Ex Parte Application

Cal. Super. - 6th Dist.February 11, 2021

GCA LAW PARTNERS LLP Mountain View, California JAMES L. JACOBS (SBN 158277) KATHRYN C. CURRY (SBN 157099) GCA LAW PARTNERS LLP , " 2570 W. E1 Camino Rea], Suite 400 fl LMountain View, CA 94040 ' ' Telephone: (650) 428-3900 APR 23Facsimile: (650) 428-3901 S 202, Email: jjacobs@gcalaw.com By Upe’Vb c U; fm kcurry@gca1aw.com w”0/847 3% ° L9 Attorneys for Respondent MICHAEL HAN SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION BRIAN TRAN, CASE N0. 21CH009861 Petitioner, RESPONDENT MICHAEL HAN’S EXPARTE APPLICATION FORAN V- ORDERADVANCINGTHE HEARING DATE ON PETITIONERMICHAEL HAN, BRIAN TRAN’s MOTION T0 QUASH FROM MAY 25, 2021 TORespondent. MAY 13’ 2021 Date: April 23, 2021 Time: 8:15 a.m. Dept. 4 Judge: Comm. Erik Johnson EXPARTE APPLICATION To ADVANCE HEARING DATE - CASE N0 2 I CH009861 GCA LAW PARTNERS LLP Mountaln Vleu. Cahfornia \OOOflGNUI-b 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EX PARTE APPLICATION PLEASE TAKE NOTICE THAT on April 23, 2021, at 8:15 a.m., or as soon thereafter as the matter may be heard, in Department 4 of the above-referenced court located at 191 N. First Street, San Jose, CA 95113, Respondent Michael Han will apply ex parte for an Order to Advance the Hearing 0n Defendants' Motion to Quash a Deposition Notice two weeks from May 25, 2021 to May 13, 2021. This Application is made pursuant to Code of Civil Proc. § 128 and the Court’s inherent powers and responsibilities to administer all judicial proceedings fairly and efficiently before it, including the power to control the disposition 0f the causes on its docket with economy offime and effort for itself, for counsel, and for litigants. (Cal. Code 0f Civil Proc. § 128(a)(3), (5); Hays v. Superior Court (1940) 16 Ca1.2nd 260, 264.) Good cause exists to grant this application. Respondent Michael Han noticed the deposition 0f Petitioner Brian Tran (via zoom) t0 take place on April 15, 2021. Mr. Tran has filed a motion to quash the deposition notice, but the hearing is set for May 25, 2021. If the motion t0 quash is denied, there is not enough time t0 take the previously noticed deposition and obtain a completed transcript before the June 2, 2021 evidentiary hearing. Advancing the hearing date by two weeks to May 13, 2021 will allow time for the deposition t0 proceed before the hearing and will not require the statutory times for filing and opposition or reply papers t0 be modified. Notice 0f this expart9 application was given t0 Dmitry Stadlin, attorney of record for Petitioner Brian Tran 0n April 19, 2021. Mr. Stadlin does not oppose the application and requests only that the hearing date be advanced t0 a date and time that he is available. Mr. Stadlin has confirmed he is available on May 13, 2011. This exparte application is be based upon this notice, the attached memorandum 0f points and authorities, the attached exhibits, the papers and records 0n file in this action, the Declaration of Kathryn C. Curry, and any oral and/or documentary evidence as may be presented at the hearing 0f this ex parte application. -1- EXPARTE APPLICATION T0 ADVANCE HEARING DATE - CASE NO. 2 l CH009861 GCA LAW PARTNERS LLP Mountam View California .p \IONKA 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The contact information for Respondent’s Counsel is as follows: Dmitry Stadlin STADLIN MARINHO LLP 111 N. Market St. Ste. 300 San Jose, CA 95113 Tel: (408) 645~7801 Fax: (408) 645-7802 ds@stad]inmarinh0.com DATED: April 22, 2021 By: GCA LAW PARTNERS LLP Rmocw -2- Kathryn C. Curry James L. Jacobs Attorneys for Respondent MICHAEL HAN EXPARTE APPLICATION T0 ADVANCE HEARING DATE - CASE N0. 21CH009861 GCA LAW PARTNERS LLP Mountain View California A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GU] MEMORANDUM 0F POINTS AND AUTHORITIES A. Introduction This civil harassment action arises out 0f a failed business partnership between Petitioner Brian Tran and Respondent Michael Han. In a continuing effort t0 harass Respondent Michael Han and to punish him for leaving the business, Brian Tran filed this civil harassment proceeding against Mr. Han. The petition is without merit. Mr. Han has not interacted with 0r spoken to Mr. Tran in over a year. The evidentiary hearing is scheduled t0 begin 0n June 2, 2021 at 1:30 p.m. in Department 4. Mr. Han timely noticed the deposition 0f Mr. Tran to be taken Via zoom 0n April 15, 2021. Mr. Tran filed a motion t0 quash the deposition notice and the motion t0 quash has been set for hearing 0n May 25, 2021,_0n1y a week before the evidentiary hearing is to begin. If the motion to quash is denied, there will not be enough time t0 take the deposition and obtain a completed transcript before the hearing. Accordingly, Mr. Han requests that the hearing date be advanced two weeks to May 13, 2021. Advancing the hearing date t0 May 13, 2021 Will allow for the deposition t0 be completed and a transcript obtained; and will not require the statutory times for filing and opposition 01‘ reply papers to be modified 0r filed on shortened time. Mr. Tran’s counsel of record, Dmitry Stadlin, was timely notified of this exparte application and does not oppose the request t0 advance the hearing date to May 13, 2021. (Curry Decl. 11 7.) B. Statement 0f Facts Brian Tran filed an application for a civil harassment restraining order against Michael Han 0n February 11, 2021. The matter was initially set for hearing 0n April 6, 2021, but was continued to June 2, 2021. (Curry Decl. 1] 1.) On April 1, 2021, Michael Han served a deposition notice (Via zoom) and request for production 0f documents t0 Brian Tran. The deposition was set for April 15, 2021. (Curry Dec]. 1T 4.) -3- EXPARTE APPLICATION T0 ADVANCE HEARJNG DATE - CASE NO. 2 1 CH009861 GCA LAW PARTNERS LLP Mountain View, California 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 23 On April 12, 2021, Mr. Tran filed a motion t0 quash the deposition notice and request for documents. The motion t0 quash was set for hearing 0n May 25, 2021, only a week before the evidentiary hearing date is t0 begin. (Curry Decl. 1] 5.) Should the motion to quash be denied, there would be insufficient time t0 be able t0 take the deposition and have the transcript available for the June 2, 2021 hearing. (Curry Decl. 11 6.) Accordingly, this exparte application asks the court to advance the hearing date 0n Petitioner’s Motion t0 Quash by two weeks t0 May 13, 2021. C. Legal Argument 1. The Court Has the Power to Grant the Requested Order on an Ex Parte Basis It is well-established in California that a court has both the inherent power and the responsibility t0 fairly and efficiently administer all of the judicial proceedings before it. This includes the power t0 control the disposition 0f the causes on its docket with economy of time and effort for itself, for counsel, and for litigants (Code 0f Civil Proc. § 128(a)(3), (5); Hays v. Superior Court (1940) 16 Ca1.2d 260. 264 [“There is nothing novel in the concept that a trial court has the power t0 exercise a reasonable control over all proceedings connected with the litigation before it. Such power necessarily exists as one of the inherent powers 0f the court and such power should be exercised by the courts in order t0 insure the orderly administration ofjustice.”].) The court also has the power t0 issue an order for the setting, filing, and hearing 0f discovery motions under Code 0f Civil Procedure §1005. “One 0f the powers which has always been recognized as inherent in courts, which are protected in their existence, their powers and jurisdiction by constitutional provisions, has been the right t0 control its order ofbusiness and to so conduct the same that the rights 0f all suitors before them may be safeguarded. This power has been recognized as judicial in its nature, and as being a necessary appendage to a court organized t0 enforce rights and redress wrongs.” (Lorraine v. McComb (1934) 220 Cal. 753, 756.) -4- EXPARTE APPLICATION T0 ADVANCE HEARING DATE - CASE N0. 2 1CH009861 GCA LAW PARTNERS LLP Mountain Vlcw California ©00-JO\ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Michael Han Will be Irreparablv Harmed ifEx Parte Relief is not Granted Good cause exists t0 grant Respondent’s exparte application t0 advance the hearing date on the motion to quash t0 May 13, 2021. If the pending motion to quash is denied, there Will be insufficient time t0 allow the deposition t0 be completed and a transcript prepared before the June 2, 2021 hearing. If the hearing date is not advanced then it is unlikely that the deposition can be completed and a transcript prepared in time for the June 2, 2021 hearing, effectively depriving Mr. Han of the deposition even if he prevails 0n the motion t0 quash. Advancing the hearing date will does not require the statutory times for filing opposition 0r reply papers t0 be modified 0r shortened. 3. Timelv Notice of this Ex Parte Application was Given to Petitioner California rules 0f Court, Rule 3.1203(a) requires notice be given t0 all opposing parties by 10:00 a.m. the court day before the exparte application is heard. As set forth in the attached declaration, notice of this exparte application was given via email on April 19, 2021. Counsel for Petitioner does not object to advancing the hearing date to May 13, 2021, a date that he is available. D. CONCLUSION For the foregoing reasons, Respondent Michael Han respectfully requests that his exparte applicatiou be granted and that the hearing 0n Petitioner Brian Tran’s Motion to Quash Deposition Notice be advanced from May 25, 2021 t0 May 13, 2021. Respectfully submitted, DATED: April 22, 2021 GCA LAW PARTNERS LLP \AMQ Cums Kathryn C. Curry James L. Jacobs Attorneys for Respondent MICHAEL HAN By -5- EXPARTE APPLICATION TO ADVANCE HEARING DATE - CASE NO. 2 l CH009861 GCA LAW PARTNERS LLP Mountain View, California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF KATHRYN C. CURRY I, Kathryn C. Curry, am an attorney licensed t0 practice before all the courts in the State 0f California. I am a partner at GCA Law Partners, LLP, and am lead counsel for Respondent Michael Han in this action. I make this declaration 0fmy own knowledge, except where indicated otherwise, and as t0 those I believe them to be true. 1. Brian Tran filed an application for a civil harassment restraining order against Michael Han on February 11, 2021. 2. Mr. Tran and Mr. Han are former business partners. It is my information and belief that this civil harassment action is part 0f a continuing effort by Mr. Tran to harass Mr. Han and to punish him for leaving the business. Mr. Han has not interacted with or spoken to Mr. Tran in over a year. The petition is Without merit. 3. The matter was initially set for hearing on April 6, 2021, but has been continued to June 2, 2021 at 1:30 pm. in Department 4. 4. On April 1, 2021, Michael Han served a deposition notice (Via zoom) and request for production 0f documents to Brian Tran. The deposition was set for April 15, 202L 5. On April 12, 2021, Mr. Tran filed a motion to quash the deposition notice and request for documents. The motion to quash was set for hearing on May 25, 2021, only a week before the evidentiary hearing date is t0 begin. 6. Should the motion to quash be denied, there would be insufficient time t0 complete the deposition and have the transcript available for the June 2, 2021 hearing. 7. Advancing the hearing date t0 May 13, 2021 will not require the statutory times for filing Opposition or reply papers t0 be modified or shortened. 8. I gave notice 0f this application t0 Dmitry Stadlin, counsel of record for Brian Tran, 0n April 19, 2021 Via email. Mr. Stadlin stated that he does not oppose the request as long as it is set for a date and time that he is available. Mr. Stadlin 1's available 0n May 13, 2021. A true and correct copy 0f the email exchange is attached hereto as Exhibit 1. _ 6 _ EXPARTE APPLICATION To ADVANCE HEARING DATE - CASE N0. 2 I CH009861 GCA LAW PARTNERS LLP Mountain View California 00‘40“ KO 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 9. The exparte application and proposed order were served 0n Mr. Stadlin 0n April 21, 2021 and filed electronically. After being notified that the exparte application must be presented in person to the court, I notified Mr. Stadlin on April 22, 2021, that I would appear in person 0n Friday, April 23, 2021 at 8:15 a.m. This application was revised t0 reflect the new date and to add this paragraph. The revised exparte applicatibn papers and proposed order were then served 011 Mr. Stadlin April 22, 2021. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true 0fmy own knowledge, executed in Mountain View, California on April 22, 2021. \AuaTnCCWX Kathryn C. Curry -7- EXPARTE APPLICATION T0 ADVANCE HEARING DATE - CASE N0. 2 1 CH009861 From: W T0: Kalmm Cc: W LkLllfl' Subject: RE: Tran v. Han - Notice of Ex Parte Date: Monday, Apn‘l 19, 2021 10:18:15 AM Since you are unavailable on May ll, we will request that the hearing be advanced to May 13th. May we say that you are available on the 13th and do not oppose? Yes. l AM available on May 11'“ in the morning, but would prefer the 13m. Just not available on May 11‘“ in the afternoon. Thank you. Dmitry Stadlin Attorney at Law - Partner STADLIN MARINHO LLP 111 N. Market St. Ste. 300 San Jose, CA 951 13 Tel: (408) 645-7801 -L§1’_5_Qhau Fax: (408) 645-7802m S ”.H .I From: Kathryn Curry Sent: Monday, April 19, 2021 9:52 AM To: Dmitry Stadlin Cc: JimmyJacobs ; Lizi Jin Subject: Re: Tran v. Han - Notice of Ex Parte Hi Dmitry, Thankyou for your email. Since you are unavailable on May ll, we will request that the hearing be advanced to May 13th. May we say that you are available on the 13th and d0 not oppose? Best regards, Kathryn On Apr 19, 2021, at 3:45 AM, Dmitry Stadlin wrote: Hi Kathryn, Thank you for the notice. l am unavailable on May 11‘“ in the afternoon only. and will be in trial in Department 72. Could you pIease let the Court “v know about my unavailability in your papers? | do not plan to file an opposition to your ex parte application, if it mentions my unavailability. l am also available on May 13th. which is also a date that Dept. 4 has calendars. Thank you. Dmitry Stadlin Attorney at Law - Partner STADLIN MARINHO LLP 111 N. Market St. Ste. 300 San Jose. CA 951 13 Tel: (408) 645-7801 - LBI'JLCJJEII Fax: (408) 645-7802 . . oW H. I 1 . I From: Kathryn Curry Sent: Sunday, April 18, 2021 11:43 PM T0: Dmitry Stadlin Cc: JimmyJaCObs Subject: Tran v. Han - Notice of Ex Parte Hi Dmitry, This email is intended to provide notice that we will be filing an ex parte application on Tuesday to request that the hearing on your motion to quash be specially set for hearing on May 11, 2021, with the opposition and reply papers t0 be filed pursuant to statute (opposition papers due April 26 and reply papers due May 4). Please let us know by the end 0f Monday 'Ifyou will be opposing the request. Thankyou. Beat regards, Kathryn GCA LAW PANTHERS LkP Kathryn C. Curry, Partner 2570 W. El Camino Real, Suite 400 Mountain View, Cafifornia 94040 Main: (650) 428-3900