Proof of Service Summons DLR Civil

Cal. Super. - 6th Dist.May 29, 2019

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State, Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: Ref. No. or File No.: Michael S. Hunt, ESQ. (99804), Janalie Henriques (111589), Anthony DiPiero (268246), Devin Jacobsen (308722), Emily Collins (311804), Keri Salet (318913) Hunt & Henriques 151 Bernal Road #8 San Jose, CA 95119 408-362-2270 Capital One Bank (USA) N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 N. First Street 191 N. First Street San Jose 95113 Downtown Superior Court Capital One Bank (USA) N.A. YONG B WON 19CV348747 PROOF OF SERVICE OF SUMMONS 1330878 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies of (specify documents): Summons; Complaint-Contract; Statement of Location/Venue; Civil Case Cover Sheet; Civil Lawsuit Notice; Alternative Dispute Resolution (ADR) Packet B Y FA X 3. a. Party served (specify name of party as shown on documents served): YONG B WON b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a ): 4. Address where the party was served: 10410 CALVERT DR, CUPERTINO, CA 95014-3840 5. I served the party (check proper box) a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): at (time): b. X by substituted service. On (date): 07/07/2019 at (time): 2:26 PM I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): John Doe, WHO REFUSED TO GIVE NAME, ROOMMATE, CO-RESIDENT, who accepted service, a black-haired Asian male approx. 55-65 years of age, 5'8"-5'10" tall and weighing 160-180 lbs with an accent. (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (2) X (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4) X I thereafter caused to be mailed (by first class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc § 415.20). Documents were mailed (5) X I attach a declaration of diligence stating actions taken first to attempt personal service. on (date): from (city): or X a declaration of mailing is attached. Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California POS- 010 [Rev. January 1, 2007] Code of Civil Procedure. § 417.10 PROOF OF SERVICE OF SUMMONS Tracking #: 0039483140 REF: 1330878 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/8/2019 1:19 PM Reviewed By: System System Case #19CV348747 Envelope: 3097892 19CV348747 Santa Clara - Civil System System PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: Capital One Bank (USA) N.A. YONG B WON CASE NUMBER: 19CV348747 c. by mail and acknowledgement of receipt of service. I 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) (4) d. 6. The “Notice to the Person Served” (on the summons) was completed as follows: a. X as an individual defendant. as the person sued under the fictitious name of (specify):b. as occupant.c. d. under the following Code of Civil Procedure section: 416.10 (corporation) 416.20 (defunct corporation) 416.30 (joint stock company/association) 416.40 (association or partnership) 416.50 (public entity) 415.95 (business organization, form unknown) 416.60 (minor) 416.70 (ward or conservatee) 416.90 (authorized person) 415.46 (occupant) other: 7. Person who served papers a. Name: Mariana Moreno b. Address: 316 W 2nd St., 3rd Floor, Los Angeles, CA 90012 c. Telephone number: 213-621-9999 d. The fee for service was: $ 59.50 e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) X registered California process server: (i) owner employee X independent contractor. (ii) X Registration No.: PS1654 Santa Clara(iii) X 8. X 9. Date: _______________ Mariana Moreno (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) B Y FA X with two copies of the Notice and Acknowledgement of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40) by other means (specify means of service and authorizing code section): Additional page describing service is attached. On behalf of (specify) I am a California sheriff or marshal and I certify that the foregoing is true and correct. or I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. County: For: Registration #: County: ABC Legal Services, Inc. 6779 Los Angeles POS-010 [Rev. January 1, 2007] Page 2 of 2 PROOF OF SERVICE OF SUMMONS Tracking #: 0039483140 REF: 1330878 July 07, 2019 B Y FA X ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State, Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: Ref. No. or File No.: Michael S. Hunt, ESQ. (99804), Janalie Henriques (111589), Anthony DiPiero (268246), Devin Jacobsen (308722), Emily Collins (311804), Keri Salet (318913) Hunt & Henriques 151 Bernal Road #8 San Jose, CA 95119 408-362-2270 Capital One Bank (USA) N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 N. First Street 191 N. First Street San Jose 95113 Downtown Superior Court Capital One Bank (USA) N.A. YONG B WON 19CV348747 DECLARATION OF REASONABLE DILIGENCE 1330878 Party to Serve: Documents: Summons; Complaint-Contract; Statement of Location/Venue; Civil Case Cover Sheet; Civil Lawsuit Notice; Alternative Dispute Resolution (ADR) Packet YONG B WON Service Address: 10410 CALVERT DR, CUPERTINO, CA 95014-3840 I declare the following attempts were made to effect service by personal delivery: 6/26/2019 5:00 PM: Per JOHN DOE, WHO REFUSED TO GIVE NAME, RESIDENT, a black-haired Asian male contact approx. 35-45 years of age, 5'10"-6'0" tall and weighing 180-200 lbs; subject resides but not available at this time. 6/30/2019 1:49 PM: Per JOHN DOE, WHO REFUSED TO GIVE NAME, RESIDENT, a black-haired Asian male contact approx. 55-65 years of age, 5'8"-5'10" tall and weighing 160-180 lbs with an accent; subject resides but not available at this time. 7/7/2019 2:25 PM: Per JOHN DOE, WHO REFUSED TO GIVE NAME, RESIDENT, a black-haired Asian male contact approx. 55-65 years of age, 5'8"-5'10" tall and weighing 160-180 lbs with an accent; subject resides but not available at this time. 7/7/2019 2:26 PM Served to John Doe, WHO REFUSED TO GIVE NAME, ROOMMATE, CO-RESIDENT, who accepted service, a black-haired Asian male approx. 55-65 years of age, 5'8"-5'10" tall and weighing 160-180 lbs with an accent. (SIGNATURE)(NAME OF PERSON WHO PERFORMED DILIGENCE) Mariana Moreno I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. Date: ______________ Person who performed diligence: Mariana Moreno 316 W 2nd St. 3rd Floor, Los Angeles, CA 90012 213-621-9999 PS1654 Santa Clara Registration No.: County: I am a registered California process server Tracking #: 0039483140 1Page 1 of REF: 1330878 July 07, 2019 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State, Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: Ref. No. or File No.: Michael S. Hunt, ESQ. (99804), Janalie Henriques (111589), Anthony DiPiero (268246), Devin Jacobsen (308722), Emily Collins (311804), Keri Salet (318913) Hunt & Henriques 151 Bernal Road #8 San Jose, CA 95119 408-362-2270 Capital One Bank (USA) N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 N. First Street 191 N. First Street San Jose 95113 Downtown Superior Court Capital One Bank (USA) N.A. YONG B WON 19CV348747 DECLARATION OF MAILING 1330878 The undersigned hereby declares: that I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place. My business address is 316 W 2nd St. 3rd Floor, Los Angeles, CA 90012. That on July 08, 2019, after substituted service was made, I mailed the following documents: Summons; Complaint-Contract; Statement of Location/Venue; Civil Case Cover Sheet; Civil Lawsuit Notice; Alternative Dispute Resolution (ADR) Packet to the servee in this action by placing a true copy thereof enclosed in a sealed envelope with postage prepaid for first class mail and placing the envelope for collection and mailing following our ordinary business practices. I 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 Los Angeles, CA. That I addressed the envelope as follows: YONG B WON 10410 CALVERT DR CUPERTINO, CA 95014-3840 B Y FA X That I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. That I executed this declaration on 7/08/2019 at Los Angeles, CA. Declarant: Jasmin Perez /s/ Jasmin Perez Tracking #: 0039483138 REF: 1330878