Proof of ServiceCal. Super. - 6th Dist.June 25, 20191QCV349547 Santa Clara - Civil POS-Iflflnzen ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No: 2851 08 / 291 945 FOR COURT USE ONLY NAME: Brian Poulter/Allen G. Haroutounian - - FIRM NAME: STALWART LAW GROUP EleCtromcally Flled STREETADDRESS: 1100 Glendon Avenue, Suite 1840 by suPerior court 0f CA: cm; Los Angeles sme: CA zupcooe: 90024 County of Santa Clara, TELEPHONE No.: (31 0) 954-2000 FAX No.: (31 0) 943-0303 on 12/1 4/2020 1 :11 PM E-MAILADDRESS: allen@stalwartlaw.com Reviewed By: |__ Zenzen ATFORNEY FOR(name): Plaintiff Maria Hernandez case #1 9CV349547 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street EnveloPe: 5466921 MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, 951 1 3 BRANCH NAME: Downtown Superior Court CASE NUMBER: Plaintiff/Petitioner: Maria Hernandez 190V349547 Defendant/Respondent: Catholic Charities of Santa Clara County JUDICIAL OFFICER: PROOF OF SERVICE-CIVIL Thang N. Barrett Check method of service (only one):E By Personal Service E By Mail E By Overnight Delivery EfiPARTMEN“E By Messenger Service E By Fax Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. 1. At the time of service | was over 18 years of age and not a party to this action. 2. My residence or business address is: 2029 Century Park East, Suite 4420 Los Angeles, California 90067 3. E The fax number from which I served the documents is (complete ifservice was by fax): 4- 0n (date): OCtOber 1, 2020 | served the following documents (specify): Notice of Motion and Motion to be Relieved as Counsel; Declaration in Support of Attorney's Motion to be Relieved as Counsel; [Proposed Order] Order Granting Attorney's Motion to be Relieved as Counsel; Client's file. E The documents are listed in the Attachment to Proof of Sen/ice-Civil (Documents Served) (form POS-040(D)). 5. | served the documents on the person or persons below, as follows: a. Name of person served: Maria Hernandez b. E (Complete if service was by personal service, mail, overnight delivery, or messenger service.) Business or residential address where person was served: 14021 Diamond Ave., San Jose, CA 95127 c. E (Complete if service was by fax.) Fax number where person was served: E The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service- Civi/ (Persons Served) (form POS-040(P)). 6. The documents were served by the following means (specify): a. E By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was n0 person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party‘s residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening. Page 1 of 3 Form Approved for Optional Use _ Code of Civil Procedure, §§ 101 1, 1013, 1013a, Judicial Council of California PROOF OF SERVICE CIVIL 2015.5; Cal. Rules of Court, rule 2.306 POS-040 [Rev‘ January 1, 2020] (Proof Of Service) www.courts.ca.gov POS-040 CASE NAME: CASE NUMBER: Hernandez v. Catholic Charities of Santa Clara County 19CV349547 6. b. By United States mail. l enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) E3 deposited the sealed envelope with the United States Postal Service. with the postage fully prepaid. (2) E placed the envelope for collection and mailing. following our 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 co|lection 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. lam a resident or employed in the county where the maiIing occurred. The envelope or package was placed in the mail at (city and state): Los Angeles c. E By OVErnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. I placed the envelope or package for collection and overnight delivery at an office or a regularly utiIized drop box of the overnight delivery carrier. d. E By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e. | ] By fax transmission. Based on an agreement ofthe parties to accept service by fax transmission, | faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the record ofthe fax transmission, which | printed out. is attached. | declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. Date: October 1. 2020 Craig Sommerstein ’ Wfl (TYPE 0R PRINT NAME OF DECLARANT) (SIWOF DEC mik/ (If/tem 6d above is checked, the declaration below must be completed or a separate dad. [fan from a essmyw s! be attached.) DECLARATION OF MESSENGER E] By personal service. t personally daiivered the enveIope or package received from lhe decIaranl above m the persons at the addresses llsted in llem 5. {1} For a parly represented by an attorney, delivuery was made {a} to lhe altcrney personally: or (b) by teavin‘g lh‘e documents at the attorney's office, in an enve1ope or package aieafly labeled lo identify the attorney being served, with a reueptionisl or an individual in charge of the office; or {c} H [here was r10 person in me office with whom {he nutice or papers couid be left, by leavlng mam in a eor'mpicuous place ir1 lhe office between the hours of nine in the morning and five in the evening. (2) For a party. deiivery was made lo the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening. At the time of service, lwas over 18 years of age. | am not a party t0 the above-referenced legal proceeding. | served the envelope 0r package. as stated above. on (date): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: p (NAME OF DECLARANT) (SIGNATURE OF DECLARANT) P084140 [Rev. January 1. 2020] PROOF OF SERVICE_C|V|L Page 2 of 3 (Proof of Service) POS-040 INFORMATION SHEET FOR PROOF OF SERVICE-CIVIL (This information sheet is not part of the official proof of service form and does not need to be copied, served, or filed.) USE OF THIS FORM This form is designed to be used to show proof of service of documents by (1) personal service, (2) mail, (3) overnight delivery, (4) messenger service, or (5) fax. This proof of service form should not be used to show proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-O1 0). Also, this proof of service form should not be used to show proof of electronic service. For that purpose, use Proof of Electronic Service (form POS-O50). Certain documents must be personally served. For example, an order to show cause and temporary restraining order generally must be served by personal delivery. You must determine whether a document must be personally delivered or can be served by mail or another method. GENERAL INSTRUCTIONS A person must be over 18 years of age to serve the documents. The person who served the documents must complete the Proof of Service. A party to the action cannot serve the documents. The Proof of Service should be typed or printed. If you have Internet access, a fillable version of this proof of service form is available at www.courts.ca.gov/forms.htm. Complete the top section of the proof of service form as follows: First box left side: In this box print the name, address, and telephone number of the person for whom you served the documents. Second box left side: Print the name of the county in which the legal action is filed and the court's address in this box. The address for the court should be the same as the address on the documents that you served. Third box left side: Print the names of the plaintiff/petitioner and defendant/respondent in this box. Use the same names as are on the documents that you sewed. Fourth box left side: Check the method of service that was used. You should check only one method of service and should show proof of only one method on the form. If you served a party by several methods, use a separate form to show each method of service. First box. top of form. riqht side: Leave this box blank for the court’s use. Second box, right side: Print the case number in this box. The case number should be the same as the case number on the documents that you served. Third box, right side: State the judge and department assigned to the case, if known. Complete items 1-6: 1. You are stating that you are over the age of 18. 2 Print your home or business address. 3. If service was by fax service, print the fax number from which service was made. 4. List each document that you served. If you need more space, check the box in item 4, complete the Attachment to Proof of Service-Civil (Documents Served) (form POS-040(D)), and attach it to form POS-040. 5. Provide the names, addresses, and other applicable information about the persons served. If more than one person was served, check the box on item 5, complete the Attachment to Proof of Service-Civil (Persons Served) (form POS-O40(P)), and attach it to form POS-O40. 6. Check the box before the method of service that was used, and provide any additional information that is required. The law may require that documents be served in a particular manner (such as by personal delivery) for certain purposes. Service by fax generally requires the prior agreement of the parties. You must sign and date the proof of service form. By signing, you are stating under penalty of perjury that the information that you have provided on form POS-040 is true and correct. POS-040 [Rev.January 1, 2020] PROOF OF SERVICE_CIVIL Page 3 of 3 (Proof of Service) STALWART LAW GROUP KOOONQU‘I-PUJNr-t NNNNNNNNNr-‘v-Kr-th-Kh-tr-ku-‘r-tr-Kr-s OOflGU‘I-PUJNi-‘OKOOOQONU‘I-PUJNh-‘O PROOF OF SERVICE F.R.C.P. 5 / C.C.P. § 1013a(3)/ Cal. R. Ct. R. 2.260 I am a resident of, or employed in, the County 0f Los Angeles. I am over the age 0f 18 and not a party t0 this action. My business address is: Stalwart Law Group, APC, 1100 Glendon Ave., Suite 1840, Los Angeles, California 90024. On December 14, 2020, I served the following listed document(s), by method indicated below, 0n the parties in this action: 1. PROOF OF SERVICE SEEATTACHED SERVICE LIST g BY EMAIL By electronically transmitting the document(s) listed above t0 the email address(es) 0f the person(s) set forth on the attached service list from the email address kim@stalwartlaw.com. To my knowledge, the transmission was reported as complete and Without error. Service by email was made E pursuant to Cal. R. Ct. § 2.251(c)(3) , 0r D pursuant to agreement of the parties, confirmed in writing, or D as an additional method of service as a courtesy to the parties, 0r D pursuant t0 Court Order. I declare under penalty 0f perjury under the laws 0f the State 0f California and the United States 0f America that the above is true and correct. Executed on December 14, 2020 at Los Angeles, California. @ / Kimberly Alvarado WW Type or Print Name Signature, 4 PROOF OF SERVICE STALWART LAW GROUP \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O SERVICE LIST Kate Morrow, Esq. Attorneys for Defendant, Michel & Fackler, APC SWENSON DEVELOPMENT & Mt. Diablo Plaza CONSTRUCTION 2175 N. California B1Vd., Suite 550 Walnut Creek, CA 94596 Telephone: (925) 933-7309 Facsimile: (925) 933-7310 Email: mandflaw@michelandfackler.net Jon A. Heaberlin, Esq. Rankin | Stock | Heaberlin | Oneal Attorneys for Defendant, 96 N Third St., Suite 500 CATHOLIC CHARITIES OF SANTA San Jose, CA 951 12-7709 CLARA COUNTY Telephone: (408) 293-0463 Facsimile: (408) 293-9514 Email: jon@rankinstock.com Yuri Briones Agent for Service of Process for Defendant 3355 Fowler Ave BRIONES MAINTENANCE SERVICES Santa Clara, CA 95051 CORPORATION 5 PROOF OF SERVICE