AffidavitCal. Super. - 6th Dist.December 2, 2019Donald Charles Schwartz, Esq. (SBN. 122476) Law Offices of Don'aid C; Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 4 831-331-9909; Facsimile 815-301-6556 donald lawofficedonaldschwartz.corn 5 Attorney for Plaintiff April Heinsaar 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CLARA April Heinsaar, 11 Plaintiff, 12 V. 14 Walgreens and Does 1 100 15 16 ] No. 19CV359446 ] ] ] ] ] ] Date: 04/01/2021 ] Time: 10:00 a.m. ] Dept: 8 17 18 19 [I] 20 [2] 21 [3] DECLARATION OF DONALD CHARLES SCHWARTZ RE: ORDER TO SHOW CAUSE I, Donald Charles Schwartz, declare: If called as a witness I could and would competently testify as follows: I am licensed to practice law in the State of California. The Summons and Complaint have been served on defendant Walgreens as set forth in 22 the attached Exhibit I Proof of Service by a Registered Process Server. 23 I certify under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct, unless as stated on info Date: March 19, 2021 26 27 28 0'onald Charles Schwartz Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/19/2021 1:55 PM Reviewed By: A. Rodriguez Case #19CV359446 Envelope: 6073014 19CV359446 Santa Clara - Civil EXHIBIT IHI I 1 ATTORNEY OR PARTY WiTHOUT ATTORNEY (Name, State Bar numder, snd address): Donald Schwartz, 122476 Donald Schwartz, Attorney at Law 7960-B Soquel Drive, Unit 291 Aptos, CA 95003 TELEPHONE NOu (831)331 9909 ATTGRNEYFGR(Nemo/. Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Superior Court of California, Santa Clara County 191 N. First Street San Jose, CA 95113-1090 FOR COURT I/SE ONLY POS-010 PLAINTIFF/PETITIQNER: April Heinsaar DEFENDANT/REsPQNDENT: Walareens. et al. CASE NUMBER: 1 9CV359446 Ref. No. or File No 4 PROOF OF SERVICE OF SUMMONS Heinsaar v. Walgreens 1. At the time of service I was a citizen of the United States, at least 18 years of age and not a party to this action. SV ~AX 'ummons, Complaint (No Fee), Statement of Damages 3. a. Party served: WalgreenS b. Person served: Store Manager - Person Authorized to Accept Service of Process 4. Address where the party was served: 3860 DeCOtO Rd Fremont, CA 94555 5. I served the party b. by substituted service. On (date): 03/18/2021 at (time):10 38AM I left the documents listed in item 2 with or in the presence of: Alfred Chu - Manager on Duty - Person In Charge of Office (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. (4) A declaration of mailing is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: d. on behalf of: Walgreens Other: Business Oraanization Form Unknown 7. Person who served papers a. Name: Timothy E. Ault b. Address: One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 c. Telephone number: 415-491-0606 d. The fee for service was: $ 101.50 e. I am: (3) registered California process server. (i) Employee or independent contractor. (iil Reqistration No. 924 (iii) County Alameda 8. I declare under penalty of oeriurv under the laws of the United States of America snd the State of California that the foreqoinq is true and correct. Date: 03/18/2021 7lmothy E. Ault lNAMF OF PERRON INHO SERVFG PAPERC1 Form Adopted for Mandatory Use Judkclal Counol of Cairfornra POSJH 0 (Rev. Jan 1, 2007I PROOF OF SERVICE OF SUMMONS lSIGNATilRE1 Code of CrvilProcedure 041710 ATTORNEY OR PARTY WITHOUT ATTORNEY (nlame end Addmeer Donald Schwartz, 122476 Donald Schwartz, Attorney at Law 7960-B Soauel Drive Aptos, CA 95003 ATTORNEYFOR(Name) pleirrtiff Ineert name ofcourt, IuChoal Chetlict or brarnh court, rt any: Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF April Heinsaar DEFENDANT: Walgreens, et al. PROOF OF SERVICE BY MAIL TELEPHONE NO.. (831)331-9909 Ref. No or File No. Heinsaar v. Walareens FOR COURT UEE ONLY 19CV359446 BY FAX I am a citizen of the United States, over the age of 18 and not a party to the within action. My business address is 1400 N. Mcoowell Blvd, Petaluma, CA 94954. On 03/1 9/2021, after substituted service under section CCP 41 5.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)(B) was made (if applicable), I mailed copies of the: Summons, Complaint (No Fee), Statement of Damages to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Petaluma, California, addressed as follows: Walgreens Store Manager 3860 Decoto Rd Fremont, CA 94555 I am readily familiar with the frrm's practice for collection and processing of documents for mailing. 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 ofbusiness. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Fee for Service: 8 101.50 One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 I declare under penalty of perjury under the laws of the United States of America Rnd the State of California that the foregoing is true and correct End that this declaration wss executed on 03/19/2021 at Petaluma, California. Travis Carpenter