Order Proposed

Cal. Super. - 6th Dist.November 13, 2020

ZOCV373467 Santa Clara - Civil EFS-020 ATrORNEY 0R PARTY WITHOUT ATrORNEv: STATE BAR NO.:231 951 Fan coum-USE ONLY NAMEzJoshua J. Borger FIRM NAMEBerliner Cohen STREET ADDRESS=1 0 Almaden Blvd., 11th Floor CITY:San Jose STATEch ZIP 000E951 13 TELEPHONE NO.:(408) 286-5800 FAX NO.:(408) 998-5388 on 3/22/2022 11:00 AM E-MAIL ADDRESS=joshua.borger@berliner.com _ , Reviewed By: F. Miller ATFORNEY F0R(name):Northp0Int Capltal Fund, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OFS t CI vase #ZOCV373467 , an a ara _ STREErADDREss:191 Nonh First Street Envel°pe' 8565649 MAILING ADDRESS: CITY AND ZIP CODEsan Jose 951 1 3 BRANCH NAMEzDowntown Superior Court (DTS) CAsE NUMBER: PLAINTIFF/PETITIONER:N0RTHP0INT CAPITAL FUND, LLc 2°CV373467 DEFENDANT/RESPONDENT:Northpoint Capital Fund. LLC JUDICIAL OFFICER: OTHER Hon. Drew Takaichi DEPT: PROPOSED ORDER (COVER SHEET) 2 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1- Name of the pany submitting the proposed order: Plaintiff Northpoint Capital Fund, LLC 2. Title of the proposed order: Order Granting Plaintiff's Motion for Summary Judgment 0r, Alternatively, Summary Adjudication 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Motion for Summary Judgment b. Date and time: 3/8/22 9:00 a.m. C. PIaCBIDep‘L 2 4. The proposed order was served on the other parties in the case. Joshua J. Borger (TYPE 0R PRINT NAME) C/ (SIGNAwPARTY 0R A‘I'roRNEY) Page1 of2 Form Adopted for Manda10ry Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court, Judicial Council of California _ _ _ rules 2.252, 3.1312 EFS-020 [Rev. February1, 2017] (Electronlc Flllng) www.wurtscagov EFS-020 CASE NAME: CASE NUMBER: 20CV373467 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. I am at least 18 years old and not a party to this action. a- My residence or business address is (specify): 10 Almaden Blvd., 11th Floor, San Jose, CA 951 13 b. My electronic service address is (specify):sabina.ha|l@berliner.com 2. | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name 0f person served) (If the person served is an attorney, the party or parties represented should also be stated): Leo B. Siegel, Attorney for Defendants b. To (electronic service address of person served): leob@lega|siegel.org c. On (date): 3/22/2022 E Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Sabina Hall (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS-020 [Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2 of 2 (Electronic Filing) 4883-2257-8708v1 JBORGER\28568001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSHUA BORGER, CA STATE BAR N0. 23 1 591 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 20CV373467 Delaware limited liability company, Plaintiff, [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY V. JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION NORTHPOINT CAPITAL FUND, LLC, a California limited liability company; THE OVERLOOK ROAD LOS GATOS DEVELOPMENT, LLC; JAMES Date: March 8, 2022 MCCLENAHAN; and DOES 1 through 25, Time: 9:00 a.m. inclusive, Judge: Hon. Drew Takaichi Department: 2 Defendants. Case Filed: November 13. 2020 The motion for summary judgment of PlaintiffNorthpoint Capital Fund, LLC on the first, second, third, fourth, fifth and sixth causes 0f action of the complaint is GRANTED against all defendants. The court orders reinstatement 0fthe deed 0ftrust 0n the real property located at 19042 Overlook Road, Los Gatos, CA95030, A.P.N. 5 10-34-034, recorded With the Santa Clara County Recorder’s Office on October 3 1 , 2018, as instrument n0. 24053336, and vacates the reconveyance of the deed of trust 0n the same real property, recorded With the Santa Clara County Recorder’s /// /// -1- [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT 4883-2257-8708v1 JBORGER\28568001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office 0n September 3, 2020, as instrument no. 24601371. IT IS SO ORDERED. Date: Judge 0f the Superior Court -2- [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT