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Electronically
WILLIAM A. LOGAN, JR. (BAR NO. 115042) per t iF i
LAURA M. MOONEY (BAR NO. 203692) oN 11/2/2021
LOGAN MOONEY LLP /s/ Priscilla Tovar
100 Pine St., Suite 1250 Deputy Clerk
San Francisco, CA 94111
Tel: (415) 738-0764
Fax: (415) 376-0956
E-mail: wlogan@loganmooneyllp.com
Imooney@loganmooneyllp.com
Attorneys for Plaintiff Edgewater Holding Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 UNLIMITED JURISDICTION
11
12 EDGEWATER HOLDING CORPORATION, a Case No: 20-CIV-05770
California corporation,
13 DECLARATION OF CHRISTIAN
Plaintiff, P. SEVILLA IN SUPPORT OF
14 PLAINTIFF’S OPPOSITION TO
Vv, DEFENDANTS’ MOTION TO
15 VACATE CLERK’S DEFAULT
XIAOZHENG YE, an individual; QINGQING AND FOR LEAVE TO FILE
16 LU, an individual; and DOES 1-30, inclusive, ANSWER AND AFFIRMATIVE
DEFENSES
17 Defendants.
Date: November 16, 2021
18 Time: 2:00 p.m.
Dept.: 4
19
Judge: Hon. Nancy L. Fineman
20
Action Filed: December 23, 2020
21
22 I, Christian P. Sevilla., declare:
23 1 lam over eighteen years of age and not a party to the above-captioned proceeding. I
24 am a paralegal employed by Logan Mooney LLP, counsel of record for Plaintiff Edgewater Holding
25 Corporation (“Edgewater”) in the above-captioned proceeding. As shown in context below, I have
26 personal knowledge of the facts stated in this declaration.
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SEVILLA DECL. ISO OPPOSITION TO DEFENDANTS’ MOTION TO VACATE CLERK’S DEFAULT
2 On February 3, 2021, I e-mailed Defendants Xiaozheng Ye, and QingQing Lu aka
Amy Lu, using the email address amyamyca@163.com, which Ms. Lu had used in earlier email
communications with Edgewater on behalf
of Defendants, and identified our firm as counsel of
record for Plaintiff Edgewater. In my e-mail I attached copies of the Summons, Complaint, Notice of
Assignment, Notice of Initial Case Management Conference, blank form Case Management
Statement on CM-110, the Court’s ADR Information Packet, and two Notices of Acknowledgment
and Receipt, and requested that the Defendants execute and return the Notices of Acknowledgment
and Receipt for the above-captioned proceeding. I did not receive a response to my e-mail or any
message from the e-mail delivery system that my e-mail was undeliverable. Attached hereto as
10 Exhibit A are true and correct copies of my e-mail to the Defendants.
11 3 In March 2021, after Mr. Logan had also unsuccessfully attempted to secure
12 Defendants’ cooperation in service by returning a Notice of Acknowledgement and Receipt, our
13 office engaged a process server to attempt to personally serve Defendants at their residence address
14 identified on the Lease at 20 Port Royal Avenue, Foster City, California. Those efforts were
15 unsuccessful. Attached to this Declaration as Exhibit B is a “Declaration of Non-Service” by our
16 process server showing the three attempts at personal service at the 20 Port Royal Avenue address in
17 Foster City.
18 4. As part of my investigation, and based on our process server’s report, I began to
19 investigate whether Defendants had a new business and/or residence address in California. Unable to
20 find an address in California where Defendants could be personally served, we investigated potential
21 avenues of substitute service. As part of that investigation, we found Defendants’ email dated
22 November 11, 2020, to Edgewater’s Assistant Property Manager, Ms. Qianwen Chen, in which
23 Defendants had provided Edgewater a forwarding address at 1256 Formosa Drive, San Jose,
24 California 95131, which they identified as the residence ofa Ms. Grace Li, who was “representing”
25 them. A copy of that email is attached hereto as Exhibit C. Based upon that forwarding address
26 provided by the Defendants, and having exhausted our efforts at personal service, we proceeded with
27 substitute service of the Defendants at their forwarding address. Attached hereto as
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SEVILLA DECL. ISO OPPOSITION TO DEFENDANTS’ MOTION TO VACATE CLERK’S DEFAULT
Exhibit D are true copies of the declarations of our professional process server attesting to the
substitute service of each of the Defendants at their forwarding address at 1256 Formosa Drive, San
Jose, California 95131.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on this 2nd day of November, 2021, at Colorado rings, Colorado.
fan P. Sevilla
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SEVILLA DECL. ISO OpPosITION TO DEFENDANTS’ MOTION TO VACATE CLERK'S DEFAULT
EXHIBIT A
From: Christian Sevilla
To: “amyamyca@163.com"
Ce: Willam Logat
Subject: San Mateo Superior Court Case No. 20-CIV-05770 - Edgewater Holding Corporation v Xiaozheng Ye, et al
Date: Wednesday, February 3, 2021 12:50:22 PM
Attachments: Notice and Acknowledgment of Receipt - XY.pdf
Notice and Acknowledgment of Receipt - L.pdi
Service Package. pdf
Dear Mr. Xiaozheng Ye and Mrs. QingQing Lu,
Our firm is counsel to Plaintiff Edgewater Holding Corporation in the matter of Edgewater Holding
Corporation v Xiaozheng Ye, et al., San Mateo Superior Court Case No. 20-CIlV-05770. Attached to
this e-mail is a copy of the Complaint, Summons and other initiating documents in this proceeding,
as well as two Notices of Acknowledgment and Receipt for the documents.
Please sign, date, and return the Notices of Acknowledgment and Receipt to Plaintiff's counsel via e-
mail at your earliest opportunity.
Counsel for Plaintiff Edgewater Holding Corporation is William A. Logan, Jr. His telephone number
and e-mail address are (415) 738-0764, wlogan@loganmooneyllp.com.
Please let me know if you have any questions.
Thank you for your cooperation in this matter.
Christian Sevilla
Christian Sevilla | Paralegal
LOGAN MOONEY LLP
100 Pine Street| Suite 1250
San Francisco, CA 94111
E-Mail: csevilla@loganmooneyllp.com | Fax: (415) 376-0956
Mobile: (925) 518-0279 | Main: (415) 738-0758
Please consider the environment before you print this email.
The information contained in this communication is confidential, may be attomey-client privileged and is intended
only for the use of the addressee. It is the property of LOGAN MOONEY LLP. Unauthorized use, disclosure or
copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received
this communication in enor, please notify us immediately by retum e-mail or by e-mail to
sevilla @loganmooneyllp.com and destroy this communication and all copies thereof, including all attachments.
POS-015
JATTORNEY OR PARTY WITHOUT ATTORNEY: STATEBAR NO: 115042 FOR COURT
USE ONLY
NAME: William A. Logan, Jr.
FIRM NAME: Logan Mooney LLP
IsTREET ADDRESS: 100 Pine St, Ste 1250
city: San Francisco state: CA ZIP CODE: 94111
TELEPHONE NO: (415) 738-0764 FaxNo.: (415) 376-0956
E-MAIL ADDRESS: wlogan@loganmooneyllp.com
JATTORNEY FOR (Name):Plaintiff Edgewater Holding Corporation
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
‘STREET ADDRESS: 400 County Center
MAILING ADDRESS:
IcITy AND ZIP CODE: Redwood City 94063
BRANCH NAME Southern Branch
Plaintiff/Petitioner: Edgewater Holding Corporation
[Defendant/Respondent: Xiaozheng Ye and QingQing Lu
CASE NUMBER:
NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL 20-ClV-05770
TO (insert name of party being served): Defendant Xiaozheng Ye
NOTICE
The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil
Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you
(or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons
on you in any other manner permitted by law.
If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this
form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such
entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of
summons. If you return this form to the sender, service of a summons is deemed complete on the day ersign the
le
acknowledgment of receipt below.
Date of mailing: February3,2021
Christian P. Sevilla
(TYPE OR PRINT NAME) GIGNATUI hoffe wusr NOT BE A PARTY IN THIS CASE)
ACKNOWLEDGMENT OF RECEIPT
This acknowledges receipt of (to be completed by sender before malling).
1. [Gc] A copy of the summons and of the complaint.
2. [GC] Other (specify):
3. Notice of Assignment and Notice of Initial Case Management Conference
4. ADR Information Packet
5. Blank form CM-110 Case Management Statement
(To be completed by recipient).
Date this form is signed:
(TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY,
> (SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE IF
(ON WHOSE BEHALF THIS FORM IS SIGNED) ‘ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY)
Page
1 oft
Form Adopted tor Mandatory Use NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code of Civil Procedure,
Judicial Council of California §§ 415.30, 417.10
POS-015 [Rev. January1, 2005] ‘www. courtinfo.c@ gov
eR at as eaie a a ee een
POS-015
JATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO: 115042 FOR COURT USE ONLY
NAME: WilliamA. Logan, Jr.
FIRM NAME: Logan Mooney LLP
STREET ADDRESS: 100 Pine St, Ste 1250
city: San Francisco state: CA ZIP CODE: 94111
TELEPHONE NO.; (415) 738-0764 FAXNO.: (415) 376-0956
E-MAIL ADDRESS: wlogan@loganmooneylip.com
|ATTORNEY FOR (Name): Plaintiff Edgewater Holding Corporation
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS. 400 County Center
MAILING ADDRESS:
ICITY AND ZIP CODE: Redwood City 94063
BRANCH NAME: Southern Branch
Plaintiff/Petitioner: Edgewater Holding Corporation
Defendant/Respondent: Xiaozheng Ye and QingQing Lu
‘CASE NUMBER:
NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL 20-ClV-05770
TO (insert name of party being served): Defendant QingQing Lu a/k/a "Amy" Lu
NOTICE
The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil
Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you
(or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons
‘on you in any other manner permitted by law.
If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this
form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such
entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of
summons. If you return this form to the sender, service of a summons is deemed complete on the day you ” the
acknowledgment of receipt below.
ODL
Date of mailing: February 3, 2021
Christian P. Sevilla
(TYPE OR PRINT NAME) ose [UST NOT BE A PARTY IN THIS CASE)
ACKNOWLEDGMENT OF man’
This acknowledges receipt of (to be completed by sender before mailing):
[E<] A copy of the summons and of the complaint.
2. [BC] Other (specify)
3. Notice of Assignment and Notice of Initial Case Management Conference
4. ADR Information Packet
5. Blank form CM-110 Case Management Statement
(To be completed by recipient).
Date this form is signed:
(TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY,
> (SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE IF
ON WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY)
Page
1 of 1
Form Adopted for Mandatory Use NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code of Civil Procedure,
Judicial Council of California §§ 415.30, 417.10
POS-015 [Rev, January1, 2005] ‘www. courtinfo.ca gov
SUM-100
SUMMONS FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
(CITACION JUDICIAL)
Electronically
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO): by Superior Court of California, County of San Mateo:
XIAOZHENG YE, an individual; QINGQING LU, an individual; and DOES 1-30, inclusive. ON 12/23/2020
By /s/Wai Shan Lee
YOU ARE BEING SUED BY PLAINTIFF: Deputy Clerk
(LO ESTA DEMANDANDO EL DEMANDANTE):
EDGEWATER HOLDING CORPORATION, a California Corporation
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the
court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may
be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
jAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacién a
continuaci6n.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacion y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y mas informacién en el Ceniro de Ayuda de las Cortes de California (www. sucorte.ca.gov), en la
biblioteca de leyes de su condado 0 en la corte que le quede més cerca. Sino puede pagar la cuota de presentacién, pida al secretario de la corte que
le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra
quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Sino puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte o el
colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is: CASE NUMBER: (Numero del Caso):
(El nombre y direccién de la corte es): 20-CIV-05770
San Mateo County Superior Court
400 County Center, Redwood City, CA 94063
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre, la direccién y el numero
de teléfono del abogado de! demandante, o del demandante que nc tiene abogado, es):
William A. Logan, Jr. 100 Pine St, Ste 1250 San Francisco, CA 94111 (415) 738-0764
DATE: Clerk, by , Deputy
(Fecha) 12/23/2020 Neal. Taniguchi (Secretario)
/s/ Wai Shan Lee (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010).)
NOTICE TO THE PERSON SERVED: You are served
[SEAL]
EIT [) as an individual defendant.
[) as the person sued under the fictitious name of (specify):
2) [1] on behalf of (specify):
Aas i under: [~_] CCP 416.10 (corporation) [1 cep 416.60 (minor)
‘OF SR<> [] CcpP 416.20 (defunct corporation) [_] CCP 416.70 (conservatee)
[_] CcP 416.40 (association or partnership) [J CCP 416.90 (authorized person)
[_] other (specify):
[] by personal delivery on (date) Page 1 of 1
Form Adopted for Mandatory Use SUMMONS Code of Civil Procedure §§ 412.20, 465
Judicial Council of California wwnw.courts.ca.gov
SUM-100 (Rev. July 1, 2009]
WILLIAM A. LOGAN, JR. (BAR NO. 115042) Electronically
LAURA M. MOONEY (BAR NO. 203692)
by Superior Court of California, County of San Mateo
LOGAN MOONEY LLP
ON
100 Pine St., Suite 1250 12/23/2020
San Francisco, CA 94111 By. /s/ Wai Shan Lee
Deputy Clerk
Tel: (415) 738-0764
Fax: (415) 376-0956
E-mail: wlogan@loganmooneyllp.com
Imooney@loganmooneyllp.com
Attorneys for Plaintiff Edgewater Holding Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 UNLIMITED JURISDICTION
11
12 EDGEWATER HOLDING CORPORATION, a Case No: 20-CIV-05770
California corporation,
13 COMPLAINT FOR BREACH OF
Plaintiff, LEASE AND RECOVERY OF
14 UNPAID RENT
Vv,
15
XIAOZHENG YE, an individual; QINGQING
16 LU, an individual; and DOES 1-30, inclusive,
17 Defendants.
18
19 Plaintiff Edgewater Holding Corporation (“Plaintiff”) complains of Defendants and alleges as
20 follows.
21 THE PARTIES
22 1 Plaintiff is a corporation duly formed and existing under the laws of the State of
23 California and doing business in the City of Foster City, County of San Mateo, State of California.
24 2 Plaintiff is informed and believes and thereupon alleges that defendant Xiaozheng Ye
25 is an individual and resident of the City of Foster City, County of San Mateo. (“Defendant Ye’).
26
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COMPLAINT
3 Plaintiff is informed and believes and thereupon alleges that defendant Qingqing Lu,
also known as Amy Lu, is an individual and resident of the City of Foster City, County of San Mateo
(“Defendant Lu”).
4. The true names and capacities of defendants DOE | through 30, inclusive, are
unknown to Plaintiff who therefore sues said defendants by such fictitious names pursuant to Section
474 of the California Code of Civil Procedure. Plaintiff will seek leave of court to amend this
complaint when said true names and capacities have been ascertained.
5 Plaintiff is informed and believes and thereon alleges that each Defendant named
herein as a Doe was in some manner responsible for the occurrences and injuries to Plaintiff
as
10 alleged in this complaint. Plaintiff is further informed and believes and thereupon alleges that each of
11 the Defendants named herein as a Doe was acting as an agent and representative of each of the other
12 Defendants named herein and within the scope of his, her or its authority. Plaintiff is further
13 informed and believes and thereupon alleges that each Defendant named herein as a Doe claims some
14 type of possessory interest in and to the Premises.
15 THE LEASE
16 6. Plaintiff is the owner of the Edgewater Place Shopping Center located at 901-999
17 Edgewater Boulevard, Foster City, California (hereinafter “the Center”), including Space 969-F
18 located in the Center.
7
19 On or about January 14, 2016, Plaintiff, on the one hand, and Defendant Ye and
20 Defendant Lu (hereinafter, collectively “Defendants” or “Tenant”’), on the other hand, entered into a
21 written lease for Space 969-F Edgewater Boulevard located in the Center (“the Premises”). A true
22 copy of the Lease is attached hereto as Exhibit A and is incorporated herein (“the Lease”).
23 8 On or about February 22, 2016, Plaintiff
as landlord and Defendants as tenant
24 executed a Rent Commencement Certificate to confirm the Rent Commencement Date of the Lease
25 and the Lease’s expiration date. The Rent Commencement Certificate confirmed, among other things,
26 that Landlord delivered the Premises to Tenant on February 22, 2016, and established that rent was
27 payable on the Premises commencing June 1, 2016, for a term of five years expiring on May 31,
28
2
COMPLAINT
2021. Attached as Exhibit B and incorporated herein is a true copy of the February 22, 2016, Rent
Commencement Certificate (“First Rent Commencement Certificate”).
9 On or about February 26, 2016, Plaintiff
as landlord and Defendants as tenant
executed an Amendment to Lease (“First Amendment”) which in substantial part amended Section
1.3 of the original Lease to provide that the lease Term would begin from the earlier to occur of
(a) when Tenant opened for business or (b) One Hundred days after Landlord delivered possession
the Premises to Tenant, which Term would continue for five years thereafter. Attached as Exhibit C
and incorporated herein is a true and correct copy of the First Amendment.
10. On or about May 17, 2016, Plaintiff as landlord and Defendants as tenant executed a
10 second Rent Commencement Certificate (the “Second Rent Commencement Certificate”) which
11 reiterated that Landlord delivered the Premises to Tenant on February 22, 2016, but reset the Rent
12 Commencement Date to May 16, 2016, with the lease Term continuing to and expiring on May 31,
13 2021. Attached as Exhibit D and incorporated herein is a true and correct copy of the Second Rent
14 Commencement Certificate.
15 DEFENDANTS’ BREACH OF THE LEASE
16 11. The Center is located on the lagoon in Foster City and has a waterside boardwalk with
17 several restaurants and many retail establishments. Beginning in or around May 2016, Defendants
18 operated a small business in the Center called Moo Moo Yogurt, which was engaged primarily in
19 selling frozen yogurt and other dessert items. On or about April 1, 2020, Defendants stopped paying
20 rent and other amounts due under the Lease.
21 12. On October 27, 2020, Plaintiff attempted to personally serve Defendant Ye and
22 Defendant Lu with a Three-Day Notice to Pay Rent or Surrender Possession of the Premises stating
23 the amount of rent and other amounts due, explaining the manner in which rent is to be paid as
24 required by Section 1161(2) of the California Code of Civil Procedure, and requiring payment of the
25 whole thereof or delivery of possession of the Premises within three (3) days after service of the
26 Notice. The notice also stated Landlord’s preference to declare a forfeiture of the Lease in the event
27 of Defendants’ failure to pay the amounts due within the three-day period. A copy of the written
28 notice is attached hereto as Exhibit E and incorporated herein by reference (“Three-Day Notice”).
3
COMPLAINT
Attempted service was made at the residence address provided by the Tenant to receive Notices under
Section 12.7 of the Lease, but despite due diligence, such personal service unsuccessful. Attached as
Exhibit F is a true and correct copy of the proof
of service regarding the unsuccessful personal
service attempt on October 27, 2020. Following the unsuccessful attempted personal service of the
Three-Day Notice on October 27, on November 3, 2020, Plaintiff served Defendant Ye and
Defendant Lu with the Three-Day Notice by affixing it in a conspicuous manner to the door of the
Premises with tape. Attached as Exhibit G is true and correct copy of the proof
of service for the
Three-Day Notice that was affixed to the door at the Premises. Plaintiff also e-mailed a copy of the
Three-Day Notice to Defendant Lu, who after receiving Plaintiff's e-mailed copy of the Three-Day
10 Notice (1) confirmed the contents of Three-Day Notice, (2) that all outstanding rents owed by the
11 Tenant were due on November 6, 2020, in accordance with the terms of the Three-Day Notice and
12 (3) that defendants as tenants had vacated the Premises on November 6, 2020, thereby surrendering
13 possession of the Premises and forfeiting their rights under the Lease. As of the date of filing of this
14 Complaint, Defendants have not made any payments due under the Lease since their March 2020
15 payment.
16 FIRST CAUSE OF ACTION: BREACH OF LEASE
17 (Failure
to Pay Rent - Forfeiture
of Lease)
18 (All Defendants)
19 13. Plaintiff incorporates herein the allegations of paragraphs | through 12, above, as
20 though fully set forth.
21 14. Paragraph 11.1 of the Lease provides that Tenant shall be in default when it fails to
22 pay rent as and when due.
23 15. On April 1, 2020, Defendants failed to pay base rent due in the amount of $4,851.94,
24 plus estimated additional rent due in the amount of $776.31, which additional rent consisted of
25 estimated Insurance Expense, estimated Operating Expense, estimated Property Tax, Marketing Fee,
26 and prior month water charges, (hereinafter collectively, “Additional Rent”), all of which resulted in
27 a total default in the amount of $5,628.25.
28
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COMPLAINT
16. On May 1, 2020, Defendants failed to pay base rent due in the amount of $4,924.71,
plus estimated Additional Rent of $624.55, which when combined with the rent due April 1, 2020,
resulted in a total default in the amount of $11,177.51.
17. On June 1, 2020, Defendants failed to pay base rent due in the amount of $4,992.93,
plus estimated Additional Rent of $755.98, which when combined with the rent due April 1, 2020,
and May 1, 2020, resulted in a total default in the amount of $16,926.42.
18. On July 1, 2020, Defendants failed to pay base rent due in the amount of $4,992.93,
plus estimated Additional Rent of $624.96 which when combined with the rent due April 1, 2020,
May 1, 2020, and June 1, 2020, resulted in a total default in the amount of $22,544.31.
10 19. On August 1, 2020, Defendants failed to pay base rent due in the amount of $4,992.93,
11 plus estimated Additional Rent of $671.26 which when combined with the rent due April 1, 2020,
12 May 1, 2020, June 1, 2020, and July 1, 2020, resulted in a total default in the amount of $28,208.50.
13 20. On September 1, 2020, Defendants failed to pay base rent due in the amount of
14 $4,992.93, plus estimated Additional Rent of $624.96 which when combined with the rent due April
15 1, 2020, May 1, 2020, June 1, 2020, July 1, 2020, and August 1, 2020 resulted in a total default in the
16 amount of $33,826.39.
17 21. On October 1, 2020, Defendants failed to pay base rent due in the amount of
18 $4,992.93, plus estimated Additional Rent of $831.42 which when combined with the rent due April
19 1, 2020, May 1, 2020, June 1, 2020, July 1, 2020, August 1, 2020, and September 1, 2020, resulted in
20 a total default in the amount of $39,650.74.
21 22. On November 1, 2020, Defendants failed to pay base rent due in the amount of
22 $4,992.93, plus estimated Additional Rent of $624.96, which when combined with the rent due April
23 1, 2020, May 1, 2020, June 1, 2020, July 1, 2020, August 1, 2020, September 1, 2020, and October 1,
24 2020, resulted in a total default in the amount of $45,268.63.
25 23. On November 3, 2020, Plaintiff caused to be served on Defendant Ye and Defendant
26 Lua Three-Day Notice to Pay Rent or Surrender Possession of the Premises stating the amount of
27 rent and other amounts due, explaining the manner in which rent is to be paid as required by Section
28 1161(2) of the California Code of Civil Procedure, and requiring payment of the whole thereof or
5
COMPLAINT
delivery of possession of the Premises within three (3) days after service of the Notice and stating
Plaintiff's election to declare a forfeiture.
24. Neither Defendant Ye nor Defendant Lu cured the default in the payment of rent and,
therefore, Plaintiff's notice of intent to declare a forfeiture under the Lease became effective on
November 6, 2020.
25. On or about November 11, 2020, Defendants informed Plaintiff that they had vacated
the Premises on November 6, 2020, and requested Landlord pick up the key to their suite, thereby
surrendering possession of the Premises and forfeiting their rights under the Lease.
26. Plaintiff has performed all of the terms, conditions, and covenants of the Lease that are
10 required to be performed by Plaintiff.
11 27. Pursuant to Paragraph 11.3(b)(i), Plaintiff is entitled to recover the unpaid rent in the
12 amount of $45,268.63 through November 6, 2020, plus interest at the maximum legal rate and
13 attorney’s fees and costs of suit.
14 28. As set forth in the First Amendment to the Lease, the term of the Lease continued
15 through May 31, 2021. Pursuant to Paragraph 11.3(b)(ii) of the Lease, Plaintiff
is entitled to recover
16 the rent on the Premises for the period between November 7, 2020, and the time of the award in this
17 proceeding or May 31, 2021, whichever is earlier, plus interest at the maximum legal rate and
18 attorney’s fees and costs of suit, subject to reduction only to the extent of the amount of such loss of
19 rent that defendants prove Plaintiff could have reasonably avoided.
20 29. Pursuant to Paragraph 11.3(b)(ii) of the Lease, Plaintiffis entitled to recover the
21 unpaid rent for the period between the time of the award in this proceeding and any remaining term
22 of the Lease up to and including May 31, 2021, discounted at the discount rate of the Federal Reserve
23 Bank of San Francisco at the time of the award, plus one percent (1%), plus attorney’s fees and costs
24 of suit.
25 30. Plaintiff is informed and believes and thereupon alleges that due to the condition of
26 the Premises as well as current market conditions, defendants will not be able to prove any reduction
27 and that Plaintiff will therefore be entitled to an award of all remaining rent due through the Lease
28 term in an amount exceeding $33,707.34, plus interest at the maximum legal rate permitted by law.
6
COMPLAINT
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as set
forth below.
PRAYER FOR RELIEF
Plaintiff prays for judgment against Defendants, and each of them, on Plaintiff's Cause of
Action against Defendants, as follows:
a. For an award of the unpaid rent to and including November 6, 2020, in the amount
of $45,268.63;
For an award of unpaid rent from the date of termination through the duration of
the Lease term in the amount of $33,707.34;
10 For an award of interest on the above amounts at the maximum rate permitted by
11 law;
12 For an award of attorneys’ fees and expenses;
13 For costs of suit incurred in this action; and
14 For such other and further relief as the court may deem just and proper.
15 Dated: December 23, 2020 LOGAN MOONEY LLP
16 .
17 By: to William A. Degan, Jr.
18
Attorneys for Plaintiff Edgewater Holding
19 Corporation
20
21
22
23
24
25
26
27
28
7
COMPLAINT
THE EXHIBITS TO PLAINTIFF'S
COMPLAINT HAVE BEEN
INTENTIONALLY OMITTED FOR
THIS OPPOSITION TO
DEFENDANT'S MOTION FOR
ORDER QUASHING SUMMONS
EXHIBITA
@
SUPERIOR COURT OF SAN MATEO COUNTY FOR COURT USE ONLY
SE 2) 3 Civil Division
400 County Center, 1 Floor, Room A Redwood City, CA 94063
(650) 261-5100
FILED
‘OF SBM
a5 www.sanmateocourt.org SAN MATEO COUNTY
12/28/2020
PETITIONER/PLAINTIFF: EDGEWATER HOLDING CORPORATION
Clerk of the Superior Court
RESPONDENT/DEFENDANT: XIAOZHENG YE; QINGQING LU; DOES 1-30, /s/ Wai Lee
INCLUSIVE DEPUTY CLERK
NOTICE OF ASSIGNMENT FOR ALL PURPOSES (CIVIL) AND CASE NUMBER:
20-ClV-05770
NOTICE OF CASE MANAGEMENT CONFERENCE
By order of the Presiding Judge pursuant to San Mateo County Superior Court Local Rule 3.200(a) the above entitled
matter is assigned for all purposes to: Nancy L. Fineman in Department 4.
An Initial Case Management Conference is set before the Civil Commissioner, as follows:
DATE: 4/22/2021
TIME: 9:00 AM
LOCATION: 1050 Mission Road, South San Francisco, CA 94080
APPEARANCES SHALL BE REMOTE ONLY. Please visit our website at for information on remote appearances:
https://www.sanmateocourt.org/general_info/remote_appearance.php
ASSIGNED DEPARTMENT INFORMATION
To schedule a Law and Motion Hearing, please see Local Rule 3.402, or visit the assigned Judicial Officer’s webpage
at: www.sanmateocourt.org/civiljudges.
Contact information for your assigned department is as follows:
Judicial Officer Department Phone Department E-mail
Nancy L. Fineman Dept4@sanmateocourt.org
CASE MANAGEMENT CONFERENCE INFORMATION
You are hereby given notice of your Initial Case Management Conference. The date, time and department are noted
above.
. In accordance with applicable California Rules of the Court and Local Rules, you are hereby ordered to:
a) Serve all named defendants and file proofs of service on those defendants with the court within 60-days of
filing the complaint (CRC 3.110(b); Local Rule 3.804).
b) Serve a copy of this Notice, blank form of the Case Management Statement and ADR Information Package on
all named parties in this action (Local Rule 3.804(a)). Documents are available online under the CIVIL CMC
Packet section at: ‘sanmateocourt.or; ‘court_divisions/civi
c) File and serve a completed Case Management Statement at least 15 days before the Case Management
Conference (CRC 3.725; Local Rule 3.805(c)). Failure to do so may result in monetary sanctions or the
continuance of the CMC.
d) Meet and confer, in person or by telephone, to consider each of the issues identified in CRC 3.724 no later
Rev. November 2020
than 30 days before the date set for the Case Management Conference (Local Rule 3.805(b)).
2. Parties may proceed to an Appropriate Dispute Resolution process (“ADR”) by filing a Stipulation and Order to
ADR (Local Form ADR-CV-1). File and serve the completed Stipulation and Order to ADR form at least 12 days
prior to the Case Management Conference (Local Rule 3.805(f)). You may find this form and information
regarding the Civil ADR Program online at http://sanmateocourt.org/court_divisions/adr/civil/
For additional information, you may visit the Judicial officer's webpage at: www.sanmateocourt.org/civiljudge:
CLERK’S CERTIFICATE OF SERVICE
| hereby certify that | am the clerk of this Court, not a party to this cause; that | served a copy of this notice on the below date,
[1 by hand [] by electronic service to the parties or their counsel of record at the email addresses set forth below and shown by
the records of this Court or [x] by placing a copy thereof in separate sealed envelopes addressed to the address shown by the
records of this Court, and by then sealing said envelopes and depositing same, with postage fully pre-paid thereon, in the United
States Mail at Redwood City, California.
Date: 12/28/2020
Neal | Taniguchi, Court Executive Officer/Clerk
By: /s/ Wai Lee
Wai Lee, Deputy Clerk
Notice being served on:
WILLIAM A LOGAN JR
LOGAN MOONEY LLP
100 PINE STREET SUITE 1250
SAN FRANCISCO CA 94111
Preview
Electronically WILLIAM A. LOGAN, JR. (BAR NO. 115042) per t iF i LAURA M. MOONEY (BAR NO. 203692) oN 11/2/2021 LOGAN MOONEY LLP /s/ Priscilla Tovar 100 Pine St., Suite 1250 Deputy Clerk San Francisco, CA 94111 Tel: (415) 738-0764 Fax: (415) 376-0956 E-mail: wlogan@loganmooneyllp.com Imooney@loganmooneyllp.com Attorneys for Plaintiff Edgewater Holding Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 UNLIMITED JURISDICTION 11 12 EDGEWATER HOLDING CORPORATION, a Case No: 20-CIV-05770 California corporation, 13 DECLARATION OF CHRISTIAN Plaintiff, P. SEVILLA IN SUPPORT OF 14 PLAINTIFF’S OPPOSITION TO Vv, DEFENDANTS’ MOTION TO 15 VACATE CLERK’S DEFAULT XIAOZHENG YE, an individual; QINGQING AND FOR LEAVE TO FILE 16 LU, an individual; and DOES 1-30, inclusive, ANSWER AND AFFIRMATIVE DEFENSES 17 Defendants. Date: November 16, 2021 18 Time: 2:00 p.m. Dept.: 4 19 Judge: Hon. Nancy L. Fineman 20 Action Filed: December 23, 2020 21 22 I, Christian P. Sevilla., declare: 23 1 lam over eighteen years of age and not a party to the above-captioned proceeding. I 24 am a paralegal employed by Logan Mooney LLP, counsel of record for Plaintiff Edgewater Holding 25 Corporation (“Edgewater”) in the above-captioned proceeding. As shown in context below, I have 26 personal knowledge of the facts stated in this declaration. 27 28 1 SEVILLA DECL. ISO OPPOSITION TO DEFENDANTS’ MOTION TO VACATE CLERK’S DEFAULT 2 On February 3, 2021, I e-mailed Defendants Xiaozheng Ye, and QingQing Lu aka Amy Lu, using the email address amyamyca@163.com, which Ms. Lu had used in earlier email communications with Edgewater on behalf of Defendants, and identified our firm as counsel of record for Plaintiff Edgewater. In my e-mail I attached copies of the Summons, Complaint, Notice of Assignment, Notice of Initial Case Management Conference, blank form Case Management Statement on CM-110, the Court’s ADR Information Packet, and two Notices of Acknowledgment and Receipt, and requested that the Defendants execute and return the Notices of Acknowledgment and Receipt for the above-captioned proceeding. I did not receive a response to my e-mail or any message from the e-mail delivery system that my e-mail was undeliverable. Attached hereto as 10 Exhibit A are true and correct copies of my e-mail to the Defendants. 11 3 In March 2021, after Mr. Logan had also unsuccessfully attempted to secure 12 Defendants’ cooperation in service by returning a Notice of Acknowledgement and Receipt, our 13 office engaged a process server to attempt to personally serve Defendants at their residence address 14 identified on the Lease at 20 Port Royal Avenue, Foster City, California. Those efforts were 15 unsuccessful. Attached to this Declaration as Exhibit B is a “Declaration of Non-Service” by our 16 process server showing the three attempts at personal service at the 20 Port Royal Avenue address in 17 Foster City. 18 4. As part of my investigation, and based on our process server’s report, I began to 19 investigate whether Defendants had a new business and/or residence address in California. Unable to 20 find an address in California where Defendants could be personally served, we investigated potential 21 avenues of substitute service. As part of that investigation, we found Defendants’ email dated 22 November 11, 2020, to Edgewater’s Assistant Property Manager, Ms. Qianwen Chen, in which 23 Defendants had provided Edgewater a forwarding address at 1256 Formosa Drive, San Jose, 24 California 95131, which they identified as the residence ofa Ms. Grace Li, who was “representing” 25 them. A copy of that email is attached hereto as Exhibit C. Based upon that forwarding address 26 provided by the Defendants, and having exhausted our efforts at personal service, we proceeded with 27 substitute service of the Defendants at their forwarding address. Attached hereto as 28 2 SEVILLA DECL. ISO OPPOSITION TO DEFENDANTS’ MOTION TO VACATE CLERK’S DEFAULT Exhibit D are true copies of the declarations of our professional process server attesting to the substitute service of each of the Defendants at their forwarding address at 1256 Formosa Drive, San Jose, California 95131. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 2nd day of November, 2021, at Colorado rings, Colorado. fan P. Sevilla 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 SEVILLA DECL. ISO OpPosITION TO DEFENDANTS’ MOTION TO VACATE CLERK'S DEFAULT EXHIBIT A From: Christian Sevilla To: “amyamyca@163.com" Ce: Willam Logat Subject: San Mateo Superior Court Case No. 20-CIV-05770 - Edgewater Holding Corporation v Xiaozheng Ye, et al Date: Wednesday, February 3, 2021 12:50:22 PM Attachments: Notice and Acknowledgment of Receipt - XY.pdf Notice and Acknowledgment of Receipt - L.pdi Service Package. pdf Dear Mr. Xiaozheng Ye and Mrs. QingQing Lu, Our firm is counsel to Plaintiff Edgewater Holding Corporation in the matter of Edgewater Holding Corporation v Xiaozheng Ye, et al., San Mateo Superior Court Case No. 20-CIlV-05770. Attached to this e-mail is a copy of the Complaint, Summons and other initiating documents in this proceeding, as well as two Notices of Acknowledgment and Receipt for the documents. Please sign, date, and return the Notices of Acknowledgment and Receipt to Plaintiff's counsel via e- mail at your earliest opportunity. Counsel for Plaintiff Edgewater Holding Corporation is William A. Logan, Jr. His telephone number and e-mail address are (415) 738-0764, wlogan@loganmooneyllp.com. Please let me know if you have any questions. Thank you for your cooperation in this matter. Christian Sevilla Christian Sevilla | Paralegal LOGAN MOONEY LLP 100 Pine Street| Suite 1250 San Francisco, CA 94111 E-Mail: csevilla@loganmooneyllp.com | Fax: (415) 376-0956 Mobile: (925) 518-0279 | Main: (415) 738-0758 Please consider the environment before you print this email. The information contained in this communication is confidential, may be attomey-client privileged and is intended only for the use of the addressee. It is the property of LOGAN MOONEY LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in enor, please notify us immediately by retum e-mail or by e-mail to sevilla @loganmooneyllp.com and destroy this communication and all copies thereof, including all attachments. POS-015 JATTORNEY OR PARTY WITHOUT ATTORNEY: STATEBAR NO: 115042 FOR COURT USE ONLY NAME: William A. Logan, Jr. FIRM NAME: Logan Mooney LLP IsTREET ADDRESS: 100 Pine St, Ste 1250 city: San Francisco state: CA ZIP CODE: 94111 TELEPHONE NO: (415) 738-0764 FaxNo.: (415) 376-0956 E-MAIL ADDRESS: wlogan@loganmooneyllp.com JATTORNEY FOR (Name):Plaintiff Edgewater Holding Corporation [SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo ‘STREET ADDRESS: 400 County Center MAILING ADDRESS: IcITy AND ZIP CODE: Redwood City 94063 BRANCH NAME Southern Branch Plaintiff/Petitioner: Edgewater Holding Corporation [Defendant/Respondent: Xiaozheng Ye and QingQing Lu CASE NUMBER: NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL 20-ClV-05770 TO (insert name of party being served): Defendant Xiaozheng Ye NOTICE The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you in any other manner permitted by law. If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. If you return this form to the sender, service of a summons is deemed complete on the day ersign the le acknowledgment of receipt below. Date of mailing: February3,2021 Christian P. Sevilla (TYPE OR PRINT NAME) GIGNATUI hoffe wusr NOT BE A PARTY IN THIS CASE) ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of (to be completed by sender before malling). 1. [Gc] A copy of the summons and of the complaint. 2. [GC] Other (specify): 3. Notice of Assignment and Notice of Initial Case Management Conference 4. ADR Information Packet 5. Blank form CM-110 Case Management Statement (To be completed by recipient). Date this form is signed: (TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY, > (SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE IF (ON WHOSE BEHALF THIS FORM IS SIGNED) ‘ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY) Page 1 oft Form Adopted tor Mandatory Use NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code of Civil Procedure, Judicial Council of California §§ 415.30, 417.10 POS-015 [Rev. January1, 2005] ‘www. courtinfo.c@ gov eR at as eaie a a ee een POS-015 JATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO: 115042 FOR COURT USE ONLY NAME: WilliamA. Logan, Jr. FIRM NAME: Logan Mooney LLP STREET ADDRESS: 100 Pine St, Ste 1250 city: San Francisco state: CA ZIP CODE: 94111 TELEPHONE NO.; (415) 738-0764 FAXNO.: (415) 376-0956 E-MAIL ADDRESS: wlogan@loganmooneylip.com |ATTORNEY FOR (Name): Plaintiff Edgewater Holding Corporation SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREET ADDRESS. 400 County Center MAILING ADDRESS: ICITY AND ZIP CODE: Redwood City 94063 BRANCH NAME: Southern Branch Plaintiff/Petitioner: Edgewater Holding Corporation Defendant/Respondent: Xiaozheng Ye and QingQing Lu ‘CASE NUMBER: NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL 20-ClV-05770 TO (insert name of party being served): Defendant QingQing Lu a/k/a "Amy" Lu NOTICE The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons ‘on you in any other manner permitted by law. If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. If you return this form to the sender, service of a summons is deemed complete on the day you ” the acknowledgment of receipt below. ODL Date of mailing: February 3, 2021 Christian P. Sevilla (TYPE OR PRINT NAME) ose [UST NOT BE A PARTY IN THIS CASE) ACKNOWLEDGMENT OF man’ This acknowledges receipt of (to be completed by sender before mailing): [E<] A copy of the summons and of the complaint. 2. [BC] Other (specify) 3. Notice of Assignment and Notice of Initial Case Management Conference 4. ADR Information Packet 5. Blank form CM-110 Case Management Statement (To be completed by recipient). Date this form is signed: (TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY, > (SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE IF ON WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY) Page 1 of 1 Form Adopted for Mandatory Use NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code of Civil Procedure, Judicial Council of California §§ 415.30, 417.10 POS-015 [Rev, January1, 2005] ‘www. courtinfo.ca gov SUM-100 SUMMONS FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) (CITACION JUDICIAL) Electronically NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): by Superior Court of California, County of San Mateo: XIAOZHENG YE, an individual; QINGQING LU, an individual; and DOES 1-30, inclusive. ON 12/23/2020 By /s/Wai Shan Lee YOU ARE BEING SUED BY PLAINTIFF: Deputy Clerk (LO ESTA DEMANDANDO EL DEMANDANTE): EDGEWATER HOLDING CORPORATION, a California Corporation NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. jAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informacién a continuaci6n. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacion y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informacién en el Ceniro de Ayuda de las Cortes de California (www. sucorte.ca.gov), en la biblioteca de leyes de su condado 0 en la corte que le quede més cerca. Sino puede pagar la cuota de presentacién, pida al secretario de la corte que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra quitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar a un servicio de remisién a abogados. Sino puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte o el colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacién de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso. The name and address of the court is: CASE NUMBER: (Numero del Caso): (El nombre y direccién de la corte es): 20-CIV-05770 San Mateo County Superior Court 400 County Center, Redwood City, CA 94063 The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre, la direccién y el numero de teléfono del abogado de! demandante, o del demandante que nc tiene abogado, es): William A. Logan, Jr. 100 Pine St, Ste 1250 San Francisco, CA 94111 (415) 738-0764 DATE: Clerk, by , Deputy (Fecha) 12/23/2020 Neal. Taniguchi (Secretario) /s/ Wai Shan Lee (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010).) NOTICE TO THE PERSON SERVED: You are served [SEAL] EIT [) as an individual defendant. [) as the person sued under the fictitious name of (specify): 2) [1] on behalf of (specify): Aas i under: [~_] CCP 416.10 (corporation) [1 cep 416.60 (minor) ‘OF SR<> [] CcpP 416.20 (defunct corporation) [_] CCP 416.70 (conservatee) [_] CcP 416.40 (association or partnership) [J CCP 416.90 (authorized person) [_] other (specify): [] by personal delivery on (date) Page 1 of 1 Form Adopted for Mandatory Use SUMMONS Code of Civil Procedure §§ 412.20, 465 Judicial Council of California wwnw.courts.ca.gov SUM-100 (Rev. July 1, 2009] WILLIAM A. LOGAN, JR. (BAR NO. 115042) Electronically LAURA M. MOONEY (BAR NO. 203692) by Superior Court of California, County of San Mateo LOGAN MOONEY LLP ON 100 Pine St., Suite 1250 12/23/2020 San Francisco, CA 94111 By. /s/ Wai Shan Lee Deputy Clerk Tel: (415) 738-0764 Fax: (415) 376-0956 E-mail: wlogan@loganmooneyllp.com Imooney@loganmooneyllp.com Attorneys for Plaintiff Edgewater Holding Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 UNLIMITED JURISDICTION 11 12 EDGEWATER HOLDING CORPORATION, a Case No: 20-CIV-05770 California corporation, 13 COMPLAINT FOR BREACH OF Plaintiff, LEASE AND RECOVERY OF 14 UNPAID RENT Vv, 15 XIAOZHENG YE, an individual; QINGQING 16 LU, an individual; and DOES 1-30, inclusive, 17 Defendants. 18 19 Plaintiff Edgewater Holding Corporation (“Plaintiff”) complains of Defendants and alleges as 20 follows. 21 THE PARTIES 22 1 Plaintiff is a corporation duly formed and existing under the laws of the State of 23 California and doing business in the City of Foster City, County of San Mateo, State of California. 24 2 Plaintiff is informed and believes and thereupon alleges that defendant Xiaozheng Ye 25 is an individual and resident of the City of Foster City, County of San Mateo. (“Defendant Ye’). 26 27 28 1 COMPLAINT 3 Plaintiff is informed and believes and thereupon alleges that defendant Qingqing Lu, also known as Amy Lu, is an individual and resident of the City of Foster City, County of San Mateo (“Defendant Lu”). 4. The true names and capacities of defendants DOE | through 30, inclusive, are unknown to Plaintiff who therefore sues said defendants by such fictitious names pursuant to Section 474 of the California Code of Civil Procedure. Plaintiff will seek leave of court to amend this complaint when said true names and capacities have been ascertained. 5 Plaintiff is informed and believes and thereon alleges that each Defendant named herein as a Doe was in some manner responsible for the occurrences and injuries to Plaintiff as 10 alleged in this complaint. Plaintiff is further informed and believes and thereupon alleges that each of 11 the Defendants named herein as a Doe was acting as an agent and representative of each of the other 12 Defendants named herein and within the scope of his, her or its authority. Plaintiff is further 13 informed and believes and thereupon alleges that each Defendant named herein as a Doe claims some 14 type of possessory interest in and to the Premises. 15 THE LEASE 16 6. Plaintiff is the owner of the Edgewater Place Shopping Center located at 901-999 17 Edgewater Boulevard, Foster City, California (hereinafter “the Center”), including Space 969-F 18 located in the Center. 7 19 On or about January 14, 2016, Plaintiff, on the one hand, and Defendant Ye and 20 Defendant Lu (hereinafter, collectively “Defendants” or “Tenant”’), on the other hand, entered into a 21 written lease for Space 969-F Edgewater Boulevard located in the Center (“the Premises”). A true 22 copy of the Lease is attached hereto as Exhibit A and is incorporated herein (“the Lease”). 23 8 On or about February 22, 2016, Plaintiff as landlord and Defendants as tenant 24 executed a Rent Commencement Certificate to confirm the Rent Commencement Date of the Lease 25 and the Lease’s expiration date. The Rent Commencement Certificate confirmed, among other things, 26 that Landlord delivered the Premises to Tenant on February 22, 2016, and established that rent was 27 payable on the Premises commencing June 1, 2016, for a term of five years expiring on May 31, 28 2 COMPLAINT 2021. Attached as Exhibit B and incorporated herein is a true copy of the February 22, 2016, Rent Commencement Certificate (“First Rent Commencement Certificate”). 9 On or about February 26, 2016, Plaintiff as landlord and Defendants as tenant executed an Amendment to Lease (“First Amendment”) which in substantial part amended Section 1.3 of the original Lease to provide that the lease Term would begin from the earlier to occur of (a) when Tenant opened for business or (b) One Hundred days after Landlord delivered possession the Premises to Tenant, which Term would continue for five years thereafter. Attached as Exhibit C and incorporated herein is a true and correct copy of the First Amendment. 10. On or about May 17, 2016, Plaintiff as landlord and Defendants as tenant executed a 10 second Rent Commencement Certificate (the “Second Rent Commencement Certificate”) which 11 reiterated that Landlord delivered the Premises to Tenant on February 22, 2016, but reset the Rent 12 Commencement Date to May 16, 2016, with the lease Term continuing to and expiring on May 31, 13 2021. Attached as Exhibit D and incorporated herein is a true and correct copy of the Second Rent 14 Commencement Certificate. 15 DEFENDANTS’ BREACH OF THE LEASE 16 11. The Center is located on the lagoon in Foster City and has a waterside boardwalk with 17 several restaurants and many retail establishments. Beginning in or around May 2016, Defendants 18 operated a small business in the Center called Moo Moo Yogurt, which was engaged primarily in 19 selling frozen yogurt and other dessert items. On or about April 1, 2020, Defendants stopped paying 20 rent and other amounts due under the Lease. 21 12. On October 27, 2020, Plaintiff attempted to personally serve Defendant Ye and 22 Defendant Lu with a Three-Day Notice to Pay Rent or Surrender Possession of the Premises stating 23 the amount of rent and other amounts due, explaining the manner in which rent is to be paid as 24 required by Section 1161(2) of the California Code of Civil Procedure, and requiring payment of the 25 whole thereof or delivery of possession of the Premises within three (3) days after service of the 26 Notice. The notice also stated Landlord’s preference to declare a forfeiture of the Lease in the event 27 of Defendants’ failure to pay the amounts due within the three-day period. A copy of the written 28 notice is attached hereto as Exhibit E and incorporated herein by reference (“Three-Day Notice”). 3 COMPLAINT Attempted service was made at the residence address provided by the Tenant to receive Notices under Section 12.7 of the Lease, but despite due diligence, such personal service unsuccessful. Attached as Exhibit F is a true and correct copy of the proof of service regarding the unsuccessful personal service attempt on October 27, 2020. Following the unsuccessful attempted personal service of the Three-Day Notice on October 27, on November 3, 2020, Plaintiff served Defendant Ye and Defendant Lu with the Three-Day Notice by affixing it in a conspicuous manner to the door of the Premises with tape. Attached as Exhibit G is true and correct copy of the proof of service for the Three-Day Notice that was affixed to the door at the Premises. Plaintiff also e-mailed a copy of the Three-Day Notice to Defendant Lu, who after receiving Plaintiff's e-mailed copy of the Three-Day 10 Notice (1) confirmed the contents of Three-Day Notice, (2) that all outstanding rents owed by the 11 Tenant were due on November 6, 2020, in accordance with the terms of the Three-Day Notice and 12 (3) that defendants as tenants had vacated the Premises on November 6, 2020, thereby surrendering 13 possession of the Premises and forfeiting their rights under the Lease. As of the date of filing of this 14 Complaint, Defendants have not made any payments due under the Lease since their March 2020 15 payment. 16 FIRST CAUSE OF ACTION: BREACH OF LEASE 17 (Failure to Pay Rent - Forfeiture of Lease) 18 (All Defendants) 19 13. Plaintiff incorporates herein the allegations of paragraphs | through 12, above, as 20 though fully set forth. 21 14. Paragraph 11.1 of the Lease provides that Tenant shall be in default when it fails to 22 pay rent as and when due. 23 15. On April 1, 2020, Defendants failed to pay base rent due in the amount of $4,851.94, 24 plus estimated additional rent due in the amount of $776.31, which additional rent consisted of 25 estimated Insurance Expense, estimated Operating Expense, estimated Property Tax, Marketing Fee, 26 and prior month water charges, (hereinafter collectively, “Additional Rent”), all of which resulted in 27 a total default in the amount of $5,628.25. 28 4 COMPLAINT 16. On May 1, 2020, Defendants failed to pay base rent due in the amount of $4,924.71, plus estimated Additional Rent of $624.55, which when combined with the rent due April 1, 2020, resulted in a total default in the amount of $11,177.51. 17. On June 1, 2020, Defendants failed to pay base rent due in the amount of $4,992.93, plus estimated Additional Rent of $755.98, which when combined with the rent due April 1, 2020, and May 1, 2020, resulted in a total default in the amount of $16,926.42. 18. On July 1, 2020, Defendants failed to pay base rent due in the amount of $4,992.93, plus estimated Additional Rent of $624.96 which when combined with the rent due April 1, 2020, May 1, 2020, and June 1, 2020, resulted in a total default in the amount of $22,544.31. 10 19. On August 1, 2020, Defendants failed to pay base rent due in the amount of $4,992.93, 11 plus estimated Additional Rent of $671.26 which when combined with the rent due April 1, 2020, 12 May 1, 2020, June 1, 2020, and July 1, 2020, resulted in a total default in the amount of $28,208.50. 13 20. On September 1, 2020, Defendants failed to pay base rent due in the amount of 14 $4,992.93, plus estimated Additional Rent of $624.96 which when combined with the rent due April 15 1, 2020, May 1, 2020, June 1, 2020, July 1, 2020, and August 1, 2020 resulted in a total default in the 16 amount of $33,826.39. 17 21. On October 1, 2020, Defendants failed to pay base rent due in the amount of 18 $4,992.93, plus estimated Additional Rent of $831.42 which when combined with the rent due April 19 1, 2020, May 1, 2020, June 1, 2020, July 1, 2020, August 1, 2020, and September 1, 2020, resulted in 20 a total default in the amount of $39,650.74. 21 22. On November 1, 2020, Defendants failed to pay base rent due in the amount of 22 $4,992.93, plus estimated Additional Rent of $624.96, which when combined with the rent due April 23 1, 2020, May 1, 2020, June 1, 2020, July 1, 2020, August 1, 2020, September 1, 2020, and October 1, 24 2020, resulted in a total default in the amount of $45,268.63. 25 23. On November 3, 2020, Plaintiff caused to be served on Defendant Ye and Defendant 26 Lua Three-Day Notice to Pay Rent or Surrender Possession of the Premises stating the amount of 27 rent and other amounts due, explaining the manner in which rent is to be paid as required by Section 28 1161(2) of the California Code of Civil Procedure, and requiring payment of the whole thereof or 5 COMPLAINT delivery of possession of the Premises within three (3) days after service of the Notice and stating Plaintiff's election to declare a forfeiture. 24. Neither Defendant Ye nor Defendant Lu cured the default in the payment of rent and, therefore, Plaintiff's notice of intent to declare a forfeiture under the Lease became effective on November 6, 2020. 25. On or about November 11, 2020, Defendants informed Plaintiff that they had vacated the Premises on November 6, 2020, and requested Landlord pick up the key to their suite, thereby surrendering possession of the Premises and forfeiting their rights under the Lease. 26. Plaintiff has performed all of the terms, conditions, and covenants of the Lease that are 10 required to be performed by Plaintiff. 11 27. Pursuant to Paragraph 11.3(b)(i), Plaintiff is entitled to recover the unpaid rent in the 12 amount of $45,268.63 through November 6, 2020, plus interest at the maximum legal rate and 13 attorney’s fees and costs of suit. 14 28. As set forth in the First Amendment to the Lease, the term of the Lease continued 15 through May 31, 2021. Pursuant to Paragraph 11.3(b)(ii) of the Lease, Plaintiff is entitled to recover 16 the rent on the Premises for the period between November 7, 2020, and the time of the award in this 17 proceeding or May 31, 2021, whichever is earlier, plus interest at the maximum legal rate and 18 attorney’s fees and costs of suit, subject to reduction only to the extent of the amount of such loss of 19 rent that defendants prove Plaintiff could have reasonably avoided. 20 29. Pursuant to Paragraph 11.3(b)(ii) of the Lease, Plaintiffis entitled to recover the 21 unpaid rent for the period between the time of the award in this proceeding and any remaining term 22 of the Lease up to and including May 31, 2021, discounted at the discount rate of the Federal Reserve 23 Bank of San Francisco at the time of the award, plus one percent (1%), plus attorney’s fees and costs 24 of suit. 25 30. Plaintiff is informed and believes and thereupon alleges that due to the condition of 26 the Premises as well as current market conditions, defendants will not be able to prove any reduction 27 and that Plaintiff will therefore be entitled to an award of all remaining rent due through the Lease 28 term in an amount exceeding $33,707.34, plus interest at the maximum legal rate permitted by law. 6 COMPLAINT WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as set forth below. PRAYER FOR RELIEF Plaintiff prays for judgment against Defendants, and each of them, on Plaintiff's Cause of Action against Defendants, as follows: a. For an award of the unpaid rent to and including November 6, 2020, in the amount of $45,268.63; For an award of unpaid rent from the date of termination through the duration of the Lease term in the amount of $33,707.34; 10 For an award of interest on the above amounts at the maximum rate permitted by 11 law; 12 For an award of attorneys’ fees and expenses; 13 For costs of suit incurred in this action; and 14 For such other and further relief as the court may deem just and proper. 15 Dated: December 23, 2020 LOGAN MOONEY LLP 16 . 17 By: to William A. Degan, Jr. 18 Attorneys for Plaintiff Edgewater Holding 19 Corporation 20 21 22 23 24 25 26 27 28 7 COMPLAINT THE EXHIBITS TO PLAINTIFF'S COMPLAINT HAVE BEEN INTENTIONALLY OMITTED FOR THIS OPPOSITION TO DEFENDANT'S MOTION FOR ORDER QUASHING SUMMONS EXHIBITA @ SUPERIOR COURT OF SAN MATEO COUNTY FOR COURT USE ONLY SE 2) 3 Civil Division 400 County Center, 1 Floor, Room A Redwood City, CA 94063 (650) 261-5100 FILED ‘OF SBM a5 www.sanmateocourt.org SAN MATEO COUNTY 12/28/2020 PETITIONER/PLAINTIFF: EDGEWATER HOLDING CORPORATION Clerk of the Superior Court RESPONDENT/DEFENDANT: XIAOZHENG YE; QINGQING LU; DOES 1-30, /s/ Wai Lee INCLUSIVE DEPUTY CLERK NOTICE OF ASSIGNMENT FOR ALL PURPOSES (CIVIL) AND CASE NUMBER: 20-ClV-05770 NOTICE OF CASE MANAGEMENT CONFERENCE By order of the Presiding Judge pursuant to San Mateo County Superior Court Local Rule 3.200(a) the above entitled matter is assigned for all purposes to: Nancy L. Fineman in Department 4. An Initial Case Management Conference is set before the Civil Commissioner, as follows: DATE: 4/22/2021 TIME: 9:00 AM LOCATION: 1050 Mission Road, South San Francisco, CA 94080 APPEARANCES SHALL BE REMOTE ONLY. Please visit our website at for information on remote appearances: https://www.sanmateocourt.org/general_info/remote_appearance.php ASSIGNED DEPARTMENT INFORMATION To schedule a Law and Motion Hearing, please see Local Rule 3.402, or visit the assigned Judicial Officer’s webpage at: www.sanmateocourt.org/civiljudges. Contact information for your assigned department is as follows: Judicial Officer Department Phone Department E-mail Nancy L. Fineman Dept4@sanmateocourt.org CASE MANAGEMENT CONFERENCE INFORMATION You are hereby given notice of your Initial Case Management Conference. The date, time and department are noted above. . In accordance with applicable California Rules of the Court and Local Rules, you are hereby ordered to: a) Serve all named defendants and file proofs of service on those defendants with the court within 60-days of filing the complaint (CRC 3.110(b); Local Rule 3.804). b) Serve a copy of this Notice, blank form of the Case Management Statement and ADR Information Package on all named parties in this action (Local Rule 3.804(a)). Documents are available online under the CIVIL CMC Packet section at: ‘sanmateocourt.or; ‘court_divisions/civi c) File and serve a completed Case Management Statement at least 15 days before the Case Management Conference (CRC 3.725; Local Rule 3.805(c)). Failure to do so may result in monetary sanctions or the continuance of the CMC. d) Meet and confer, in person or by telephone, to consider each of the issues identified in CRC 3.724 no later Rev. November 2020 than 30 days before the date set for the Case Management Conference (Local Rule 3.805(b)). 2. Parties may proceed to an Appropriate Dispute Resolution process (“ADR”) by filing a Stipulation and Order to ADR (Local Form ADR-CV-1). File and serve the completed Stipulation and Order to ADR form at least 12 days prior to the Case Management Conference (Local Rule 3.805(f)). You may find this form and information regarding the Civil ADR Program online at http://sanmateocourt.org/court_divisions/adr/civil/ For additional information, you may visit the Judicial officer's webpage at: www.sanmateocourt.org/civiljudge: CLERK’S CERTIFICATE OF SERVICE | hereby certify that | am the clerk of this Court, not a party to this cause; that | served a copy of this notice on the below date, [1 by hand [] by electronic service to the parties or their counsel of record at the email addresses set forth below and shown by the records of this Court or [x] by placing a copy thereof in separate sealed envelopes addressed to the address shown by the records of this Court, and by then sealing said envelopes and depositing same, with postage fully pre-paid thereon, in the United States Mail at Redwood City, California. Date: 12/28/2020 Neal | Taniguchi, Court Executive Officer/Clerk By: /s/ Wai Lee Wai Lee, Deputy Clerk Notice being served on: WILLIAM A LOGAN JR LOGAN MOONEY LLP 100 PINE STREET SUITE 1250 SAN FRANCISCO CA 94111