Order Ex ParteCal. Super. - 6th Dist.January 30, 2020_ Reviewed By: S. Vera KOOOQONLh-hUJNr-A NNNNNNNNNr-II-tI-In-In-nn-Iv-tn-It-Ip-I OO‘JG‘J‘IAU’NHOKOW‘JQM-PWNF‘O on 6/26/2020 11:53 AM Envelope: 451 5500 Phillip G. Vermont, SBN 132035 Dominique Jacques, SBN 290036 RANDICK O’DEA TOOLIATOS VERMONT & 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, I SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA First Point Oakmead LLC, a Delaware Case No.: 20CV362450 limited liability company, ORDER GRANTING Plaintiff, PLAINTIFF’S EX PARTE APPLICATION TO HAVE MOTION FOR SUMMARY vs. ‘ JUDGMENT HEARD FOR PRE-COVID-19 UNLAWFUL DETAINER MiaSole, a California corporation, ' MiaSole Hi-Tech Corp., a California [UNLAWFUL DETAINER - corporation, and DOES 1 to 25, - COMMERCIAL] Defendants. Filing Date: _ January 30, 2020 Original Trial Date: March l9, 2020 Continued Trial Date: June 11, 2020 Continued Trial Date again: August 6, 2020 After full consideration of the Ex Parte Application, supporting papers, and evidence and the separate statements, argument, evidence and authorities submitted by the parties, the Court finding GOOD CAUSE appearing by the Ex Parte Application, and based on the facts and circumstances demonstrated therein, HEREBY ORDERS as follows: 1. Plaintiff’s Motion for Summary Judgment shall be heard on 3-5 , 2020/ at 9:15am. in department 11. 2. Plaintiff shall resubmit its Motion for Summary Judgment no later than 2-1 . , 2020. 1 -EPR6PGSEB}ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION TO HAVE MOTION FOR , SUMMARY JUDGMENT HEARD FOR PRE-COVID-l9 UNLAWFUL DETAINER - CASE NO. 20CV362450 465853.docx Filed July 2, 2020 County of Santa Clara Superior Court of CA Clerk of the Court 20CV362450 By: svera AWN 10 11 12 13 l4 15 16 17 18 l9 20' 21 22 23 24‘ 25 26 27 28 \OOOQQM and served 3. Any opposition shall be filed no later than 7-28 2020. and serve ~ ' 4. Plaintiffmay file any reply no later than two (2) calendar days prior to the hearing on ' not to exceed five pa es in length _ _ thls matter 'or may present suc arguments at the heanng on the Motlon. With regard to the foregoing, the Court notes that August 6, 2020 is the first available law and motion date upon resumption of unlawful detainer ("UD") calendars following the current COVID-19-based IT IS SO ORDERED. moratorium on UD matters. Signed: 7/2/2020 04:17 AM Date: 7-2-2020 h By: @0404 (QN/LWZOVI Judge ofthe Superior Court 2 WED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION T0 HAVE MOTION FOR SUMMARY JUDGMENT HEARD FOR PRE-COVID-l 9 UNLAWFUL DETAINER - CASE NO. 20CV362450 465853.docx PROOF OF SERVICE 1, Sue Betti, declare: 10 12 1 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: [PROPOSED] ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO HAVE MOTION FOR SUMMARY JUDGMENT HEARD FOR PRE-COVID-19 UNLAWFUL DETAINER on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: Gary Sullivan, Esq. 1565 The Alameda, Suite 100 San Jose, CA 95126 ewsullivanlaw(Remaikcom 13 14 [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. 15 16 17 [x j (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). 18 19 1 declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on June 26, 2020, at Pleasanton, California. 20 21 22 Sue Betti 23 24 25 26 27 28 PROOF OF SERVICE 465853 docx