Declaration

Cal. Super. - 6th Dist.December 29, 2017

G. Seth Mitchell, Esq.; SBN: 240889 LAWOFFICES OF SCOTT WARMUTH,APC 17700 Castleton St. ¹168 City of Industry, CA 91748 Telephone: (626) 282-6868 Facsimile: (626) 642-0808 Attorneys for Plaintiff JOAQUIN DUARTE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA-DOWNTOWN SUPERIOR COURT 10 12 13 14 15 16 17 18 19 JOAQUIN DUARTE, Plaintiff, vs. URIEL MEZA; MANUELMENDOZA;and DOES I to 10, Inclusive, Defendants. I, Gregory Seth Mitchell, declare: DECLARATIONOF G. SETH MITCHELL IN SUPPORT OF REQUEST FOR COURT'S DEFAULTJUDGMENT ) Case No.: 17CV321213 ) ) Assigned to Hon. Peter H. Kirwan -Dept. 19 ) ) ) ) ) ) COMPLAINTFILED: DECEMBER 29, 2017 ) TRIALDATE: NONE SET ) ) ) 20 21 22 23 24 25 26 27 I. I am an associate attorney for the Law Offices of Scott Warmuth, APC, attorneys of record for Plaintiff, Joaquin Duarte. I have personal knowledge of the matters stated in this declaration. Ifcalled upon, I could and would competently testify about the contents of this declaration. 2. PlaintiffJoaquin Duarte ("Plaintiff') filed this lawsuit on December 29, 2017 to seek damages arising out of a motor vehicle v. pedestrian accident that occurred on January I, 2016 at the intersection of Phelan Avenue and McLaughlin Avenue, San Jose, California 95122. Plaintiffalleged that the accident was caused by Defendant Manuel Mendoza's ("Defendant" ) negligent operation of the motor vehicle by driving through an intersection with a red light and struck plaintiff. Plaintifffurther alleged that DECLARATIONOF G. SETH MITCHELLIN SUPPORT OF REQUEST FOR COURT'S DEFAULTJUDGMENT Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/3/2019 5:10 PM Reviewed By: D Harris Case #17CV321213 Envelope: 2962076 17CV321213 Santa Clara - Civil D Harris he sustained serious personal injuries as a result of the subject accident. A true and correct copy of the Complaint is attached hereto as Exhibit "A". 3. On January 9, 2018, Plaintiffserved a copy of the Summons and Complaint to Luis Pineda (co-occupant) on behalf ofDefendant Manuel Mendoza. A true and correct copy of the Proof of Service of Summons is attached hereto as Exhibit "B". 4. On March 31, 2018, Plaintiffpersonally served a copy of the Statement of Damages to Defendant. A true and correct copy of the Proof of Service is attached hereto as Exhibit "C". 5. On May 17, 2018, Plaintifffiled a Request for Entry ofDefault and Statement ofDamages upon Defendant. A true and correct copy of the Request for Entry of Default and Statement of Damages is 10 attached hereto as Exhibit "D". 6. To date, no appearance has been made by Defendant Mendoza in this Action except one 12 13 physical appearance at the hearing on Tuesday, September 18, 2018 after the default was entered. 7. Therefore, Plaintiffrespectfully requests entry ofJudgment in Plaintiffs favor in the 15 16 following total amounts: ~ Emotional Distress: ~ Medical Expenses: $ 2,000,000. 00 $ 65,000.00 17 ~ Legal Costs - Service on Defendants and Filing Fee: $ 637.85 Total: $ 2,065,637.85 19 20 I declare under penalty ofperjury under the laws of the State fCalifornia that the foregoing is true and correct, and that this declaration was executed on this) day of June, 2019 in the County of Los 21 22 23 24 25 Angeles, California. 8 Ãr~2 G. SETIfP*cPL'L/ 26 27 28 DECLARATIONOF G. SETH MITCHELLIN SUPPORT OF REQUEST FOR COURT*S DEFAULTJUDGMENT EXHIBIT"A"HIBIT “ ” FAKNO.(optknefs (626) 642-0808 ATToRNEYoR pAFITY WITNDUTATTDRNEY (Nmk. Bfefs B n wkn end add snip G. Seth Mitchell, Esq., State Bar No. 240889 Lsw Offices of Scott Vfarmuth, APC 17700 Castleton Street, Suite 168 City of Industry, CA 91748 &LEPNDNEND (626) 282 6868 E MAILAODREB6 (Opt(rind( ATTDRNEYFoR (Mama(: Plaintiff, Joaquin Duarte sUPERIUR coURT oF cAUFoRNIA, coUNTY oF Santa Clara BTREETADDREBB: 191 N, First Street MAIUNGADDREBB. 191 N. First Street cITYANDZIpcooF- San Jose 951)3 BRANON wwE. DOWntOWn SuperiOr COurt PLAINTIFF: Joaquin Duarte EIUDQRSEI3 FILED PLD42I4igt 20il Ofl'lE(""Ã0 50 CLEPIK Ci )OE!;OJURT BUPERIO(i COLIBT OF CA BY 'DEPUTYCOUR(I(Y @~TA CLARA DEFENUANT: Uriel Meza; Manuel Mendoza; and - 17 C V 3 8 2 ~(al IS DOES I TO 10 Inclusive COMPLAINT-Personal Injury, Property Damage, Wrongful Death~ AMENDED (Number)( Type (check sll that apply): ~P MOTOR VEHICLE ~ OTHER (specify): Properly Damage ~ Wrongful Death Personal Injury ~ Other Damages (speclflr)( Jurisdiction (check ag thar apply)( CASE NUMBER.~ ACTION IS A LIMITEDCIVILCASE Amount demanded ~ doss not exceed 510,000~ exceeds 510,000, but does not exceed 525,000 ACTION IS AN UNUMITEDCIVILCASE (exceeds 525,000)~ ACTION IS RECLASSIFIED by this amended complaint~ from gmged to ungmited~ from ungmlted to gmltad t. Plslnttff(nsmsornemes): JoaquinDuarle alleges causes of adion against defendant (name or names): EUriel Meza; Manuel Mendoza; and DOES I to 10 Inclusive 2. This pleading, indudlng sltschments and exhibits, consists of Ihe following number of pages: 5 3. Each plainN( named above is s competent adult e. ~ except plaintiff (name)f (1) ~ a corporation qualified to do business in California (2) C3 an unincorporated entity (descnbe)f (3) ~ a public entity (describe)f (4) ~ a minor ~ an adult (e) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) ~ other (specify)( (5) ~ other (specify): b. ~ except plaintllf (nsme)( (1) ~ s corporation qualified to do business in California (2) ~ an unincorporated entity (describe)( (3) ~ a public entity (dsscn'be)( (4) ~ a minor ~ an adult (s) ~ for whom e guardian or conservator of Ihe estate or s guardian sd litem hss been appointed (b) ~ other (specify)( (5) ~ other (specify): ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Farm Apprmmf far Oplanral Uae COMPLAINT-Personal Injury, Property4 skier Cn nnl af Caldmsn PLDPIGPI IRev. J annals I, 2enfi Damage, Wrongful Death P pe 1 sf 2 Cade sfCMPmnedme 642612 ark.a nn en. e.pn SHORT TITLE: Joaquin Duarte v. Uriel Meza, et a). CASE NUMSER. PLD-PI-001 4. ~ Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. ~ except defendant (name)f (1) ~ a business organization, form unknown (2) ~ s corporation (3) ~ an unincorporated entity (descn'bej: c. ~ except defendant (nsme): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe)f (4) ~ a public entity (describe): (5) ~ other (specify)f (4) ~ a public entity (describe): (5) ~ other (specify): b. ~ except defendant (name)i (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe)f d. ~ except defendant (nsme): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descn'be): (4) ~ a public entity (describe). (5) ~ other (specifyji (4) ~ a public entity (describe): (5) ~ other (specify)f ~ Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff. a. ~P Doe defendants (specify Doe numbers): I-5 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. ~P Doe defendants (specify Doe numbers): 6-10 are persons whose capacities are unknown to plaintilf.~ Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This courl is the proper court because s. ~ at least one defendant now resides in its jurisdictional area. b. ~ the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. ~P injury to person or damage to personal property occurred in its jurisdictional area. d. ~ other (specify): 9. ~ Plaintiff is required to comply with a claims statute, and a. ~ has complied with applicable claims statutes, or b. ~ is excused from complying because (specifyj: PLO-Pl-001IRP Jaaaav 1. 200ri COMPLAINT-Personal Injury, Property Damage, Wrongful Death Paa* 2 ai 3 SHORT TITLE: Joaquin Duarte v. Uriel Meza, et al. CASE NUMBER PLD-PI401 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes ofaclion attached): a. ~v Motor Vehicle b. ~e General Negligence c. ~ Intentional Tort d. ~ Products Liability e. ~ Premises Liability 1. ~ Other (specify): Plaintiff has suffered a. ~v wage loss b. ~v loss of use of property c. ~M hospital snd medical expenses d. ~M general damage e. ~P property damage f. ~v loss of earning capacity g. ~ other damage (specify)f 12. ~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. ~ listed in Attachment 12. b. ~ as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 12L 15. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) ~M compensatory damages (2) ~ punitive damages The amount of damages is (in cases forpersonal injury or wrongful death, you must check (1)): (1) ~< according to proof (2) ~ in the amount of; 0~ The paragraphs of this complaint alleged on information and belief are as follows (specifif paragraph numbers): Date: Decemberg 2017 G. Seth Mitchell, Esq. nYPE OR PRINT NAME) PLO.PL001(R 3 0 0 f. 200n (tIONATUykjiF PLAINTIFF OR ATTORNEYi( COMPLAINT-Personal injury, Property ]jDamage, Wrongful Death PASO 3 oI 3 SHORT TITLE: Joaquin Duarte v. Uriel Meza, et al. CASE NUMBER PL D-PI4101(1) FIRST CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENTTO K Complaint C] Cross - Complaint (Use e separate cause or action form for each cause of action.) Plaintiff (name): Joaquin Duarte MV- 1. Plaintiff a(tages the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date): January I, 2016 at (place): Intersection ofPhelan Avenue and McLaughlin Avenue, San Jose, CA 95122 MV-2 DEFENDANTS a. ~M The defendants who operated a motor vehicle are (names)f Manuel Mendoza K Does I to 5 b. HP The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Uriel Meza Z3 Does 6 to 10 c. C~] The defendants who owned the motor vehicle which was operated with their permission are (names): Uriel Meza K Does 6 to 10 d. ~M The defendants who entrusted the motor vehicle are (names): Uriel Meza Does 6 to 10 e. ~P The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (nemes): Manuel Mendoza and Uriel Meza K~3 Does I to 5 f. ~ The defendants who are liable to plaintiffs for other reasons and the reasons for the liabilityare listed in Attachment MV-2f ~ as follows; Does to Page 4 0 Appm eo fAP opl I uee Juu IC oolofCelfo 8 PLO-Pluel(1)(Re Je 8 01,2007] CAUSE OF ACTION-Motor Vehicle Pope i fl 0& fC IPo 8 e42512 M oo 0 0 4808 SHORT TITLE: Joaquin Duarte v. Uriel Meza, et al. CREE NUMBER P LD-PI-001(2) SECOND CAUSE OF ACTION-General NegligenCe Page 5 (number) ATTACHMENTTO ~M Complaint ~ Cross - Complaint (Use a sepsrsie cause of sclfon form for each cause of action.) GN-1. Plaintiff (name)f Joaquin Duarte alleges that defendant (nsms): Manuel Mendoza and Uriel Meza K Does I to 10, Inclusive was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to acl, defendant negligently caused the damage lo plaintiff on (dale): January I, 2016 at (piscs): Intersection ofPhelan Avenue and McLaughlin Avenue, San Jose, CA 95122 (description of reasons for lisbi/ify): Defendants owned, operated, and/or employed the operator of the motor vehicle, and the operator so negligently and carelessly operated the motor vehicle that they breached their duty of care by driving too fast and unreasonable for the conditions, failing to stop at a red light, striking plaintiff with his vehicle and failing to stop the vehicle at the scene of the accident, in violation of California Vehicle Code Section 21453{a), 22350 and 20001, which directly and proximately caused damage and injuries to plaintiff. Defendants were engaged in a felony hit and run and fled the scene, which traumatized Plaintiff emotionally and delayed his medical treatment. Defendants acted despicably with conscious disregard for the safety of others and the community. amma»Nor dfo Oooo aluae J dloalCou cil fCNfo m I Lo-PICBR2) lRe J» a 2 1. 20071 CAUSE OF ACTION-General Negligence P 0 I of1 Code»f 0 IIP ocedur»42512 mu co fur)0 ce 0 EXHIBIT"B"HIBIT “ ” AYF/NNEYORPBR1YNIINOOIA/IORNEYIN,SI 1*OP ~.BNI dd Mi'. Seth Mitchell, 240889 The Law Offices of Scott Warmuth. A.P.C. 17700 Cestleton Street, Suite 168 Citv of Industry, CA 91748 FELS~REND: (626) 2826868 Ext 174 PYYDRNEYFDFIIN I Plaintiff SUPERIOR COURT OF CALIFORNIA,OOUNTY OF Superior Court of California, Santa Clara County 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF/PETITIQNER. Joaquin Duarte DEFENDANT/REsPDNDENT: Uriel Meza, et al. PROOF OF SERVICE OF SUMNIONS FM) t/ IPF cP/gszotg" yo'R dodrd'vbB 5111'v 2$ l8 JAN Ib A 0 I'I CI.ERR OF Tl(R CO(IRT SURF!llOR COOUT O; RC//~ COI/ATA()trSAgl!,",CI./,R/I8/ OIRFI/'I'7 DAm NUMBER -17CV321213 RMN FJ N 34820 1. AI Ihe time of service I was a otizen of the United States, at least 18 Years of aqe snd nol a peny to this action. D I KALA 2. I served comes of. Complaint, Civil Case Cover Sheet, Summons, Notice of Case Management Conference, Alternative Dispute Resolution Information Sheet 3. e. Party served: Manual Mendoza b. person served: Luis pineda - Co-Occupant s. Address where the party was served: 57 East First Street Morgan Hdl, CA 95037 I left the documents fisted in item 2 with or 5. I served Ihe party b, by substituted service. On(dele): 01/09/2018 alitime): 9 09AM in the presence of: Luis Pineda - Co-Occupant (2) (home) e competent member of Ihe household (st least 18 years of ege) st the dweaing house or usual place ot abode of Ihe party. I informed him or her of Ihe general nature of the papers. (E) A dsddsrseon of mailing Is attached. (5) i attach s dederation of diligence stabng acbons taken firsl to attempt personal service. 6. The "Notice lo the Person Served" (on \ho summons) wss completed es follows; a. as an individual defendanL 7. Person who served papers e. Name: Suzanne Townsend b. Addmss; One Legal 194 Mann 504 Redwood Blvd ff223 Novato, CA 94947 c. Telephone number: 415-491-0606 d. The fee for service wee: $ 81.90 e. Iem: (3) registered california process server. (ij Employee or independent contractor. !ii) Renistraiion No. (iii) County I/~ PROOF OF SERVICE OF SUMMONS is/DNRFVREI N ON P JN FNF, I 11'1.10FN Rd PNSINM MNmv d JPBd IC BIND if POSD1S IR .. J 1. Fddn OLS 11625E50 s. I declare under DBRBltv oi penury under the Isws of Ihe United slates or Amsr/os ERE Ihe stats of california Ihsi the forsqDiRq is true BRd oorr)r fNBME OF PERSON WND SERVED PAPE itS ATIONIEYOR PARTYNITHOIITATTORNET (N em ruin o G. Seth Mitchell, 240889 The Law Offices of Scott Warmuth, A.P.C. 17700 Castleton Street City of Industrv, CA 91748 ATTQRNE.ponine ei: Plaintiff pu piwul.l epuewwc enpd Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 pLlrwrlrpr Joaquin Duarte OEPSNOANf: Uriel Meza, et al. DECLARAllONOF DIUGENCE IE LEPHONE NO (626) 2826868 Ext 174 RLN Nrr N 3482C V 3 TVh/ tTI(h.tHP. r ' 3 t,rdnbotxrrhdsoxcv I)) j)(N lb A ~'tot):. „.g.; T - ITCV321 21 3 I received the within process on 1/2/2019 and that after due and diligent effort I have been unable to personally serve said party. The following itemization of the dates end times of altempts details the efforts required to effect personal service. Additional costs for diligence are recoverable under CCP 91033.5 (a)(4)(B). PARTY ssnveor Manuel Mendoza (1)Home: 57 East First Street,, Morgan Hill, CA 95037 BY FAX As enumerated below: On 1/5/2018 6:45:00 PM at address (1) above. No Answer Tried residence, no response at door. On 1/6/2018 12:42:00 PM at address (1) above. No Answer Tried residence, no response at door, On 1/9/2018 9:09:00 AM at address (1) above. No Answer Tried residencee not in per male. Registered California process server. County: Registration Nod Suxsnne Townsend One Leosl - 1944uerin 504 Redwood Blvd 4223 Novsto, CA 94947 I dedere under penally ct perjury under Ihs laws of the united slstes ol Ainsrics snd Ihe stale of cslifcmie insl Ihe foregoing is true snd correct end Ihsl this dedsrstron wss executed on oiftof2018 st Los Angeles, celifomlu. I / Ot. ¹ 11525450 ATTORNEY OR PARTY Wl TROUT ATTORNEY »News NN Add ussr G. Seth Mitchell, 240889 The Law Offices of Scott Warmuth, A.P.C. 17700 Castleton Street City of Industry, CA 91748 AT»oRNEYFQR»NF er PlaintN seedwesorooul,NNeseleede s ~~,s w. Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PlAIMIFR Joaquin Duarte OEFENOANT: Uriel Meza, et al. TELEPNONE NO (626I2826868 Ext 174 Re».N Rl N 34820 FOR COURT UEE ONLY ]-»'TLLTFIa/QT| P I-T» l(III) JAN lb A l: l1 CLEITK OF THE C0(IRT rlpcilyv PROOF OF SERVICE BY MAIL ! CASE NUNEER: -17CV321213 BY FAX I am a citizen of the United States, over the age of 15 and not a parly to the within action. My business address is 504 Redwood Blvd., Suite 223 Novato, CA 94947. On 01/1 0/2015, after subsiituted service unde." section CCP 415.20(s) or 415.20(b) or FRCP 4(e)(2)(B} or FRCP 4(h)(1)(B) wss made (if applicabls), I mailed copies of the: Complaint, Civil Case Cover Sheet, Summons, Notice of Case Management Conference, Alternative Dispute Resolution Information Sheet to the person to be served at the place where the oopies were left by plsdng s true copy thereof en»fused in a sealed envelope, with First Class postage thereon fullyprepaid, in the United States Mail al Los Angeles, California. addressed as follows: Manual Mendoza 57 East First Street Morqan Hill, CA 95037 I am readily familiar with the firm's practice for collection and processing of documents for musing. Under that practice, It would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, In the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date ls more than one (1) dsy after date of deposit for mailing in affidavit. Fee for Service: $ 81.90 I declare under penalty of perjury under the laws of the united states of America ssd the state of California that the foregoing is true snd correct End that this declaration wss executed on 01/10/2018 at Los Angeles, California. One Legal - 194-Marin 504 Redwood Blvd ¹223 Noveto, CA 94947 Venus Boone OL¹ 11525450 EXHIBIT"C"HIBIT “ ” 17CV321213 Santa Clara -Civil G. Reyes A G sUPERloR coURT 0F GALIFoRNIA,coUNTY QF Santa Clara sTREET ADDREss I 9 I North First Street MAILINGADDREss 191 North First Street cITYANDzlpcoDE San Jose 951 I GRANcH NAME. Downtown Superior Court pt(UN7(FF: Joaquin Duarte DEFENDJLNY Uriel Meza, et al. STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) CASE NUMSER -17CV321213 - Dept. 19 To (name ofone defendant only) Manual Mendoza Plaintift (name of ane p(aintiffonly): Joaquin Duarte seeks damages in the above-entitled action, as follows: - DO NOT FILE WITH THE COURT- -UNLESS YOU ARE APPLYING FOR A DEFAULTJUDG(ylENT UNDER CODg(¹pftfN?Isf(((j(LLF5l%k(1 585- by Superior Court of CA, TTDRNEY OR PARTY wlTHOUT ATTORNEY (Na a aad Add TELEPHONE o (;Ounty Of Sett((ra(C(afla, . Seth Mitchell, Esq.; SBN: 240889 in 5/17/2018 11:51 AMLaw Offices ofScott Warmuth, APC 17700 Castleton Sireet, I/168 j(eviewed By: G. Reyes City of Industry, CA 91748 (:ase ¹17CV321213 ATTDRNEY FoR ( i Plaintift; JOaquin Duarte I-:nvelope: 1528344 1, General damages a. ~+ Pain, suffering, and inconvenience b. ~+ Emotional distress. AMOUNT $ 2,500,000.00 $ 2,500,000.00 c.D e.H gH 2 Special a. HH b. IX c.H dD e.H g.H k Cl Loss of consortium Loss of sociey and companionship (wrongful death aclions on(y) . Other (specify) Other (speofy) Continued on Attachment 1.g. damages Medical expenses (io date) Future medical expenses (present value) Loss af earnings (to date) .. Loss of future earning capacity (present va/ue) .. Property damage . Funeral expenses (wrongful death actions only) .. Future contributions (present value) (wrongful deaih actions only) ................. Value of personal service, advice, or training (wrongful death actions only) ... Other (speofy) Other (specify) Continued on Attachment 2.k. $ 65,000.00 $ TBD $ F Adopled I M dal Hvac J 0 el eau oloic ld CIV-050 (R J D I, 2001( 3. ~ Punitive damages: Plainhff reserves the right to seek punitive damages in the amount of (specify).. $ 5,0(j(J,000.00 when pursuing a judgment in the suit filed against you. Date: March 29, 2018 Cl. Seth Mitchell, Esq. (TYPE OR PRSIT NAME) (SIGN ATUI(E gl- PLAI(/IFFQR ATT6RNEY FOR PLAINTIFF) (Proof of service on reverse) STATEMENT OF DAMAGES code ol c I p ocedu 5 EI 425 11 e25 115~ co IMIO.MScu(Personal Injury or Wrongful Death) t PLAINTIFF: Joaquhri DuartcDEFENDANT: Urjcj MCZa, ct al. CIV-050 CASE NUMBER -17CV32(213 - Dept. 19 PROOF OF SERVICE (Aher having the other party served as described below, with any of the documents identified in ilem 1, have the person who served the documents complete this Proof of Service. Plaintiff cannot serve These papers.) 1. I served the a. M Statement of Damages M0 her (specify). b on (name): c. by serving Mdefendant ~ other (name and title or relationship to person served): f. Name, address and telephone number and, ifapplicable county of registration and number: (For California sheriff, marshal, ar constable use only) I cehify that the foregoing is true and correct Date d CZ by delivery H at home Hat business (1) date: (2) time.'3) address; e. ~ by mailing (1) date: (2) place. 2. Manner of service (check proper box): a. C3 Personal service. By personally dehvenng copies. (CCP 5 415.10) b. ~ Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 5 415.20(a)) c. M Substituted service on natural person, minor, canservatee, or candidate, By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies lo the person served at the place where the copies were left. (CCP 5 415 20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. CZ Mail and acknowledgment service. By mailing (by first- class mail or airmail, postage prepaidl copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP 5 415.30) (Attach completed acknowledgment of receipt.) e. W Certified or registered mail service. By mailing to an address outside California (by first-class mad, postage prepaid, requinng a return receipt) copies to the person served. (CCP 5 415 40) (Attach signed return receipt or other evidence of actual delivery to the person served.) f. ~ Other (specify code section):~ additional page is attached. 3. At the time of service I was at least 18 years of age and not a party to this action 4. Fee for service. $ 5 Person serving: a. Cahfornia shenff, marshal, or constable b. Registered Califorma process server c. Employee or independent contractor of a registered Cafifomia process server d. ~ Not a registered Cahfomia process server e. Exempt from registration under Bus. & Prof. Code 5 22350(b) I declare under penalty of perjury under the laws of the Stale of California that the foregoing is true and correct. Date; ISIGNATUREI ISIGNATURE) CIV-000IRe Je 0 G 1.2007) PROOF OF SERVICE (Statement of Damages) P 0 2 of 2 cwe oi 0 Il P Mdu Eii 42s 11. 420 110 ATTORNEY OR PARTYWITHOUT ATTORNEY t Nemo end Address) G. Ssth Mitchell, 240669 The Lsw Offices of Scott Wsrmuih, AJLC. t7700 Cssttston Street, Suite tss City of industm CA Sires ATTORNEY FOR/Nemet: Plaintiff Ines n nemo ofmulL tursd I drsrdm or Iso ncd ccud, Ifany Superior Court of California, Santa Clara Countv 191 N. First Street San Jose, CA 95113-1090 PLslNTIFF: Joaguin Duarte DEFENDANT: TELEPHONE No (626 l 2826868 Ext 17 Ref. No or File No. 34820 FOR COURT USE ONLY Uriel Meza, et al DATE: PROOF OF SERVICE ! DEPTIDIY: CASE NUMBER: 17CV321213 AY I-AX 1. At the time of service I was a citizen of the United States, over 18 years of age and not a party to this action, and I served copies of Statement of Damages 2. Party Served: Manuel Mendoza 3. Person Served: party in item 2 4. Date & Time of Delivery: 03/31/2018 10:35AM 5. Address, City and State: 57 East First Street Morgan Hill, CA 95037 6. Manner of Service: Personal Service - By personally delivering copies. Fee for Service: $ 75 Registered California orocess server. County: SAN BENITO Reoistration NoJ 2017037 Andrew W. Williams One Legal - 194-Marin 504 Redwood Blvd ¹223 Novato, CA 94947 i declare under penalty of perjury under the laws of the United States of Amedica and the State of California that the foregoing is true and correct snd that this dedaration wss executed on 04/03/2018 at Los Angeles, California. Signature: Andrew W. Williams OL¹ 11855159 EXHIBIT"D"HIBIT “ ” ATTORNEY OR PARTY WITH DUT ATTORNEY(Nenm end Address) G. SBth Mitchell, 240889 The LBw Offices of Scott WBrmuth, A.P.C. t 7700 CsstiBton Street, Suits 188 City of Industry, CA SIT4S ATTORNEY FOR/burner Plaintiff Insen name ofcoun, isdub l dieters or branch court, if en y. Superior Court of California, Santa Clara County 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF: Joaguin Duarte DEFENDANT: TELEPHONE Ncn /626I 2826868 Ext 17 ReI No or FrIS No. 34820 FOR COURT USE ONLY Uriel Meza, et al DATE PROOF OF SERVICE ! TIME: DEPTIDIY: CASE NUMBER: 17CV321213 uv tAX 1. At the time of service I was a citizen of the United States, over 16 years of age and not a party to this action, and I served copies of: Statement of Damages 2. party Served: Manuel Mendoza 3. Person Served: party in item 2 4. Date & Time of Delivery: 03/31/2018 10:35AM 5. Address, City and State: 57 East First Street Morgan Hill, CA 95037 6. Manner of Service: Personal Service - By personally delivering copies. Fee for Service: $ 75 Registered California orocess server. County: SAN BENITO Reoistration Noz 2017037 Andrew W. Williams One Legal - 194-Madin 504 Redwood Blvd ¹223 Novato, CA 94947 I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct snd that this declaration was executed on 04/03/2018 at Los Angeles, California, Signature: Andrew W. Williams OL¹ 11855159 PROOF OF SERVICE 2 STA TE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County ofLos Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 17700 Castleton Street, Suite 168, City of Industry, CA 91748. 5 On May, 2019, I served the foregoing documents described as DECLARATIONOF G. 6 SETH MITCHELLIN SUPPORT OF REQUEST FOR COURT'S DEFAULTJUDGMENT on all interested parties in this action in the following manner: 10 I2 BY U.S. MAIL: I am familiar with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fullyprepaid at Los Angeles, California in the ordinary course ofbusiness. I am aware that on motion of the party, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 12 13 14 15 16 17 0 BY FACSIMILE: In addition to service by mail as set forth above, a copy of said document(s) was also delivered by facsimile transmission to the addressee(s) pursuant to Code of CivilProcedure fJ1013(e). CI BY OVERNIGHT MAIL: I caused said document(s) to be picked up by an overnight delivery service company for delivery to the addressee(s) on the next business day. L3 BY PERSONAL SERVICE: By causing personal delivery by Online Leaal Courier and its affiliates of the document(s) listed above to the person(s) at the address(es) set forth on the attached service list. 19 20 21 22 0 BY ELECTRONIC SERVICE: Pursuant to Court Order, I caused the above document to be sent to the listed addressee(s) in the attached service list via LexisNexis File & Serve. E (STATE) I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. 23 24 Executed on May, 2019 at Los Angeles, California. 25 26 VIKTORIAKLAUSNER 27 28 DECLARATIONOF G. SETH MITCHELLIN SUPPORT OF REQUEST FOR COURT'S DEFAULT JUDGMENT SERVICE LIST JOAQUIN DUARTE v. URIEL MEZA, et al. Case No.: 17CV321213 4 URIEL MEZA 7680 Monterey Street, ¹103 5 Gilroy, CA 95020 Defendant 8 MANUELMENDOZA 57 East First Street Morgan Hill,CA 95037 10 Defendant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATIONOF G. SETH MITCHELLIN SUPPORT OF REQUEST FOR COURT'S DEFAULTJUDGMENT