Application Ex Parte Fee Applies

Cal. Super. - 6th Dist.March 21, 2019

Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes Ingrid B Vilona and DBA Christmas Wishes 555 Mountain Home Dr San Jose. CA 95136 F L E D408-509-1339 I Self Represented MAY 9 2019 MW mm BY 0mm Superior Court of the State of California y For the County of Santa Clara S. VERA Santa Clara Fairgrounds Management, Case No. 1QCV344995 Plaintiff, Ex Parte Application for NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND vs‘ JUDGMENT AND QUASH SERVICE OF SUMMONS: MEMORANDUM OF POINTS AND Ingrid B Vilona and Christmas Wishes AUTHORITIES; DECLARATION OF Ingrid B Vilona; Defendants. EXHIBITS vvvvvvvvvvvvvvv TO PLAINTIFF Santa Clara Fairgrounds Management AND THEIR ATTORNEYS OF RECORD: Todd Rothbard. Attomey At Law. 100 Saratoga Ave #200 Santa Clara. CA 95051 PLEASE TAKE NOTICE THAT 0n May 8. 2019. at 9:59am. I advised Summer at Todd Rothbard's office that I will be filing an Ex Parte Motion t0 Vacate Default and Judgment at the Santa Clara County Superior Court located at 191 N. First St San Jose. California 951 l3 in the Department that hears the Ex Parte Eviction Cases. Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes TI'ZTTC‘F OF MOTIOEI Ell: MOTION '1“; "XACATE JUDCMEIIT Ail? QUASH SERC'IT‘E ,4 Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and Christmas Wishes Specially appearing Defendant, Ingrid B Vilona and DBA Christmas Wishes will and does move the Court to set aside the Default that was entered against her on Afifl I Z, 20 lg , the Judgment that was entered against her on flirt! I Z. 2.0 (Qand quashing service of summons on her 473.5 on the grounds that that the Default and Default Judgment were taken as a result of Defendant's lack of actual notice in time to defend the action as more fully set forth in the Declaration of Ingrid B Vilona , and the Exhibits attached thereto and incorporated herein by reference. The motion shall be based upon this notice, the attached Points and Authorities in support thereof, the files and records of this case, and the Declaration 0f Ingrid B Vilona, and the Exhibits attached thereto, and on such other and further oral and/or documentary evidence as may be presented at the hearing 0n this motion. Dated 534M W @VM Ingrid B Vilona bBA Christmas Wishes _ 2 _ NOTICE: OF MOTION AND MOTTON "IO VACATE JUDGMENT AND QUASH SERVICE (I) Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and Christmas Wishes MEMORANDUM OF POINTS AND AUTHORITIES l. STATEMENT OF FACTS Plaintiffs filed suit against Defendants on or about March 21, 201 9 alleging Non Renewal ofthe lease. See Plaintiffs complaint on file. Default was entered against Defendant 0n ' r7. I A DefaultJudgment was entered against Defendant on agrfl ‘\ Z, Zola. Defendant contends that she was not personally served with the summons and complaint and had no knowledge that she was even being sued until someone saw the notice 0n Sunday May 5, 2019 that the Sheriff posted on the gate at lot 12 and gave it to her. A copy of the summons and complaint was addressed t0 Ingrid B Vilona and mailed to the office of Santa Clara Fairgrounds Management located at 344 Tully Rd San Jose, Ca 951 13 344 Tully Rd, Lot 12, San Jose, Ca 951 13 is a fenced in dirt lot with N0 power, No water and No mailbox. There are N0 mailboxes assigned inside the Santa Clara Fairgrounds Management Office for Any ofthe Lots including my Lot 12. When Vu Tran contacted me on 0r about February 4, 2019 he asked for my contact information. On February 8, 201 9 I emailed him all of my contact information which included my home Address 555 Mountain Home Dr San Jose, Ca 95 1 36. See attached email in Exhibit A. _ 3 _ NOTICE OF MOTION AND MOTION TO VACAT‘E JUDGMENT AND QUASH SERVICE Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes On February 8, 2019, Santa Clara Fairgrounds Management mailed AND hand delivered. A Notice ofNon Renewal. to my house at 555 Mountain Home Dr San Jose, CA 95136. My home address was also included in my lease which was included inside the Plaintiff’s Unlawful detainer they filed. So they had my current home address since February 201 8 but they chose to use The Santa Clara Fairgrounds Management office address when they filed their unlawful detainer and tried to serve me notice of the Summons and Complaint at the Plaintiff‘s office. And they were surprised that I wasn’t there, at their office, to be served. Defendant contends that the Court should grant their motion and vacate the default and judgment entered against them and quash the purported service on the them on the grounds that it was not valid. Il. LEGAL ARGUMENT A. THE COURT HAS THE POWER TO SET ASIDE THE DEFAULT AND DEFAULT JUDGMENT THAT WERE ENTERED AGAINST THE DEFENDANT Code ofCivil Procedure § 473.5 states in pertinent part: "When service 0f a summons has not resulted in actual notice to a party in time to defend the action and a default 0r default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the _ 4 _ NOTICE OF MOTHDN AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 22 23 24 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes earlier of: (I) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered", and "Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that his or her lack 0f actual notice in time to defend the action was not caused by his or her avoidance of service 0r inexcusable neglect, it may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action." The substituted service must be made at the address where the defendant currently lives even service made at a close relative’s house can be ineffective. When substituted or constructive service is attempted, strict compliance with the letter and spirit ofthe statutes is required. See Stern v. Judson (1912) 163 Cal. 726, 735. A plaintiff has to first attempt to personally serve a defendant with the summons and complaint before attempting substituted service, or any other form of what is called "constructive service” including service by publication. “Personal service remains the method of choice under the statutes and the constitution.” See ()lvera v. ()lvera, 232 Cal.App.3d 32, 41. And a California Court 0f Appeal stated that. “Thus, section 473.5 reflects the understanding that if any form of service of summons does not result in actual knowledge, fundamental fairness may require that a subsequent default be set aside." See ()lvera v. Olvera, supra at 40. _ 5 _ NOTICE OF MOTTON AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE Case Name: Santa Clara Fairgrounds Management Case # 19CV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes The United States Supreme Court has ruled that a Judgment that has been entered where there has not been valid service of summons violates due process, is void and can be set aside at any time. Peralla v. Heights Med. Ctr. (1988) 485 U.S. 80, 84-85, 108 S.Ct. 896, 899. B. DEFENDANT HAS MET ALL OF THE STATUTORY CONDITIONS NECESSARY FOR THE COURT TO SET ASIDE THE DEFAULT AND DEFAULT JUDGMENT THAT WERE ENTERED AGAINST HER As shown by the Declaration of Defendant, Ingrid B Vilona, was Not served with a copy of the summons and complaint. Therefore she did not receive actual notice of the lawsuit in time to defend the action and this was not due to his avoidance of service or inexcusable neglect. And she did not receive notice that a Judgment had been entered against her until Sunday, May 5, 201 9. She has timely moved this Court t0 set aside the Default and Default Judgment that were entered against her and for leave to defend the action. And she has submitted a copy 0f her proposed Answer as Exhibit “A” to her declaration. She has thus met all of the statutory conditions necessary for the Court t0 set aside the Default and Default Judgment entered against her as specified under California law. C. A MOTION T0 QUASH SERVICE OF SUMMONS MAY BE JOINED WITH A MOTION TO VACATE A DEFAULT AND DEFAULT JUDGMENT Code ofCivil Procedure § 41 8.10(d) states that, “No default may be entered against the defendant before expiration of his 0r her time to plead, and no motion under this section, 0r under Section 473 or 473.5 when joined with a motion under this section. or application t0 the court or stipulation of the parties for an extension of the time to plead. shall be deemed a general appearance by the defendant." _ 6 _ NOTICE OF MOTTON AND MOTION TO VACATF. JUDGMENT AND QUASH SERV1CE 20 21 22 23 24 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and Christmas Wishes A California Court 0f Appeal has stated that section 41 8. 1 0 entitles a defendant to move to quash service 0f summons on the ground of lack ofj urisdiction and to join a motion under section 473 with such a motion all in a special appearance. See Anderson v. Sherman (1 981) 125 Cal.App.3d 228, 235. D. THE PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT IS NOT VALID AND SHOULD BE QUASHED Code ofCivil Procedure § 41 8.10 states in part: “A defendant, on or before the last day of his or her time t0 plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more 0f the following purposes: (1) To quash service of summons 0n the ground of lack ofjurisdiction of the court over him or her”. Code ofCivil Procedure § 41 5.10 states in part: “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery.” As shown by the Declaration 0f Ingrid B Vilona they were not personally served. Therefore, the purported service of the summons and complaint was not valid and should be quashed. And the fact that Defendant may have received the summons and complaint does not preclude a motion to quash due to the fact that Plaintiff did not serve the summons and complaint in a statutorily authorized manner. The fact that defendant has notice 0f the action is not relevant as defective service of process is not cured by actual notice 0fthe action. See In re Vanessa Q. (2010) 187 Cal.App.4th 128, 135. _ 7 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE l8 l9 2O 21 22 23 24 25 26 27 Case Name: Santa Clara Fairgrounds Management Case # 190V344995 Vs Ingrid B. Vilona and Christmas Wishes "California is a jurisdiction where the original service 0f process, which confers jurisdiction, must conform to statutory requirements 0r all that follows is void. [Citations.] . . . [1]] . . . [1]] . . . The fact that the person served ‘got the word' is irrelevant." Honda Motor C0. v. Superior Court (1992) 10 Cal.App.4th 1043, 1048-1049 (holding that service in Japan upon a Japanese corporation by certified mail was not valid under California law or the Hague Service Convention, even though evidence showed the corporation had actual knowledge and the service documents bore the corporation's receipt stamp.) Even when the defendant tenants (and/or subtenants) actually received summons and complaint and otherwise have actual notice of the lawsuit, a motion to quash will lie if process was not served in a statutorily-authorized manner. Schering Corp. v. Super.Ct. (Ingraham) (1975) 52 Cal. App. 3d 737, 741. "Although a proper basis for personal jurisdiction exists and notice is given in a manner which satisfies the constitutional requirements of due process, service of summons is not effective and the court does not acquire jurisdiction of the party unless the statutory requirements for service of summons are met." Schering Corp. v. Superior Court supra, 52 Cal. App.3d at 741; see also Tresway Aero, Inc. v. Superior Court (1971) 5 Cal.3d 431, 435. It is well settled in California that personal service is the preferred means of service to notify a defendant of the commencement 0f a lawsuit. Personal service is the preferred means to notify a defendant 0f the issuance of a summons and the commencement ofa lawsuit. ()lvera v. ()lvera (1991) 232 Cal.App.3d 32, 41. _ 8 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 20 21 22 23 24 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and Christmas Wishes D. THE PLAINTIFF HAS THE BURDEN OF SHOWING THAT THE PURPORTED SERVICE OF THE SUMMONS AND COMPLAINT ON DEFENDANT IS VALID The law in California is settled that once a defendant files a motion to quash service that the plaintiff has the burden of proving that the service was valid. The California Supreme Court ruled in a published decision over 100 years ago that knowledge by a defendant of a plaintiff‘s action does not satisfy the requirement of adequate service ofa summons and complaint. Waller v. Weston (1 899) 125 Cal. 201, 203. “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove the facts requisite to an effective service.” Borsuk v. Superior Court, (2015) 238 Cal. App. 4th Supp. 1, 4 (citing Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163. "When a defendant challenges the court's personal jurisdiction on the ground 0f improper service of process ‘the burden is 0n the plaintiff to prove the existence ofjurisdiction by proving . . . the facts requisite to an effective service."' Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, fns. omitted; see also American Express Centurion Bank v. Zara (201 1) 199 Cal.App.4th 383, 387. "A defendant is under n0 duty to respond to a defectively served summons. The notice requirement is not satisfied by actual knowledge 0f the action without service conforming to the statutory requirements which are to be strictly construed." Taylor-Rush v. Multitech Corp. (1990) 21 7 Cal.App.3d 103, 1 1 1; see also Summers v. McClanahan supra, 140 Cal.App.4th at fn 25. _ 9 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 20 21 22 23 24 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 190V344995 Vs Ingrid B. Vilona and Christmas Wishes "No California appellate court has gone so far as to uphold a service of process solely on the ground the defendant received actual notice when there has been a complete failure to comply with the statutory requirements for service." Summers V. McClanahan supra, 140 Cal.App.4th at 414. Thus, Plaintiff now has the burden of showing that the purported service 0f the summons and complaint on Defendant, Ingrid Vilona, is valid. And even the fact that a registered process server allegedly made the service is not conclusive proof of proper service as Evidence Code § 647 states: "The return 0f a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return." Evidence Code § 604 states: "The effect of a presumption affecting the burden 0f producing evidence is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier 0f fact shall determine the existence 0r nonexistence of the presumed fact from the evidence and without regard to the presumption. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate." Defendant has introduced credible evidence that would more than support a finding of nonexistence of proper service in that they did not even attempt to serve me at my home address Which was given to the Plaintiff February 8, 2019 and was on the lease which was submitted with the unlawful detainer they filed with the court. _ :0 _ NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes E. THE LAW FAVORS DISPOSING OF CASES ON THEIR MERITS Numerous decisions of the California Supreme Coun make it clear that the law favors disposing of cases on their merits. “It is the policy of law t0 favor, whenever possible, a hearing 0n the merits. Appellate courts are much more disposed to affirm an order when the result is to compel a trial on the merits than when the default judgment is allowed t0 stand." Shamblin v. Brattain (1988) 44 Cal.3d 474, 478-479. Because the law strongly favors trial and disposition on the merits, any doubts must be resolved in favor of the party seeking relief from default. Elston v. City ofTurlock (1985) 38 Cal.3d 227, 233. As shown by the Declaration of Defendant, Ingrid B Vilona, and Exhibits attached thereto they were not validly served. Therefore, the Court should grant her Motion and require Plaintiff to properly serve Defendant as the law favors. ll. CONCLUSION Based 0n the above. Defendant, Ingrid B Vilona, respectfully requests that the Court set aside the Default and Default Judgment that were entered against her, and quash the purported service on her, thus requiring Plaintiff to properly serve Defendant as the law favors. Dated 9344 W a. Wlam Ingrid B VilonA DBA Christmas Wishes NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE 20 21 22 23 24 25 26 27 28 Case Name: Santa Clara Fairgrounds Management Case # 1QCV344995 Vs Ingrid B. Vilona and DBA Christmas Wishes DECLARATION OF I, Ingrid B Vilona, declare as follows. 1. l am over the age of 1 8 years and am a party t0 this action. I have personal knowledge 0f the facts stated in this declaration, and if called as a witness, could and would testify competently to the truth of the facts as stated herein. 2. I was never personally served with summons and complaint for Plaintiffs lawsuit. My lack 0f actual notice in time to defend this action was not caused by my avoidance of service 0r inexcusable neglect. 3. I had no knowledge that I was even being sued until Sunday May 5, 2019, when someone sent me a picture of the Sheriff’s 5 day notice to Vacate. They told me it was taped to my gate at Lot 12. I was in Los Angeles at the time. 4. May 5, 2019 is when I found out I had a Judgment against me. 5. It has been less than two years since entry of the Default and Default Judgment and less than 180 days since I was served with written notice of the Default Judgment. 6. I respectfully request that the Court set aside the Default and Default Judgment that were entered against me as well as grant my motion to quash service of the summons and complaint and require the Plaintiff t0 serve me properly with the summons and complaint so that I can have my day in Court, and properly defend myself against Plaintiff‘s lawsuit. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on May 9, 2019, at San Jose, California.WQUM Ingrid B Vifima DBA Christmas Wishes 5/9,]? NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE LICENSE FOR ENTRY AND USE QE LAM) “Tenant Agreement” This License For Entry and Use of'Land (”License") is made for reference purposes as of February 22, 2018 (“Effective Date") 'sct forth below by and between STERLING GROUP ENTERPRISES LLC located at 70] N Green Valley Pkwy Suite .200 chdcrsOn NV 89074 (“Licensor”) __ __ . , ""F ' ' ' ‘ ' hcrcinaficr xcnfifiéd. with respcct to tc lcascd premises (“Premises”) consisting o approXimat'clylS acms ofundevclnped land located at 344 Tuliy Road, Sun Jose, CA 9511]. anfi falso known as the Santa Clara Fairgounds property. a WHEREAS, License; is the lessee ofihe Premises pursuant lo a lease agreement with lhc County $0» MofSan Jose (“County"); and WHEREAS, Licensor intends to use the Prcmisw as a staging area for mulli-purpusc consmicrion equipment, materials and personnel ("the ijccts"); and WHEREAS, Licensor may sub-lease the Premises but may license the use ofthe Premises by third parties for their similar use as a Singing area for equipment and pcrsonnci (“Authorized Use") for thc Projects, subordinate to and in Coordination with Licensor‘s use and the usc ofany other third party licensees; NOW, THEREFORE, Licensor and Licensee agree as follows: l. License fdr Eng and gse. Commencing on the Effective Date, Licensor grants a revocable license to Licensee to enter onto’ and use the Premises for the Authorized Use. 2. Term. The term of this License shall bc for a l year period of time, based on a month-to-month Ram'ent schedule, (easy-in easy-out month~to-month Amement) unless ‘sonner laminated by Licensor on notice to Licensee. ”termination ofthe license shall take effect within IO days of notice AND‘any tenninntion of'iand use will be-subjcct to a 30-day written notice to Sterling Group. Further. Sterling Group grants CHRISTMAS WISHES the immediate use of said 1/2 acre, for the period of time from March 1, 'ZOIS through March 31, 2018 aflcr the activation of'this Agreement. 3. Assigned Area. Licensor shall designate an area ofthe Premisaq ("Assigned Area") of approximatefléfifiéinJér- Licensee's stomgc usc for equipm'cnl, materials and suppiics. Licensee's storaé‘éh‘s‘e shah be limited to the Assigned Area (See AttachcdSite Map). 4. Basie Liccgc Fee. The fee for the license (“License Fee") gamed hereby shalt be calculated based uh':§3i§§9'4y ?{gtpnth for each 1/2 a'cre of the Assigned Area ("Basic License Fee”). Accordinglyfih’e‘Bgé‘tb Lbic’eris'e'F‘ee for this License shall be $3,150 per month. 5. Addigignal Fges/Chargcs, None All Included 6. Due Date/Dcl‘inguencx. The License Fee shalt be payable. in advance on the first clay ofeach calendar mo‘nth ofthc term. Licensor shall pay a late fee of550.00 per day late fee for any failure to deliver payment of any month’s License Fee at or before the date due. Failure .to pay the License Fee or Iatc fee at any time shall be grounds for the termination ofthis License. ‘I go +V\.\ WHEREFORE xhe parties have entered into Ibis Agreement as ofthc firsl date above Written. \’ “LICEE§Q§"' (Monthly Payments) «V‘QJ Sterling Group Enterprises LLC (Wire Tran‘sfe'r Info) _ \VELLS FARGO BANK Account Number: 9323 111 61] Routing Number: 321 270 742 (Wire Transfer) 121 000 248 (Direct Deposit nr Transfer) STERLHVG GROUP ENTERPRISES LLC Q d“ klféotaLBy: Daniel McGough - Managing Partner x '._ E Dale February 22 201 8 "LICENSEE" Company/Business Name: Christmas Wishes InC. Business Address Street: 555 Mountain Home Dr. Primary Contact N'amu; lnm‘d contactrhone; 4084084020 k Conmcl email; chrismus'wishucaéégnailxom CGL Insurance Carrier; Br. X oamadmfl \j1W Aulhoflud Signature (hgrid-Chrislmzs Wishes Inc.) Dntc: 02- 'g3 ’ ‘ g PLEASE SIGN/ACTWATEISCAN/EMAH. AN “ACTIVATED AGREEMENT” TO: wfiiflcjlinyfimgligsnsm‘ c9131 (Party Wynn) K6 Wage) \Q/ k ‘ c? \ \e/ bx ><0 Rowe” Le’sgate Property Management (p Qfla OM‘ 6° 969 Story Rd suite 6075® \‘xQ , 01“ San Jose, California, 95122 ’0” 96‘? 5 408429-4695 NOTICE OF NON-RENEWAL OF TENANCY Date: 218112 Dear: Christmas Wishes. Ingrid B Vilona and to all tenants in possession Your February 22, 2018 License for Entry and Use of Land located at 344 Tully Road San Jose Ca 95111 is not being renewed. Your license for entry and use of land will expire on February 21, 2019.This letter is to notify you that Santa Clara CounLy Fairgrounds wi||_not be renewing your license for entry and use of land. Please vacate the premises, remove all of your personal property and turn in all keys on Februag 21,2018. You are still obligated to pay rent until the termination date. YOU HAVE THE LEGAL RIGHT to request an initial inspection of your unit and be present during the inspection. The purpose of this inspection is to allow you the opportunity to correct any deficiencies in the unit in order to avoid deductions from the security deposit. Please contact the undersigned to request an initial inspection. STATE LAW PERMITS former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind alter you moved out. MM” Tai Le // Agent for Landlord/ Landlord i . i i i i r 1 . FWNTFFmEHHONER; SANTA CLARA FAIRGROUNDS MANAGEMENT CORP. ”semen: 19cvs44995 DEFENDANT/RESPONDENT: INGRID B. VILONA, individually and doing business as CHRISTMAS WISHES 5' c_ E by mail and acknowledgment of receipt of service. l mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid. (1) on (date): (2) from (city): (3) E with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.) (4) E to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d. [X] by other means (specify means of service and authorizing code section): b o ing and mailing the documents in item 2 per C.C.P 415.45 at address shown in item #4, on MARCH 28. 2019 a‘ and mailing of the same by certified mail. to the address shown in item #4, from Santa Clara. California. .me god-ve C‘Oses at 7?”) QXQC'I’é/E Additional page describing service is attached. 0 €Xeepfi‘ons 6. The "Notice to the Person Served" (on the summons) was completed as follows: m /30km [0+3 are MARCH 28. 20 ' a. [X] as an individual defendant. b. E as the person sued under the fictitious name of (specify): ho-f we,“ ka ed C- D as occupant. d- E On behalfof (specify): I Daub”? Vary muck «Hui "HdS under the foIIowing Code of Civil Procedure section: NM 061.143.“, kS‘fiJ On My 94,“?D 416.10 (corporation) D 415.95 (business organization. form unknown)D 416.20 (defunct corporation) E 416.60 (minor)D 416.30 (joint stock company/association) D 416.70 (ward or conservatee)E 416.40 (association or partnership) D 416.90 (authorized person) E] 416.50(public entity) D 415.46 (occupant)D other: (LLC) 7. Person who served papers a. Name: ANGELIQUE GONZALEZ b. Address: 467 Saratoga Ave.. PMB 532, San Jose. CA 95129 c. Telephone number: 408-244-4200 ext. 14 d. The fee for service was: $ 100.00 e. | am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). registered California process server: (i) E ownerD employee independentcontractor. (ii) Registration No. 170] (iii) County: Santa Clara 8. m l declare under penalty of perjury under the laws of the State of California'that the‘f’oreg‘oing is true and correct. . \'\ (3) lor - . 9. E | am a California sheriff or marshal and l certify that the foregoing is_true ind correct. \ Date: MARCH 28, 201 9 ANGELIQUE GONZALEZ (NAME OF PERSON WHO SERVED PAPERS/SHERIFF 0R MARSHAL) (SIGNATURE) P050100“- Jawawt 20°71 PROOF 0F SERVICE 0F SUMMONs Pacific“ Date: Fri, Feb 8, 201 9, 9:08 AM Subject: Christmas Wishes lot lease T0: Show quoted text Christmas Wishes USA l .\ kph M of L'Iadnun f‘u (inay- n uh Farr“?! [nom-Cumnck. av. Momma: | v RmhgorNot! wmm O Inst PinkSIIp? 0K2 umm- V Great Tu Write 0m Jamty’fihnuy Ilanh Sufi“ II: Drive MAprl 51h Cndm u Scha Cay 1w. Ji’.AIqu 5mm: lb ' Sqnnb-r-Dmuhn (Thria-n Tn} Orin! ' f (mrinmmnmalrsum 403.508.2020 ‘ Grismgfl'inhcslfiumlleom SW will buy I ~ ‘ quuim Nels 3-; tn Help Prmnl )Illlrh: Date: Fri, Feb 8, 2019, 9:08 AM } Subject: Christmas Wishes lot lease T0: Show quoted text v Christmas “fishes USA I A Sup]. M o! Kludnnn (5n (Mar a uh Pam"! [MIW,MW,W'] V Runningor Not! WM," v Inn PinkSllp? 0K2 onus. 9 Great Tn Write 0m Jmuylrchuy finch Saying In Dd" MAptl 51h Cu“! h Sdna Clip Jur. 1d,. Angus Sum “I I lb Sopalur-Dcmhn m Tn, Mn SW will buy 2 ‘ quuiln Ncls - - lo lull: Imus!l‘ OninmuWi-huUSlLom 408-508-1020 . Allhrh!Christmaflvhhumumxnmm Metro.. a u: 6) >3 All I 85% 9:33 AM <- Vu Tran 4K 5 to me Hide details From: Vu Tran VTran@thefair.org To: Ingrid Vilona Christmaswishesusa@gmai|.com Date: Feb 8, 2019, 12:17 PM View security details Ingrid, l regret to inform you that my executive director decline your condition of not paying until March 1, 201 9. Thank You Vu Tran Property Manager & Senior , Accountant 5 Santa Clara County Fairgrounds 1'“: 7-. i L-g