Stipulation and Order ADR

Cal. Super. - 6th Dist.February 6, 2018

ATTORNEY OR PARTY WITHOUT AN ATTORNEY (NAME AND ADDRESS) Kathryn C. Klaus, Esq., SBN: 205923 Coddington, Hicks & Danforth 555 Twin DolphIn Drive, Suite 300 Redwood City, CA 94065 TELEPHONE NUMBER: 650-592-5400 ATTACHMENT CV-5008 FOR COURT USE ONI. Y ATTORNEY FOR (Neme): Defenqant Ngook Kong r5UPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA I - STREET ADDRESS: 191 North First Street, San Jose, CA 95113 I MAILING ADDRESS: ' I CITY AND ZIP CODE: BRANCH NAME: I PLAINTIFF: Lucinda Avila I I DEFENDANT: Ngook Kong CASE NUMBER: ADR STIPULATION AND ORDER 18CV323179 1. Pursuant to Califomia Rule of Court 3.221(a)(4), the parties and their attorneys stipulate that aU parties in this action have appeared, and the claims in this action shall be submitted to the following altemative dispute resolution process: a. (!] Mediation pursuant to Local Civil Rule 20 b. 0 Neutral Evaluation pursuant to Local Civil Rule 20 c. 0 Referee/Special Master d. 0 Early Settlement Conference pursuant to Local Civil Rule 4. i. D Rule 4 neutral has signed this stipulation below, agreeing to take this case. e. 0 Binding Arbitration f. D Non-binding Judicial Arbitration pursuant to CCP §1141.10 et seq., CRC 3.810 et seq. and Local Civil Rule 5. I. 0 Discovery will remain open until 30 days before trial. g. 0 Other:..",.....,. __ ~~_~_~ ____________________ _ 2. It is also stipulated that._B_i_II_G_8_V_I" ________ (name of individual neutral, not organization) shall serve as mediator place on April=eL 2019 (neutral function/process) and that the session will take (enter a FIRM date) at (time). 3. This stipulation 0 changes a previously set court hearing date (filing fee required per court fee schedule). 'M~ lc;t !;ZI does not change a previously set court hearing date. Date: Felsr~81') _, 2019, Bill Gavin (NEUTRAL: Type or Print Name) Kathryn C • Klaus (Type or Print Name) Eileen Rech Simon (Type or Print Name) (Type or Print Name) (Signature) (Attach Additional Signature Pages if Necessary) ORDER ON REVERSE SIDE CV-5008 REV 07101/18 For Mandatory Use - -- -",,-- ADR STIPULATION AND ORDER Page 1 of2 on 3/26/2019 2:29 PM Reviewed By: A. Floresca Case #18CV323179 Envelope: 2673531 Filed April 9, 2019 County of Santa Clara Superior Court of CA Clerk of the Court 18CV323179 By: svera ATTACHMENT CV-5008 PLAINTIFF: Lucinda Avila DEFENDANT: Ngook Kong CASE NUMBER: 18CV323179 IT IS ORDERED: 4. a. The 0 Case Management Conference 0 ADR Status Review 0 Trial Setting Conference o Case Status Review re: _________ ~=~~~~_~~ ____ ~~ __ currently set for _ _ _ _ _ _ , 20 __ , at. ___ 0 AM 0 PM in Department __ is hereby vacated. b. 0 ADR Status Rev·jew c. 0 Case Status Review re: _______________ ~ _ _____ ________ _ d. 0 Trial Setting Conference following ADR Review 0 ______________ _ Is set for ______ , 20 ___ , at ___ 0 AM 0 PM in Department _____ _ 5. 0 Judicial Arbitration Order Review Hearing will be set by notice upon assignment of the arbitrator. Date: _________ _ CV·50oa REV 07101/18 For MandatOI}' Use Judicial Officer of the Superior Court ADR STIPULATION AND ORDER Page20f 2 Signed: 3/28/2019 04:23 PM 1 2 3 4 5 6 7 r 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 '"'~ L./ 28 II II PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5 (b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is Eva@chdlawyers.com. I aiTI readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On March 26, 2019, I served a copy of each of the documents listed below by placing said copies for processing as indicated herein. ADR STIPULATION AND ORDER X United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages; on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of Dusiness. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsirnile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 1 2 3 4 5 6 7 8 9 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/ or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or oroceeding in which it is flied, in the manner provided in California Rule of Court Rute 2.257 (a). Federal. The recipient of this electronic service has consented to trjs method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: Ersa Jung, Esq. 10 Eileen Simon, Esq. Law Offices of Ersa Jung 11 1288 Kifer Road, Suite 209 Sunnyvale, CA 94086 12 13 14 15 16 17 20 Teleph?ne: Facsimile: E-mail: (408) 556-0300 (408) 556-0310 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that tl-Js declaration was executed on Ivfarch 26, 2019. EOli~ va ve1!a Court: Superior Court of California, Santa Clara Counry 21 Action No: 18CV323179 22 23 24 25 I 26 27 28 Case Name: Avila v. Kong