Motion Enforce

Cal. Super. - 6th Dist.June 5, 2019

Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/10/2020 5:41 PM Reviewed By: D Harris Case #19CV348643 Envelope: 4740673 19CV348643 Santa Clara - Civil D Harris \DOOflQUl-hwmr-A NNNNNNNNNHHHHHr-AHy-Ir-IH OOQQUl-‘PWNi-‘OKOOONQMAUJNHO ANTHONY F. VENTURA, ESQ, SBN 191 107 aventura@venturahersey. com ALEXANDRIA C. KAVALARIS, ESQ, SBN 273522 akavalaris@venturahersey. com VENTURA HERSEY & MULLER, LLP 1506 Hamilton Avenue San Jose, CA 95125-4539 Telephone: 408.5 12.3022 Facsimile: 408.512.3023 Attorneys for Plaintiffs Joseph Huang and Hsiu-Hua Huang SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JOSEPH HUANG, an individual; and Case N0. 19CV348643 HSIU-HUA HUANG, an individual, PLAINTIFFS’ NOTICE OF MOTION Plaintiffs, AND MOTION TO ENFORCE SETTLEMENT vs. (Pursuant to Code Civ. Proc., § 664.6) FRANK H. LIU, an individual; HONG HAN, also known as MICHELLE HAN, an individual; and DOES 1-50, inclusive, Date: Time: 9:00 AM Defendants. Dept. 8 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: YOU ARE HEREBY NOTIFIED THAT on , at 9:00 a.m., 0r as soon thereafter as the matter may be heard, in Department 8 0f the Santa Clara County Superior Coult, located at 191 N. First Street, San Jose, California 951 13, Plaintiffs Joseph Huang and Hsiu-Hua Huang will move, and hereby d0 move, this Conn for an order enforcing the terms of the parties’ settlement agreement against Defendants Frank H. Liu and Hong Han aka Michelle Han pursuant t0 Code of Civil Procedure section 664.6 and for attorney’s fees and costs for being required t0 enforce the agreement. Plaintiffs move this Court for a Judgment against Defendants Frank H. Liu and Hong Han aka Michelle Han in the principal amount of $15,000, plus an award 0f attorney’s fees and costs in the amount 0f $2,520 for a total judgment amount of $17,520 1 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT 10/06/2020 10/06/2020 \OOOQQM-pLDNr-t NNNNNNNNNHHHHHHb-dr-‘r-AH OOflQUl-PWNP-‘OKOOONQUI-PUJNHO pursuant to Section 8 of the written Settlement Agreement between the parties and in accordance With the procedures provided for under Code of Civil Procedure section 664.6. The motion will be based upon this notice of motion, the accompanying Memorandum of Points and Authorities in Support of Plaintiffs’ Motion t0 Enforce the Settlement, the Declaration of Alexandria C. Kavalaris in support thereof, and on the papers and pleadings 0n file in this action, as well as such other evidence as may be presented at the time of the hearing. Dated: August 10, 2020 VENTURA HERSEY & MULLER, LLP {“3 ,1‘ J g By: ANTHONY F. VENTURA ALEXANDRIA C. KAVALARIS Attorneys for Plaintiffs Joseph Huang and Hsiu-Hua Huang 2 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO ENFORCE Shl lLEMENT KOOOQQUl-PUJNv-t NNNNNNNNNHHHHHHHHHH mumm-PWNHOKOOOQQUI-bwwr-‘O Proof of Service Re: Joseph Huang & Hsiu-Hua Huang v. Frank H. Liu, Hang Han aka Michelle Han, et al. Santa Clara County Superior Court Case N0. 19CV348643 I, Jill M. Huffman, declare I am now and at all times herein mentioned have been over the age 0f 18 years, a citizen 0f the United States, employed in Santa Clara County, California, and not a party t0 the within action 0r cause; my business address is 1506 Hamilton Avenue, San Jose, California 95 125. I am readily familiar with Ventura Hersey & Muller LLP practice for collection and processing of documents for delivery by way 0f the service indicated below. On the date below, I served the following document(s): 1. PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT 2. PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT 3. DECLARATION OF ALEXANDRIA C. KAVALARIS 1N SUPPORT OF PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT Hearing Date Blank. Court t0 set hearing date upon processing offhe papers 0n the interested party(ies) in this action as follows: Maria Relos Attorneys for Defendants Mosaic Law, P.C. Frank H. Liu and 275 Tennant Avenue, Suite 106 Hong Han aka Michelle Han Morgan Hill, CA 95037-5476 Tel. 408.479.2931, Fax: 408.987.6397 mlr@mosaiclawusa.com Frank H. Liu Defendant 1731 Technology Drive, Suite 590 San Jose, CA 951 10-1330 Hong Han aka Michelle Han Defendant 5779 Orvieto Court San Jose, CA 95138-2233 \/ BY ELECTRONIC SERVICE 0n Maria Relos, only at electronic service address above. \/ BY MAIL on the following party(ies) in said action, in accordance with Code 0f Civil Procedure, section 415.30, by placing a true copy thereof enclosed in a sealed envelope addressed as shown below. I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at San Jose, California. I am readily familiar with the firm's practice 0f collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service 0n the same day in the ordinary course of business. I am aware that 0n motion 0f party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing in affidavit. I declare under penalty 0f pteury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n August 10, 2020, at San Jose, California. M Jill M. Huffman PROOF OF SERVICE