Preview
“u
FIL
SAN MATEO COUNTY
Dale N. Chen, (SBN 1 14701)
Attorney at Law OCT 0 8 2019
Law Offices of Dale N. Chen
4655 Old Ironsides Drive, Ste. 220 Glegfl'lgupefior Com:
Santa Clara, CA 95054
(408) 562-1000
8y
DEPUTY QERK
(408) 562-9972 Fax
Attorney for Defendant Bernard Leung
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
lO
ll 19—CIV—04461
MEI-FANG LISA ZHANG, Case No.:
12
l3
Plaintiff,
W]
EX PARTE ORDER EXTENDING TIME To
PLEAD To COMPLAINT (CCP 1054)
vs.
l4 EX PARTE
15
BERNARD LEUNG, et. a1.
16 Defendants.
l7
l8 Application having been made by Defe ndant Bernard Leung and good cause appearing
l9 therefor,
20 IT IS ORDERED that Defendant’s application to extend time to answer or otherwise plead to
21 the complaint on file herein be, and hereby is,Igranted, and such time is extended to November 21,
I
22 2019.
23 This order shall be served on all parties:by Defendant Bernard Leung’s attorney, Dale N
(WK
24 Chen.
25
Dated:
OCT 0 8 2019
8mm (
26 Ju
dmf the Superior Court
27 J THAN E. KARESH
28
-1-
Zhang Leung
vs. l9-CIV-04461 ex parte order extending time
et. a1 / (CCP
to plead to complaint 1054)
POS-O5OIEFS-O50
ATrORNEY 0R PARTY WITHOUT ATrORNEY: STATE BAR No:114,701 FOR COURT USE ONLY
NAME: DALE N CHEN
FIRM NAME:LAW OFFICES OF DALE N CHEN
STREETADDRESS: 4655 OLD IRONSIDES DR. STE. 220
CITY:SANTA CLARA STATE: CA ZIPCODE:95054
TELEPHONE No; 408-562-1 000 FAX No.
: 408-562—9 972
E-MAILADDRESS: dalechen@live.com
ATrORNEY FOR(name):BERNARD LEUNG
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO
STREETADDREss: 400 COUNTY CENTER
MAILING ADDRESS:400 COUNTER CENTER
CITY AND ZIP CODE: REDWOOD CITY CA 94063
BRANCH NAME: CIVIL UNLIMITED CASE NUMBER:
1 9-civ-04461
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT: JUDICIAL OFFICER:
DEPARTMENT:
PROOF OF ELECTRONIC SERVICE
lam at least18 years old.
a. My residence or business address is (specify):
4655 Old lronsides Dr. Ste. 220, Santa Clara CA 95054
b. My electronic service addressis (specifiI):
dalechen@live.com
l sewed
electronically the following documents (exact titles).
application and declarationfor ex parte order extending time to plead to complaint CCP 1054; stipulation for order extending time to
plead to complaint; defendant's memorandum of points and authorities In support of application for ex parte order extending time to
plead to complaint; proposed order
E The documents served are listedinan attachment. (Form POS—050(D)/EFS-050(D) may be used for this purpose.)
| documents
electronically served the 2 as follows:
listed in
a. Name of person served: CHRISTOPHER COOKE, ESQ.
On behalf of (name or names ofparties represented, ifperso: 1served is an attomey):
PLAINITF MEl-FANG LISA ZHANG
b. Electronic service address of person served :
ccooke@mckllp.com
c. On (date):October 7,2019
E The documents listed in item 2 were served electronica ly on the persons and
(Form POS—050(P)/EFS-050(P) may be used for this pu rpose.)
in themanner described inan attachment.
Date: 10/7/201 9
ldeclare under penalty of perjury under the laws of the State of that the foregoing
Califr‘arnia istrue an
DALE N CHEN k 2'
OR PRINT NAME 0F DECLARANT)
(TYPE (SIGNATURE OF DECLARANT)
Page1of1
Form Approved Use
far Optional
Judicial Council of California
PROOF OF ELECT RONIC SERVICE Rules of Court, rule 2.251
Cal.
www.courts.ca.gov
POS-050/EFS-050 [Rev. February
2017]
1, (Proof of ServicelElectronic Filing and Service)
, /\‘
r POS-040 -
ATrORNEY OR PARTY WITHOUT ATTORNEY
1,
SBN
(Name, Q‘mu’gar number, and address):
114701
K
\/ FOR COURT USE ONLY
DALE N CHEN ESQ.
_4655 OLD IRONSIDES DR. STE. 220
SANTA CLARA CA 95054 .
408—562-1 000 FAX NO. 408'562 -9972
TELEPHONE N0.: (Optional):
ADDRESS (Optional):
E-MAIL
ATTORNEY FOR defendant Bernard Leung
(Name):
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO
STREETADDRESS: 400 COUNTY CTR.
MAILING ADDRESS:400 COUNTY CTR
CITYANDZIPCODE: REDWOOD CITY CA 94063
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT: CASE NUMBER:
PROOF 0F SERVIcE—CIVIL
‘
19-ClV-04461
Check method of service (only one):
E
E By Personal Service
By Messenger Service E By Mail
By Fax
E
E By Ove rnight Delivery
By Electronic Service
‘
JUDGE:
DEPT;
_
(Do not use this proof of service to show service of a Summons and complaint.)
1. Iwas over 18 years
At the time of s'ervice of age and not a party tathis action.
. My residence or business address is:
4655 OLD IRONSIDES DR. STE. 220 SANTA CLARA CA 95054
3-E The faxnumber or electronic service address from which
electronic service):
|served the documents is (complete ifsen/ice was by fax or
4. 0n (date): 10/7/201 9 |served the following documents (specify):
application and declaration for ex parte order exte nding time to plead to complaint; stipulation for
order extending time to plead to complaint; defend ant's memorandum of points‘and authorities in
support of application for ex parte order extending time to plead to complaint; proposed order
E The documents are the Attachment to Proof of Serv ice—Civil (Documents Served) (form POS—040(D)).
listed in
served the documents on the person or persons below, as
. |
fqllovys:
Name CHRISTOPHER COOKE,‘ ESQ.
a.
b.E ofperson sewed:
(Complete if servicewas by persbnal sen/ice, mail,
Business or residential address Where person was served:
ovemi qht delivery, or messenger service.)
1 77 Bovet Road, Suite 600 San‘ Mateo, CA 94402
c.E(1)
(Complete
Fax number or
was by fax or electronic service.)
if service
electronic service addresswhere person was served:
(2) Time of service:
E The names, addresses, and other applicable information abc ut persons served
Service—Civil (Persons Served) (form POS-O40(P)).
ison the Attachment to Proof of
6.'The documents were served by the following means
a.E By personal service. |
(specify):
personally delivered the docume 1ts to the persons at the addresses listed in item 5. (1) For a
party represented by an attorney, delivery was made to tr e attorney or at the attorney's office by leaving the documents.
in an envelope or package clearly labeled to identify the afiorney being served with a receptionist or an individual'In
charge of the office, between the hours of nine in the mor nlng and five in the evening. (2) For a party, deiivery was made
to the party or by leaving the documents at the party' s residence with some person not younger than 18 years of age
between the hours of eight Inthe morning and six inthe evening.
,
Page1 of 3
PROOF OF SERVICE_ CIVIL
'
Form Approved Use
for Optional
Code of Civil Procedure, §§ 101 0.6, 101 1. 101 3, 101 3a,
Judicial Council of California
2015.5; Cal. Rules of Court, rules 2.260, 2.306
Posmo [Rem July20111
1.
(Proof of;'Service) www.couns.ca.gov
i
$ '
I
o lxx‘ , \
CASE NAME: V
:1
> :7
CASE NUMBER:
/'
19-CIV-04461
Pos-o4o
6. b. By United States mail. lenclosed the documents ina sealed envelope or package addressed to the persons at the
addresses in item 5 and (specify one):
(1) m deposited the sealed envelope with the United States Postal Service with the postage fullyprepaid.
(2) E placed the envelope for collection and mailing, following our ordinary business practices.
Iam readily familiar
On the same day that
with this business' s practice for collecting and processing correspondence for mailing.
correspondence'Is placed for collection and magling, it'Is deposited In the ordinary course of business with the
United States Postal Service, in a sealed envekime with postage fully prepaid.
lam a resident or employed in the county where the maililng occurred.The envelope orpackage was placed in the mail at
(cityand state):
E
5
c. By overnight delivery. l enclosed the documents in an énvelope or package provided by an overnight delivery
carrierand addressed to the persons at the addresses in ,item 5.lplaced the envelope or package for collection
and overnight delivery at an office or a regularly utilized dgrop box of the overnight delivery carrier.
d.E By messenger service.
at theaddresses
l served the documents by placing them'In an envelope or package addressed to the persons
5 and providing them to a professional messenger service for service.
listed In item (A declaration by
the messenger must accompany this Proof of Service or be contained'In the Declaration of Messenger below. )
e.
E By fax transmission. Based on an agreement
numbers
to the persons at the fax listed'In item 5.No error was reported by the fax machine that|
[faxed the documents
of the parties to accept service by fax transmission,
used. A copy ofthe
record of the fax transmission, which|printed out,isattached.
’
f.
E By electronic service.
documents
Based on a coun order or an agr'eement of the panies to accept electronic service,
m
to be sent to the persons at the electronic service addresses listed'item 5
I caused the
|declare under penalty of perjury under the laws of the State of California that the foregoing
istrue and correct.
Date: 10/7/201 9
DALE N CHEN
(TYPE0R PRINT NAME OF DECLARANT)
F
%<7
(SIGNATURE OF DECLARANT)
6d above
(If item ischecked, the declaration below must be completed or a separate declaration from a messenger must be attached.)
DECLARATION O F MESSENGER
E By personal service. lpersonally delivered the envelope or package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's
office by leaving the documents in an envelope or package, which was clearly labeled to identify the attorney being served.
with a receptionist or an individual in charge of the office, betWeen the hours of nine in the morning and five in the evening.
(2)
For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger
than 18 years of age between the hours of eight'In the morning and six in the evening.
i
At the time of service. lwas over 18 years of age.|am not a p'any to the above-referenced legal proceeding.
| served the envelope or package, as stated above, on (date):
ldeclare under penalty of perjury under the laws of the State of Cal'fornia that the foregoing‘is true and correct.
Date:
(NAME 0F DECLARANT) (SIGNATURE 0F DECLARANT)
Page 2 of 3
P034400?“ JU'Y2°11]
1-
PROOF OF SERVICE—CIVIL
(Proof of iService)
i
Preview
“u FIL SAN MATEO COUNTY Dale N. Chen, (SBN 1 14701) Attorney at Law OCT 0 8 2019 Law Offices of Dale N. Chen 4655 Old Ironsides Drive, Ste. 220 Glegfl'lgupefior Com: Santa Clara, CA 95054 (408) 562-1000 8y DEPUTY QERK (408) 562-9972 Fax Attorney for Defendant Bernard Leung SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO lO ll 19—CIV—04461 MEI-FANG LISA ZHANG, Case No.: 12 l3 Plaintiff, W] EX PARTE ORDER EXTENDING TIME To PLEAD To COMPLAINT (CCP 1054) vs. l4 EX PARTE 15 BERNARD LEUNG, et. a1. 16 Defendants. l7 l8 Application having been made by Defe ndant Bernard Leung and good cause appearing l9 therefor, 20 IT IS ORDERED that Defendant’s application to extend time to answer or otherwise plead to 21 the complaint on file herein be, and hereby is,Igranted, and such time is extended to November 21, I 22 2019. 23 This order shall be served on all parties:by Defendant Bernard Leung’s attorney, Dale N (WK 24 Chen. 25 Dated: OCT 0 8 2019 8mm ( 26 Ju dmf the Superior Court 27 J THAN E. KARESH 28 -1- Zhang Leung vs. l9-CIV-04461 ex parte order extending time et. a1 / (CCP to plead to complaint 1054) POS-O5OIEFS-O50 ATrORNEY 0R PARTY WITHOUT ATrORNEY: STATE BAR No:114,701 FOR COURT USE ONLY NAME: DALE N CHEN FIRM NAME:LAW OFFICES OF DALE N CHEN STREETADDRESS: 4655 OLD IRONSIDES DR. STE. 220 CITY:SANTA CLARA STATE: CA ZIPCODE:95054 TELEPHONE No; 408-562-1 000 FAX No. : 408-562—9 972 E-MAILADDRESS: dalechen@live.com ATrORNEY FOR(name):BERNARD LEUNG SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO STREETADDREss: 400 COUNTY CENTER MAILING ADDRESS:400 COUNTER CENTER CITY AND ZIP CODE: REDWOOD CITY CA 94063 BRANCH NAME: CIVIL UNLIMITED CASE NUMBER: 1 9-civ-04461 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: JUDICIAL OFFICER: DEPARTMENT: PROOF OF ELECTRONIC SERVICE lam at least18 years old. a. My residence or business address is (specify): 4655 Old lronsides Dr. Ste. 220, Santa Clara CA 95054 b. My electronic service addressis (specifiI): dalechen@live.com l sewed electronically the following documents (exact titles). application and declarationfor ex parte order extending time to plead to complaint CCP 1054; stipulation for order extending time to plead to complaint; defendant's memorandum of points and authorities In support of application for ex parte order extending time to plead to complaint; proposed order E The documents served are listedinan attachment. (Form POS—050(D)/EFS-050(D) may be used for this purpose.) | documents electronically served the 2 as follows: listed in a. Name of person served: CHRISTOPHER COOKE, ESQ. On behalf of (name or names ofparties represented, ifperso: 1served is an attomey): PLAINITF MEl-FANG LISA ZHANG b. Electronic service address of person served : ccooke@mckllp.com c. On (date):October 7,2019 E The documents listed in item 2 were served electronica ly on the persons and (Form POS—050(P)/EFS-050(P) may be used for this pu rpose.) in themanner described inan attachment. Date: 10/7/201 9 ldeclare under penalty of perjury under the laws of the State of that the foregoing Califr‘arnia istrue an DALE N CHEN k 2' OR PRINT NAME 0F DECLARANT) (TYPE (SIGNATURE OF DECLARANT) Page1of1 Form Approved Use far Optional Judicial Council of California PROOF OF ELECT RONIC SERVICE Rules of Court, rule 2.251 Cal. www.courts.ca.gov POS-050/EFS-050 [Rev. February 2017] 1, (Proof of ServicelElectronic Filing and Service) , /\‘ r POS-040 - ATrORNEY OR PARTY WITHOUT ATTORNEY 1, SBN (Name, Q‘mu’gar number, and address): 114701 K \/ FOR COURT USE ONLY DALE N CHEN ESQ. _4655 OLD IRONSIDES DR. STE. 220 SANTA CLARA CA 95054 . 408—562-1 000 FAX NO. 408'562 -9972 TELEPHONE N0.: (Optional): ADDRESS (Optional): E-MAIL ATTORNEY FOR defendant Bernard Leung (Name): SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO STREETADDRESS: 400 COUNTY CTR. MAILING ADDRESS:400 COUNTY CTR CITYANDZIPCODE: REDWOOD CITY CA 94063 BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: PROOF 0F SERVIcE—CIVIL ‘ 19-ClV-04461 Check method of service (only one): E E By Personal Service By Messenger Service E By Mail By Fax E E By Ove rnight Delivery By Electronic Service ‘ JUDGE: DEPT; _ (Do not use this proof of service to show service of a Summons and complaint.) 1. Iwas over 18 years At the time of s'ervice of age and not a party tathis action. . My residence or business address is: 4655 OLD IRONSIDES DR. STE. 220 SANTA CLARA CA 95054 3-E The faxnumber or electronic service address from which electronic service): |served the documents is (complete ifsen/ice was by fax or 4. 0n (date): 10/7/201 9 |served the following documents (specify): application and declaration for ex parte order exte nding time to plead to complaint; stipulation for order extending time to plead to complaint; defend ant's memorandum of points‘and authorities in support of application for ex parte order extending time to plead to complaint; proposed order E The documents are the Attachment to Proof of Serv ice—Civil (Documents Served) (form POS—040(D)). listed in served the documents on the person or persons below, as . | fqllovys: Name CHRISTOPHER COOKE,‘ ESQ. a. b.E ofperson sewed: (Complete if servicewas by persbnal sen/ice, mail, Business or residential address Where person was served: ovemi qht delivery, or messenger service.) 1 77 Bovet Road, Suite 600 San‘ Mateo, CA 94402 c.E(1) (Complete Fax number or was by fax or electronic service.) if service electronic service addresswhere person was served: (2) Time of service: E The names, addresses, and other applicable information abc ut persons served Service—Civil (Persons Served) (form POS-O40(P)). ison the Attachment to Proof of 6.'The documents were served by the following means a.E By personal service. | (specify): personally delivered the docume 1ts to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made to tr e attorney or at the attorney's office by leaving the documents. in an envelope or package clearly labeled to identify the afiorney being served with a receptionist or an individual'In charge of the office, between the hours of nine in the mor nlng and five in the evening. (2) For a party, deiivery was made to the party or by leaving the documents at the party' s residence with some person not younger than 18 years of age between the hours of eight Inthe morning and six inthe evening. , Page1 of 3 PROOF OF SERVICE_ CIVIL ' Form Approved Use for Optional Code of Civil Procedure, §§ 101 0.6, 101 1. 101 3, 101 3a, Judicial Council of California 2015.5; Cal. Rules of Court, rules 2.260, 2.306 Posmo [Rem July20111 1. (Proof of;'Service) www.couns.ca.gov i $ ' I o lxx‘ , \ CASE NAME: V :1 > :7 CASE NUMBER: /' 19-CIV-04461 Pos-o4o 6. b. By United States mail. lenclosed the documents ina sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) m deposited the sealed envelope with the United States Postal Service with the postage fullyprepaid. (2) E placed the envelope for collection and mailing, following our ordinary business practices. Iam readily familiar On the same day that with this business' s practice for collecting and processing correspondence for mailing. correspondence'Is placed for collection and magling, it'Is deposited In the ordinary course of business with the United States Postal Service, in a sealed envekime with postage fully prepaid. lam a resident or employed in the county where the maililng occurred.The envelope orpackage was placed in the mail at (cityand state): E 5 c. By overnight delivery. l enclosed the documents in an énvelope or package provided by an overnight delivery carrierand addressed to the persons at the addresses in ,item 5.lplaced the envelope or package for collection and overnight delivery at an office or a regularly utilized dgrop box of the overnight delivery carrier. d.E By messenger service. at theaddresses l served the documents by placing them'In an envelope or package addressed to the persons 5 and providing them to a professional messenger service for service. listed In item (A declaration by the messenger must accompany this Proof of Service or be contained'In the Declaration of Messenger below. ) e. E By fax transmission. Based on an agreement numbers to the persons at the fax listed'In item 5.No error was reported by the fax machine that| [faxed the documents of the parties to accept service by fax transmission, used. A copy ofthe record of the fax transmission, which|printed out,isattached. ’ f. E By electronic service. documents Based on a coun order or an agr'eement of the panies to accept electronic service, m to be sent to the persons at the electronic service addresses listed'item 5 I caused the |declare under penalty of perjury under the laws of the State of California that the foregoing istrue and correct. Date: 10/7/201 9 DALE N CHEN (TYPE0R PRINT NAME OF DECLARANT) F %<7 (SIGNATURE OF DECLARANT) 6d above (If item ischecked, the declaration below must be completed or a separate declaration from a messenger must be attached.) DECLARATION O F MESSENGER E By personal service. lpersonally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package, which was clearly labeled to identify the attorney being served. with a receptionist or an individual in charge of the office, betWeen the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight'In the morning and six in the evening. i At the time of service. lwas over 18 years of age.|am not a p'any to the above-referenced legal proceeding. | served the envelope or package, as stated above, on (date): ldeclare under penalty of perjury under the laws of the State of Cal'fornia that the foregoing‘is true and correct. Date: (NAME 0F DECLARANT) (SIGNATURE 0F DECLARANT) Page 2 of 3 P034400?“ JU'Y2°11] 1- PROOF OF SERVICE—CIVIL (Proof of iService) i