Preview
cen An ke Bw NR YN YP YP YW YN KN NR YP & Be Be Be Be Be Re Re Re CS Fe ON ae so Se aoa AS ee a SS on 11/17/2020 3:11 PM Reviewed By:M Vu Env #5313080 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA YOUQIN CAO, an Individual, and XINRONG JIANG, an Individual, ) CASE NO. 17CV310601 ) [Assigned to the Hon. Socrates P. Manoukian, ) Dept. 20] Plaintiffs, ) ) [PROPOSED] ORDER GRANTING MOTION BY vs. ) WEC AND ASSOCIATES, INC. FOR SUMMARY ) ADJUDICATION CALIFORNIA HOME BUILDERS & _) Envelope; 5313080 DESIGN, INC. dba CALIFORNIA ) [Filed concurrently with Notice of Motion and HOMES & DESIGNS, INC., a California ) Motion; Declaration of Bradley D. Doucette; Corporation; CALIFORNIA HOMES AND) Declaration of Ed Wu; Declaration of Jing Quan; AND RELATED CROSS-ACTIONS KITCHEN DESIGN CENTER, INC., a ) Separate Statement of Undisputed Material Facts; California Corporation; WEC ) Compendium of Evidence; and Request for Judicial ASSOCIATES, INC., a California ) Notice] Corporation; and DOES 2 through 100, ) ) DATE: February 2, 2021 Defendants. ) TIME: 9:00 a.m. ) DEPT: 20 ) ) Complaint Filed: 5/19/17 ) FAC Filed: 8/15/17 ) Trial Date: None ) ) ) The Motion for Summary Adjudication of Defendant/Cross-Complainant/Cross-Defendant WEC AND ASSOCIATES, INC. (“WEC”), came on regularly for hearing on February 2, 2021 in Department 20 of the above-entitled court, the Honorable Socrates P. Manoukian, Judge Presiding. 20705 1 [PROPOSED] ORDER GRANTING MOTION BY WEC AND ASSOCIATES, INC. FOR SUMMARY ADJUDICATIONcen An ke Bw NR YN YP YP YW YN KN NR YP & Be Be Be Be Be Re Re Re CS Fe ON ae so Se aoa AS ee a SS The Court having considered the Motion, Evidence, Opposition, and Reply papers, and oral argument presented by counsel at the hearing, the Court hereby ORDERS: 1. The Motion by WEC for Summary Adjudication on the seventeenth affirmative defense asserted by WEC in this matter in response to Plaintiffs’ First Amended Complaint for damages is GRANTED. Plaintiffs’ recovery of damages, if any, in this matter as to WEC shall be limited to maximum aggregate sum of $100,000 per the parties’ contract. 2. The Court further ORDERS IT IS SO ORDERED. DATED: The Honorable Socrates P. Manoukian JUDGE OF THE SUPERIOR COURT 20705 2 [PROPOSED] ORDER GRANTING MOTION BY WEC AND ASSOCIATES, INC. FOR SUMMARY ADJUDICATIONcen An ke Bw NR YN YP YP YW YN KN NR YP & Be Be Be Be Be Re Re Re CS Fe ON ae so Se aoa AS ee a SS PROOF OF SERVICE (CCP gg 1013(a) and 2015.5; FRCP 5) State of California, ) ss. County of San Bemardino. 1 am employed in the County of San Bernardino. I am over the age of 18 and not a party to the within action. My business addres¢ is 10681 Foothill Boulevard, Suite 260, Rancho Cucamonga, California 91730. On this date, I served the foregoing document described as [PROPOSED] ORDER GRANTING MOTION BY WEC ANI} ASSOCIATES, INC. FOR SUMMARY ADJUDICATION on the interested parties in this action by placing same in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Rancho Cucamonga] California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collectio and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day wit postage thereon fully prepaid at Rancho Cucamonga, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (BY CERTIFIED MAIL) — I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in Rancho Cucamonga, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY & (BY ELECTRONIC FILING AND/OR SERVICE) — Only by emailing the document(s) listed above to the parties in this action using the email addresses identified on the attached Service List. During the period of Emergency Rule #12 declared pursuant to the COVID-1 Pandemic, as well as the Orders of the Govemor of California and Mayor of Los Angeles, this office is working remotely, not readily abl¢ to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication. No electroni message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission, FEDERAL EXPRESS - | caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimil number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (909) 581-6101 indicated al] pages were transmitted. (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on November 17, 2020 at Ontario, California. & (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. DEXISE WELCH dwelch@cemslaw.com 20705 3 [PROPOSED] ORDER GRANTING MOTION BY WEC AND ASSOCIATES, INC. FOR SUMMARY ADJUDICATIONCc ety DH ke Ww NY eee eee SS CSS BK sos Se eas A Se ao Se SS 20705 YOUQIN CAO and XINRONG JIANG v. CALIFORNIA HOME BUILDERS & DESIGN, INC., etc., et al. Santa Clara County Superior Court Case No. 17CV310601 CCMS File No. 20705 SERVICE LIST Jeffrey H. Belote, Esq. CLARK HILL LLP One Embarcadero Center, Suite 400 San Francisco, CA 94111 (415) 984-8500 — Fax: (415) 984-8599 ATTORNEYS FOR Plaintiff/Cross-Defendants YOUQUIN CAO & XINRONG JIANG Kevin P. Kennedy, Esq. E. Val Meneses, Esq. KENNEDY & SOUZA, APC 7964 Arjons Drive, Suite I San Diego, CA 92126 (858) 267-4127 — Fax: (858) 267-4128 kkennedy@kennedysouza.com vmeneses(@kennedysouza.com ASSOCIATED COUNSEL FOR Defendants/ Cross-Complainants/Cross-Defendants CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. 4 Brian Preston, Esq. LAW OFFICES OF BRIAN PRESTON 111 North Market Street, Suite 705 San Jose, CA 95113 (408) 293-2700 — Fax: (408) 293-2711 bp@briany ATTORNEY FOR Defendants/ Cross-Complainants/Cross-Defendants CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. [PROPOSED] ORDER GRANTING MOTION BY WEC AND ASSOCIATES, INC. FOR SUMMARY ADJUDICATION