Removal to Federal Court

Cal. Super. - 6th Dist.February 4, 2019

Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/25/2019 3:12 PM Reviewed By: S. Uy Case #19CV342278 Envelope: 2805547 fl O\ U\ J> b) [Q GO BRIAN H. SONG, ESQ.#188662 Briansong@$0ngLeeLaw.com INNA NAM, ESQ. #3221 18 Innanam@SongLeeLaw.c0m SONG & LEE, LLP 4633 Old Ironsides Drive, Suite 260 Santa Clara, California 95054 TEL: (408)748-3308; FAX: (408)748-3309 Attorneys for Barun Electronics Co., Ltd. SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY, UNLIMITED JURISDICTION CASE No. 19-CV-342278 DEFENDANT BARUN ELECTRONICS Plaintiff, CO., LTD.’s NOTICE OF FILING OF NOTICE OF REMOVAL SD-3C LLC, a Delaware limited liability company, VS. BARUN ELECTRONICS CO. LTD., a Korean corporation; and DOES 1- 10, Complaint Filed: February 4, 2019 Date of Removal: April 9, 2019 Defendants. .1. Defendant Barun Electronics Co.. Ltd.'s Notice ofFiling 60EE'8VL(80H 3XV:l 5805€'23’L(80H 1131.1. W056 V3 ‘VHV’D V.l.NVS 09E ELLlflS ‘ElAlHG SEIGISNOHI G'IO SEW cITI 'HHT 75’ DNOS A \OOONOU} TO THE CLERK OF SANTA CLARA COURT AND ALL PARTIES: PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1441(a) and 1446, on April 9, 2019, Defendant Barun Electronics Co., Ltd., filed a Notice 0f Removal in the Office of the Clerk of the United States District Court for the Northern District of California (San Jose Division). A filed-stamped copy of the Notice 0f Removal is attached hereto as Exhibit A. Dated: April 252 2019 Respectfully Submitted, SONG & LEE, LLP Brian H. Song, Esq. (CABN 188662) Attorneys for Barun Electronics C0., Ltd. -7- Defendant Barun Electronics Co.. Ltd.’s Notice ofFiling GOES'SVMSOW 3XVJ TSOSE'SVUSOW i'IEIJ. 75056 VD ‘WV'D VlNVS 09E Elms 'HAIHG SEICIISNOHI CI'IO {€917 d'I'I ‘HH’I 78’ DNOS Exhibit A \OOOVQ Case 5:19-cv-01895-SVK Document 1 Filed 04/09/19 Page 1 of 4 SONG & LEE, LLP BRIAN H. SONG, ESQ. (CABN 188662) Briansong@SongLeeLaw. com INNA NAM, ESQ (CABN 3221 18) Innanam@SongLeeLaw. com 4633 Old Ironsides Drive, Ste. 260 Santa Clara, CA 95054 Tel: (408)748-3308; Fax: (408)748-3309 File No. 732 Attorney for Barun Electronics C0,, Ltd. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION) SD-3C LLC, a Delaware limited liability company, Plaintiff vs. BARUN ELECTRONICS C0,, LTD., a Korean corporation, and DOES 1-10 Defendants Case N0.: DEFENDANT BARUN ELECTRONICS CO., LTD.’S NOTICE OF REMOVAL TO FEDERAL COURT PURSUANT TO 28 U.S.C. § 1441 [formerly Superior Coun of California in and for Santa Clara County, Case No. 19CV342278] Complaint Filed: February 4, 2019 Date of Removal: April 8, 20] 9 Defendant Barun Electronics Co.. le.‘ Notice ol‘Removal Io Federal Court Pursuant 10 28 U.S.C. § I441 d'I'l ‘EIEI’I 7? DNOS 0000\10 Case 5:19-cv-01895-SVK Document 1 Filed 04/09/19 Page 2 0f 4 TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, AND ALL PARTIES: PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1332(a)(2) and 1441(b), Defendant Barun Electronics Co., Ltd (“Defendant” or “BARUN”) removes to this Court based 0n diversity jurisdiction the following state court action: SD-3C LLC v. Barun Electronics Co.. Ltd., Superior Court 0f California in and for Santa Clara County case number, 19CV342278. Plaintiff SD-3C LLC (“Plaintiff’ or “SD3C”) commenced this Action in the said Superior Court on February 4, 2019, filing a Complaint alleging First Cause 0f Action in Breach of Settlement Agreement and Second Cause of Action in Breach of Card License Agreement. BARUN hereby provides this Notice of Removal. BARUN submits the following statements in support 0f this Removal: 1. COMPLETE DIVERSITY EXISTS Complete diversity of citizenship exists because Plaintiff, is and was at the time 0f filing the Complaint, a Delaware corporation (Complaint, 111), and the defendant, is and was at the time of filing the Complaint, a Korean corporation with its principal place 0f business in South Korea (Complaint, 1X2). Accordingly, pursuant to 28 U.S.C. §1332(a), the requirement of diverse citizenship is met. 2. AMOUNT IN CONTROVERSY EXCEEDS $75,000 The Complaint alleges claims for relief and arises under common law breach of contract (licensing agreement) for damages that exceed the jurisdictional requirement of $75,000 dollars, exclusive of interests and costs. See Complaint, Prayers for relief A & B (“On the first cause of action, for damages of $1,815,750. On the second cause of action, for damages of$l,317,000"). See also Dart Cherokee Basin Operating Company v. Owens, 135 S. Ct. 547, 554 (2014) (“a defendant’s notice of removal need to include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold”). As such, BARUN satisfied the requirement 0f amount in controversy pursuant t0 28 U.S.C. §1332(b). 3. NO OTHER DEFENDANTS NEED TO JOIN IN REMOVAL -2- Defendant Barun Electronics Co.. le.’ Notice ol‘Rcmoval lo l-‘cdcral Court Pursuant Io 28 U.S.C. § I441 d'n ‘Elsrl 7g {)Nos [Q b) Case 5:19-cv-01895-SVK Document 1 Filed 04/09/19 Page 3 of 4 BARUN is the only named defendant in the Complaint. See Summons issued 0n February 4, 2019. Although Plaintiff has asserted claims against DOE defendants, for purpose of removal “the citizenship 0f defendants sued under fictitious names shall be disregarded.” 28 U.S.C. §1441(b)(1). 4. REMOVAL IS TIMELY This notice ofremoval is timely under 28 U.S.C. § 1446(b) and Fed. R. Civ. P. 6(a) because the Summons and Complaint were served upon BARUN’s counsel 0n March 15, 2019, which is the date of Notice and Acknowledgement of Receipt. This notice 0f removal is filed 0n April 8, 201 9 - less than 3O days after the date 0f service of the Summons and Complaint. Consequently, this removal petition is timely filed. Defendant BARUN has not yet filed an answer or otherwise responded t0 Plaintiff‘s Complaint in the State Court Action. 5. VENUE IS PROPER Venue in this Court is proper pursuant t0 28 U.S.C. § 1441(a) because this is the district that embraces the county (Santa Clara) in which Plaintiff filed the State Court Action. 6. OTHER PROCEDURAL REQUIREMENTS SATISFIED Pursuant t0 28 U.S.C. § 1446(d), Defendant BARUN is filing this notice 0f removal with this Court. Written notice of the removal of this action will be filed with the Clerk of Santa Clara Court and served on Plaintiff’s counsel. Pursuant t0 28 U.S.C. § 1446(a), a copy of all process, pleadings, and orders served upon or by Defendant BARUN in the State Court Action, including the Summons and Complaint, are attached hereto as Exhibit 1. 7. RESERVATION OF RIGHTS BARUN denies allegations contained in Plaintiff’s Complaint and files this Notice 0f Removal without waiving any of its defenses. objections, exceptions, 0r obligations that exist in either state or federal court. -3- Defendant Barun Electronics Co.. Ltd.‘ Notice ofRemoval to Federal Coun Pursuant 10 28 U.S.C. § l44l dT] ‘f-JEI'I 78 DNOS k) Case 5:19-cv~01895-SVK Document 1 Filed 04/09/19 Page 4 of 4 Furthermore, in making the allegations in the Notice of Removal, BARUN does not concede in any way that the allegations in the Complaint are accurate, that Plaintiff has asserted claims upon which relief can be granted, 0r that recovery of any of the amounts sought is authorized or valid. BARUN also reserves the right to amend or supplement this Notice 0f Removal. If the propriety of the removal ofthis Action is questioned, BARUN expressly requests the opportunity to present any such further evidence as necessary to support its position that this Action is removable. For at least the reasons stated above, BARUN removes this Action, Civil Case No. 19CV342278, pending in Superior Court of California, County of Santa Clara, t0 this Court. BARUN respectfully requests that this Court assume jurisdiction over this matter and grant BARUN such other and further relief as this Court deems just and proper. /// Dated: April 8, 2019 SONG & LEE, LLP wnm Brian H. Song (SBN 188662) Attorneys for Defendant Barun Electronics Co., Ltd. -4- [)cfcndam Barun Electronics Co.. Ltd.” Notice ochmoval l0 Federal Court Pursuant Io 28 U.S.C. § 1441 d'I'I ‘HEI'I 75) DNos Case 5:19-cv-01895-SVK Document 1-1 Filed 04/09/19 Page 1 of 8 Exhibit 1 152236101 ._.X OOWNOU‘ILMN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:19-cv-01895-SVK Document 1-1 Filed 04/09/19 Page 2 0f 8 E-FILED 2/4/2019 4:08 PM Clerk of Court HANSON BRIDGETT LLP Superior Court of CA, NANCY J. NEWMAN, SBN 111878 KAYLEN KADOTANI, SBN 2941 14 $353235?” C'ara kkadotani@hansonbridgettcom 425 Market Street, 26th Floor San Francisco, California 94105 Telephone: (415)777-3200 Facsimile: (41 5) 541-9366 Reviewed By: R. Tien Attorneys for Plaintiff SD-3C LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED CIVIL JURISDICTION SD-BC LLC, a Delaware limited liability Case No. 19CV342278 company, COMPLAINT FOR DAMAGES FOR Plaintiff, BREACH OF TECHNOLOGY LICENSE AGREEMENTS V. BARUN ELECTRONICS CO., LTD., a Korean corporation; and DOES 1 through 20. inclusive, Defendants. Plaintiff, SD-3C LLC ("Plaintiff“), alleges: FIRST CAUSE OF ACTION [Breach of Settlement Agreement] 1. Plaintiff is a Delaware limited liability company, and a duly authorized licensor of SD Memory Card technology. 2. Defendant BARUN ELECTRONICS CO., LTD. (”Barun") is a foreign corporation, formed and existing under the laws ofthe Republic of Korea. 3. On or about November 6, 2006. Plaintiff, as Licensor, and Barun. as Licensee, entered into an Amended and Restated SD Memory Card License Agreement -1- COMPLAINT FOR DAMAGES FOR BREACH OF TECHNOLOGY LICENSE AGREEMENTS 15223610.1 omm'flmO‘l-bwlvé NNNNNNNNNQ-LJAAAA-xA-x memAWN-‘OCOWNQOWAOJNA Case 5:19-cv-01895-SVK Document 1-1 Filed 04/09/19 Page 3 0f 8 ("CLA"), which granted Barun a non-exclusive license for certain intellectual property rights relating to the manufacture and sale of SD and micro SD memory cards, and other rights belonging to or licensable by Plaintiff. The CLA had an original expiration date of November 8, 2016, but was extended by agreement through November 8, 2017, and then further extended through November 8, 2018. 4. Plaintiff does not know the true names and capacities of the defendants sued herein as DOES 1 through 20. and therefore sues those defendants by such fictitious names. Plaintiff is informed, believes, and thereon alleges that each of said fictitiousiy-named doe defendants. is responsible in some manner for the damages alleged in this complaint. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. The Doe defendants and Barun shall be collectively referred to herein as "Defendants." 5. Under the terms of the CLA, Defendants agreed to fully, accurately, and timely report their quarterly sales of products covered by the CLA, to pay to Plaintiff the royalty amounts required by the CLA on such sales. to maintain detailed and accurate books and records with respect to such sales and payments, and to permit Plaintiff to periodically inspect Defendants' books and records as to such sales and payments. 6. After the CLA expired, Defendants continued to make, sell, and export products utilizing Plaintiff‘s protected intelIectuaI property when it was not licensed to do so. Further, as a result of an inspection of Defendants' books. Plaintiff discovered that Defendants owed over $4.4 million for under-reported or unreported royalties due for the period of January 1, 2013 through June 30, 2017, plus interest and audit fees as provided in the CLA. 7. On July 30, 2018. the parties entered into a Confidential Settlement and Mutual Release Agreement ("CSMRA"), under which Defendants agreed to pay Plaintiff a compromised amount of the sum discovered to be due through June 30, 2017. After some payments were made. the parties entered into a First Amendment to the CSMRA on or about October 23, 2018. This amendment accounted for payments made under the -2- COMPLAINT FOR DAMAGES FOR BREACH OF TECHNOLOGY LICENSE AGREEMENTS 152236101 A O(Omflmm-hwk) Case 5:19-cv-01895-SVK Document 1-1 Filed 04/09/19 Page 4 0f 8 CSMRA and additional amounts owed by Defendants through June 30, 2018, and required Defendants to pay Plaintiff the total sum of $3,000,000 consisting of an initial payment of $1 200,000 by October 19, 2018 and a second payment of $1 ,800,000 principal plus $15,750 in interest by January 15, 2019. 8. Defendants made the first payment of $1 200,000, but breached the CSMRA as amended by failing to make the final payment due on January 15, 2019. 9. Under the CSMRA as amended, in the event of a default, Plaintiff is entitled to immediately terminate the agreement and the extension ofthe CLA, and to seek all remedies at law or equity to recover the amounts under the CSMRA and any other amounts due, plus legal fees. 10. As a result of Defendants' default and breach, on or about January 17, 2019, Plaintiff sent Defendants a written notice, terminating the CLA as 0f that date. 11. Plaintiff‘s damages resulting from Defendants‘ breach ofthe amended CSMRA total $1 .815,750. SECOND CAUSE OF ACTION [Breach of the CLA] 12. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1 through 11 above as if fully set forth. 13. Separate and apart from the amounts due under the CSMRA as amended. Plaintiff is informed and believes that Defendants owe or soon will owe Plaintiff additional royalties under the CLA, not accounted for in the CSMRA as amended, through the effective date of the termination ofthe CLA, consisting of: (i) fourth quarter of 2018 royalties, in the estimated sum of $462,000; (ii) additional amounts owed for under- reporting of royalties due for the second through fourth quarters of 2018, in the estimated sum of $525,000, (iii) royalties owed for January 1 through 17, 2019 (the date ofthe termination of the license), in the estimated sum of $1 10,000. and (iv) additional royalties owed due to Defendants‘ continuing to sell licensed products after the termination of the license, in the estimated sum of $220,000. -3- COMPLAINT FOR DAMAGES FOR BREACH OF TECHNOLOGY LICENSE AGREEMENTS 152236101 OCOWNOUVAOJNA NNNNNNNNNAAAAAAAAAA ®\l0301#(flN-*OCOWNOUU‘IAOON-‘ Case 5:19-cv-01895-SVK Document 1-1 Filed 04/09/19 Page 5 of 8 14. The sum of these additional estimated amounts recoverable under the CLA is $1 ,317,000. Based on Defendants’ breaches and failure to comply with their obligations under the CLA, Plaintiff is informed and believes it has been damaged in this additional estimated sum. WHEREFORE, Plaintiff prays forjudgment against Defendants, and each ofthem, jointly and severally, as follows: A. On the first cause of action, for damages of $1 ,815,750; B. On the second cause of action, for damages of $1 317,000; C. For interest; D. For costs; E. For attorneys' fees; and F. For such other and further relief as the Court deems just and proper. DATED: February 4, 2019 HANSON BRIDGETT LLP NANCY J. NEWMAN KAYLEN KADOTANI z? By: Kaylen Kadotani Attorneys for Plaintiff SD-3C LLC -4- COMPLAINT FOR DAMAGES FOR BREACH OF TECHNOLOGY LlCENSE AGREEMENTS Case 5:19-cv-01895-SVK Document l-l Filed 04/09/19 Page 6 0f 8 POS-015 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Namo‘ Stale Earnumbor. and address): FOR COURT USE ONLY __Nancy Newman, SBN 111878; Kaylen Kadotani, SBN 294114 Hanson Bridgett LLP 425 Market Street. 26th Fl. San Francisco, CA 941 05 TELEPHONE N0: 41 5-777-3200 FAX No. (onyonan. E-MAILADUREsswpnonav: kkadotani@hansonbridgettcom moamsv FOR (Name): Plaintiff SD-3C LLC SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS 191 N. 1st Street MAILING ADDRESS cm AND sz cone: San Jose, CA 951 13 BRANCH NAME Downtown Superior Coun PLAINTIFF/PETITIONER: SD-3C LLC DEFENDANT/RESPONDENT: BARUN ELECTRONICS CO., LTD. CASE NUMBER, NOTICE AND ACKNOWLEDGMENT OF RECEIPT-CIVIL 1QCV342278 Barun Electronics Co.. Ltd. TO (insen‘ name ofpan‘y being served): (c/o Brian Song. Esq.. counsel for Barun Electronics Co., Ltd.) 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 liabiIity 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 sign the acknowledgment of receipt below. Date of mailing: March 13, 2019 % . Kaylen Kadotani (TYPE OR PRINT NAME) (SIGNATURE OF SENDER-MUST NOT BE A PARTY IN THIS CASE) ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of (to be completed by sender before mailing): 1. E A copy of the summons and of the compIaint. 2. E Other (specify): Civil Lawsuit Notice (To be completed by recipient): Datethisformis signed: 5 f IF/ 70,7 fi/ VVV‘fir Ian SW ’ & TYPE OR PRINT YOUR NAME A D NAME 0F ENTITY, IF ANY. (SIGNATURE OF PERSON ACKNOWLEDGING RECEIVE WITH TITLE IF ON WHOSE BEHALF S FORM IS SIGNED) ACKNOWLEDGMENT IS MADE CN BEHALF OF ANOTHER PERSON OR ENTITY) Page1 011 Form Adopted tar Monastery sa ___ Coda o1 Civil Procedue,MM Coma. o, cmmm NOTICE AND ACKNOWLEDGMENT OF RECEIPT CIVIL §§ 415.30. “mo POS-ms [Rem January 1. 2005] www.couflmfacagov Wan LagnlNol. Inn www.USCouIFom.wm Case 5:19-cv-01895-SVK Document 1-1 Filed 04/09/19 Page 7 of 8 SUM-1 00 SUMMONS (50LS°;§§2‘L'§2‘§§&"ESME; (CITACION JUDICIAL) NOTICE T0 DEFENDANT: (A VIso AL DEMANDADO): E-FILED BARUN ELECTRONICS CO.. LTD.. a Korean corporation; and DOES 1 through 2/4/201 9 4308 PM 20' '“C'US’Ve Clerk of Court You ARE BEING SUED BY PLAINTIFF: SUF’er'Or court 0f CA' (Lo ESTA DEMANDANDO EL DEMANDANTE): County 0f Santa Clara SD-3C LLC. a Delaware limited liability company 19CV342278 Reviewed By: R. Tien anplnpp' 947041 7 NOTICE! You have been sued. The coun may decode 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 m file a written response at this coun 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 lhe coun to hear your case. There may be a court form lhal you can use for your response. You can find these court terms and more informalion at lhe California Courts Online SeIf-Help Center (wwwcourrinfo.ca.gov/selfhelp), your county law library. or the courthouse nearest you. 1f you cannot pay the filing fee. ask the court clerk for a fee waiver form. If you do not file your response on lime. you may lose the case by default. and your wages. money. and property may be taken wilhout further warning from the court. There are other legal requirements. You may want lo call an attorney right away. If you do not know an allomey. you may want to call an atlomey referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprom legal setvices program. You can locate these nonprofit groups at the California Legal Services Web site (mvaawhe/pcalifomia.org), the Caiifornia Courts Online Self-Help Cenler (mmvcouninlolcagov/sellhelp), 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 510.000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. ,‘A VISOI Lo han demandado. Si no responde dentro de 30 dlas, Ia code puede decidir en su contra sin escuchar su versién. Lea Ia informacién a continuacmn Tiene 30 DIAS DE CALENDARIO después de que Ie entreguen esra citacidn y papeles legales para presentar una respuesla par escrito en esla cone y hacer qua se entregue una copia aI demandanle. Una cana o una llamada telelénica no Io prozegen‘ Su respuesta par escriro tiene que esrar en formato legal correcto si desea que procesen su caso en Ia cone. Es posible que haya un (ormulan‘o que usted pueda usar para su respuesla. Puede encomrar eslos Ion‘nulan‘os de la cone y mas informacién en el Centro de Ayuda de las Cortes de California (mw:.sucone.ca.gov), en Ia biblioleca de Ieyes de su condado a en Ia corte que Ie quede ma‘s cerca‘ Si no puede pagarla cuota de presentacién, pida al secretan'o de Ia corte que Ie dé un formulan'o de exenCIOn de pago de cuotas. Si no presen!a su respuesta a liempo. puede perder el caso por incumplimienro y Ia cone Ie podra quitar su sueldo, dinero y bienes sin mas adveriencia. Hay otros requisiros legales. Es recomendable que Ilame a un abogado inmediatamente. Si no conoce a un abogado, puede llamara un servicio de remisién a abagados. Si no puede pagar a un abogado, es posible que cumpla con Ios requisites para obtener servicios Iegales gratuuos de un programa de servicios Iegales sin fines de Iucro. Puede encontrar esros grupos sin fines de Iucro en eI sm’o web de California Legal Sen/ices. (www.Iawhelpcalilornia.org), en el Centro de Ayuda de Ias Cortes de California. (www.sucone.ca.gov) o poniéndose en contacro con Ia cone o el colegio de abogados locales. AVISO: Por ley, (a cone tiene derecho a reclamar Ias cuotas y Ios coslos exenros par imponer un giavamen sabre cualquier recuperacién de 310.000 d mas de valor recibida mediame un acuerdo o una concesion de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de Ia cone antes de que Ia cone pueda desechar el caso. The name and address of the coun is: C555 NUMBER (El nombre y direccién de la code es): ‘Numm d" CM) 19CV342278 Santa Clara Superior Court 191 N. 1st Street San Jose. CA 95113 The name, address, and telephone number of plaintiffs attorney. or plaintiff without an attorney. is: (El nombre, Ia direccién y el namero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): Nancy J. Newman/ Kaylen Kadotani Hanson Bridgett LLP 425 Market Street, 26th Floor, San Francisco, CA 94105 (415) 777-3200 , DATE 2/4/201 9 4:08 PM Clerk of Court Clerk. by R. Tien .Deputy {Fecha} (Secretario) (Adjunto) (For proof of service of this summons. use Proof of Service of Summons (form POS-010).) (Para prueb_ag£_entrega de esta citaflén use el formulario Proof of Service of Summons, (POS-010)). ' ' NOTICE To THE PERSON SERVED: You are served 1. D as an individual defendant. 2. E] as the person sued under the fictitious name of (specify) 3. on behaif of (specify): Barun Electronics Co.. Ltd. under: Q CCP 416.10 (corporation) D CCP 416.60 (minor) D ccp 416.20 (defunct corporation) D CCP 416.70 (conservatee) D CCP 416.40 (association or partnership) D CCP 416.90 (authorized person) D other (specify): 4. D by personal delivery on (date): Page 1 o! 1 Fcnn Adorned tor Mandamry Use , Code of CM! Procedure 55 412.20. 465 Judmm Comm DYCamoma SUMMONS American Legaan, Inc. Wimvcoumnmcaigm SUM-‘lCG §Rev. July 1. 2009] wmfcmlsWorkflow/‘com Case 5:19-cv-01895-SVK Document 1-1 Filed 04/09/19 Page 8 of 8 ATTACHMENT cv-5o12 CIVIL LAWSUIT NOTICE Superior Court of Califomia, County of Santa Clara CASE NUMBER: 191 North First St, San José, CA 95113 190V342278 PLEASE READ THIS ENTIRE FORM PLAINTIFF (the person suing): Within 60 days after filing the lawsuit, you must serve each Defendant with the Complaint, Summons, an Alternative Dispute Resolution (ADR) Information Sheet. and a copy of this Civil Lawsuit Notice, and you must file written proof of such service. DEFENDANT(The person sued): You must do each of the following to protect your rights: You must file a written response to the Complaint, using the properlega/ form or format. in the Clerk's Office of the Court, within 30 days of the date you were served with the Summons and Complaint, You must serve by mail a copy of your written response on the Plaintiff‘s attorney or on the Plaintiff if Plaintiff has no attorney (to “serve by mail" means to have an adult other than yourself mail a copy): and You must attend the first Case Management Conference. Warning: If you, as the Defendant, do not followthese instructions, you may automatically lose this case. RULES AND FORMS: You must follow the California Rules of Court and the Superior Court of California, County of <_CountyName_> Local Civil Rules and use properforms. You can obtain legal information. view the rules and receive forms, free of charge, from the Self-Help Center at 201 Nonh Firs! Street. San José (408-882-2900 x-2926). - State Rules and Judicial Council Forms: www.courtinfo.ca.qov/forms and www.courtinfo.ca.qov/rules I Local Rules and Forms: http:I/www.sccsuperiorcouH.0rq/civil/rule1toc.htm CASE MANAGEMENT CONFEILENCE (CMC): You must meet with the other parties and discuss the case, in person or by telephone at least 30 calendar days before the CMC. You must also fill out. file and serve a Case Management Statement (Judicial Council form CM-1 10) at least 15 calendar days before the CMC. You or your attorney must appear at the CMC. You may ask to appear by telephone - see Local Civil Rule 8. _ Pierce, Mark H 2 Your Case Management Judge ls: Department: The 15‘ CMC is scheduled for: (Completed by Clerk of Court) Date: 5’21/201 9 Time: 3345 PM in Department: 2 The next CMC is scheduled for: (Completed by party if the 15‘ CMC was continued or has passed) Date: Time: in Department: ALTERNATIVE DISPUTEESOLUTION (ADR): If all parties have appeared and filed a completed ADR Stipulation Form (local form CV-5008) at least 15 days before the CMC, the Court will cancel the CMC and mail notice of an ADR Status Conference. Visit the Court’s website at www.sccsuperiorcourmrq/civH/ADR/ or call the ADR Administrator (408-882-2100 x-2530) for a list of ADR providers and their qualifications, services, and fees. WARNING: Sanctions may be imposed if you do not follow the California Rules of Court or the Local Rules of Conn. cv-so12 REV 03/01/16 CIVIL LAWSUIT NOTICE Page1 on Ix) Case Name: SD-3C LLC v. Barun Electronics Co., Ltd. Case N0.: 19-CV-342278 PROOF OF SERVICE - CCP 101 1, 1013a, 2015.5 I certify and declare as follows: I am over the age 0f 18 years, and not a party to this action. My business address is SONG & LEE, LLP, at 4633 Old Ironsides Drive, Suite 260, Santa Clara, California 95054, which is located in the County where the mailing described below took place: On April 25, 2019, I served the foregoing document described as follows: Defendant Barun Electronics C0., Ltd.’s Notice of Filing of Notice 0f Removal on the interested parties in this action by serving: Kaylen Kadotani, Esq. Hanson Bridgett, LLP 425 Market Street, 26th Floor San Francisco, California 94105 On the parties in this action, by the following means: \/ (By U.S. Mail) I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course 0f business. I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on April 25, 2019 in Santa Clara, California. Rachel Han -l’r00f 0f Service- Dcfcndam Barun Electronics Co.. le.‘s Notice ol‘I-‘illing 092 guns "m saaISNom mo Em cITI ‘33"1 75’ DNOS 60€€'8t’l.(80t7) 3XVJ :SOSE'SVUSOH S'IELl. VCOCO V3 WV D VJ NVS