Declaration In Support

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

10 11 12 13 14 15 16 17 18 19 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 Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/2/2021 10:11 AM Reviewed By: R. Tien Case #21 CV381 279 Envelope: 6973357 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED CIVIL CASE 1402 CAMDEN LLC, a California Limited Liability Company, Plaintiff, V . LIEM BUI, dba BEST CLEANERS Defendant. Case N0.: 21CV381279 DECLARATION OF ROBERT T. TANG IN SUPPORT OF DEFENDANT’S REPLY TO PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO SET ASIDE DEFAULT/VACATE DEFAULT JUDGMENT Date: August 20, 2021 Time: 9:15 am. Dept.: 4 Commissioner: Erik S. Johnson Complaint Filed: 04/27/2021 DECLARATION OF ROBERT T. TANG IN SUPPORT OF DEFENDANT’S REPLY TO PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO SET ASIDE DEFAULT/VACATE DEFAULT JUDGMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Robert T. Tang, declare: 1. DECLARATION OF ROBERT T. TANG IN SUPPORT OF DEFENDANT’S REPLY TO PLAINTIFF’S 2 OPPOSITION TO DEFENDANT’S MOTION TO SET ASIDE DEFAULT/VACATE DEFAULT JUDGMENT I am an attorney at law admitted to practice before all courts of the state 0f California. I have personal knowledge of each matter and the facts stated herein as the attorney for Defendant, LIEM BUI (“Moving Party”), and if called upon and sworn as a Witness, I could and would testify competently thereto. On June 17, 2021, Defendant and I attempted t0 have this motion heard eX-parte before June 23, 2021 and had appeared in this Court, however, Plaintiff’s counsel objected and demanded that matter be brought as a noticed motion under CCP 1005 rather than eX- parte. The motion was denied based on this objection. After the eX-parte hearing, I rushed t0 file this motion pursuant t0 CCP 1005 0n the same date and did not receive a notification from the clerk that it was accepted until July 13, 2021. A hearing dated was not assigned until July 19, 2021. Although the clerk inserted the hearing date as “08/04/2021”, the case information online 0f the Superior Court 0f California, County of Santa Clara’s website indicated that it was set for 08/1 1/2021. On or about July 20 0r 21, 2021, the clerk called my office t0 discuss the motion for shortening time that was concurrently filed With this motion. She indicated that there was an issue with issuing a hearing date for that motion. I indicated that the motion t0 shorten time was moot given that my hope of getting a hearing date before the Sheriff’ s eviction had passed. I also mentioned that the incorrect date that was assigned was too short and requested that the next available date be given to avoid the issue With timely serving a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 noticed motion. The clerk assigned a new date of August 20, 2021 and had returned the motion With this date on it on July 21, 2021. This was immediately served 0n Mr. Kirkman Hoffman on July 21, 2021, about 22 court days before the hearing. (See attached Exhibit 1) I dGCIare under penalty 0f perjury under the laws 0f California that the foregoing is true and correct, and that this Declaration was executed on July 30, 2021, at San Jose, California. éémt7‘mtfl4/ Robert T. Tang, Declarant DECLARATION OF ROBERT T. TANG IN SUPPORT OF DEFENDANT’S REPLY TO PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO SET ASIDE DEFAULT/VACATE DEFAULT JUDGMENT Exhibit 1 21CV381279 Santa Clara - Civil POS-OSOIEES-Fflfiflguez ATTORNEV 0R PARTY WITHOUT ATI'ORNEY: STATE BAR N0: 296544 FOR COURT USE ONLY NAME: . . FRM MME°bert T” Tang' Esq" Electronically Flled smeemnaess: 255 N. Market 8L, Suite 244 by Superior Court of CA, cm: San Jose STATE: CA 2w cone: 95110 County of Santa Clara, TELEPHONE No.: (408) 816-8098 FAX N04: on 7/21/2021 3:56 PM E-MAIL ADDRESS: roberttlaw‘l @gmail.com; roben@robentlaw.org ATTORNEV FOR(name): Liem Bui SUPERIOR COURT OF CALIFORNIA. COUNTY 0F SANTA CLARA STREETADDRESS:191 N. First Street MAIUNG ADDRESS: 1 91 N. First Street CITY AND ZIP conasan Jose 951 1 3 BRANCH NAME: Reviewed By: A. Rodriguez Case #21CV381279 Envelope: 6897698 CASE NUMBER: 2 1CV38 1279 JUDICIALOFFICER: Commissioner Erik S. Johnson PLAINTIFF/PETITIONER: 1402 Camden LLC DEFENDANT/RESPONDENT: Liem Bui DEPAR‘IMENT: 4 PROOF 0F ELECTRONIC SERVICE 1. I am at least 18 years old. a. My residence or business address is (specify): 255 N. Market St, Suite 244 San Jose, CA 951 10 b. My electronic service address is (specify): annie@robertt[aw.org Hearing Date: 08/20/2021 2. l electronicallx served the followinqdocuments (exact titles): NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULTNACATE DEFAULT JUDGMENT; AND POINTS AND AUTHORITIES E The documents served are listed in an attachment. (Form POS-050(D)/EFS-050(D) may be used for this purpose.) 3. l electronically served the documents listed in 2 as follows: a. Name of person served: Kirkman Hoffman. Esq. On behalf of (name or names of parties represented, if person served is an attorney): 1402 Camden LLC b. Electronic service address of person served : kirk@kirkhoffman.com c. On (date): 07/21/2021 E The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment. (Form POS-O50(P)/EFS-050(P) may be used for this purpose.) Date: 07/21/2021 l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Annie Lu ’ (TYPE OR PRINT NAME OF DECLARANT) Wm Page 1 of 1 Fonn Approved for Optional Use Judiual Comcfl of Califomla PososoIEFs-oso (Rev. Feoruary 1. 2017] PROOF OF ELECTRONIC SERVICE (Proof of ServiceIElectronic Filing and Service) Cal. Rules of Court, rule 2251 www.counacagov For your protection and privacy, please press the Clear This Form button after you have printed the form. I Print this form I I Save this form]