On December 23, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Edgewater Holding Corporation,
and
Does 1-30, Inclusive,
Lu, Qingqing,
Ye, Xiaozheng,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
Preview
Case Number: 20-CIV-05770
SUPERIOR COURT OF SAN MATEO COUNTY
400 County Center 1050 Mission Road
Redwood City, CA 94063 South San Francisco, CA 94080
www.sanmateocourt.org
Minute Order
Edgewater Holding Corporation vs. Xiaozheng Ye, et al 20-CIV-05770
11/16/2021 2:00 PM
Motion to Vacate
Hearing Result: Held
Judicial Officer: Fineman, Nancy L. Location: Courtroom N
Courtroom Clerk: Ashmika Segran-Teo Courtroom Reporter: Rosa DeNola
Parties Present
KAYYALI, RAMI Attorney
Exhibits
Minutes
Journals
- At 2:15 pm - Matter was called.
Counsel Rami Kayyali for Defendants appeared via Zoom.
No appearance by counsel for Plaintiff.
The court noted that the signed declaration was filed by the Defendants before the hearing.
The court finds/orders: Tentative ruling was modified and adopted. Motion to Vacate Default was
Granted.
Counsel for Defendants to prepare a written order consistent with the Court's ruling for the Court’s
signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to
all parties who have appeared in the action, as required by law and the California Rules of Court.
Counsel for Defendant to file answer within 20 days from the notice of ruling.
At 2:18 pm - Hearing concluded.
Case Events
- Party appeared by audio and/or video; Attorney: KAYYALI, RAMI
- Tentative ruling modified and becomes order:
MOTION TO VACATE CLERK'S DEFAULT AND FOR LEAVE TO FILE ANSWER AND AFFIRMATIVE DEFENSES
BY XIAOZHENG YE AND QINGQING LIU
The Court's tentative ruling to Grant Motion was adopted.
1
Case Number: 20-CIV-05770
If Defendants properly contest the tentative and file a signed declaration before the hearing, the
tentative is to grant the motion. The policy of the law is to decide cases on their merits. The Court, finds
that due process and equitable consideration weigh in favor of granting the motion. Although the action
was filed in 2020, Plaintiff did not serve defendants Ye and Lu until April 12, 2021 and the service was by
substituted service. On May 25, 2021, the clerk of the Court entered default, but the Odyssey notation
only states: "Request to Enter Default." Thereafter, Defendants filed a motion to quash, which was
accepted by the clerk, opposed and ruled upon by this Court on August 10, 2021. At the hearing,
counsel for Plaintiff appeared and said that it was not contesting the tentative, which tentative was to
deny the motion on substantive basis. On August 12, 2021, two days later, Plaintiff filed the notice of
entry of default and, on August 31, 2021, this Court signed the proposed order submitted by Plaintiff
denying the motion to quash on substantive grounds. Based upon this procedural posture and the facts
set forth in the declaration, relief should be granted so that this case can proceed on the merits.
Others
Comments:
Future Hearings and Vacated Hearings
January 06, 2022 9:00 AM Case Management Conference
Courtroom P
Case Management Conferences, -
2
Document Filed Date
November 16, 2021
Case Filing Date
December 23, 2020
Category
(06) Unlimited Breach of Contract/Warranty
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Preview
Case Number: 20-CIV-05770 SUPERIOR COURT OF SAN MATEO COUNTY 400 County Center 1050 Mission Road Redwood City, CA 94063 South San Francisco, CA 94080 www.sanmateocourt.org Minute Order Edgewater Holding Corporation vs. Xiaozheng Ye, et al 20-CIV-05770 11/16/2021 2:00 PM Motion to Vacate Hearing Result: Held Judicial Officer: Fineman, Nancy L. Location: Courtroom N Courtroom Clerk: Ashmika Segran-Teo Courtroom Reporter: Rosa DeNola Parties Present KAYYALI, RAMI Attorney Exhibits Minutes Journals - At 2:15 pm - Matter was called. Counsel Rami Kayyali for Defendants appeared via Zoom. No appearance by counsel for Plaintiff. The court noted that the signed declaration was filed by the Defendants before the hearing. The court finds/orders: Tentative ruling was modified and adopted. Motion to Vacate Default was Granted. Counsel for Defendants to prepare a written order consistent with the Court's ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court. Counsel for Defendant to file answer within 20 days from the notice of ruling. At 2:18 pm - Hearing concluded. Case Events - Party appeared by audio and/or video; Attorney: KAYYALI, RAMI - Tentative ruling modified and becomes order: MOTION TO VACATE CLERK'S DEFAULT AND FOR LEAVE TO FILE ANSWER AND AFFIRMATIVE DEFENSES BY XIAOZHENG YE AND QINGQING LIU The Court's tentative ruling to Grant Motion was adopted. 1 Case Number: 20-CIV-05770 If Defendants properly contest the tentative and file a signed declaration before the hearing, the tentative is to grant the motion. The policy of the law is to decide cases on their merits. The Court, finds that due process and equitable consideration weigh in favor of granting the motion. Although the action was filed in 2020, Plaintiff did not serve defendants Ye and Lu until April 12, 2021 and the service was by substituted service. On May 25, 2021, the clerk of the Court entered default, but the Odyssey notation only states: "Request to Enter Default." Thereafter, Defendants filed a motion to quash, which was accepted by the clerk, opposed and ruled upon by this Court on August 10, 2021. At the hearing, counsel for Plaintiff appeared and said that it was not contesting the tentative, which tentative was to deny the motion on substantive basis. On August 12, 2021, two days later, Plaintiff filed the notice of entry of default and, on August 31, 2021, this Court signed the proposed order submitted by Plaintiff denying the motion to quash on substantive grounds. Based upon this procedural posture and the facts set forth in the declaration, relief should be granted so that this case can proceed on the merits. Others Comments: Future Hearings and Vacated Hearings January 06, 2022 9:00 AM Case Management Conference Courtroom P Case Management Conferences, - 2