Memorandum At IssueCal. Super. - 6th Dist.October 30, 2020ZOCV372634 Santa Clara - Civil I UD-1 50 RAWOEhfiY EIR PABRTY WT);O3LJ71'2A81'T9§?EY éNamg, Sgteéarqnumbgrgaznggdgdress): R E v Caarrlton'Figlgsa‘fiEg )' ep an'e ' a“ ) by Superior Court of CA, 2029 Century Park East, Suite 1200 County of Santa Clara. Los Angeles, CA 90067-291 3 on 11/1 9/2020 10:28 AM TELEPHONE No.2 (310) 843-6300 FAx No. (Optional); (31o) 343-5301 Rev'ewed BY- D Harrls E~MAIL ADDRESSmpIionaI): mneubauer@carltonfields.com; schau@carltonfields.com case #ZOCV372634 ATTORNEY FORmame); Defendant Einstein and Noah Corp Envelope: 5327580 SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREETADDREss: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF: Paja Glen, LLC, A California Limited Liability Company DEFENDANT: Einstein and Noah Corp., A Delaware Corporation REQUEST E COUNTER-REQUEST CASE NUMBER:D 200V372634 TO SET CASE FOR TRIAL-UNLAWFUL DETAINER I I Plaintiff i x Defendant 1. D Plaintiff's request. I represent to the court that ail parties have been served with process and have appeared or have had a default or dismissal entered against them. | request that this case be set for trial. 2. Trial preference. The premises concerning this case are located at (street address, apartment number, city, zip code, and county): 1140 Lincoln Ave. #2, San Jose, Santa Clara County, CA 95125 a. E To the best of my knowledge, the right to possession of the premises is still in issue. This case is entitled to legal preference under Code of Civil Procedure section 1179a. b. | i To the best of my knowledge, the right to possession of the premises is no longer in issue. No defendant or other person is in possession of the premises. 3. Jury or nonjury trial. | request x a jury trial I | a nonjury trial. 4. Estimated length of trial. I estimate that the trial will take (check one): a. - days (specifynumber):4 b. I l hours (specifyif estimated trialis less than one day): 5. Trial date. | am not available on the following dates (specify dates and reasons for unavailability): Please see attachment 5. for unavailable dates. UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415) 6. (Complete in al/cases.) An unlawful detainer assistant [ x j did not D did for compensation give advice or assistance with this form. (/f declarant has received any help or advice for pay from an unlawful detainer assistant, complete a-f.) a. Assistant's name: c. Telephone no.2 b. Street address, city, and zip code: d County of registration: e. Registration no.2 f. Expires on (date): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 19, 2020 WWWWMark A. Neubauer ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE - An unlawful detainer case must be set for trial on a date not later than 20 days after the first request to set the case for trial is made (Code Civ. Proc., § 1170.5(a)). - If a jury is requested, $150 must be deposited with the court 5 day's before trial (Code Civ. Proc.. § 631 ). - Court reporter and interpreter services vary. Check with the court fOr availability of services and fees charged. . If you cannot pay the court fees and costs, you may apply for a fee waiver. Ask the court clerk for a fee waiver form. Page 1 of 4 Fon'n Adopted for Mandatory Use REQUESTICOUNTER_REQUEST To SET CASE Code 01 Civil Procedure. §§ 631, Judicial Comcil o! Cal Ifornla 1170.5(a), 1179a UD-1 50 [New January 1. 2005] FOR TRIAL-UNLAWFUL DETAINER www‘coum'nlocagov D Harris 2 124147300.v2 ATTACHMENT TO COUNTER-REQUEST TO SET CASE FOR TRIAL - UNLAWFUL DETAINER PAJA Glen, LLC v. Einstein and Noah Corp., Case No. 20CV372634 5. Trial Date. I am not available on the following dates (specify dates and reasons for unavailability) 12/1/20, Discovery Conf. Hearing USDC New Jersey; 12/3/20 Firm Compensation Meeting; 12/14/20 Hearing Motion to Seal, Orange County Superior Court; 12/17/20, Case Management Conference, SMSC; 12/21-30/20, Holiday Vacation, 12/31/20 Hearing Motion to Dismiss, USDC, New Jersey; 01/05/21 Status Conf., USBC CD CA; 01/07/21 Final Approval Hrg. for PAGA settlement LASC; 1/11-1/15/21, Trial Sacramento Superior Court; 02/16/21 Mediation, NJ; 02/18/21 Hearing Demurrer and Mot Strike; Los Angeles County Superior Court. PLAINTIFF: Paja Glen. LLC. A California Limited Liability Company CASE NUMBER: DEFENDANT: Einstein and Noah Corp‘, A Delaware Corporation ZOCV372634 PROOF OF SERVICE BY MAIL Instructions: After having the parties served by mail with the RequesUCounter-Request to Set Case for TriaI-Unlawful Detainer, (form UD-150), have the person who mailed the form UD-150 complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with form UD-150. Give the Request/Counter-Request to Set Case for Trial -Un|awfu| Detainer (form UD-150) and the completed Proof of Service by Mail to the clerk for filing, If you are representing yourself, someone else must mail these papers and sign the Proof of Service by Mail. 1. l am over the age of 18 and not a party to this case. I am a resident of oremployed in the county where the mailing took place. 2. My residence or business address is (specify): CARLTON FIELDS, LLP, 2029 Century Park East, Suite 1200, Los Angeles, CA 90067-2913 3. I served the Request/Counter-Request to Set Case for TriaI-Unlawful Detainer (form UD-150) by enclosing a copy in an envelope addressed to each person whose name and address are shown below AND a. E depositing the sealed envelope in the United States mail on the date and at the place shown in item 30 with the postage fully prepaid. b. E placing the envelope for collection and mailing on the date and at the place shown in item 3c following ordinary business practices. | am readily familiarwith this business's practice forcollecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. c. (1) Date mailed: November 19, 2020 (2) Place mailed (city and state): Los Angeles, California I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Date; November 19, 2020 Maria Rodriguez } q/UAA/L/ [TYPE OR PRINT NAME) (SIGNATURE OF PERSON WHO MAILED FORM UD-150) NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED 31mg Address (number. street, city, and zip code) 4. . , sq. 80770 Via Montecito La Quinta, CA 92253 5. 6. 7. 8. 9. D List of names and addresses continued on a separate attachment or form MC-025, titled Attachment to Proof of Service by Mail. uo-Isomew January 1, 2005] REQUEST/COUNTER-REQUEST TO SET CASE page 3 om FOR TRIAL-UNLAWFUL DETAINER KOOONQU‘I-PUJNr-t NNNNNNNNNr-‘v-Kv-tr-‘b-tr-anu-tr-tr-Kr-s OOflGU‘I-PUJNi-‘OKOOOQGU‘I-PUJNh-‘O PROOF OF SERVICE F.R.C.P. 5 / C.C.P. §§ 1010.6. and 1013/ Cal. R. Ct. R. 2.251 I am a resident of, 0r employed in, the County 0f Los Angeles. I am over the age of 18 and not a party to this action. My business address is: Carlton Fields, LLP, 2029 Century Park East, Suite 1200, Los Angeles, CA 90067-2913. On November 19, 2020, I served the following listed document(s), by method indicated below, 0n the parties in this action: COUNTER-REQUEST TO SET CASE FOR TRIAL-UNLAWFUL DETAINER by serving: Donald L. Smith, Esq. Attorneys for PlaintiffPAJA Investments 80770 Via Montecito La Quinta, CA 92253 Telephone: (415) 800-8979 Facsimile: (925) 215- 1433 lawsmith@aol.com E BY ELECTRONIC SERVICE by uploading the document listed above t0 the Court’s Electronic Filing Service Provider First Legal https://www.firstlegal.com for e-service to the email address(es) set forth on the attached service list. To my knowledge, the e-service was reported as complete and Without error. See Cal. R. Ct. R. 2.251 and CCP § 1010.6. I declare under penalty of perjury under the laws of the State of California and the United States 0f America that the above is true and correct. Executed on November 19, 2020 at Los Angeles, California. Maria Rodriguez q/{Wm‘ Type or Print Name Signature 124147511.1