Separate StatementCal. Super. - 6th Dist.January 30, 2020Phillip G. Vermont, SBN 132035 Dominique Jacques, SBN 290036 RANDICK O'DEA TOOLIATOS VERMONT 4 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 11 12 13 14 15 16 17 18 19 20 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.: 20CV3 62450 SEPARATE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [UNLAVtJFUL DETAINER - COMMERCIAL] Date: August 6, 2020 Time: 9:15 a.m. Dept: 11 Trial Date: August 6, 2020 21 22 23 24 25 26 27 28 Plaintiff, First Point Oakmead LLC, a Delaware limited liability company, in support of its Motion for Summary Judgment, submits that the following material facts are undisputed in this action; Issue No. 1 - MiaSole Hi-Tech Corp., a California corporation, was served with a 5-Day Notice to Pay Estimated Rent or Surrender Premises and has not paid rent or surrendered the Premises. SEPARATE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - CASE NO. 20CV362450 454170 docx 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 Supporting Statement Supporting Evidence 1. First Point Oakmead LLC, a Delaware Complaint, tj 1 limited liability ("Plaintiff', is the owner and landlord of real property located as 435 Oakmead Parkway, Ste. 100, Sunnyvale, CA 94085 (the "Premises"). Declaration of Tamra Gaspar„ tttt 3, 9. 2. MiaSole Hi-Tech Corp., a California Complaint, tl 3, Exhibit 1 10 corporation ("Defendant"), is the Declaration of Tamra Gaspar, $$ 4-6, 8, 12 13 current tenant of the Premises under the Exhtbtts A-C, D. Lease. 3. Defendant owed $689,560.06 in rent to Complaint, tj 10, Exhibits I, 2. 14 15 Plaintiff as of September 16, 2019. Declaration of Tamra Gaspar tt 7-8, Exhibit D. 16 4. Defendant did not pay Plaintiff any of Complaint, tt 10, Exhibits 1, 2. 17 18 19 20 21 22 23 the $689,560.06 amount owed to Plaintiff. 5. Defendant was served with a 5-Day Notice to Pay Estimated Rent or Surrender Premises on or about December 12, 2019. Declaration of Tamra Gaspar tttt 10, 15- 16. Complaint tjtt 7-8, Exhibits 2, 3. Declaration of Phillip G. Vermont, tttt 4-5. Declaration of Tamra Gaspar, tt 12. 24 25 26 27 28 SEPARATE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - CASE NO. 20CV362450 454170 4 6, Defendant has not paid Plaintiff the Complaint $ 7(b), Exhibits 2, 3. $689,560.06 amount owed, or anY other Declaration ofphillip G, Vermont ee 7-g amount since the service of the Notice. Declaration of Tamra Gaspar, f$ 15-16. 10 7. Defendant has not returned possession of the Premises to Plaintiff. 8. The fair market value of the Premises is $7,558,78 per day. Complaint /[ 7(b), Exhibits 2, 3. Declaration of Phillip G, Vermont, g 9 Declaration of Tamra Gaspar, g 14-15. Declaration of Tamra Gaspar, $ 17. 12 9. The total holdover damages through March 13, 2020 are $ 1,247,198.70. Declaration of Tarnra Gaspar, $ 17. 13 14 15 16 17 18 19 20 10. Based on the fair value of $7,558.78 Declaration of Tamra Gaspar, $ 17, per day, the total holdover damages from March 14, 2020 through June 10, 2020 (89 days) are $672,731.42. 11, The total amount owed by Defendant Declaration of Tamra Gaspar, $1[ 8, 17 through June 10, 2020 totals $2,609,490.18. 21 22 23 Date: June 10, 2020 24 25 26 27 By: Pfiglip G. vermont SEPARATE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - CASE NO. 20CV362460 dddl7d.dora 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 Flopyard 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: SEPARATE STATEMENT OF FACTS IN SUPPORT OF PI,AINTIFF'S 7 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: awsullivanlaw@mnail.corn 12 13 14 15 16 17 18 19 20 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. 21 22 23 [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). 24 25 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 petti PROOF OF SERVICE 454170 docx