Preview
1 JAMES M. BARRETT, ESQ. (SBN 190274)
THE LAW OFFICE OF JAMES M. BARRETT, PLC
2 100 W. EL CAMINO REAL, SUITE 81
MOUNTAIl~ VIEW, CA 94040
3 Phone: (650) 969-3687
4 Fax: (650) 969-3699
Email: JB@JAMESBARRETTLAW.COM
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Attorney for Defendants Bua Quach, Sovan Lien, Dong Vuong and Thanh Lai
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SUPERIOR COURT OF CALIFORNIA
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FOR THE CITY AND COUNTY OF SAN MATEO
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11 DBP INVESTMENTS, a California General )
Partnership, ) Case No.: CIV538897
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Plaintiff, ) DEFENDANT'S BUA QUACH ET AL'S
13 ) CASE MANAGEMENT AND TRIAL
v. ) SETTING CONFERENCE STATEMENT
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)
15 KING PLAZA CENTER, LLC a Delaware j
16 Limited Liability Company, BUA QUACH, an)
individual, SOVAN LIEN, an individual, )
17 DONG VUONG, an individual, THANH LAI, )
18 and DOES 1 through 10 )
) .
19 Defendants. )
)
20 )
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Case Management and Trial Setting Conference -I Â
1 Defendants Bua Quach, Sovan Lien, Dong Vuong and Thanh Lai (further only "Defendants")
2 respectfully submit its case management and trial setting conference statement.
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Subjects listed in CRC Rule 3.727
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Whether there are any related cases
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6 1. There is a related case. DBP Investments v. King Plaza Center, LLC, et ai., case
7 number 19CIV07118 filed in the Superior Court of the State of California, County of San
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Mateo, on December 3,2019. The action is abated until the conclusion of this matter.
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10 2. Whether all parties named in the complaint or cross-complaint have been served, have
11 appeared, or have been dismissed
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All parties have been served and appeared.
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14 3. Whether any additional parties may be added or the pleadings may be amended
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Defendants do not anticipate any additional parties or amended pleadings.
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17 4. Whether, if the case is a limited civil case, the economic litigation procedures under
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Code of Civil Procedure section 90 et seq. will apply to it or the party intends to bring a motion
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to exempt the case from these procedures
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21 Not applicable.
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5. Whether any other matters (e.g., the bankruptcy of a party) may affect the court's
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jurisdiction or processing of the case
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25 Defendants are unaware of any other matters that would affect this Court's jurisdiction.
26 II
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II
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Case Management and Trial Setting Conference -2Â
1 6. Whether the parties have stipulated to, or the case should be referred to, judicial
2 arbitration in courts having a judicial arbitration program or to any other form of alternative
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dispute resolution (ADR) process and, if so, the date by which the judicial arbitration or other
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ADR process must be completed.
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6 The parties have engaged in significant mediation attempts to resolve this matter. The
7 mediation ended on February I, 2022 without agreement.
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9 7. Whether an early settlement conference should be scheduled and, if so, on what date
10 Defendants do not believe an early settlement conference should be scheduled considering the
11 efforts at ADR that the parties have engaged in.
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13 8. Whether discovery has been completed and, if not, the date by which it will be
14 completed.
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Defendants' position is that, because Plaintiff seeks injunctive relief, expert discovery
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may need to be reopened because of the passage of time relating to the parties' experts on traffic
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18 and parking conditions at the center.
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9. What discovery issues are anticipated?
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21 As mentioned above, if the parties cannot agree on reopening expert discovery, then a
22 motion to permit such discovery may be filed.
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10. Whether the case should be bifurcated or a hearing should be set for a motion to
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25 bifurcate under Code of Civil Procedure section 598
26 Defendants do not believe the case should be bifurcated.
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II
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Case Management and Trial Setting Conference -3Â
1 11. Whether there are any cross-complaints that are not ready to be set for trial and. if
2 so, whether they should be severed
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There are no pending cross-complaints.
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5 12. Whether the case is entitled to any statutory preference and, if so, the statute granting
6 the preference
7 Defendants are unaware of any entitlement to statutory preference.
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9 13. Whether a jury trial is demanded, and, if so, the identity of each party requesting a
10 jury trial
11 The parties have waived a right to jury trial.
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13 14. If the trial date has not been previously set, the date by which the case will be ready
14 for trial and the available trial dates
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The case is ready for trial. Counsel for Defendants is unavailable for the following days
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for trial for the following reasons below: My practice is a solo practice so all dates this attorney
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18 must appear.
19 May 2, 2022 SCO, Trial Setting
20 May 26, 2022 - CMC
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June2,2022 CMC
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July 19,2022 CMC 2x
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24 July 21, 2022 Status of Case.
25 August 4, 2022 Status of case
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August 29, 2022 Mandatory Settlement Conference
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September 28, 2022 - Settlement Conference and Trial
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October 3 - 11, 2022 - Trial
Case Management and Trial Setting Conference -4Â
2 II
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15. The estimated length oftrial
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Defendants anticipate that the length of trial will be 4-5 days.
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6 16. The nature of the injuries
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The First Amended Complaint alleges harm to real property and nuisance.
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9 17. The amount of damages, including any special or punitive damages
10 The First Amended Complaint does not seek damages, only injunctive relief.
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12 18. Any additional relief sought
13 The First Amended Complaint seeks injunctive relief.
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15 19. Whether there are any insurance coverage issues that may affect the resolution of the
,
16 case
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Defendants are unaware of any Insurance coverage Issues that would affect the
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resolution of the case.
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20. Any other matters that should be considered by the court or addressed in itscase
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management order
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Defendants do not have any other matters that the Court needs to consider or address in
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24 its case management order.
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Subjects listed in CRC Rule 3.729
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27 1. The type and subject matter of the action to be tried
28 This is a case about timed parking spaces, and payment of Common Area expenses.
Case Management and Trial Setting Conference -5Â
1 II
2 2. Whether the case has statutory priority
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The case does not have statutory priority.
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5 3. The number of causes of action, cross-actions, and affirmative defenses that will be
6 tried
7 Plaintiff s First Amended Complaint has two causes of action. King Plaza Center's
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Answer has twenty affirmative defenses.
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10 4. Whether any significant amendments to the pleadings have been made recently or are
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likely to be made before trial
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Defendant does not anticipate any significant amendments to the pleadings.
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14 5. Whether the plaintiff intends to bring a motion to amend the complaint to seek
15 punitive damages under Code of Civil Procedure section 425.13
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17 Defendant does not anticipate that Plaintiff will bring a motion to amend to seek
18 punitive damages.
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20 6. The number of parties with separate interests who will be involved in the trial
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There are five defendants. The two causes of action involve separate claims, with the
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nuisance claim largely directed at Defendants Quach, Lien, Vuong and Lai, and 90% of this
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24 contract claim is directed at Co-Defendant King Plaza Center.
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7. The complexity of the issues to be tried, including issues of first impression
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There is complexity only with the fact that the City of Daly City is involved with
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compliance with the pertinent zoning ordinance which requires city approval of the alleged
Case Management and Trial Setting Conference -6Â
I easement agreement, and recording of the alleged easement agreement after city approval,
2 neither of which occurred.
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4 8. Any difficulties in identifying, locating, or serving parties
5 There are no difficulties in identifying, locating, or serving parties.
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7 9. Whether all parties have been served and, if so, the date by which they were served
8 Defendant has been served.
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10 Based upon the proof of service filed with the was served on 2017.
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10. Whether"all parties have appeared in the action and, if so, the date by which they
12 •..:'
'"
13 appeared.
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Defendants appeared by Answer January 12, 2017.
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11. How long the attorneys who will try the case have been involved in the action
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Counsel for King Plaza Center has recently substituted into the case on February 22,2022.
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19 12. The trial date or dates proposed by the parties and their attorneys;
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Counsel for Defendants is unavailable for the following days for trial for the following
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reasons below:
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23 May 2, 2022 - SCQ, Trial Setting
24 May 26, 2022 CMC
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June2,2022 CMC
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July 19,2022 - CMC 2x
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July 21, 2022 Status of Case
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Case Management and Trial Setting Conference -7Â
1 August 4, 2022 - Status of case
2 August 29,2022 Mandatory Settlement Conference
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September 28,2022 Settlement Conference and Trial
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October 3 - 11, 2022 Trial
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6 13. The professional and personal schedules of the parties and their attorneys, including
7 any conflicts with previously assigned trial dates or other significant events
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Defendant refers to item 12 for conflicts.
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10 14. The amount of discovery, if any, that remains to be conducted in the case
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Defendants' position is that, because Plaintiff seeks injunctive relief, expert discovery
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13 may need to be reopened because of the passage oftime relating to the parties' experts on traffic
14 and parking conditions at the center. Other than that, Defendants do not believe any other
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discovery remains to be conducted.
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17 15. The nature and extent of law and motion proceedings anticipated, including whether
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any motions for summary judgment will be filed
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20 If there are any motions, it would be to reopen expert discovery, as referenced in item
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14. Defendants do not anticipate filing any motions for summary judgment.
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23 16. Whether any other actions or proceedings that are pending may affect the case
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25 Defendants are unaware of any other actions or proceedings that are pending that may
26 affect the case.
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17. The amount in controversy and the type of remedy sought
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Case Management and Trial Setting Conference -8Â
1 Plaintiff is only seeking injunctive relief.
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18. The nature and extent of the injuries or damages, including whether these are ready
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4 for determination
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Plaintiff is only seeking inj unctive relief.
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19. The court's trial calendar, including the pendency of other trial dates
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9 Defendants have no comment.
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11 20. Whether the trial will be a jury or a nonjury trial
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The trial will be a nonjury trial.
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21. The anticipated length of trial
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16 Defendants anticipate that the length oftrial will be 4-5 days.
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18 22. The number, availability, and locations of witnesses, including witnesses who reside
19 outside the county, state, or country
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21 Defendants anticipate approximately 10-15 witnesses. Depositions have been taken for
22 the witnesses, so there should not be issues with introducing testimony from witnesses who are
23 unavailable.
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25 23. Whether there have been any previous continuances of the trialor delays in setting
26 the case for trial
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Case Management and Trial Setting Conference - 9Â
1 This case has been delayed numerous times. The case was initially set for trial in 2017.
2 The last time trial was set, April 6, 2020, the trial was continued because of COVID-19.
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4 24. The achievement of a fair, timely, and efficient disposition of the case
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Defendants anticipate that a 4-5 day court trial set near the end of 2022 or beginning of
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7 2023 would promote a fair, timely, and efficient disposition of the case.
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25. Any other factor that would significantly affect the determination ofthe appropriate
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10 date of trial.
11 Defendants are unaware of any other factor that would significantly affect the
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determination of the appropriate date of trial.
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Respectfully Submitted: March 16, 2022
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LAW OFFICE OF JAMES M. BARRETT PLC
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21 James M. Barrett, Esq.
Attorneyfor Defendants Bua Quach, Sovan Lien,
22 Dong Vuong and Thanh Lai
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Case Management and Trial Setting Conference - 10Â
Preview
1 JAMES M. BARRETT, ESQ. (SBN 190274) THE LAW OFFICE OF JAMES M. BARRETT, PLC 2 100 W. EL CAMINO REAL, SUITE 81 MOUNTAIl~ VIEW, CA 94040 3 Phone: (650) 969-3687 4 Fax: (650) 969-3699 Email: JB@JAMESBARRETTLAW.COM 5 Attorney for Defendants Bua Quach, Sovan Lien, Dong Vuong and Thanh Lai 6 7 SUPERIOR COURT OF CALIFORNIA 8 FOR THE CITY AND COUNTY OF SAN MATEO 9 10 11 DBP INVESTMENTS, a California General ) Partnership, ) Case No.: CIV538897 12 ) Plaintiff, ) DEFENDANT'S BUA QUACH ET AL'S 13 ) CASE MANAGEMENT AND TRIAL v. ) SETTING CONFERENCE STATEMENT 14 ) 15 KING PLAZA CENTER, LLC a Delaware j 16 Limited Liability Company, BUA QUACH, an) individual, SOVAN LIEN, an individual, ) 17 DONG VUONG, an individual, THANH LAI, ) 18 and DOES 1 through 10 ) ) . 19 Defendants. ) ) 20 ) 21 22 23 24 25 26 27 28 Case Management and Trial Setting Conference -I  1 Defendants Bua Quach, Sovan Lien, Dong Vuong and Thanh Lai (further only "Defendants") 2 respectfully submit its case management and trial setting conference statement. 3 Subjects listed in CRC Rule 3.727 4 Whether there are any related cases 5 6 1. There is a related case. DBP Investments v. King Plaza Center, LLC, et ai., case 7 number 19CIV07118 filed in the Superior Court of the State of California, County of San 8 Mateo, on December 3,2019. The action is abated until the conclusion of this matter. 9 10 2. Whether all parties named in the complaint or cross-complaint have been served, have 11 appeared, or have been dismissed 12 All parties have been served and appeared. 13 14 3. Whether any additional parties may be added or the pleadings may be amended 15 Defendants do not anticipate any additional parties or amended pleadings. 16 17 4. Whether, if the case is a limited civil case, the economic litigation procedures under 18 Code of Civil Procedure section 90 et seq. will apply to it or the party intends to bring a motion 19 to exempt the case from these procedures 20 21 Not applicable. 22 5. Whether any other matters (e.g., the bankruptcy of a party) may affect the court's 23 jurisdiction or processing of the case 24 25 Defendants are unaware of any other matters that would affect this Court's jurisdiction. 26 II 27 II 28 Case Management and Trial Setting Conference -2 1 6. Whether the parties have stipulated to, or the case should be referred to, judicial 2 arbitration in courts having a judicial arbitration program or to any other form of alternative 3 dispute resolution (ADR) process and, if so, the date by which the judicial arbitration or other 4 ADR process must be completed. 5 6 The parties have engaged in significant mediation attempts to resolve this matter. The 7 mediation ended on February I, 2022 without agreement. 8 9 7. Whether an early settlement conference should be scheduled and, if so, on what date 10 Defendants do not believe an early settlement conference should be scheduled considering the 11 efforts at ADR that the parties have engaged in. 12 13 8. Whether discovery has been completed and, if not, the date by which it will be 14 completed. 15 Defendants' position is that, because Plaintiff seeks injunctive relief, expert discovery 16 may need to be reopened because of the passage of time relating to the parties' experts on traffic 17 18 and parking conditions at the center. 19 9. What discovery issues are anticipated? 20 21 As mentioned above, if the parties cannot agree on reopening expert discovery, then a 22 motion to permit such discovery may be filed. 23 10. Whether the case should be bifurcated or a hearing should be set for a motion to 24 25 bifurcate under Code of Civil Procedure section 598 26 Defendants do not believe the case should be bifurcated. 27 II 28 II Case Management and Trial Setting Conference -3 1 11. Whether there are any cross-complaints that are not ready to be set for trial and. if 2 so, whether they should be severed 3 There are no pending cross-complaints. 4 5 12. Whether the case is entitled to any statutory preference and, if so, the statute granting 6 the preference 7 Defendants are unaware of any entitlement to statutory preference. 8 9 13. Whether a jury trial is demanded, and, if so, the identity of each party requesting a 10 jury trial 11 The parties have waived a right to jury trial. 12 13 14. If the trial date has not been previously set, the date by which the case will be ready 14 for trial and the available trial dates 15 The case is ready for trial. Counsel for Defendants is unavailable for the following days 16 for trial for the following reasons below: My practice is a solo practice so all dates this attorney 17 18 must appear. 19 May 2, 2022 SCO, Trial Setting 20 May 26, 2022 - CMC 21 June2,2022 CMC 22 July 19,2022 CMC 2x 23 24 July 21, 2022 Status of Case. 25 August 4, 2022 Status of case 26 August 29, 2022 Mandatory Settlement Conference 27 September 28, 2022 - Settlement Conference and Trial 28 October 3 - 11, 2022 - Trial Case Management and Trial Setting Conference -4 2 II 3 15. The estimated length oftrial 4 Defendants anticipate that the length of trial will be 4-5 days. 5 6 16. The nature of the injuries 7 The First Amended Complaint alleges harm to real property and nuisance. 8 9 17. The amount of damages, including any special or punitive damages 10 The First Amended Complaint does not seek damages, only injunctive relief. 11 12 18. Any additional relief sought 13 The First Amended Complaint seeks injunctive relief. 14 15 19. Whether there are any insurance coverage issues that may affect the resolution of the , 16 case 17 Defendants are unaware of any Insurance coverage Issues that would affect the 18 resolution of the case. 19 20 20. Any other matters that should be considered by the court or addressed in itscase 21 management order 22 Defendants do not have any other matters that the Court needs to consider or address in 23 24 its case management order. 25 Subjects listed in CRC Rule 3.729 26 27 1. The type and subject matter of the action to be tried 28 This is a case about timed parking spaces, and payment of Common Area expenses. Case Management and Trial Setting Conference -5 1 II 2 2. Whether the case has statutory priority 3 The case does not have statutory priority. 4 5 3. The number of causes of action, cross-actions, and affirmative defenses that will be 6 tried 7 Plaintiff s First Amended Complaint has two causes of action. King Plaza Center's 8 Answer has twenty affirmative defenses. 9 10 4. Whether any significant amendments to the pleadings have been made recently or are 11 likely to be made before trial 12 Defendant does not anticipate any significant amendments to the pleadings. 13 14 5. Whether the plaintiff intends to bring a motion to amend the complaint to seek 15 punitive damages under Code of Civil Procedure section 425.13 16 17 Defendant does not anticipate that Plaintiff will bring a motion to amend to seek 18 punitive damages. 19 20 6. The number of parties with separate interests who will be involved in the trial 21 There are five defendants. The two causes of action involve separate claims, with the 22 nuisance claim largely directed at Defendants Quach, Lien, Vuong and Lai, and 90% of this 23 24 contract claim is directed at Co-Defendant King Plaza Center. 25 7. The complexity of the issues to be tried, including issues of first impression 26 27 There is complexity only with the fact that the City of Daly City is involved with 28 compliance with the pertinent zoning ordinance which requires city approval of the alleged Case Management and Trial Setting Conference -6 I easement agreement, and recording of the alleged easement agreement after city approval, 2 neither of which occurred. 3 4 8. Any difficulties in identifying, locating, or serving parties 5 There are no difficulties in identifying, locating, or serving parties. 6 7 9. Whether all parties have been served and, if so, the date by which they were served 8 Defendant has been served. 9 10 Based upon the proof of service filed with the was served on 2017. 11 10. Whether"all parties have appeared in the action and, if so, the date by which they 12 •..:' '" 13 appeared. 14 Defendants appeared by Answer January 12, 2017. 15 16 11. How long the attorneys who will try the case have been involved in the action 17 Counsel for King Plaza Center has recently substituted into the case on February 22,2022. 18 19 12. The trial date or dates proposed by the parties and their attorneys; 20 Counsel for Defendants is unavailable for the following days for trial for the following 21 reasons below: 22 23 May 2, 2022 - SCQ, Trial Setting 24 May 26, 2022 CMC 25 June2,2022 CMC 26 July 19,2022 - CMC 2x 27 July 21, 2022 Status of Case 28 Case Management and Trial Setting Conference -7 1 August 4, 2022 - Status of case 2 August 29,2022 Mandatory Settlement Conference 3 September 28,2022 Settlement Conference and Trial 4 October 3 - 11, 2022 Trial 5 6 13. The professional and personal schedules of the parties and their attorneys, including 7 any conflicts with previously assigned trial dates or other significant events 8 Defendant refers to item 12 for conflicts. 9 10 14. The amount of discovery, if any, that remains to be conducted in the case 11 Defendants' position is that, because Plaintiff seeks injunctive relief, expert discovery 12 13 may need to be reopened because of the passage oftime relating to the parties' experts on traffic 14 and parking conditions at the center. Other than that, Defendants do not believe any other 15 discovery remains to be conducted. 16 17 15. The nature and extent of law and motion proceedings anticipated, including whether 18 any motions for summary judgment will be filed 19 20 If there are any motions, it would be to reopen expert discovery, as referenced in item 21 14. Defendants do not anticipate filing any motions for summary judgment. 22 23 16. Whether any other actions or proceedings that are pending may affect the case 24 25 Defendants are unaware of any other actions or proceedings that are pending that may 26 affect the case. 27 17. The amount in controversy and the type of remedy sought 28 Case Management and Trial Setting Conference -8 1 Plaintiff is only seeking injunctive relief. 2 18. The nature and extent of the injuries or damages, including whether these are ready 3 4 for determination 5 Plaintiff is only seeking inj unctive relief. 6 7 19. The court's trial calendar, including the pendency of other trial dates 8 9 Defendants have no comment. 10 11 20. Whether the trial will be a jury or a nonjury trial 12 The trial will be a nonjury trial. 13 14 21. The anticipated length of trial 15 16 Defendants anticipate that the length oftrial will be 4-5 days. 17 18 22. The number, availability, and locations of witnesses, including witnesses who reside 19 outside the county, state, or country 20 21 Defendants anticipate approximately 10-15 witnesses. Depositions have been taken for 22 the witnesses, so there should not be issues with introducing testimony from witnesses who are 23 unavailable. 24 25 23. Whether there have been any previous continuances of the trialor delays in setting 26 the case for trial 27 28 Case Management and Trial Setting Conference - 9 1 This case has been delayed numerous times. The case was initially set for trial in 2017. 2 The last time trial was set, April 6, 2020, the trial was continued because of COVID-19. 3 4 24. The achievement of a fair, timely, and efficient disposition of the case 5 Defendants anticipate that a 4-5 day court trial set near the end of 2022 or beginning of 6 7 2023 would promote a fair, timely, and efficient disposition of the case. 8 25. Any other factor that would significantly affect the determination ofthe appropriate 9 10 date of trial. 11 Defendants are unaware of any other factor that would significantly affect the 12 determination of the appropriate date of trial. 13 14 Respectfully Submitted: March 16, 2022 15 16 17 LAW OFFICE OF JAMES M. BARRETT PLC 18 19 20 21 James M. Barrett, Esq. Attorneyfor Defendants Bua Quach, Sovan Lien, 22 Dong Vuong and Thanh Lai 23 24 25 26 27 28 Case Management and Trial Setting Conference - 10Â