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1 Ryan P. Harley, Esq. (SBN 245059) Electronically Filed
2 Bradley D. Doucette, Esq. (SBN 322611) by Superior Court of CA,
COLLINS COLLINS MUIR + STEWART LLP County of Santa Clara,
3 1999 Harrison Street, Suite 1700 on 11/17/2020 3:11 PM
Oakland, CA 94612 Reviewed By: M Vu
4 (510) 844-5100 — FAX (510) 844-5101 Case #17CV310601
Email: rharley@ccmslaw.com Envelope: 5313080
5 Email: bdoucette@ccmslaw.com
° Attorneys for Defendant/Cross-Complainant/Cross-Defendant
7 WEC AND ASSOCIATES, INC.
(erroneously sued and served as WEC ASSOCIATES, INC.)
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SANTA CLARA
10
11_ || YOUQIN CAO, an Individual, and ) CASE NO. 17CV310601
R XINRONG JIANG, an Individual, ) [Assigned to the Hon. Socrates P. Manoukian,
) Dept. 20]
B Plaintiffs, )
) REQUEST FOR JUDICIAL NOTICE IN
14 vs. ) SUPPORT OF MOTION BY WEC AND
) ASSOCIATES, INC. FOR SUMMARY
15_ || CALIFORNIA HOME BUILDERS & ) ADJUDICATION
16 DESIGN, INC. dba CALIFORNIA )
HOMES & DESIGNS, INC., a California ) [Filed concurrently with Notice of Motion and
17 || Corporation; CALIFORNIA HOMES AND) Motion; Declaration of Bradley D. Doucette;
KITCHEN DESIGN CENTER, INC., a ) Declaration of Ed Wu; Declaration of Jing Quan;
18 || California Corporation; WEC ) Separate Statement of Undisputed Material Facts;
ASSOCIATES, INC., a California ) Compendium of Evidence; and Proposed Order]
19 || Corporation; and DOES 2 through 100, +)
20 ) DATE: February 2, 2021
Defendants. ) TIME: 9:00 a.m.
” ) DEPT: 20
)
22 ) Complaint Filed: 5/19/17
) FAC Filed: 8/15/17
23 ) Trial Date: None
24 }
25 || AND RELATED CROSS-ACTIONS )
)
26
27
28
20705
COLLINS COLLINS 1
MUR STEWART REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
Pho tate rn FOR SUMMARY ADJUDICATION1 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:
2 PLEASE TAKE NOTICE that pursuant to Evidence Code sections 452 and 453,
3 Defendant/Cross-Complainant/Cross-Defendant WEC AND ASSOCIATES, INC. (“WEC”) hereby
4 requests that the Court take judicial notice of the following documents and matters:
5 1. The first amended complaint for damages filed by Plaintiffs YOUQIN CAO and
6 XINRONG JIANG (“Plaintiffs”) on or about August 15, 2017 (Exhibit “K”); and,
7 2. The answer filed by WEC as to Plaintiffs’ first amended complaint on or about
8 October 18, 2017 (Exhibit “L”).
9 Pursuant to Evidence Code section 453, the Court “shall take judicial notice of any matter
10 || specific in Evidence Code section 452 if a party requests it, gives the adverse party sufficient notice,
11 |] and gives the Court information to take judicial notice.” The complaint and answer are specified in
12 || Evidence Code section 452, subdivision (d) as records of this Court.
13
14 || DATED: November 17, 2020 COLLINS COLLINS MUIR + STEWART LLP
15
1
: By:
17 -DOUCE
RYAN P. HARLEY
18 Attorneys for Defendant/Cross-Complainant/
Cross-Defendant
7 WEC AND ASSOCIATES, INC.
20
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25
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27
28
20705
COLLINS COLLINS 2
Maictosde wan” REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
Prone tae 00 FOR SUMMARY ADJUDICATION-
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
address is 10681 Foothill Boulevard, Suite 260, Rancho Cucamonga, California 91730.
On this date, I served the foregoing document described as REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION BY WEC AND 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
cet nn ek WwW DN
Ry YP YW N NR KY YY Be Be Be Be Be ee Re Re
SN Ak AN ae os Ss see S AS eS SS
COLLINS COLLINS
MUIR + STEWART.
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 collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service
on that same day with 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.
[0 GY 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.
(0 BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY
[X (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-19 Pandemic, as well as the Orders of the Govemor of California and Mayor of Los Angeles, this office is working remotely,
not readily able to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication. No
electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the
transmission.
(0 - FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with
delivery fees provided for.
[) (BY FACSIMILE) - | caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile
number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (909) 581-6101 indicated all
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.
[XI (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
[0 (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.
MISE WELCH
dwelch@ccmslaw.com
20705
3
11999 Harrison St, St0.1700
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
FOR SUMMARY ADJUDICATION1 YOUQIN CAO and XINRONG JIANG v. CALIFORNIA HOME BUILDERS & DESIGN, INC., ete., et al.
Santa Clara County Superior Court Case No. 17CV310601
2 CCMS File No. 20705
3 SERVICE LIST
4 Jeffrey H. Belote, Esq. Brian Preston, Esq.
CLARK HILL LLP LAW OFFICES OF BRIAN PRESTON
5 One Embarcadero Center, Suite 400 111 North Market Street, Suite 705
San Francisco, CA 94111 San Jose, CA 95113
(408) 293-2700 — Fax: (408) 293-2711
6 bp@brianprestonlaw.com
ATTORNEYS FOR Plaintiff/Cross-Defendants ATTORNEY FOR Defendants/
7 YOUQUIN CAO & XINRONG JIANG Cross-Complainants/Cross-Defendants
CALIFORNIA HOMES AND KITCHEN DESIGN
8 CENTER, INC., and CALIFORNIA HOME BUILDERS
& DESIGN, INC.
9 Kevin P. Kennedy, Esq.
E. Val Meneses, Esq.
KENNEDY & SOUZA, APC
10 7964 Arjons Drive, Suite I
San Diego, CA 92126
i (858) 267-4127 — Fax: (858) 267-4128
kkennedy@kennedysouza.com
R vmeneses@kennedysouza.com
ASSOCIATED COUNSEL FOR Defendants/
Cross-Complainants/Cross-Defendants
13 CALIFORNIA HOMES AND KITCHEN DESIGN
CENTER, INC., and CALIFORNIA HOME
14 BUILDERS & DESIGN, INC.
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20705
COLLINS COLLINS 4
MUIR + STEWART.
{990 Harison St, Ste-700 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
Phone (0 a 10 FOR SUMMARY ADJUDICATION
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1 Ryan P. Harley, Esq. (SBN 245059) Electronically Filed 2 Bradley D. Doucette, Esq. (SBN 322611) by Superior Court of CA, COLLINS COLLINS MUIR + STEWART LLP County of Santa Clara, 3 1999 Harrison Street, Suite 1700 on 11/17/2020 3:11 PM Oakland, CA 94612 Reviewed By: M Vu 4 (510) 844-5100 — FAX (510) 844-5101 Case #17CV310601 Email: rharley@ccmslaw.com Envelope: 5313080 5 Email: bdoucette@ccmslaw.com ° Attorneys for Defendant/Cross-Complainant/Cross-Defendant 7 WEC AND ASSOCIATES, INC. (erroneously sued and served as WEC ASSOCIATES, INC.) 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CLARA 10 11_ || YOUQIN CAO, an Individual, and ) CASE NO. 17CV310601 R XINRONG JIANG, an Individual, ) [Assigned to the Hon. Socrates P. Manoukian, ) Dept. 20] B Plaintiffs, ) ) REQUEST FOR JUDICIAL NOTICE IN 14 vs. ) SUPPORT OF MOTION BY WEC AND ) ASSOCIATES, INC. FOR SUMMARY 15_ || CALIFORNIA HOME BUILDERS & ) ADJUDICATION 16 DESIGN, INC. dba CALIFORNIA ) HOMES & DESIGNS, INC., a California ) [Filed concurrently with Notice of Motion and 17 || Corporation; CALIFORNIA HOMES AND) Motion; Declaration of Bradley D. Doucette; KITCHEN DESIGN CENTER, INC., a ) Declaration of Ed Wu; Declaration of Jing Quan; 18 || California Corporation; WEC ) Separate Statement of Undisputed Material Facts; ASSOCIATES, INC., a California ) Compendium of Evidence; and Proposed Order] 19 || Corporation; and DOES 2 through 100, +) 20 ) DATE: February 2, 2021 Defendants. ) TIME: 9:00 a.m. ” ) DEPT: 20 ) 22 ) Complaint Filed: 5/19/17 ) FAC Filed: 8/15/17 23 ) Trial Date: None 24 } 25 || AND RELATED CROSS-ACTIONS ) ) 26 27 28 20705 COLLINS COLLINS 1 MUR STEWART REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. Pho tate rn FOR SUMMARY ADJUDICATION1 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: 2 PLEASE TAKE NOTICE that pursuant to Evidence Code sections 452 and 453, 3 Defendant/Cross-Complainant/Cross-Defendant WEC AND ASSOCIATES, INC. (“WEC”) hereby 4 requests that the Court take judicial notice of the following documents and matters: 5 1. The first amended complaint for damages filed by Plaintiffs YOUQIN CAO and 6 XINRONG JIANG (“Plaintiffs”) on or about August 15, 2017 (Exhibit “K”); and, 7 2. The answer filed by WEC as to Plaintiffs’ first amended complaint on or about 8 October 18, 2017 (Exhibit “L”). 9 Pursuant to Evidence Code section 453, the Court “shall take judicial notice of any matter 10 || specific in Evidence Code section 452 if a party requests it, gives the adverse party sufficient notice, 11 |] and gives the Court information to take judicial notice.” The complaint and answer are specified in 12 || Evidence Code section 452, subdivision (d) as records of this Court. 13 14 || DATED: November 17, 2020 COLLINS COLLINS MUIR + STEWART LLP 15 1 : By: 17 -DOUCE RYAN P. HARLEY 18 Attorneys for Defendant/Cross-Complainant/ Cross-Defendant 7 WEC AND ASSOCIATES, INC. 20 21 22 23 24 25 26 27 28 20705 COLLINS COLLINS 2 Maictosde wan” REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. Prone tae 00 FOR SUMMARY ADJUDICATION- 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 address is 10681 Foothill Boulevard, Suite 260, Rancho Cucamonga, California 91730. On this date, I served the foregoing document described as REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND 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 cet nn ek WwW DN Ry YP YW N NR KY YY Be Be Be Be Be ee Re Re SN Ak AN ae os Ss see S AS eS SS COLLINS COLLINS MUIR + STEWART. 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 collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with 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. [0 GY 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. (0 BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY [X (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-19 Pandemic, as well as the Orders of the Govemor of California and Mayor of Los Angeles, this office is working remotely, not readily able to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. (0 - FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. [) (BY FACSIMILE) - | caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (909) 581-6101 indicated all 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. [XI (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [0 (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. MISE WELCH dwelch@ccmslaw.com 20705 3 11999 Harrison St, St0.1700 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. FOR SUMMARY ADJUDICATION1 YOUQIN CAO and XINRONG JIANG v. CALIFORNIA HOME BUILDERS & DESIGN, INC., ete., et al. Santa Clara County Superior Court Case No. 17CV310601 2 CCMS File No. 20705 3 SERVICE LIST 4 Jeffrey H. Belote, Esq. Brian Preston, Esq. CLARK HILL LLP LAW OFFICES OF BRIAN PRESTON 5 One Embarcadero Center, Suite 400 111 North Market Street, Suite 705 San Francisco, CA 94111 San Jose, CA 95113 (408) 293-2700 — Fax: (408) 293-2711 6 bp@brianprestonlaw.com ATTORNEYS FOR Plaintiff/Cross-Defendants ATTORNEY FOR Defendants/ 7 YOUQUIN CAO & XINRONG JIANG Cross-Complainants/Cross-Defendants CALIFORNIA HOMES AND KITCHEN DESIGN 8 CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. 9 Kevin P. Kennedy, Esq. E. Val Meneses, Esq. KENNEDY & SOUZA, APC 10 7964 Arjons Drive, Suite I San Diego, CA 92126 i (858) 267-4127 — Fax: (858) 267-4128 kkennedy@kennedysouza.com R vmeneses@kennedysouza.com ASSOCIATED COUNSEL FOR Defendants/ Cross-Complainants/Cross-Defendants 13 CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME 14 BUILDERS & DESIGN, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20705 COLLINS COLLINS 4 MUIR + STEWART. {990 Harison St, Ste-700 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. Phone (0 a 10 FOR SUMMARY ADJUDICATION