Motion Other

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 21 CV381279 Santa Clara - Civil ROBERT T. TANG, Esq., SBN 296544 E'ec"°"'°a"y F"ed The Law Office 0f Robert T. Tang by SUpenor court Of CA, 255 N. Market Street, suite 244 County 0f Santa Clara, San Jose,CA 95110 0n 6/17/2021 4:10 PM (408) 816-8098 ReVIewed By: M. Sorum Case #21 CV381 279 Attorney for Defendant, Envelope: 66741 03 LIEM BUI, dba BEST CLEANERS SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED CIVIL CASE Case No.2 21CV381279 | 1402 CAMDEN LLC, a California Limited Liability | NOTICE OF MOTION AND Defendant. Commissioner: Erik S. Johnson Company, | MOTION FOR ORDER FOR | SHORTENING TIME | | Plaintiff, | V. | | LIEM BUI, dba BEST CLEANERS | Date: T.B .D. | Time: 9:00 am. | Dept; 4 | | | | | Complaint Filed: 04/27/2021 TO PLAINTIFF AND ITS ATTORNEY OF RECORD: NOTICE IS HEREBY GIVEN THAT 0n hearing date t0 be determined (T.B.D.) 0r as soon thereafter as the matter may be heard, in Department 4 0f this Court, located at 191 N. First Street, San Jose, CA 951 13, Defendant LIEM BUI (“Defendant”) will hereby move for an order shortening time to hear Defendant’s motion to set aside the default and vacate the default judgment. The motion will be made 0n the grounds that Defendant was informed by the Santa Clara County Sheriff that a they are t0 vacate the premises by next Wednesday, 0n June 23, 2021. NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING OF TIME M. Sorum 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The motion will be based on this notice of motion; the declaration of Robert T. Tang; the declaration of Liem Bui; and the memorandum concurrently filed herewith, 0n the records and file herein, and 0n such evidence as may be presented at the hearing 0f the motion. NOTICE OF TENTATIVE RULING SYSTEM The Court follows CRC 3.1308(a)(1) for those departments that have elected t0 issue tentative rulings in civil law and motion and discovery matters. Counsel and litigants are responsible for determining whether the department hearing their motion has made this election. Those departments issuing tentative rulings Will d0 so generally by 2:00 p.m., and no later than 3:00 p.m., 0n the court day preceding the scheduled hearing. If the Court has not directed oral argument, a party contesting a tentative ruling must give notice 0f its intention t0 appear t0 the other side and the Court n0 later than 4:00 p.m. 0n the court day preceding the scheduled hearing. Appearances may be made by telephone (through CourtCall) 0r in person. The tentative ruling Will automatically become the order of the Court 0n the scheduled hearing date if the Court has not directed oral argument and if the contesting party fails to timely notice an obj ection t0 the other side and the Court. Tentative rulings Will be posted 0n the Court's website, www.scscourt.org, where further information may be found. If a party does not have access to the internet, the tentative ruling may be accessed by calling Court Services at (408) 882-2515. Questions about these procedures may be addressed t0 the specific department Where the matter is t0 be heard. Dated: June 17, 2021 ééflt’é ac?Robert T. Tang Attorney for Defendant, LIEM BIUI, dba BEST CLEANERS NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING OF TIME 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION This motion is made 0n the basis that there is not sufficient time t0 provide Plaintiff With the 16 court days before a hearing date because the Defendant was served with notice from the Santa Clara County Sheriff that he is t0 move out by June 23, 2021, 6 days from the submission of this motion. (Declaration of Liem Bui in Support of Motion t0 Set Aside Default/Vacate Default Judgment; and Motion for Shortening of Time, fl 7) II. LEGAL AUTHORITY/ARGUMENT Code Civ. Proc. § 1005 prescribes the times for written notice of motions and for the service and filing 0f supporting and opposing papers. Code Civ. Proc. § 1005(b), however, provides that "[t]he court, or a judge thereof, may prescribe a shorter time" than otherwise prescribed in §1005. California Rules 0f Court, rule 3.1300(b) states: The court, 0n its own motion 0r on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the time specified in Code of Civil Procedure section 1005. As previously stated, Defendant was served With notice from the Santa Clara County Sheriff that he is to move out by June 23, 2021, 6 days from the submission of this motion, therefore, good cause exists t0 shorten time for hearing Defendant’s motion to set aside the default and vacate the default judgment against him. III. CONCLUSION NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING OF TIME 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the foregoing reasons, the Court should grant Defendant’s motion to shorten time t0 for hearing Defendant’s motion t0 set aside the default and vacate the judgment entered in this action on May 26, 2021. Date: June 17, 2021 éémt’fz ac?Robert T. Tang Attorney for Defendant, LIEM BUI, dba BEST CLEANERS. NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING OF TIME