Motion Summary JudgmentCal. Super. - 6th Dist.January 30, 2020Phillip G, Vermont, SBN 132035 Dominique Jacques, SBN 290036 RANDICK O'DEA TOOLIATOS VERMONT 486 SARGENT) LLP 5000 Hopyard Road, Suite 225 Pleasanton, California 94588 Telephone: (925) 460-3700 Facsimile: (925) 460-0969 Attorneys for Plaintiff, First Point Oakmead LLC, a Delaware limited liability company, 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA ll 12 13 14 15 16 17 18 19 First Point Oakmead LLC, a Delaware limited liability company, Plaintiff, vs. MiaSole, a California corporation, MiaSole Hi-Tech Corp., a California corporation, and DOES I to 25, Defendants. Case No.: 20CV362450 NOTICE OF MOTION AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [UNLAWFUL DETAINER - COMMERCIAL] Date: August 6, 2020 Time: 9:15 a.m. Dept: 11 Trial Date: August 6, 2020 20 21 22 23 25 26 27 28 PLEASE TAKE NOTICE that on August 6, 2020, at 9:15 a.m. or as soon thereafter as the matter may be heard in Department 11 of the Santa Clara County Superior Court, Downtown Courthouse, located at 191 North First Street, San Jose, CA 95113, plaintiffFirst Point Oakmead LLC, a Delaware limited liability company, will and hereby does move the court under Code of Civil Procedure sections 1170.7 and 437c for an order that summary judgment be entered in favor of this plaintiff and against defendant, MiaSole Hi-Tech Corp., a California corporation. The grounds for issuance of this order are that no triable issue exists for any material fact in this case; plaintiff is entitled to a judgment as a matter of law. NOTICE OF MOTION AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - CASE NO. 20CV362450 4)4166 dccx Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/6/2020 11:18 AM Reviewed By: Y. Chavez Case #20CV362450 Envelope: 4552151 20CV362450 Santa Clara - Civil Y. Chavez First Point Oakmead LLC is entitled to $689,560.06 in past due rent and $ 1,919,930.12 in holdover damages, totaling $2,609,490,18. This motion is based on the attached documents and exhibits, including the Separate Statement ofUndisputed Material Facts; the Declarations of Phillip G, Vermont and Tamra Gaspar and attachments thereto,'he Complaint; the supporting memorandum and any evidence received at the hearing, 10 Date: June 10, 2020 RAND VERM t 12 13 By ~P'p(Y.J t 14 15 16 17 18 20 21 22 23 24 25 26 27 NOTICE OF MOTION AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - CASE NO. 20CU362450 dddldddrex 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 ofbusiness. On the date set forth below, I served the within: NOTICE OF MOTION AND PLAINTIFFcs MOTION FOR SUMMARY JUDGMENT 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 Email: zwsullivanlawSdzmaiLcom 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attorneyfor Defendant MiaSole Hi-Tech Corp. [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 of business at Pleasanton, California. [] (By Facsimile) The above-referenced document(s) was transmitted by facsimile transmission to the number(s) shown and the transmission was reported as complete and without error. I caused the transmitting facsimile machine to issue properly a transmission report, a copy of which is attached to this Declaration. [ ] (By Overnight Delivery) I caused each such envelope to be served by depositing same in an authorized area for pick-up by an authorized express service courier (UPS Overnight) the same day it is collected and processed in the ordinary course of business . (By Personal Service) I caused each such envelope to be delivered by hand to the persons named above. [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). I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on July 6, 2020, at Pleasanton, California. 26 27 Sue Betti 28 PROOF OF SERVICE 464166 dccx