18-UDL-00044 RONDALD S. YOUNG vs. JOHNNY LEE, et al.

RONDALD S. YOUNG Sean P. Riley

JOHNNY LEE ERROL J. ZSHORNACK

JOHNNY AND JOSEPFINA LEE’S MOTION TO QUASH COMPLAINT

· GRANTED. Defendants JOHNNY LEE and JOSEFINA LEE’s unopposed Motion to Quash Summons and Complaint is GRANTED.

· Plaintiff RONALD YOUNG filed this unlawful detainer action to recover possession of the premises located at 2609 Wexford Avenue, South San Francisco, CA. Defendants JOHNNY LEE and JOSEFINA LEE were served with a 3-day Notice to Pay Rent or Quit on January 6, 2018. Defendants failed to comply and remain in possession of the premises. As of February 15, 2018, Plaintiff has not yet filed a proof of service of Summons and Complaint as to either Defendant.

· An automatic bankruptcy stay pursuant to 11 U.S. Code Section 362 is currently in effect, due to Defendants’ January 2, 2018 filing for Chapter 7 bankruptcy with the U.S. Bankruptcy Court for the Northern District of California, Case No. 18-30003. (Decl. Johnny Lee, ¶ 3.)

· The filing of Defendants’ bankruptcy petition on January 2, 2018 triggered an automatic stay of the commencement or continuation of any legal proceedings against them. Once a defendant files a motion to quash, the burden is on the Plaintiff to prove by a preponderance of the evidence the validity of the service and the Court’s jurisdiction over the defendant. Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991. Plaintiff has filed no opposition and has not done so.

· If the Tentative Ruling is uncontested, the Tentative Ruling shall stand as the Court’s ruling herein. Defense Counsel to prepare the necessary form of Order consistent with the ruling, and give Notice of Entry as required by law. Form of Order to be submitted directly to the Hon. Gerald J. Buchwald, Dept. 10.

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18-UDL-00037 RONDALD S. YOUNG vs. JOHNNY LEE, et al.

JUDE THADDEUS BORG, ATTY-IN-FACT JEROD HENDRICKSON

BLAKE aNTHONY ESQUEDA PRO/PER

PLAINTIFF’S MOTION TO COMPEL RESPONSES TO DISCOVERY

GRANTED. Plaintiff Jude Thaddeus Borg’s unopposed Motions to Compel Discovery Responses from Defendants Blake Esqueda and Denise Haver are Granted.

· This is a residential unlawful detainer action based on a sixty-day notice to quit. Plaintiff Borg moves to compel Defendants to respond to written discovery.

· On January 30, 2018, Plaintiff served Defendants with form interrogatories, and requests for production of documents. To date, Defendants have failed/refused to respond.

· Each Defendant shall provide verified responses, without objection, to the interrogatories and requests for production of documents within 5 days. The request for sanctions is also granted pursuant to CCP §§2030.290(c), and 2031.300(c). Each Defendant shall pay Plaintiff $147.50 within 5 days.

· If the Tentative Ruling is uncontested, the Tentative Ruling shall stand as the Court’s ruling herein. Defense Counsel to prepare the necessary form of Order consistent with the ruling, and give Notice of Entry as required by law. Form of Order to be submitted directly to the Hon. Gerald J. Buchwald, Dept. 10.

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18-UDL-00037 RONDALD S. YOUNG vs. JOHNNY LEE, et al.

JUDE THADDEUS BORG, ATTY-IN-FACT JEROD HENDRICKSON

DENISE HAVER PRO/PER

PLAINTIFF’S MOTION TO COMPEL RESPONSES TO DISCOVERY

GRANTED. Plaintiff Jude Thaddeus Borg’s unopposed Motions to Compel Discovery Responses from Defendants Blake Esqueda and Denise Haver are Granted.

· This is a residential unlawful detainer action based on a sixty-day notice to quit. Plaintiff Borg moves to compel Defendants to respond to written discovery.

· On January 30, 2018, Plaintiff served Defendants with form interrogatories, and requests for production of documents. To date, Defendants have failed/refused to respond.

· Each Defendant shall provide verified responses, without objection, to the interrogatories and requests for production of documents within 5 days. The request for sanctions is also granted pursuant to CCP §§2030.290(c), and 2031.300(c). Each Defendant shall pay Plaintiff $147.50 within 5 days.