Declaration

Cal. Super. - 6th Dist.April 27, 2021

10 11 12 l3 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 ROBERT T. TANG, Esq., SBN 296544 The Law Office of Robert T. Tang 255 N. Market Street, Suite 244 San Jose, CA 951 10 (408) 816-8098 Attorney for Defendant, LIEM BUI, dba BEST CLEANERS . supedor Coun o! BY COUNTY OF SANTA CLARA UNLIMITED CIVIL CASE Case No.: 21CV381279 I ' l DECLARATION 0F LIEM BUI I 1N SUPPORT OF 1402 CANIDEN LLC, a California Limited Liability l EX PARTE APPLICATION Company, l RE MOTION TO SET ASIDE V. l ‘DEFAULT/VACATE DEFAULT. l JUDGLIENT; AND MOTION | FOR STAY OF EXECUTION Plaintiff, | v. l l LIEM BUI, dba BEST CLEANERS | Date: June 17, 2021 | Time: 9:00 am. I Dept: Defendant | Judge: I ComplaintFiled: 04/27/2021 K DECLARATION OF LIEMBUI IN SUPPORT OF EX PARTE APPLICATION REMOTION TO SET ASIDE DEFAULT/VACATE DEFAULT JUDGMENT; AND MOTION FOR STAYOF EXECUTION NJ ‘4 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, LIEM BUI, declare that: 1. DECLARATION OF LIEMBUI IN SUPPORT OF EXPARTE APPLICATION RE MOTION TO SET 2 ASIDE DEFAULTNACATE DEFAULT JUDGMENT; AND MOTION FOR STAY OF EXECUTION . I did not file a response to the summons and complaint because I was never served the I am the Defendant in this action and I am asking the court to stay the execution of the judgement. I am also asking the court to set aside the default that was entered in this action on May 25, 2021 and defaultjudgment was entered in this action on May 26, 2021. summons and complaint. Although the proof of service alleges that a “Vit Do” was served at my business (Exhibit 1), there is no such person known to me, however, on May 5, 2021 the date the documents were allegedly served, Thuy Do was working at the counter during the time the service took place. My normal business hours posted on my window is from 10:00 am. to 5 p.m. Ms. Thuy Do only works for me on Wednesdays and Fn'days when she does not have school and she is under the age of 18. On June 11, 2021, I was notified that a default judgment was entered in this action against me when I saw a notice from the Sherifl‘ taped to the door ofmy business. The wn'te of possession posted by the Sheriff indicates that I am to move out by June 23, 2021. I am unable to find a new place to relocate my business by this time. I would sufl‘er extreme hardship if I am asked to move out by June 23, 2021 as I would cause me additional loss ofincome on top of the loss ofincome that the pandemic has already caused me and may be liable for the delay in cleaning/retuming garments to his customers On June 15, 2021, I hired my current attorney, Robert T. Tang, Esq., to file a motion to stay the execution ofthe defaultjudgment and a motion to set aside the default/vacate the 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 14. 15. judgment because a review ofthe documents because the Five-Day Notice to Pay Rent or Quit indicates that I owe $39,000.00 for unpaid rent for the period of 9/1/2020 through 4/30/2021. From 9/1/2020 through 4/30/2021, I only owe $13,000.00. On April 2020, due to the pandemic, my business income was substantially afi‘ected and I began to be unable to make rent payments. On or about June 23, 2020, “George”, the CEO of 1402 Camden LLC, ofi‘ered to reduce my rent to $3,000.00 from April 1, 2020 through December 3 1, 2020 if I immediately paid him $9,000.00. I did not have $9,000.00, however, I asked if I could make two payments of $4,500.00 each. He agreed. Therefore, I paid him $4,500.00 on June 30, 2020, I tendered to checks in the amount of $4,500.00 each. On July 7, 2020, I emailed George to confirm our agreement, that I was to only pay $3,000.00 a month from 4/1/2020 to 12/3 1/2020. I also sent an email the same day to follow up on my email. He did not respond. In hindsight, I might over paid him $3,000.00 during this entire period. For December 2020, I did not pay rent because George had infomed me that he had received a check in the amount of $15,000.00 from America’s SBDC for rental assistance on behalf of Defendant. Given that the agreed upon rent for December was $3,000.00, as of January 1, 2021, there was a credit of $12,000.00 left. From January 1, 2021 through April 30, 2021, the rent was back to $6,250.00 per month for a total of $25,000.00 for this period. With the credit of $12,000.00, the actual total payment due as of April 30, 2021 is $13,000.00 and not $39,000.00 as indicated on the Five-Day Notice to Pay Rent or Quit. DECLARATION OF LIEM BUI 1N SUPPORT OF EX PARTE APPLICATION REMOTION TO SET 3 ASIDE DEFAULT/VACATE DEFAULT JUDGMENT; AND MOTION FOR STAYOF EXECUTION 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 I declare under penalty of pteury under the laws of Califomia that the foregoing is true and correct, and that this Declaration was executed on June 15, 2021, at San Jose, California. Liem Bui, Declarant DECLARATION OF LIEMBUI IN SUPPORT OF EX PARTE APPLICATION REMOTION TO SET ASIDE DEFAULTNACATE DEFAULT IUDGMENT; AND MOTIONFOR STAY OFEXECUTION Exhibit 1 Electronically filed KIRKMAN J. HOFFMAN, SBN 148663 408/241-9620 by Superior Court 0f CA. THE HOFFMAN LAW GROUP County of Santa Clara, 2021 THE ALAMEDA. SUITE 27s on 5/25/2021 10:22 AM SAN JOSE, CA 95126 Reviewed By:M Vu SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANT C case #21 CV381 279 . A LARA PROOF 0F SERVICE Env #651 361 7 I402 CAMDEN vs. BU: CASE NUMBER: 21 cv 381279 At (he lime of service l was at least 18 years ofage and not a party to this action. 2. lserved copies of: SUMMONS; COMPLAINT-UNLAWFUL DETAINER; PLAINTIFF’S MANDATORY COVER SHEET AND SUPPLEMENTAL ALLECATIONS-UNLAWFUL DETAINER 3. a. Party Served: LIEM BUI,DBA BEST CLEANERS b. Person Served: 4. Address: 2854 ALUM ROCK AVENUE SAN JOSE,CA 95127 5. I sewed the party: a. By personal service. l personally delivered the documents listed m item-7 to thc party or person authorized to receive service of process for the party. 0n: M: b. XX By substituted service: l lefi the documents listed in item 2 with or in lhe presence of: VIT DO 0n: 05/05I2l At: ll:50 A.M. LXX (Business) A person at least 18 years ofage apparently in charge at the office or usual place of business ofthe person to bc served. l stated the general nature ofthe papers. 2. (Home) A Competent member ofilhe household (at least 18 years ofage) at the dwelling house or usual place 0f abode for the party. l stated the general nature ofthe papers. 3. (Physical Address‘Unknown) A person at least l8 years ofage apparently in charge al the usual mailing address of the person to be served. I stated the general nature of the papers. 4. XX By First Class Mail Postage Prepaid l mailed copies to the person served at the place where the copies were left (Civil Code Proc. Section 4 l 5.20). 0n: 05/05/21 From: SANTA CLARA COUNTY 5. | attach a declaration of diligence stating actions taken to attempt personal service. c. By mail and acknowledgment of receipt of service. (Civil Code Proc. Section 4 l 5.30) On: From: d. By other means: 6. The "notice to the Person Served was completed as follows. a.XX as an individual b.XX as the person sued under the flctitious'name of: BEST CLEANERS c. as occupant ' d. On behalt of. Under the following Code of Civil Procedure section: 406. IO (corporation) 4 |_6.20 (defunct corporation) 4 l 6.60 (minor) 4 I 5.95(busincss. I‘onn unknown) 4 16.30 (joinl slock co.) 416.40 (assoc. or partnership 4 [5.46 (occupant) 416.90 (authorized person) 41650 (public enlily) Olhcr: 416.70 (ward or conscrvatee) PERSONAL PROCESS Registered Process Server Number 904 County of ALAMEDA 1084 Meridian Avenue. San Jose. CA 95 I25 (408)266-2599 l declare under penalty of pegury under the laws ofthe Smte of (‘allfomnat’ ‘ . ' ' hat! e ' regoing is true and correct. Dane: 05/05/2021 , &\IMSON KIRKMAN J. HOFFMAN, SBN 148663 . 408/241-9620 THE HOFFMAN LAW GROUP 2021 THE ALAM'EDA, SUITE 275 SAN JOSE, CA 95126 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA DECLARATION 0F DlLlGENCE I402 CAMDEN VS. BUI . CASE NUMBER: 2! CV 381279 l, the undersigned under penalty of perjury in the Slate ofCalifornia, hereby declare that I am and was on the dates herein mentioned over the age ofeighteen years of age and not a party to the action. After due search and diligent inquiry l have been unable to effect service on the within name SUMMONS; COMPLAINT-UNLAWFUL DETAINER; PLAINTIFF’S MANDATORY COVER SHEET AND SUPPLEMENTAL ALLEGATIONS-UNLAWFUL DETAINER A. Party Served LlEM BUI,DBA BEST CLEANERS B. Address: 2854 ALUM ROCK AVENUE SAN JOSE, CA 95127 0N 05/04/2021 AT 5:00 P.M. ll attempted to serve the defendant at the above address, but defendant was not available. ON 05/05/2021 AT 8:35 A.M. I attempted to serve the defendant at the above address, but defendant was not available. 0N 05/05/202] AT 11:50 A.M. I attempted to serve the defendant at the above address. but defendant was not available. l talked to: VIT DO I explained the general nature ofthc documents and asked that they be given to the defendant. PERSONAL PROCESS Registered Process Server Number 904 County of SANTA CLARA [084 MERIDIAN AVENUE, SAN JOSE, CA 95125 (408)266-2599 l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 05/05/202] g; 2 K. NSON Judicial Council form POS-Ol 0 Rulc 982.9(u)&(b) Rev. January I. 2007