Motion AmendedCal. Super. - 6th Dist.April 13, 2020Kathryn C. Klaus, Esq. - SBN 205923 Rebecca D. Martino, Esq. - SBN 236094 CODDINGTON, HICKS 8c DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendant Jonathan Huynh IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 11 SAMUEL YI, an Individual; and JONGEUN Case No. 20CV366032 YI, an Individual; 12 13 14 15 16 17 18 19 20 21 Plaintiffs, vs. JONATHON HUYNH, an Individual; JINHO KIM, an Individual; EXCELLENCE PROPERTY MANAGEMENT, entity unknown; V. RAY HUDSON, an Individual and Trustee in the Hudson Living Trust; and DOES 1 through 25, inclusive, Defendants. AND RELATED CROSS-ACTIONS. AMENDED NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION OF DEFENDANT JONATHAN HUYNH Date: April 28, 2022 Time: 9:00 a.m. Dept.: 20 The Honorable Socrates Peter Manoukian Action Filed: April 13, 2020 Trial Date: September 6, 2022 22 23 24 25 26 27 28 TO: PLAINTIFFS AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on April 28, 2022, at 9:00 a.m. in Department 20 of the above-entitled court, located at 191 North First Street, San Jose, California, defendant Jonathan Huynh will move for summary adjudication of the causes of action for violation of San Jose Municipal Code section 17.23.010, violation of San Jose Municipal Code section 17.23.1250(B), and intentional infliction of emotional distress. Defendant moves this Court for summary adjudication on the following issues: 1 Amended Notice of Motion and Motion for Summary Adjudication of Defendant Jonathan Huynh Case No; 20CV366032 828879 Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/18/2022 10:03 AM Reviewed By: V. Castaneda Case #20CV366032 Envelope: 8075106 20CV366032 Santa Clara - Civil V. Castaneda 10 12 13 14 ISSUE No. 1: That there are no triable issues of material fact and Defendant is entitled to summary adjudication as to Plaintiffs'ause of action for violation of San Jose Municipal Code section 17.23.010 because Plaintiffs admit Defendant did not impose an excessive rent increase, the offer to consider a buy-out was not accepted by the Plaintiffs, and Plaintiffs were not evicted by Defendant. ISSUE No. 2: That there are no triable issues of material fact and Defendant is entitled to summary adjudication as to Plaintiffs'ause of action for violation of San Jose Municipal Code section 17.23.1250(B) because Plaintiffs voluntarily vacated the premises pursuant to their own 30 Day Notice of Intent to Vacate and not because of the service of a Notice of Termination by the Defendant. ISSUE No. 3: That there are no triable issues of material fact and Defendant is entitled to summary adjudication as to Plaintiffs'ause of action for intentional infliction of emotional distress because Defendant's conduct cannot, as a matter of law, reasonably be described as extreme much less outrageous. 15 16 17 This motion for summary judgment and or adjudication is brought pursuant to California Code of Civil Procedure Ij437c on the grounds that certain of Plaintiffs'auses of 18 action have no merit against Defendant. This motion is based on this Notice of Motion, the 19 20 21 22 23 accompanying Memorandum of Points and Authorities in support thereof, the Separate Statement of Undisputed Material Facts in support of this Motion for Summary Judgment, the Request for Judicial Notice in support of this Motion for Summary Judgment, the Declaration ofjonathan Huynh in support of this Motion for Summary Judgment, the Declaration of Kathryn Klaus in support of this Motion for Summa Judgment, the Appendix of Evidence 24 25 26 27 28 2 Amended Notice of Motion and Motion for Summary Adjudication of Defendant Jonathan Huynh Case No: 20CV366032 828879 and the exhibits attached thereto, the papers and pleadings on file herein, and on such oral arguments and evidence Dated: January 18, 2022 as may be adduced prior to, or at, the hearing of this matter. CODDINGTON, HICKS & DANFORTH /s/ Q~ P. M~~ By: Kathryn C. Klaus Rebecca D. Martino Attorneys for Defendant jonathan Huynh 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 3 Amended Notice of Motion and Motion for Summary Adjudication of Defendant Jonathan Huynh Case No: 20CV366032 828879 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is hporter&chdlawyers.corn. I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via 10 12 overnight delivery, transmission by facsimile machine, and delivery by hand. On January 18, 2022, I served a copy of each of the documents listed below by placing them for processing as indicated herein. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDED NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION OF DEFENDANT JONATHAN HUYNH United States Mail:The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all chaiges to be paid by my employer on the above date Eor collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight deIivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed Eor transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a Eacsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. XX Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic addiess set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signatute is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court R e 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electtonic transmission did not reach the recipient. 9 PERSONS OR PARTIES SERVED: 10 12 13 14 15 Attorneys for Plaintiffs Ryan Herrera, Esq. Tenant Law Group, PC 100 Pine Street, Suite 1250 San Francisco, CA 94111-5235 Telephone: (415) 915-7445 Facsunile: (888) 376-1662 rvan@tenantlawgroup sf.corn Assistant Nichelle R. Perez nichellelRtenantlawgrouosf.corn Attorneys for Defendant/'Cross- compiainantJiaho Eim David S. Hoffman, Esq. 1500 East Hamilton Avenue, Suite 118 Campbell, CA 95008 Telephone: (408) 412-8427 Facsunile: (408) 412-8425 dshoffmanesoCttiaol.corn 17 18 Case Manager: Stephanie Rivas stenhlRtenantIawgrounsf.corn 19 I certify (or declare) under penalty of perjury undet the laws of the State of California that 20 the foregoing is true and correct and that this declara 022. 21 22 Helen Porler 23 24 25 Court: SuPorior Coun'fCailfornia, Sauia Clara Couulr Action No: 20CV366032 Case Name: Yi o. Huguh 26 27 28