Motion Attorney s FeesCal. Super. - 6th Dist.January 30, 2020\OOOQONUI-PUJNI-I NNNNNNNNNh-tb-KHI-kn-th-Ar-IMHr-A OONQUIAUJNi-‘OKOOOQQU‘I-PWNi-‘O Electronically Filed P1111, G V t SBN 132035 . by Superior Court of CA, 1p . ermon , Dominique M. Jacques, SBN 290036 5:37,:glggzsggtg4cfnaa’ RANDICK O’DEA TOOLIATOS . _ ' VERMONT & SARGENT, LLP ' Rev'ewed BY- M V" 5000 Hopyard Road, Suite 225 . case #ZOCV362433 Pleasanton, California 94588 Envelope: 4956290 Telephone: (925) 460-3700 Facsimile: (925) 460-0969 Attorneys for Plaintiff, Stephens & Stephens (Walsh) LLC, a California limited liability company SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA Stephens & Stephens (Walsh) LLC, a Case No.2 20CV362433 California limited liability company, ' NOTICE OF MOTION AND MOTION FOR Plaintiff, ' ATTORNEYS’ FEES AND COSTS VS' - UNLAWFUL DETAINER MiaSole, Ina, a California corporation, MiaSole Hi-Tech Corp., a California Date, 10-28-20 corporation, Hanergy Holdings America T. o 9: 1 5 LLC, Hanergy Holding Group,‘ LTD, and DimiH’ DOES 1 to 25, ePt- 4 Defendants. Action Filed: January 30, 2020 Entry of Judgment: August 19, 2020 _ TO DEFENDANTS MIASOLE, INC., MIASOLE HI-TECH CORP., HANERGY HOLDINGS AMERICA LLC, AND HANERGY HOLDING GROUP, LTD AND THEIR RESPECTIVE ATTORNEYS 0F RECORD: PLEASE TAKE NOTICE that on 10-28-20, 2020 at35:", or as soon thereafter as counsel may be heard in Department‘l‘lffof the Santa Clara Superior Court located at 191 North lst Street, San Jose, CA, Plaintiff Stephens & Stephens (Walsh) LLC, a California limited liability company (“Plaintiff”) Will move the court for an order awarding attorneys’ fees and costs after prevailing on the Judgment filed 0n August 19, 2020, on the grounds that Plaintiff is 1 NOTICE OF MOTION AND MOTION FOR ATTORNEYS’ FEES AND COSTS - CASE NO. 20CV362433 476]92.docx the prevailing party and is entitled to an award of attorneys'ees pursuant to the Judgment and the Lease. The total fees and costs requested by this Motion are $34,285.00. This Motion is based on this Notice of Motion, the Memorandum of Points and Authorities, the Judgment, the Declaration of Phillip G. Vermont, any exhibits filed therewith, the separate Request for Court Judgment and Ex Parte Application to Amend Judgment to add defendants filed concurrently herewith, and on such oral and documentary evidence as may be presented at the hearing. Date: September 18, 2020 OS 10 12 By: tp G. rmont 13 14 15 16 17 18 19 20 21 23 24 25 26 27 NOTICE OF MOTION AND MOTION FOR ATTORNEYS'EES AND COSTS - CASE NO. 20CV362433 476192 69 PROOF OF SERVICE I, Sue Betti, declare: I am employed in Alameda County, State of California, am over the age of eighteen years, and not a party to the within action. My business address is 5000 Hopyard Road, Suite 225, Pleasanton, California 94588, I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service and/or other overnight delivery. Under overnight delivery practice, all mailings are deposited in an authorized area for pick-up by an authorized express service courier the same day it is collected and processed in the ordinary course of business. On the date set forth below, I served the within: NOTICE OF MOTION AND MOTION FOR ATTORNEYS'EES AND COSTS on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: 10 Gary Sullivan, Esq, 1565 The Alameda, Suite 100 San Jose, CA 95126 awsuilivanlaw@amail.corn 12 13 14 15 16 17 18 19 [x] (By U.S. Mail) I caused each such envelope to be served by depositing same, with postage thereon fully prepaid, to be placed in the United States Postal Service in the ordinary course ofbusiness at Pleasanton, Californi. [x] (By Electronic Service) The above-referenced document was served by electronically mailing a true and correct copy through Randick O'Dea Tooliatos Vermont & Sargent, LLP's electronic mail system, to the email addresses set forth as listed above, and in accordance with Federal Rules of Civil Procedure, Rule 5(b). (By E-SERVICE - through One-Legal)[x] I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on September 18, 2020, at Pleasanton, California. 20 21 Sue Betti 22 23 24 25 26 27 28 PROOF OF SERVICE 476192 6 4