Memorandum At Issue

Cal. Super. - 6th Dist.April 29, 2021

UD-1 50 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): _BLANK ROME LLP Gregory M. Bordo (SBN 156147); Christopher J. Petersen (SBN 251439) 2029 Century Park East, 6th Floor Los Angeles, CA 90067 TELEPHONE No.2 424.239.3400 FAX N0. (Optional): 424.239.3434 E-MAIL ADDRESS (Optional): cjpetersen@blankrome.com ATTORNEY FOR (Name): Plaintiff, Weingarten Relaty Investments Elect by S Cour on 5/ Revi FOR COURT USE ONLY 'ronically Filed Jperior Court of CA, Ity of Santa Clara, 18/2021 1:35 PM =wed By: M Vu SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, 951 1 3 BRANCH NAME: Downtown Superior Court Case Enve PLAINTIFF: Weingarten Realty Investments, a Texas real estate investment trust DEFENDANT: Supercuts, |nc., a Delaware corporation #21 CV381 300 lope: 6467751 X REQUEST D COUNTER-REQUEST TO SET CASE FOR TRIAL-UNLAWFUL DETAINER Plaintiff D Defendant CASE NUMBER: 21 CV38 1 300 1. E Plaintiff's request. | represent to the court that all parties have been served with process and have appeared or have had a default or dismissal entered against them. | request that this case be set for trial. 2. Trial preference. The premises concerning this case are located at (street address, apartment number, city, zip code, and county): 5138 Stevens Creek Boulevard, San Jose, 95129, County of Santa Clara a. E To the best of my knowledge, the right to possession of the premises is still in issue. This case is entitled to legal preference under Code of Civil Procedure section 11798. b. D To the best of my knowledge, the right to possession ofthe premises is no longer in issue. No defendant or other person is in possession of the premises. 3. Jury or nonjury trial. | request D ajurytrial X a nonjurytrial. 4. Estimated length of trial. | estimate that the trial will take (check one): a. D days (specify number): b. E hou rs (specify if estimated trial is less than one day): 1-2 5. Trial date. | am not available on the following dates (specify dates and reasons for unavailability): UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415) 6. (Complete in all cases.) An unlawful detainer assistant E did not D did for compensation give advice or assistance with this form. (If declarant has received any help or advice forpay from an unlawful detainer assistant, complete a-f.) a. Assistant's name: b. Street address, city, and zip code: @519 Telephone no.2 Registration no.: County of registration: f. Expires on (date): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: May 18, 2021 > %Christopher Petersen (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE for trial is made (Code Civ. Proc., § 1170.5(a)). o An unlawful detainer case must be set for trial on a date not later than 20 days after the first request to set the case o If a jury is requested, $1 50 must be deposited with the court 5 days before trial (Code Civ. Proc., § 631 ). o Court reporter and interpreter services vary. Check with the court for availability of services and fees charged. o If you cannot pay the court fees and costs, you may apply for a fee waiver. Ask the court clerk for a fee waiver form. Form Adopted for Mandatory Use REQUESTICOUNTER_REQUEST T0 SET CASE Judicial Council of California UD-150 [New January 1,2005] FOR TRIAL-UNLAWFUL DETAINER Page 1 of 2 Code of Civil Procedure, §§631, 1170.5(a), 1179a www.courtinfo.ca.gov Vu PLAINTIFF:Weingarten Realty Investments, a Texas real estate investment trust CASE NUMBER: - 21CV381300 DEFENDANT: Supercuts, |nc., a Delaware corporation PROOF 0F SERVICE BY MAIL Instructions: After having the parties served by mail with the Request/Counter-Request to Set Case for TriaI-Unlawful Detainer, (form UD-150), have the person who mailed the form UD-150 complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with form UD-150. Give the Request/Counter-Request to Set Case for Trial -Un|awfu| Detainer (form UD-150) and the completed Proof of Service by Mail to the clerk for filing. lfyou are representing yourself; someone else must mail these papers and sign the Proof of Service by Mail. 1. | am over the age of 18 and not a party to this case. | am a resident of or employed in the county where the mailing took place. 2. My residence or business address is (specify): 2029 Century Park East, 6t“ Floor, Los Angeles CA 90067 3. | served the Request/Counter-Request to Set Case for TriaI-Unlawful Detainer (form UD-1 50) by enclosing a copy in an envelope addressed to each person whose name and address are shown below AND a. D depositing the sealed envelope in the United States mail on the date and at the place shown in item 3c with the postage fully prepaid. b. X placing the envelope for collection and mailing on the date and at the place shown in item 30 following ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. c. (1) Date mailed: May 18, 2021 (2) Place mailed (city and state):Los Angeles, California | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Date: May 18, 2021 3;. E Charman S. Bee } (hat WWW] J @JL (TYPE OR PRINT NAM E) (SIGNATURE OF PERSON WHO MAILED FORM UD-150) NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED Name Address (number, street, city. and zip code) 4. Seth W. Weiner 609 Karina Ct., San Ramon, CA 94582 Law Office of Seth W. Weiner 5. 6. 7. 8. 9. D List of names and addresses continued on a separate attachment or form MC-025, titled Attachment to Proof of Service by Mail. ”D'15°[“9WJ“‘"“3” “20°51 REQUESTICOUNTER-REQU EST To SET CASE Fag“ °f2 FOR TRIAL-UNLAWFUL DETAINER