DeclarationCal. Super. - 6th Dist.July 27, 202010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 200V368722 Santa Clara - Civil BAOQUAN P. PHAM, ESQ, (SBN 201281) E'ectmnica'W Fi'ed System System LaworfioeorBAOQUAN P. PHAM by Superior Court 0f CA, 4 N_ 2nd Street County of Santa Clara, Suite280 on 2/8/2021 7:04 PM $aanose, CNAg95113 (408)275-6701 Reviewed By: System System 999mm = C #20CV368722 Email Address: baoptam408®bcglobaLnet p ' Attorney for Plaintiff SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION HIEN NGUYEN, Case N0.: 20CV368722 Plaintiff, DECLARATION OF BAO-QUAN P. vs. PHAM IN SUPPORT OF MOTION TO VACATE FEBRUARY 4, 2021 ORDER VU CO HOANG and DOES 1 to 10, inclusive, Defendants Date: TBD Tlme: 9:00 a.m. Dept: 19 I, BAO-QUAN P. PHAM, declare that: 1. I am an attorney duly licensed t0 practice law before the Courts for the State of California and am the attorney 0f record 0f plaintiffHIEN NGUYEN (hereinafter referred t0 as “Ms. Nguyen”). 2. I am a competent adult and would competently testify as herein written below. 3. Imake this Declaration in support of the Motion to Vacate the February 4, 2021 Order dismissing this Action without prejudice. Declaration ofBao-Quan P. Pham Re: Motion to Vacate NGUYEN V. HOANG, et a1., Santa Clara Superior Court Case No. 20CV368722 Page 1 0f 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4. This breach of contract and fraud Action stems from various loans from my client made to Defendant, Which Defendant has refused to repay in filll. 5. On or about July 27, 2020, I filed this Action. 6. On 0r about August 14, 2020, Defendant was sub served. Attached as EXHIBIT is an accurate and true copy 0f the filed POS. 7. On or about late October 0f 2020, I contacted the Court t0 schedule a prove-up hearing for entry 0f default judgment, and was advised t0 first file for entry of default and then t0 contact the Court t0 request a hearing date. 8. On or about November 9, 2020, I submitted a Request for Default Via One Legal for electronic filing. Attached as EXHIBIT 2 is an accurate and true copy of the proof of the submitted Request for Default filing t0 One Legal. 9. As 0f this date, the Request for Entry 0f Default is still pending and has still yet been filed. 10. Unfortunately, Iwas not aware 0f the February 4, 2021 hearing date because I did not receive any notice 0f the February 4, 2021 OSC hearing. 11. I only first learned about the February 4, 2021 Order after I received a copy of the February 4, 2021 Order Via mail. 12. Had I known about the hearing or been provided notice, I would have appeared t0 explain t0 the Court that default was still pending and that I intended to seek entry 0f default judgment Via a prove-up hearing. 13. The dismissal resulted from my inadvertence; mistake; surprise; and/or excusable neglect because I was not aware that a February 4, 2021 OSC hearing had been scheduled. Declaration ofBao-Quan P. Pham Re: Motion to Vacate NGUYEN V. HOANG, et a1., Santa Clara Superior Court Case No. 20CV368722 Page 2 0f 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 14. I respectfully submit that my client should be denied her day in court to seek redress for Defendant’s wrongdoing because ofmy error. 15. Moreover, Defendant would not be prejudiced since he did not even bother t0 appear and oppose this Action following proper service of process. 16. Accordingly, I respectfillly request that the Court vacate the February 4, 2021 Order and restore this Action t0 the normal civil tract. I declare under penalty 0f perjury 0f laws of the State 0f California that the following is true and correct. Executed this 8th day 0f February 0f 2021 at San Jose, California. Digitally signed by Bao-Quan P. Pham BaO-Quan P . DN: cn=Bao-Quan P. Pham, o=Law Office of BAO-QUAN P. PHAM, ou, email=baopham408@sbcglobal.net, Pha I ' i c=US Date: 2021 02.08 18:55:53 -08'00' Bao-Quan P. Pham Declaration ofBao-Quan P. Pham Re: Motion to Vacate NGUYEN V. HOANG, et a1., Santa Clara Superior Court Case No. 20CV368722 Page 3 0f 3 EXHIBIT 1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bai number, and address): Bao-Quan Pham, 201281 Law Office of Bao-Quan P. Pham 4 North 2nd Street, Suite 280 San Jose, CA 95113 TELEPHDNEND 408 275 6701 ATTORNEY FOR (Name). SUPERIOR COURT OF CALIFORNIA, COUNTY OF Superior Court of California, Santa Clara County 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF/PETITIQNER'ian Nguyen DEFENDANT/REsPQNDENT: Vo Co Hoang, et al FOR COURT USE ONLY CASE NUMBER: 20CV368722 POS-010 Ref. No. or File Non PROOF OF SERVICE OF SUMMONS Hien Nguyen u m '%E 1. At the time of service I was a citizen of the United States, at least 18 years of aqe and nota partvto this action. D T P~ 2. I served copies of: Summons, Complaint, Civil Case Cover Sheet, Civil Lawsuit Notice 3. a. Party served: VU CO HOANG b. Person Served: VU CO HOANG 4. Address where the party was served: 132 Birch Lane San Jose, CA 95127 5. I served the party b. by substituted service. On (date): Q8/14/2Q20 at (time): 5:12PM I left the documents listed in item 2 with or in the presence of: John DOE (Asian/M/30yrs/5'10/200¹) - Co-Occupant (2) (home) a competent member of the household (at least I 8 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. (5) I attach a declaration of diligence stating actions taken first to attempt personal service. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. 7, Person who served papers Marcus Watson One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 c. Telephone number: 415-491-0606 d. The fee for service was: $ 103.25 e. I am: (3) registered California process server. (i) EmPloYee or independent contractor. (iil Reoistration Noz PS1704 (iii) County: Santa Clara S. I declare under penaltv of Deriurv under the laws of the United States of America Bnd the State Da'e: 08/24/2020 D is true snd correct. Marcus Watson INAME OF PERSON WHO SERVED PAPERS) IISIGNATURE) Form Adopled for Mandatory Use Judicial Counol of California POS-010 sufuAAL rse cLDsfll m esL Li fsaaeesslm Cade of Civil Procedure, I 4l).10 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/16/2020 8:24 AM Reviewed By: A. Rodriguez Case #20CV368722 Envelope: 5120574 20CV368722 Santa Clara - Civil AlTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): Bao-Quan Pham, 201281 Law Office of Bao-Quan P. Pham 4 North 2nd Street San Jose, CA 95113 ATTORNEY FOR (Name): trlsen name of coun, judldal drstrim or hmnch court, ii any: Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF, Rei. No. or Fits No. TELEPHONE Non 408-275-6701 Hien Nguyen FOR COURT USE ONLY Hien Nguyen DEFENDANT: Vo Co Hoang, et al DECLARATION OF DILIGENCE CASENUMSER 20CV368722 I received the within process on 7/27/2020 and that after due and diligent effort I have been unable to personally serve said party. The following itemization of the dates and times of attempts details the efforts required to effect personal service. Additional costs for diligence are recoverable under CCP fi1033.5 (a)(4)(B). PARlY SERVED: VU CO HOANG (1)Home: 132 Birch Lane,, San Jose, CA 95127 BY FAX As enumerated below: On 8/12/2020 5:23:00 PM at address (1) above. No Answer Tried residence, not in per mail. States subject does not live here. On 8/13/2020 6:52:00 AM at address (1) above. No Answer Tried residence, no response at door On 8/14/2020 5:12:00 PM at address (1) above. Not In per John DOE (Asian/M/30yrs/5'10/200//) Registered California process server. County: Santa Clara Registration Noz PS1704 Marcus Watson One Leoal - P-000618-Sonoma I declare under penalty of perjury under the laws of the United States of America end the State of California that the foregoing is true end correct end that this declaration wes executed on 08/24/2020 at Peislume, California. ATTORNEY 0R PARTY WITHOUT ATT OR NE Y (Name and Address): Bao-Quan Pham, 201281 Law Office of Bao-Quan P. Pham 4 North 2nd Street San Jose, CA 95113 ATTORNEY FOR (Name): Insert name of court, judicial distnm or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF: Hien Nguyen DEFENDANT: Vo Co Hoang, et al PROOF OF SERVICE BY MAIL Ref. No. or File Nrs TELEPHONE Noc 408-275-6701 Hien Nguven FOR COURT USE ONLY CASE NUMBER: 20CV358722 BY FAX I am a citizen of the United States, over the age of 18 and not a party to the within action. My business address is 1400 N. MCDowell Blvd, Petaluma, CA 94954. On 08/25/2020, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)(B) was made (if applicable), I mailed copies of the: Summons, Complaint, Civil Case Cover Sheet, Civil Lawsuit Notice to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Petaluma, California, addressed as follows: VU CO HOANG 132 Birch Lane San Jose, CA 95127 I am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Fee for Service: $ 103.25 I declare under penalty of perJury under the laws of the United States of America and the State of California that the foregoing is true and correct and that this declaration was executed on 08/24/2020 at Petaluma, California. One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 oetaluma, CA 94954 Or.nnr I nne p EXHIBIT 2 ONE LEGAU ' ngoTracififl/Dashboard)omp «Nany ONE LEGAI: Order #1 5447898: eFiling Submitted: 11/9/2020 9:55 AM PT E Attorney: BaOquan Pham Accepted Court Transaction #5261 1 57 11/9/2020 9:56 AM PT Documents Returned (1)W Default Pending (1 .3 MB) Your Files (1)mmmmmm Document Title Document Type Pages Status Request for Entry of Default Request for Entry of Default 2 Accepted Case Information Court Santa Clara County, Superior Court of California (Santa Clara - First Street) Number ZOCV368722 Title HIEN NGUYEN et al vs VU CO HOANG et al Client Billing Code Hien Nguyen Message to the Court Clerk Please file so that | may request a prove-up hearing thank you. Confirmation Receipt #24449680