On August 01, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Zhang, Mei-Fang Lisa,
and
Does 1-20, Inclusive,
Leung, Bernard Chi-Fai,
Lun & Associates,
Lun, Wendy,
Tse, Joseph,
for (07) Unlimited Business Tort/Unfair Business Practice
in the District Court of San Mateo County.
Preview
"x
v _
v
Dale N. Chen, (SBN 114701)
FILED
SAN MATEO COUNTY
Attorney at Law -
Law Offices ofDale N. Chen '
0 CT 0 8 2019
4655 011d Ironsides Drive, Ste. 220
Santa C ara, CA 95054 Clerk of the pa rior Cou”
(408) 562-1000
By ( P
(408) 562-9972 Fax 059mm
Attorney for Defendant Bernard Leung
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
lO
MELFANG LISA ZHANG, Case No.: 19-CIV-0446l
. APPLICATION AND DECLARATION FOR
P1 am“.ffa
EX PARTE ORDER EXTENDING TIME TO
PLEAD TO COMPLAINT (CCP 1054)
vs.
EX PARTE
BERNARD LEUNG, et. a1.
l6 Defendants.
/
l7
18 I, Dale Chen, hereby apply on behalf of Defendant Bernard Leung for an order, pursuant to
l9 section 1054 of the California Code of Civil Procedure, extending until and including November 21,
20 2019, the time in which he may answer or otherwise plead to the complaint on file herein.
21
on 0 7 2019 f
‘
Dated:
22
Dale N. Chen, Attorney for Defendant Bernard Leung
23 l
24
DECLARATION
25 Dale N Chen, declare:
I,
26 1. I am an attorney at law duly admitted to practice before all courts of the State of California
27 and the attorney of record herein for Defendanit Bernard Leung.
28 2. This is an action for intentional interference with prospective economic advantage, breach
_ 1 _
Zhang vs. Leung
et.all 19-CIV-04461 application and declaration for ex parte order extending time to plead to complaint
(CCP 1054)
of fiduciary duty, defamation of credit, negligence, and violations of California and business and
professions code sectioh 17200.
3. On August 11, 201 9, Défendant Bernard Leung was served with the summons in this action
by substituted service. His responée was therefore due on Sept. 23, 2019. Plaintiffs attorney, Mr.
Cooke, granted a 14-day extension to and including October 7, 2019 for Defendant to file his
response. :5-
4. In the past several days I tried unsu:‘ccessfi111y to contact Mr. Leung for his cooperation in
preparing a response to the complaint. Today,iOctober 7, 2019, I was informed by his business
l
partner, Ellen Julian, that Mr. Leung has beenihospitalized for the past 1.5 weeks. He is in critical
10 condition and on life support at the California gPacific Médical Center in San Francisco, ICU unit. I
ll spoke with the nurse today, October 7, 2019 . EShe informs me that Mr. Leung is unable to
12 communicate. The'nurse isunable to provide me with the prognosis or when Mr. Leung will be
13 available to assist me in this action. She said, “45 days isa good starting point.”
5.‘ and including
l4 Plaintiffs attOrney, Mr. Cooke, has stipulated to a 45-day extension to
15 November 21 ,
2019 to file Mr. Leung’s response to the complaint. The stipulation is filed with this ex
16 parte application. This would result in a total extension of 59 days from the original due date.
l7 6. On October 7, 2019, I notified‘Plaixiltiff’s attorney of record, Mr. Cooke, that this
18 application for ex part? order} extending time plead to complaint would be made, and he has signed
tI‘o
l9 the stipulation extending time described abové.
20 I declare under penalty of perjury undqr the laws of fhe State of California that the foregoing
21 is true and correct;
é
22
DATED: om 0 7 2019
23 Dale N. Chen, Attorney for Defendant Bernard Leung
24
25
26 1
l
27
28 ’i
_2 -
(CCP 1054)
all 19—CIV-04461 application and declaration for ex parte order extending time to plead to complaint
Zhang vs. Leung ct.
i
I
r
Document Filed Date
October 08, 2019
Case Filing Date
August 01, 2019
Category
(07) Unlimited Business Tort/Unfair Business Practice
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"x v _ v Dale N. Chen, (SBN 114701) FILED SAN MATEO COUNTY Attorney at Law - Law Offices ofDale N. Chen ' 0 CT 0 8 2019 4655 011d Ironsides Drive, Ste. 220 Santa C ara, CA 95054 Clerk of the pa rior Cou” (408) 562-1000 By ( P (408) 562-9972 Fax 059mm Attorney for Defendant Bernard Leung SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO lO MELFANG LISA ZHANG, Case No.: 19-CIV-0446l . APPLICATION AND DECLARATION FOR P1 am“.ffa EX PARTE ORDER EXTENDING TIME TO PLEAD TO COMPLAINT (CCP 1054) vs. EX PARTE BERNARD LEUNG, et. a1. l6 Defendants. / l7 18 I, Dale Chen, hereby apply on behalf of Defendant Bernard Leung for an order, pursuant to l9 section 1054 of the California Code of Civil Procedure, extending until and including November 21, 20 2019, the time in which he may answer or otherwise plead to the complaint on file herein. 21 on 0 7 2019 f ‘ Dated: 22 Dale N. Chen, Attorney for Defendant Bernard Leung 23 l 24 DECLARATION 25 Dale N Chen, declare: I, 26 1. I am an attorney at law duly admitted to practice before all courts of the State of California 27 and the attorney of record herein for Defendanit Bernard Leung. 28 2. This is an action for intentional interference with prospective economic advantage, breach _ 1 _ Zhang vs. Leung et.all 19-CIV-04461 application and declaration for ex parte order extending time to plead to complaint (CCP 1054) of fiduciary duty, defamation of credit, negligence, and violations of California and business and professions code sectioh 17200. 3. On August 11, 201 9, Défendant Bernard Leung was served with the summons in this action by substituted service. His responée was therefore due on Sept. 23, 2019. Plaintiffs attorney, Mr. Cooke, granted a 14-day extension to and including October 7, 2019 for Defendant to file his response. :5- 4. In the past several days I tried unsu:‘ccessfi111y to contact Mr. Leung for his cooperation in preparing a response to the complaint. Today,iOctober 7, 2019, I was informed by his business l partner, Ellen Julian, that Mr. Leung has beenihospitalized for the past 1.5 weeks. He is in critical 10 condition and on life support at the California gPacific Médical Center in San Francisco, ICU unit. I ll spoke with the nurse today, October 7, 2019 . EShe informs me that Mr. Leung is unable to 12 communicate. The'nurse isunable to provide me with the prognosis or when Mr. Leung will be 13 available to assist me in this action. She said, “45 days isa good starting point.” 5.‘ and including l4 Plaintiffs attOrney, Mr. Cooke, has stipulated to a 45-day extension to 15 November 21 , 2019 to file Mr. Leung’s response to the complaint. The stipulation is filed with this ex 16 parte application. This would result in a total extension of 59 days from the original due date. l7 6. On October 7, 2019, I notified‘Plaixiltiff’s attorney of record, Mr. Cooke, that this 18 application for ex part? order} extending time plead to complaint would be made, and he has signed tI‘o l9 the stipulation extending time described abové. 20 I declare under penalty of perjury undqr the laws of fhe State of California that the foregoing 21 is true and correct; é 22 DATED: om 0 7 2019 23 Dale N. Chen, Attorney for Defendant Bernard Leung 24 25 26 1 l 27 28 ’i _2 - (CCP 1054) all 19—CIV-04461 application and declaration for ex parte order extending time to plead to complaint Zhang vs. Leung ct. i I r