DeclarationCal. Super. - 6th Dist.October 19, 2020KOOONQUl-PUJNH NNNNNNNNNr-tr-tr-Kr-tr-tr-tr-tr-Kr-Kr-t OONQUl-PUJNF-‘OKOOONQUl-PUJNF-‘O ZOCV372367 Santa Clara - Civil ALEXANDRIA C. KAVALARIS, ESQ, SBN 273522 akavalaris@venturahers ey.com VENTURA HERSEY & MULLER, LLP 1506 Hamilton Avenue San Jose, California 95 1 25-4539 Telephone: 408-5 12-3022 Facsimile: 408-5 12-3023 Attorneys for Defendant Ruiz Brothers Preferred Plumbing, Inc. S. Ve Electronically Filed by Superior Court of CA, County of Santa Clara, on 1l21l2022 9:37 AM Reviewed By: S. Vera Case #20CV372367 Envelope: 8107772 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JAMES L. ZUBILLAGA and CHERISH ZUBILLAGA, as individuals, Plaintiffs, vs. RUIZ BROTHERS PREFERRED PLUMBING, INC; AMERICAN CONTRACTORS INDEMNITY COMPANY; and DOES 1-25, inclusive, Defendants. I, ALEXANDRIA C. KAVALARIS, declare: Case N0. 20CV372367 DECLARATION OF ALEXANDRIA C. KAVALARIS IN SUPPORT OF DEFENDANT RUIZ BROTHERS PREFERRED PLUMBING, INC.’S EXPARTE APPLICATION FOR STAY OF ENFORCEMENT OF JUDGMENT PER CCP § 918 PENDING HEARING ON MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT Date: January 2 1 , 2022 NO HEARING REQUESTED 1. I am an attorney at law licensed t0 practice before this Court and a partner at Ventura Hersey & Muller, LLP. We have been retained by Defendant Ruiz Brothers Preferred Plumbing, Inc. in the instant matter. 2. My office obtained copies 0f all proofs 0f service filed by Plaintiffs with the Court in this matter. Due t0 the “concluded” status 0f this matter, Iwill identify and attach the proofs 0f service t0 my declaration, rather than request the Court take judicial notice 0f these filings, as it is possible that the court file for this matter is not readily available t0 the Court. I’a DECLARATION OF ALEXANDRIA C. KAVALARIS IN SUPPORT OF MOTION FOR AN ORDER SETI'ING ASIDE DEFAULTAND DEFAULTJUDGMENT KOOONQUl-PUJNH NNNNNNNNNr-tr-tr-Kr-tr-tr-tr-tr-Kr-Kr-t OONQUl-PUJNF-‘OKOOONQUl-PUJNF-‘O 3. On November 6, 2020, Plaintiffs filed a proof 0f service 0f the Summons and Complaint 0n Defendant Ruiz Brothers. The proof 0f service states that “Jim Ruiz-person authorized t0 accept service 0f process” was substitute served by leaving the documents with “Jane Doe”. . .the “person in charge 0f office” at 420 Franklin Lane. The proof of service further states that the Summons and Complaint were mailed t0 that same address. A true and correct copy 0f the Proof 0f Service 0f Summons is attached hereto as Exhibit A. 4. On January 5, 2021, Plaintiffs filed a Request for Entry 0f Default against Ruiz Brothers. The proof 0f service 0n page 2 0f the Request states that Defendant Ruiz Brothers was served 0n January 5, 2021 by mailing the Request t0 420 Franklin Lane. A true and correct copy 0f the Request for Entry 0f Default is attached hereto as Exhibit B. 5. On March 16, 2021, Plaintiffs submitted a Judgment Package by Default t0 the Court which attached a proof 0f service 0f the Default Judgment Package. The proof 0f service indicates that, yet again, the papers were mailed t0 420 Franklin Lane. A true and correct copy 0f the Request for Default Judgment is attached hereto as Exhibit C. 6. On August 30, 2021, Plaintiffs appeared at a default judgment prove-up hearing and thereafter, 0n August 3 1 , 202 1 , the Court entered a Default Judgment against Ruiz Brothers. The Notice 0f Entry 0f Judgment states that it was served by mail at Jim Ruiz’s P.O. Box 130 in Livermore, California 9455 1. A true and correct copy 0f the Notice 0f Entry 0f Default Judgment is attached hereto as Exhibit D. 7. On October 7, 2021, I sent a letter t0 Plaintiffs’ counsel a letter detailing the defective service 0n Ruiz Brothers and requesting that Plaintiffs stipulate t0 set aside the default and default judgment against Ruiz Brothers. A true and correct copy 0fmy correspondence is attached hereto as Exhibit E. 8. On October 11, 2021, Plaintiffs’ counsel sent correspondence in response and stated that Plaintiffs refused t0 stipulate t0 set aside the default and Default Judgment. A true and correct copy 0fmy correspondence is attached hereto as Exhibit F. 9. On October 26, 2021, Defendant Ruiz Brothers filed their Motion t0 Set Aside Default and Default Judgment. 10. Due t0 staffing shortages, the filed motion papers were not returned from the Court 2 DECLARATION OF ALEXANDRIA C. KAVALARIS ISO EX PARTE APPLICATION FOR A STAY OF ENFORCEMENT OF JUDGMENT PURSUANT TO CCP § 918 KOOOQQUl-PUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUl-PUJNP-‘OKOOOQQUl-PUJNHO until November 23, 2021, and even then, a hearing date had not been assigned for the Defendant’s Motion. 11. After learning that the hearing date 0n the Motion t0 Set Aside Default and Default Judgment had been set for February 15, 2022, 0n December 17, 2021, Defendant Ruiz Brothers applied for TRO enjoining enforcement 0f the Default Judgment, which was denied “without prejudice t0 a procedurally appropriate request for stay 0f enforcement ofjudgment,” which Defendant Ruiz Brothers now requests 0f the Court in the instant application. Plaintiffs filed a written opposition t0 Defendant Ruiz Brothers’ ex parte application. A true and correct copy 0f the December 17, 2021 Order is attached hereto and incorporated herein as Exhibit G. 12. Plaintiffs have twice submitted an Abstract 0f Judgment t0 the Clerk, most recently 0n January 7, 2022, both 0fwhich were rejected by the Clerk. True and correct copies 0f the Civil Filing Rejection Letters are attached hereto and incorporated herein as Exhibit H. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct and that this Declaration was executed this 20th day 0f January 2022, ALEXANDRIA C. KAVALARI§ at San Jose, California 3 DECLARATION OF ALEXANDRIA C. KAVALARIS ISO EX PARTE APPLICATION FOR A STAY OF ENFORCEMENT OF JUDGMENT PURSUANT TO CCP § 918 EXHIBIT A ZOCV372367 Santa Clara - Civil POS-010 A‘ITORNEY OR PARTY WITHOUT ATTORNEY (Name. State Ear number. and a'ddmss): FOR COURT USE ONLY Lawrence Burek, 132001 System System Law Office of Lawrence M. Burek 6424 E. Greenway Parkway. Suite 100 Scottsdale. AZ 85254 Elmmomm (480)753-3945 e‘ ATTORNEY FOR (Name): Plaintiff b ‘ SUPERIOR COURT 0F CAUFORNIA. COUNTY 0F y ‘ Superior Court of California. Santa Clara County CO| 191 N. First Street on San Jose, CA 951 13-1 090 _ PLAINTIFFIPETITIONER: James |__ Zubmaga, et a" CASE NUMBER: Re\ DEFENDANTIRESPONDENT: Ruiz Brothers Preferred Plumbinq. et al. 200572367 C35 Ref. No. or File No.1 En \ PROOF 0F SERVICE 0F SUMMONS Ruiz BY FAX 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. 2, | sewed copies of; Civil Case Cover Sheet, Civil Lawsuit Notice, Summons, Complaint 3. a. Party served: Ruiz Brothers Preferred Piumbing. Inc b- Person Served: Jim Ruiz - Person Authorized to Accept Service of Process 4. Address where the party was served: 420 Franklin Lane Livermore, CA 94551 5. | served the party b- by substituted service. 0n (date): 11/04/2020 at (time): 12:09PM l left the documents tisted in item 2 with or in “16 Presence 0f: Jane Doe (W/F/B 6/5'7"/1501b) - Person In Charge of Office (1) (business) a person at Ieast 18 years of age apparently in charge at the office or usual place of buainess of the person to be served. | 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 foilows: d. op behalf of: I Rusz Brothers Preferred Plumbing, Inc under: CCP 416.10 (corporation) 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 forserv'ice was: $ 106.00 e. lam: (3) registered California process server. (i) Employee 0r independent contractor. (ii) Reaistration No.- 924 (iii) County Alameda 8. I declare under penalty of pen‘ury under the laws of the United States of America and the State of Caiiftnrnia tha't the foregoing is true and correct. Date: 11/042020 70.x Timothv E. Ault NAME 0F PEEfiQN Wflo SERVED PAPERS] {SIGNATURE} qun Adoptgd for Managing U591 Jw'mfifli'afiffi'gg? Pm ° PROOF 0F SERVICE 0F summons '0L# 15420055 Code of Civil Procedure. § 41?.10 ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (NamasndAddtssj: TELEPHONE NO.: FOR COURT USE ONLY Lawrence Burek. 132001 (430)753-4945 Law Office of Lawrence M. Burek 6424 E. Greenwav Parkwav Scottsdale. AZ 85254 FW- ND. Ema Nn- ATTORNEY FOR (Name): Plaintiff Ruiz Insert name dcourLJmidfl dblriniar branch court. ifany: Santa Clara - First Street 191 N. First Street San Jose, CA 951 13-1090 PLAINTIFF: James L. Zubillaga, et al. DEFENDANT: Ruiz Brothers Preferred Plumbing, et al. C&SE NUMBER: PROOF OF SERVICE BY MAiL 20cv372357 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. McDowell Blvd. Petaluma, CA 94954. On 111052020. after substituted service under section CCP 415.20(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: Civil Case Cover Sheet, Civil Lawsuit Notice; Summons, Complaint to the person to be served at the place where the copies were ieft 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: Ruiz Brothers Preferred Plumbing, Inc Jim Ruiz 420 Franklin Lane Livermore, CA 94551 I am readily familiar with the firm's practice for collection and processing of documents for mailing. Underthat 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. l 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: $ 106.00 I declare under penalty of perjury under the laws of the United States of America and the State of Califomia'that the foregoing is true and correct and that this. declaration was executed on 11/05/2020 at Petaluma, California. One Legal - P-000618-Sonoma NJ “L" 1400 North McDowell Blvd, Ste 300 Petaiuma, CA 94954 .Trams Carpenter OL# 15420056 EXHIBIT B on 1/5/2021 11:46 AM Reviewed By: D Harris Envelope: 5575599 ClV-100 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR N0: 132001 FOR ecum- usE oNLv NAME: Lawrencce Burek FIRM NAME: Law Office of Lawrence M. Burek STREET ADDRESS: 6424 E. Greenwav Parkwav. Suite 100 FILED CITY: Scottsda|e STATE: AZ ZIP CODE: 85254 1 2 TELEPHONE N0»: 480-758-3945 FAX N0; 430-718-8608 0 /05/ 021 E-MAILADDRESS: Iburek@lsblawvers.com Clerk of The Court ATrORNEY FOR(name): James and Cherish Zubillaaa Superior Court of CA 5511::le cou1R9T1o; :IAqLéfothtlA, (EOUNTY 0F Santa Clara County of Santa C|ara ET ADDRESS: O ITS fee MAILING ADDRESS: 200V372367 CITY AND ZIP CODE:San Jose 951 1 3 By: DHarriS BRANCH NAME: Downtown PIaintiff/Petitioner:James L Zubillaaa and Cherish Zubillaoa Defendanthespondent: Ruiz Brothers Preferred Plumbina. Inc. et al REQUEST FOR E Entry of Default E Clerk's Judgment CASEN‘JMBER‘ (Application) E Court Judgment 200V372367 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) {see CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a- on (date): October 19, 2020 b. by (name): James L. Zubillaaa and Cherish Zubillaoa c. E Enter default of defendant (names): Ruiz Brothers Preferred Plumbing, Inc. P- E l request a court judgment under Code of Civil Procedure sections 585(b), 585(0), 989, etc.. against defendant (names): (Testimony required. Apply to the clerk for a hearing date, unless the coun will enter a judgment on an affidavit under Code Civ. Proc., § 585(d).) e. E Enter clerk's judgment (1) D for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.)E Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was sewed in compliance with Code of Civil Procedure section 415.46. (2) E under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) E for default previously entered on (date): 2. Judgment to be entered. Arum Cr dit kn wI ed m a. Demand of complaint ............. $ 65,000 $ $ 65.000 b. Statement of damages* (1) Special .................... $ $ $ (2) General .................... $ $ $ c. Interest ........................ $ $ $ d. Costs (see reverse) .............. $ $ $ e. Attorney fees ................... $ $ $ f . TOTALS ...................... $ 65.000 $ $ 65.000 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425. 1 1.) 3. E (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: Januarv 5, 2021 QM flyLawrence Burek g. (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIF‘ OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) m Default entered as requested on (date): 01/05/2021 USE ONLY (2) E Default NOT entered as requested (state reason): Clerk, by DHarris , Deputy Page 1 on Form Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure. §§ 585-587, 1169 Judicial Council of California ClV-100 I _ (Rev. January 1, 2020] (Application to Enter Default) www.couns.ca.gov ClV-1 00 CASE NUMBER: ZOCV372367 Plaintiff/Petitioner: James L. Zubillaga and Cherish Zubillaga Defendant/Respondent: Ruiz Brothers Preffered Plumbing, |nc., et al. 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistantD did E did not or compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.2 b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5. E Declaration under Code Civ. Proc., § 585.5 (for entry ofdefault under Code Civ. Proc., § 585(3)). This action a. E is E is not on a contract or instalIment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. E is E is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. D is E is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Defaultwas a. E not mailed to the following defendants, whose addresses are unknown to p|aintiff or plaintiffs attorney (names): b. E mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date): Jauarv 5. 2021 (2) To (specify names and addresses shown on the envelopes): Ruiz Brothers Preferred Plumbing, Inc. 353 Fran v-x Lmqrmare) CA 0A 3'3\ | declare under penalty of perjury under the laws of the State of California that thef oing items 4, 5, and 6 are tr d correct. Date: Januarv 5. 2021 Becky Krause Burek ’ Am (TYPE OR PRINT NAME) ( NATURE 0F DECLARANT) 7. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees .................... $ b. Process servers fees ................. $ c. Other (specify): $ d. $ e. TOTAL ............................. $ f. E Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: b (TYPE 0R PR'NT NAME) (SIGNATURE 0F DECLARANT) 8. Declaration of nonmilitary status (required forajudgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act. 50 U.S.C. App. § 391 1(2), or California Military and Veterans Code sections 400 and 402(f). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Januarv5.2021 Q fl \M,Lawrence Burek (TYPE OR PRINT NAME) (slGNAT‘RE 0F DECLARANT) C'V'1°° [ReV-January 1-20201 REQUEST FOR ENTRY OF DEFAULT P39” “2 (Application to Enter Default) For your protection and privacy, please press the Clear This Form button after you have printed the form. | Print this form I I save this form J EXHIBIT C on 3/1 6/2021 4:42 PM Reviewed By: D Harris Envelope: 6046544 CIV-1OO ArrORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR N01 1 32001 NAME: Lawrence Burek FIRM NAME: Law Office of Lawrence M. Burek smEET ADDRESS: 6424 E. Greenwav Parkwav. Suite 1 00 cny; Scottsdam STATE: AZ ZIP CODE: 85254 TELEPHONE No; 480-758-3945 FAX NO-r 480-71 8-8608 E-MAlLAaDRESS: |burek@lsblawvers.com AfiORNEY FORfinamer James L. Zubillaua and Cherish Zubillaua F ILE UOR COURT USE ONLY 03/ 1 6/2021 Clerk of The Court Superior Court of CA SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Sana c1ara STREET ADDRE55:191 North First Street MAILING ADDRESS: cn‘Y AND zap CODESan Jose 951 1 3 BRANCH NAME:Downtown County of Santa Clara ZOCV372367 PIaintiff/Petitioner: James L. Zubilllaaa and Cherish Zubillaaa Defendant/Respondent: Ruiz Brothers Preferred Plumbinq. |nc.. et al. By: DHarris (Application) E Court JudgmentREQUEST FOR E Entry of Default E Clerk's Judgment CASE NUMEER: 200V372367 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see CIv-105) ‘1. TO THE CLERK: 0n the complaint or cross-complaint filed a. on (date): October 19. 2020 b. by (name): James L. Zubillaoa and Cherish Zubillaaa c. E Enter default of defendant (names): d. E | request a court judgment under Code of Civil Procedure sections 585(1)), 585(c), 989, etc.. against defendant (names): Ruiz Brothers Preferred Plumbing. Inc (Testimony required. Apply to the clerk for a hearing date, unless the court will enter ajudgment on an affidavit under Code Civ. Prom, § 585(0).) e. E Enter clerk's judgment (1) E for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 11740:) does not apply. (Code Civ. Prom. § 1169.)E Include in the judgment all tenants. subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) E under Code of Civil Procedure section 585(3). (Complete the declaration under Code Civ. Proa, § 585.5 on the reverse (item 5).) (3) E for default previously entered on (date): 2. Judgment to be entered. mm gamma m a. Demand of complaint ............. $ 65‘000 $ 0 $ 65.000 b. Statement of damages‘ (1) Special .................... $ D $ O $ 0 (2) General .................... $ 0 $ 0 $ 0 c. Interest ........................ $ 0 $ 0 $ 0 d. Costs (see reverse) .............. s 541.00 $ o $ 541.00 e. Attorney fees ................... $ 0 $ 0 S 0 f . TOTALS ...................... $ 65.541 $ 0 $ 65‘541 g. Daily damages were demanded in complaint at the rate of: $ (" Personal injury or wrongful death actions; Code Civ. Proc., § 425. 1 1.) per day beginning (date): 3. E (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: March 3. 2021 > flK-Lawrence Burek (Tva 0R PRINT NAME) (SIGNATURE OF PLAINTIF} OR ATTORNEY FOR PLAINTiFF} FOR COURT (1) Default entered as requested on (date): 03/ 1 6/21 USE ONLY (2) Default NOT entered as requested (state reason): c'erkibv game; flew Form Adopted for Mandatory Use REQUEST FOR ENTRY oF DEFAULT Code of Civil Procedure, §§ 585-567. 1 169 Judicial Council cf California CJV-1 00 www.courzsca‘gav iReu. January 1. 202a; (Application to Enter Default) CIV-1 00 PlaintifflPetitioner: CASE N UMBER: Defendanthespondent: 4. Legal document assistant or unlawful detainer assistant (Bus. 8. Prof. Code, § 6400 et seq.). A legal document assistant or uniawful detainer assistantE did E did not or compensation give advice or assistance with this form. if declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.: b. Street address. city, and zip code: d. County of registration: e. Registration no: f. Expires on (date): 5. m Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Cfv. Proc., § 585(a)). This action a. E is E is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 e1 seq. (Unruh Act). b. D is E is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. E is E is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Defaultwas a. E not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. E mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or. if none, to each defendant's last known address as follows: (1) Mailed on (date): March 3. 2021 (2) To (specify names and addresses shown on the envelopes): Ruiz Brothers Preferred Plumbing, Inc. 420 Franklin, Livermore CA 94551 | declare under penalty of perjury under the laws of the State of California that the fore oing items 4, 5. and 6 are true and correct. Date: March {@2021 Becky K. Burek (TYPE OR PRINT NAME) (SI TURE 0F DECLARANT) 7. Memorandum of costs (required ifmoneyjudgment requested). Costs and disbursements are as fouows (Code Civ. Proc.. § 1033.5): a. Clerk's filing fees .................... $ 435 b. Process servers fees ................. $ 106 C. Other (specify): $ o d. $ 0 e. TOTAL ............................. 3 541 .00 f. E Costs and disbursements are waived. g. l am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: March 3. 2021 Lawrence Burek >aM K (TYPE 0R PRlNT NAME) (SIGNATUR{0F DECLARANT) 8. Declaration of nonmilitary status (required for ajudgment). No defendant named in item 1c of the application is in the military service as that term is defined by eitherthe Servicemembers Civil Relief Act. 50 U.S.C. App. § 3911(2), or California Military and Veterans Code sections 400 and 402(f). l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: March 3. 2021 ’QWfl,gLawrence Burek (TYPE 0R PRINT NAME) (sxeNMbRE 0F DECLARANT) CIV-100[Rev.Januarv1.20201 REQUEST FOR ENTRY 0F DEFAULT (Appllcation to Enter Default) For your protection and privacy, please press the Clear This Form button after you have printed the form. I print {his fem, I | Save this form I Page 2 of 2 EXHIBIT D ATTORNEY OR PARTY WITHOUT ATTORNEY fName, Stale Sar number, and adcfressi Von R. Reyes (SBN 205186) / Reginaldo J. G. Villarreal, Jr. (SBN 321475) ERICKSEN ARBUTHNQT 210 N. 4th Street Suite 350 San Jose, California 95112-5543 TELE I HoNE No (408) 286-0880 Fnx No Ioprronaii (408) 286-0337 E-MAIL ADDREss foPfronali vreyes@encksenarbuthnot corn / rviltarreal@ericksenarbuthnot corn ATTQRNEY FQRINamel Plaintiffs James L. Zubillaga and Cherish Zubillaga SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss 161 N. 1st Street, San Jose, CA 95113 MAiumonooREss 191 N. 1st Street, San Jose, CA 95113 cITYANDZIPcoDE San Jose 95113 BITANcH NAME Old Courthouse pLAINTIFF/PETITIONER. James L. Zubillaga and Cherish Zubillaga DEFENDANT/RESPONDENT; Ruiz Brothers Preferred Plumbing, Inc, et al. FOR COURT USE ONLY CIV-130 (Check one): NOTICE OF ENTRY OF JUDGMENT OR ORDER UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded was exceeded $ 25,000) $25,000 or less) CASE NUMBER 20 CV 372367 TO ALL PARTIES: 1 A judgment, decree, or order was entered in this action on (dare): August 30, 2021 2. A copy of the judgment, decree, or order is attached to this notice. Date. September 10, 2021 Von R. Reyes By Reginaldo J. G. Villarreal, Jr ITYPE OR PRINT NAME ~n ATTORNEY ~ PARTY WITHOUT ATTORNEY) mmQ,.~m wQ,(7 ISISNATURE) Form Approved for Opironal Use J dfual Counul of Calffornra CIV-130 INew January I, 2010I NOTICE OF ENTRY OF JUDGMENT OR ORDER Page I of 2 www coons ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/10/2021 1:18 PM Reviewed By: L. Wang Case #20CV372367 Envelope: 7242280 20CV372367 Santa Clara - Civil L. Wang PLAINTIFF/PETITIONER James L Zubillaga and Chensh Zubillaga DEFENDANT/RESPONDENT. Ruiz Brothers Preferred Plumbing, Inc., et al. CASE NUMBER 20 CV 372367 CIV-130 PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE/ You cannot serve the Notice of Entry of Judgment or Order if you are a partyin the action. The person who served the notice must complete this proof of service.) 1 I am at least 18 years old and nota party to this action. I am a resident of or employed in the county where the maikng took place, and my residence or business address is (specify) 210 N. 4th Street Suite 350, San Jose, California 95112-5543 I served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one) a ~ deposited the sealed envelope with the United States Postal Service. b ~x placed the sealed envelope for collection and processing for ma/ling, following this business's usual practices, with which I am readily familiar On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service 3. The Notice of Entry of Judgment or Order was mailed a. on (da/e) September 10, 2021 b. from (city and state) San Jose, California The envelope was addressed and mailed as follows';Jame of person served. Ruiz Brothers Preferred Plumbing, Inc c/o Jim Ruiz Street address P O. BOX 130 City' ivermore State and zip code California, 94551 c Name of person served Street address. City: State and zip code: b Name of person served d. Name of person served. Street address; City; State and zip code Street address City State and zip code. Names and addresses of additional persons served are attached. (You may use form POS-030(P) ) 5 Number of pages attached. I declare under penalty of periury under the laws of the State of California that the foregoing is true and correct. Date: September 10, 2021 Jennifer Earnest (TYPE OR PRINT NAME OF DECLARANT) clv-lao [Nao Jaa afy I, 2010I NOTICE OF ENTRY OF JUDGMENT OR ORDER Page 2 of 2 Von Ryan Reyes (SBN 205186) Reginaldo J. G. Villarreal, Jr. (SBN 321475) ERICKSEN ARBUTHNOT 3 210 North Fouish Street, Suite 350 San Jose, California 95112 4 Telephone (408) 286-0880 Facsimile (408) 286-0337 Email: vreyes@erickscnarbuthnot.corn 6 rvil1arrea1Qaericksei1&it'hutlmot. corn Atiorneys for Plaintiff .IAMES L. ZIJBILLAGA and CHERISH ZUBILLAGA IOI/ I'.,'hu ')A("H.M)%EL).Ittv ls, 10 SUPERIOR COURT OF CALII ORNIA COUNTY OF SANTA CLARA 12 JAMES L, ZUBILLAGA and CHERISH 13 7UBILLAGA, as individuals, 14 Plaintiffs, 15 V. 16 Case No. 20CV372367 ~PPPf7~D] JUDGML&"NT BY COURT Ali TER PROVE UP IIEARING AGAINST RUI7 BROTITLiRS PREFE(RREiD PLUMBING& INC. 17 19 20 21 22 RUIZ BROTHERS PREFERRED I'LUMBING, INC.; AMERICAN CONTRACTORS INDEMNITY COMPANY, and DOES I - 25, u1clusive, Defendants. Complaint filed: October 19, 2020 Trial Date: None 23 I. CASLr SUMMARY 24 1. 1nn.odncdon 25 This is an action for breach of written contract, general negligcncc laid enforcement of contractor's bond against defendants Ruiz Brothers Preferred Plumbing, Inc.; American 27 Contractors Indemnity Company; and Doe Defendants. Plaintiffs .James L. 7ubillagii and Cherish 28 Zubillaga are owners-builders of real propel'n Saratoga, California. Plaintiffs entered into I I IPIIOI'0 T.'D] JUDGMENT BY COURT AFTER PROVE UP llltARING AGAINST RUIZ BROTDFRS PREFERRED PLUMBING, INC. I wlltten colltl'acts witli various co&it&'actol's, subconti'acloi's and lliatei'ial siipplici's iricludillg Ruiz 2 Brothers Preferred Plumbing, Inc. ("Ruiz Brothers") in a construction project at Plaintiffs' i'esidence, Ruiz Brothers was responsible for supplying and installing certain plumbing, pipes and fixtures as described in the provisions of the written contract ("Contract") between Plaintiffs mid Ruiz Brothers. 6 Ruiz Brothers failed to: properly install the plumbing, pipes and fixtures; connect certain 7 pipes and condensation lines; complete all the worl&; and complete all customer service work g correctly the first time. In failing to properly install, connect and complete all work described in the Contract, Ruiz Brothers were negligent in said work by failing to use thc skill, prudence aml care 10 that a reasonably careful plumber would have used in similar circumstances, 11 As a result of Ruiz Brothers's contractual brcach and negligent conduct, Plaintiffs suffered 12 damage to their residence, Adjacent component patss where Ruiz Broth&us conducted work were damaiged. Water and moisture dripped fiom pipes and condensation lines into wall cavities, thereby causing damage to nearby walls and building componc!i!s of the residence. 15 2. Defnutt ofRuiz Brothers 16 Plaintif'fs served Ruiz Brothers with the Summons and Complaint via substituted service on November 4, 2020, but Ruiz Brothers failed to file a responsive pleading. Plaintiffs then seive&1 form interrogatories to Ruiz Brothers on November 25, 2020 but never served a response. Plaintif'fs 19 requested and the clerk cntcrcd thc default of Ruiz Brothers on March 16, 2021. 3. Appticntion For Default Judgment In conjunction with its Application For Default, Plaintiffs also requested a court judgment 22 which the Court denied on June 16, 2021. The Court set a trial setting conference for July 12, 2021 23 at 11;00 AM, at which lime a prove-up hearing would be scheduled. 24 II. JUDGMENT 25 IJaving read and considered the Application, all papers filed in this action, and all evidence 9e&bt, At the time Plaintiffs &a&tered into wrliien oou&rac&s, they were trustees of tl)e Zublllaga Family lvlog Trust ("1'I'list ) which was the managing partner of Rubies Dol Oro, LLC ("LLC"), the original owner-builder. Iu July, 2015, the LLC transferred aod assigned all title, interest and ownership, including all contracts aud rights the&eon, io the Trust aod subsequently io Plaintiffs as individuals. 2 IPBOPOSFDI JUDGMENT BY COURT AFTER PROVE UP IIEARING AGAINST RUIK BROTIIERS PREFERRED PLUMBING, INC. 1 pl'esentc&1, JUDGMENT IS ENTERED AS FOLLOWS: 2 l. Parties. a. Judgment is for Plaintiffs James L. Zubillaga and Cherish Zubillaga and against Defendant Ruiz Brothers Preferred Plumbing, Inc. Amount, a. Defendant Ruiz Brothers I'referred Plumbing, Inc. must pay Plaintiffs.lames L. Zubillaga and Cherish Zubiilaga as Drnnages $ 65,000.00 and as Costs $ 541.00. 10 12 13 IT IS SO 14 ORDERED, ADJUDGED an(l DECREED. 15 Date: 16 17 18 Judicial Oflicer v4 Y8A'& 19 20 21 22 23 24 25 26 27 28 3 11'/lOPOSED] JUDGMENT BY COURT AETER PROVE UP IIEARING AGAINST RUIZ BIIOTIIERS PREEERRED PLUMBING, INC. EXHIBIT E VENTURA HERSEY & MULLER LLP ATTORNEYS AT LAW Alexandria C. Kavalaris 408.512.3369 direct akavalaris@venturahersey.com October 7, 2021 By Email & First-Class Mail Von Ryan Reyes Reginaldo Villarreal Ericksen Arbuthnot 210 North Fourth Street, Suite 350 San Jose, CA 951 12-5543 vreyes@ericksenarbuthnot.com rvillarreal@ericksenarbuthnot.com Re: Zubz'llaga v. Ruiz Brothers Preferred Plumbing Santa Clara County Superior Court Case N0. 20CV372367 Dear Mr. Reyes and Mr. Villarreal: Please be advised that we have been retained by Ruiz Brothers Preferred Plumbing in relation t0 the above-captioned matter in which you represent James L. Zubillaga and Cherish Zubillaga. Our client recently learned for the first time of a default judgment (“Judgment”) Which was entered 0n August 3 1 , 2021. My office obtained a copy of all records filed in this matter and has determined that service of every document in this case, beginning with the initial Summons and Complaint filed by your clients” prior counsel, was defective. The purpose 0f this correspondence is to provide your clients with an opportunity to stipulate to set aside the Judgment. If your clients refuse, we Will proceed with a Motion to Set Aside pursuant to California Code of Civil Procedure section 473.5. Based upon my review 0f the documents, the motion will certainly be granted. Failure t0 Serve The failure to serve my client as required by the Code of Civil Procedure began with the Summons and Complaint. The proof of service filed by your predecessor, Mr. Burek, states that my client was purportedly substitute served With the Summons and Complaint at 420 Franklin Lane in Livermore, California 94551. A copy of the proof of service of summons is attached hereto for your review. Pursuant to Code of Civil Procedure section 415.10, a summons and complaint must be personally served. In lieu of personal service, Code of Civil Procedure section 415.20 provides that a party may be substitute served at the defendant’s residence or office. My client was not properly served at 420 Franklin Street because this address is not Ruiz Brothers’ place of Ventura Hersey & Muller LLP - 1506 Hamilton Avenue - Sanjose, CA 95125 408.512.3022 main - 408.512.3023 fax - www.venturahersey.com Von Ryan Reyes | Reginaldo J. G. Villarreal, Jr. | Ericksen Arbuthnot October 7, 2021 Page 2 of 2 business, and in fact is leased out t0 an unrelated tenant. The 420 Franklin Street address is not listed on the contract attached to the underlying Complaint, nor is the 420 Franklin Street address listed as my client’s place of business 0n the CSLB website. Further, my client did not have actual notice 0f the lawsuit because every document filed thereafter in the instant action was likewise sent to the incorrect 420 Franklin Street address. It was only when your office finally mailed the Judgment entered 0n August 3 1 , 2021, to the address listed on the CSLB website, PO Box 130, Livermore, CA 94551, that my client for the first time learned that they had been sued and sought counsel. Judgment Substantivelv Defective Finally, the Judgment is substantively defective because your clients filed suit and obtained a Judgment against my client arising from a scope of work that was not part of their contract and was performed by another contractor. Based 0n the foregoing, please confirm by no later than the close 0f business 0n Friday, October 15, 2021 , that your clients Will stipulate to set aside the default and default Judgment. My office Will prepare the paperwork. If such an agreement cannot be reached, my office Will file a motion and intends to seek attorneys” fees. Sincerely, Alexandria C. Kavalaris ACK/jmp Enclosure cc: Client Ventura Hersey & Muller LLP - 1506 Hamilton Avenue - Sanjose, CA 95125 408.512.3022 main - 408.512.3023 fax - www.venturahersey.com ZOCV372367 Santa Clara - Civil POS-O‘I'O AWORNEY‘OR MRTYWITHOUTmTORNE-vma'me. sash aar. number. andaddress): Lawrence-Burék,‘ 51 32001" Law Office of Lawrence M. Burek 6424 E. Greenwav Parkway. Suite 10,0 Scottsdale A285254 TELEPHONE "10¢: (480)758-3945 .mQRNEYFORM») Plaintiff SUPERIOR count ox:Monumcomw 0F superior Court o'f California, .S'an'ta Clara County: ' 19-51. N. FirSt Street San:..Jose.-, .CA 951134090 FOR COURTUSE ONLY. System System PLNNTIFFYPENT'IONERL Ja'm‘esL, Zubiflaga, 'eit al. DEFENDANTJREs-PONDENT: Ruiz Brothers: Preferred Plumbincx. "e’t al. CASE NUMBER: ZOCV372367 PROOFOF-SERVlCE 0F SUMMQNS Railway 9r. Elie No.5 Ruiz '1 . At .the-time: ofservice] was a- Citizen of the: Unimd States,.’at'least =18iyears. of age; and nota party to this .actipn;BY FAX 2‘ [sewed copies lot: Civil Case Cover Sheet,._'Ci’v.il Lawsuit Notice, Summonsx Complaint 3. a. party swerved; Ruiz Brothers PreferredPlumfbin-g; Inc b~ Person Served: Jim Ruiz .- Person Authorized t0 Accept Service qf- Process 4. Address where-the. party was=sen1edz 420 Franklin Lane Livermore, CA.- 9455-3 5 lserved the party b" by Sabstitutec! service. 0n (date): 11/0412020 at(time)i 1'2:09PM Heft theadoGum‘ents; listed in itemjz-witnor in the Preiseflce. 0f“ lane. Doe (W/F/36/5‘7‘V1501b) Person In Charce of Office (1)- (business) a person at teast 18 years ‘of age ‘app’arenfly In‘ charge at the office or usual ptace of business of tfie‘ person to h’e served. I informed him or her of the generalnature of the papers. (14} A declaration rot mailing isvattached. .6 The “Notice to the Person Served" (on the summons)'was ccmple‘tedaafoll'ows: d. on behalf of: Ruiz Brother's Preferred Plumbingd Inc unfit: CJCP 416.10 (Corporation)- 7. Person who Seated papers a. Name: nmotny E; Au]: b- Addresé? One-Legals- P-‘OQOGf‘IiSz-So'noma 1400mm Mgflcwellslyd, Ste goo Petalum‘a, CA 9,4954 c; 'T'elgphonenumber: 415-49130606; d'. The fee for.seruicezwas:.$ 106.00 e; I‘amz: (3) registered Calimeia process server. (i) Employee or Independent contraCtor (ii) R'eaistration No; 924 (iii).County Aiameda 8‘. l declare under benaity 0f peri'urv under’the {awwsof the United States of-Amefita and-thessmte of Ca'lifbmia that='the féregdinggiSi trueandtcurrect. Date: 1110412020 70a» fimothv E Ault (NAME QF PEBQN W89 ERVED PAEBS) Form Adopted for Mandalay Use ”mtgmffi'gfi?mm PROOF 0F SERVICE: 0F summons: {SIGNATURE} 0L# 15420056» 69336! 'Civis-Pmcedute; 54-1 1.1 n' AwomwoafiAwaxmourAnoanawmwmk ' momma; : F‘QRCOURT pseou'tv LaWren’ce'Burek. 13200-1 (480)758-3945: LawOffice of Lawrence M. Burek 6424 E.Sreenwav Parkwav Scottsdale;AZ85254 Ref; No.12:m, No. V “TOR"éYFWmJ’ Plaintiff Ruiz Inseam«mmmmorhmmyMW Santa; Clara» 5.First Street 19.1 N firstl-Stireet San Jose, CA 951 13911090 James L. ‘Zubiflaga, et‘al. DEFENDANT: Ruiz Brothers Preferred Plumbing; eta]. {CASE NUMBER: -2ocvs723‘67PROOF0F SERVICE BY MAIL ‘lv;a_m.fa. citizgn of'the. United States, overthe' age of 1:8and.=no’t~.a partylo the within action. My biasinessaddr’ess. i's' 1400 NMfibo‘wélt Blvd, Petai'u‘m‘a; CA 94954. O'n 1110512020, after substituted seryice under section CCP 41520(3) or 415 20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1 )(B) was made (if appficabte) {mailed copies ofthe: Civil Case Cover Sh.eet,.Civil Lawsuit Notice. Summons, Complaint to the person to be served a_t the place where the c'opies were left by placing a t'ru'e copy thereof endosed m a sealed envelcpe with First Class postage thereon fully prepaid", in the United States Mail.at Petaluma California. addressed as' follows: Ruizsrbmrs Preferred Plumbing, Inc Jim Ruiz. 420 Franklin Lane, Livermoret GA 94551. l am readily famiiiar with the firm's practice for coSlection and processing of documents for mailing Under that practice ”rt would be deposited within the United States Postal Service, on that same day, with postage thereon fully "prepaid in the ordinary course of business. E am aware that on motion ofthe party served. service is presumed invalid if pastel cancellation date or postage meter date"Is more than 'one (1 ) day after date of deposit. for mailing m affidavit I‘d'ec-l‘are‘n'nder penalty of‘pexjjmy under the laws of thesUni'tEd. Statespf America and the. State Vof'CaIifomia thatthe, foregoing .is. truegfind cancel: and that this declaration: was executed on ’1 1/05/2020 'atiPemlm._ Califorriia.‘ one Legal - Pmo$18$onoma ’ 1.400 North McDoWe‘Ili Blvd, Ste: 300 t Petaluma‘ CA 94954.. Travis; Carpenter -OL#’ 1.5420056- EXHIBIT F <€Q> ERICKSEN ARBUTHNOT Attorneys at Law 210 North Fourth Street Suite 350 San Jose, CA 95112-5560 T: 408.286.0880 F: 408.286.0337 ericksenarbuthnot.com C A L I F O R N I A O F F 1 C E s : Los Angeles San Francisco San Jose Concord/Eastbay Sacramento Fresno Bakersfield Walnut Creek VIA EMAIL ONLY October 11, 2021 Alexandria C. Kavalaris, Esq. Ventura Hersey & Mueller LLP 1506 Hamilton Avenue San Jose, California 95 125-4539 akavalaris@venturahersey.com Jpatterson@venturahersey.com Re: James L. Zubillaga, et a1. v. Ruiz Brothers Preferred Plumbing, Ina, et al. Santa Clara Superior Court Case N0. 20CV372367 Dear Ms. Kavalaris: We are in receipt of your letter emailed t0 our office Thursday evening. We write to respond t0 that letter and t0 further inform you that we will not stipulate t0 set aside either the default judgment 0r the entry 0f default because service of process was not defective and complied With the statute. The Code 0f Civil Procedure (“CCP”) provides a number 0fways to serve process on a corporation doing business in California. The most common method is by service on the corporation’s designated agent for service 0f process. CCP,§ 416.10, subd. (a). Otherwise, a corporation may be served by personally delivering a summons and complaint to those corporate officers, managers and employees identified in section 416.10, subdivision (b), g by delivering process to someone in charge of the office of one of the individuals identified in section 416.10, subdivision (b) and then mailing the individual a copy of the summons and complaint. CCP, § 415.20. The Corporation’s Agent For Service 0f Process Ruiz Brothers Preferred Plumbing, Inc. (“Ruiz Brothers”) is a California corporation. [Exh. A.] The agent for service 0f process is Jim L. Ruiz, 420 Franklin Lane, Livermore, California 94551. [Ibid] Mr. Ruiz has been the agent for process since at least 2013 [EXh. B], consistently utilizing the same address ever since as confirmed by the most recent filing. In October 2020, Mr. Ruiz filed a Statement oflnformation with the California Secretary 0f State stating that there had been “no change in any 0fthe information contained in the previous complete Statement 0f Information filed with the Alexandria C. Kavalaris, Esq. Re: James L. Zubillaga, et al. v. Ruiz Brothers Preferred Plumbing, Ina, et al. October 11, 2021 Page 2 California Secretary 0f State.” [Exh. C.] By electronically signing that Statement, he certified that the “no change” information was true and correct. In other words, the information in the previous complete Statement oflnformation filed with the California Secretary 0f State 0n March 18, 2013- that is, Exhibit B- was true and correct. Ruiz Brothers’ agent for service 0f process was, and continues to be, Jim L. Ruiz, 420 Franklin Lane, Livermore, California 94551. (Notably, he is apparently also the CEO, President, RMO and member of its three-person board 0f directors.) T_he allegation that the Franklin Lane address (i) is not Ruiz Brothers” place of business, (ii) is not listed on the contract attached to the underlying Complaint and (iii) is not listed 0n the CSLB Website are irrelevant for purposes 0f service 0f process. The address shown 0n the California Secretary 0f State’s Website [Exh. A], on Ruiz Brothers’ March 18, 2013 Statement oflnformation [Exh. B] and confirmed by the no-change Statement oflnformation [Exh. C] controls. It clearly shows the corporation’s agent and his address for service - Jim L. Ruiz, 420 Franklin Lane, Livermore, California, 94551. Items #4 and #5 0n March 18, 2013 Statement oflnformation also states that the corporation’s principal executive office and principal business office was, and still is, 420 Franklin Lane, Livermore, California, 94551. Finally, submissions 0f the two Statements oflnformation [Ehxs. B and C] certify that information contained therein is true and correct. As a practical matter, and contrary t0 your claim, the Secretary 0f State Will not accept a Statement oflnformation for filing that identifies a P.O. BOX as the address for service 0n an agent as stated 0n the face 0f the Statement oflnformation and the accompanying instructions. Jim L. Ruiz at 420 Franklin Lane, Livermore, California, 9455 1 is the proper agent for service 0f process, and Ruiz Brothers’ principal executive and business offices are located at this address. Service 0f Process Was Proper By its terms, CCP section 416.10 permits service 0n a corporation, that is not a bank, by way 0f: o service on an individual 0r entity designated as an agent for service 0f process (CCP § 416.10, subd. (81)); o service 0n one 0f the 11 officers or managers 0f the corporation specified in section 416.10, subdivision (b); o service on a person authorized by the corporation to receive service (CCP § 416.10, subd. (0)); 0r o service in a manner authorized by the Corporations Code (CCP § 416.10, subd. (d)). In turn, section 415.20 permits substituted service 0n a person specified in CCP section 416.10 by leaving “a copy of the summons and complaint during usual office hours in his 0r her office . . . Alexandria C. Kavalaris, Esq. Re: James L. Zubillaga, et al. v. Ruiz Brothers Preferred Plumbing, Ina, et al. October 11, 2021 Page 3 With the person Who is apparently in charge thereof, and by thereafter mailing a copy 0f the summons and complaint by first-class mail, postage prepaid to the person to be served at the place Where a copy 0f the summons and complaint were left.” The ProofofService ofSummons you provided clearly shows that on Wednesday, November 4, 2020 at 12:09 P.M. (usual office hours), a registered process server served the person in charge of the office with the Civil Case Cover Sheet, the Civil Lawsuit Notice, the Summons and the Complaint. Copies 0f the Summons and the Complaint were then mailed to Jim Ruiz on behalf of Ruiz Brothers Preferred Plumbing, Inc. as the person authorized t0 accept service (and as a corporate officer) 0n November 5, 2020- in full compliance with the statute. Furthermore, since process was served by a registered process server (Timothy E. Ault, Alameda County, Registration N0. 924), the law establishes a presumption 0f the facts stated in the Proof ofService ofSummons. EVid. Code, § 647. Your letter contained no evidence t0 rebut the statutory presumption; it only included the ProofofService ofSummons, Which establishes that substituted service was properly effectuated. If vou have evidence t0 rebut the presumption, please provide our office with such evidence forthwith. Ruiz Brothers Had Notice Since November 4, 2020 And Disclosed The Lawsuit T0 The Public Your client and its agent, Jim Ruiz, clearly had actual knowledge 0f the lawsuit since November 4, 2020. Your client was 0n notice that a lawsuit was filed against it. The prayer for relief in the Complaint stated that my clients sought damages for n0 less than $65,000 and for costs. For one reason 0r another, Ruiz Brothers elected t0 ignore the suit and simply sat on its rights. On December 24, 2020, Mr. Burek sent a letter t0 Ruiz Brothers Preferred Plumbing, Inc. at its corporate address as a warning that if a responsive pleading was not filed Within ten calendar days, a default would be requested. [EXh. D] The letter was ignored, even though you acknowledged that your client owns the real property t0 Which the letter was sent. And, with respect t0 the subsequent documents filed thereafter, including the request for entry 0f default, the notice 0f entry 0f default and the default packets Which were all sent t0 the corporate address, your client never contacted either Mr. Burek 0r our office t0 clarify the mailing address issue, t0 follow up with the Summons and Complaint, 0r t0 try to discuss settlement 0f the lawsuit. The fact that your client simply ignored the Summons and Complaint and the subsequent discovery since it was not mailed to its P.O. Box is irrelevant. The documents were mailed t0 Ruiz Brothers’ principal executive office and principal business office. It would appear disingenuous for Mr. Ruiz t0 hold himself out as the agent for Ruiz Brothers, listing 420 Franklin Lane, Livermore, California, 94551 as the address for the principal executive office, principal business office (where he is the CEO, President and RMO) and the address where he could be served and then claiming service was not properly effectuated at that address. Alexandria C. Kavalaris, Esq. Re: James L. Zubillaga, et al. v. Ruiz Brothers Preferred Plumbing, Ina, et al. October 11, 2021 Page 4 Additionally, Mr. Ruiz had knowledge 0fthe lawsuit because he told others that he was being sued by my clients. Mr. Ruiz, presumably in retaliation for my clients filing this lawsuit, sought back charges for the work it performed at my clients” residence. My clients can produce witnesses Who can attest t0 these facts. Your client was entitled t0 the opportuniZy t0 be heard and t0 have a decision rendered by a neutral decisionmaker. That opportunity accrued When Mr. Ault served process t0 the person in charge 0f Ruiz Brothers and lapsed When your client’ s default was taken two months after service and weeks after being warned in writing that default would be requested unless a responsive pleading was filed and served. It chose not t0 participate in the lawsuit, despite being 0n notice that my clients sought damages for n0 less than $65,000 including costs. Ruiz Brothers sat 0n its rights and elected t0 d0 nothing. It cannot now come and complain that it did not have an opportunity t0 contest the allegations in my clients’ Complaint. Allowing defendants t0 simply ignore the Summons only t0 later have them set aside defaults and default judgments dilutes the integrity and purpose of the service statutes. The Valid Court Judgment Since service 0f process was proper, the court judgment obtained in August is also proper and valid. Furthermore, your letter is not the proper forum t0 litigate the (false) allegation that the instant judgment does not stem from your client’s the scope 0f work as we have a Witness With personal knowledge t0 the contrary. Multiple Witnesses can link Ruiz Brothers’ shotty work t0 the damage to my clients’ dwelling. If Ruiz Brothers wanted to contest the Complaint’s allegations, it should have participated in the lawsuit in Santa Clara Superior Court, not by way 0f relief under CCP section 473.5. Based 0n my review 0f the documents and the lack of evidence from your office, the motion Will not be granted. Assuming arguendo that the court grants your threatened motion, which seems highly unlikely, my clients can prove the allegations contained in their Complaint. As you know, a prevailing party is entitled as a matter 0f right t0 recover costs in any action 0r proceeding. We remain hopeful that the issue can be resolved informally without resorting to motion practice. If your client would like to discuss satisfaction 0f the judgment, we would be happy t0 discuss it With you. Alexandria C. Kavalaris, Esq. Re: James L. Zubillaga, et al. v. Ruiz Brothers Preferred Plumbing, Ina, et al. October 11, 2021 Page 5 Yours Very Truly, ERICKSEN ARBUTHNOT Mg.MW Von R. Reyes Reginaldo J.G. Villarreal, Jr. Exhibit “A” 10/8/21, 9:25 AM Dr. Shirley N. Weber California Secretary of State Business Search - Business Entities - Business Programs | California Secretary of State 0‘ Business Search - Entity Detail The California Business Search is updated daily and reflects work processed through Thursday, October 7, 2021. Please refer to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Not all images are available online. 02438457 RUIZ BROTHERS PREFERRED PLUMBING, INC. Registration Date: Jurisdiction: Entity Type: Status: Agent for Service of Process: Entity Address: Entity Mailing Address: F Certificate of Status J 01/21/2004 CALIFORNIA DOMESTIC STOCK ACTIVE JIM L RUIZ 420 FRANKLIN LANE LIVERMORE CA 94551 420 FRANKLIN LANE LIVERMORE CA 94551 P.O. BOX 130 LIVERMORE CA 94551 A Statement of Information is due EVERY year beginning five months before and through the end of January. Document Type SI-NO CHANGE SI-COMPLETE AMENDMENT REGISTRATION 11 File Date 1,: PDF 10/29/2020 03/1 8/201 3 04/01/2008 01 [21/2004 * Indicates the information is not contained in the California Secretary of State's database. o If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. . For information on checking or reserving a name, refer to Name Availability_. o If the image is not available online. for information on ordering a copy refer to Information Reqw. o For information on ordering certificates, status reports, certified copies of documents and copies of documents not currently available in the Business Search or to request a more extensive search for records, refer to Information R_equests. o For help with searching an entity name, refer to Search Tip; o For descriptions of the various fields and status types, refer to Frequently Asked Questions. Modify Search New Search Back to Search Results https://businesssearch.sos.ca.gov/CBS/Detail 1/1 Exhibit “B” State of California s Secretary of State E-R4457O Statement of Information (Domestic Stock and Agricultural Cooperative Corporations) FlLED FEES (Filing and Disclosure): $25.00. If this is an amendment, see instructions. In the office of the Secret-ary 9f IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM State of the State of CaIIfornIa 1. CORPORATE NAME RUIz BROTHERS PREFERRED PLUMBING, INC. Mar - 18 201 3 P.o. Box 130 LIVERMORE CA 94551 2. CALIFORNIA CORPORATE NUMBER 02438457 Th's Spaoe F°r F'I'ng use only No Change Statement ( Not applicable if agent address of record is a P.O. Box address. See instructions.) 3. If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State. or no statement of information has been previously filed, this form must be completed in its entirety. D lfthere has been no change in any ofthe information contained in the last Statement of Information filed with the California Secretary of State,check the box and proceed to Item 17. Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 420 FRANKLIN LANE LIVERMORE CA 94551 5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, |F ANY CITY STATE ZIP CODE 420 FRANKLIN LANE LIVERMORE CA 94551 6. MAILING ADDRESS 0F CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE P.O. BOX 130 LIVERMORE CA 94551 Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the preprinted titles on this form must not be altered.) 7. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE JIM L RUIZ 420 FRANKLIN LANE LIVERMORE CA 94551 a. SECRETARY ADDRESS CITY STATE ZIP CODE FRED RUIZ 420 FRANKLIN LANE LIVERMORE CA 94551 9. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE JIM L RUIZ 420 FRANKLIN AVENUE LIVERMORE CA 94551 Names and Complete Addresses of All Directors, Including Directors Who Are Also Officers (The corporation must have at least one director. Attach additional pages, if necessary.) 1o. NAME ADDRESS CITY STATE ZIP CODE JIM L RUIZ 420 FRANKLIN LANE LIVERMORE CA 94551 11. NAME ADDRESS CITY STATE ZIP CODE FRED RUIZ 420 FRANKLIN LANE LIVERMORE CA 94551 12. NAME ADDRESS CITY STATE ZIP CODE EMILIO RUIZ 420 FRANKLIN LANE LIVERMORE CA 94551 13. NUMBER 0F VACANCIES 0N THE BOARD 0F DIRECTORS, IF ANY: Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street address, a P.0.Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank. 14. NAME OF AGENT FOR SERVICE OF PROCESS JIM L RUIZ 15. STREET ADDRESS 0F AGENT FOR SERVICE 0F PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 420 FRANKLIN LANE LIVERMORE CA 94551 Type of Business 16. DESCRIBE THE TYPE 0F BUSINESS 0F THE CORPORATION PLUMBING CONTRACTOR 17, BY SUBMITTING THIS STATEMENT OF INFORMATION T0 THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY A'I'I'ACHMENTS, IS TRUE AND CORRECT. 03/18/2013 MICHELLE E RUIZ ADMINISTRATOR DATE TYPE/PRINT NAME 0F PERSON COMPLETING FORM TITLE SIGNATURE Sl-200 (REV 01/2012) APPROVED BY SECRETARY OF STATE Exhibit “C” Electronic Filing California Secretary of State Secretary of State State of California Corporation - Statement of Information No Change Entity Name: Entity (File) Number: File Date: Entity Type: Jurisdiction: Document ID: RUIZ BROTHERS PREFERRED PLUMBING, INC. 02438457 10/29/2020 Corporation CALIFORNIA GK56267 There has been no change in any of the information contained in the previous complete Statement of Information filed with the California Secretary of State. By signing this document, | certify that the information is true and correct and that | am authorized by California law to sign. Electronic Signature: jim ruiz Use bizfile.sos.ca.gov for online filings, searches, business records, and resources. Document ID: GK56267 Exhibit “D” LAW OFFICE 0F LAWRENCE M. BUREK .A PROFESSIONAL CORPORATION Attorney at Law 6424 E. GREENWAY PARKWAY, SUITE 100 SCOTTSDALE, ARIZONA 852.54 tel (480) 758-3945 fax (480) 718-8608 Email lburek@lsblawyers.com December 24, 2020 Ruiz Brothers Preferred Plumbing, Inc. 420 Franklin Lane Livermore, CA 94551 Re: Zubillaga, et al v. Ruiz Brothers Preferred Plumbing, I nc et al Santa Clara County Superior Court Case No.: 20CV372367 Dear SirlMadam: On November 5, 2020 your office was served via substituted service with the summons, complaint and. related documents in the above referenced matter. A responsive pleading is long overdue. PLEASE TAKE NOTICE that if an answer to the complaint is not filed and served within the next 10 calendar days, a request for entry of Ruiz Brothers Preferred Plumbing, |nc.’s default will be promptly filed. l suggest you give this matter your immediate attention. Sincerely, v A $1wa L. LAWRENCE M. B REK EXHIBIT G KOOOQOUl-PUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUl-PUJNHOKOOOQQUl-PUJNi-‘O ALEXANDRIA C. KAVALARIS, ESQ, SBN 273522 akavalaris®venturahers ev.com VENTURA HERSEY & MULLER, LLP 1506 Hamilton Avenue San Jose, California 95 125 Telephone: (408) 512-3022 Facsimile: (408) 512-3023 Attorneys for Defendant Ruiz Brothers Preferred Plumbing, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JAMES L. ZUBILLAGA and CHERISH Case N0.: 20CV372367 ZUBILLAGA, as 1nd1v1duals, DENYING P1 . {ff P99090990] ORDER QRXNXXXG 3111 1 S, EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER [AND ORDER TO SHOW CAUSE RE RUIZ BROTHERS PREFERRED PRELIMINARY INJUNCTION] PLUMBING, INC.; AMERICAN CONTRACTORS INDEMNITY COMPANY; Date: NO HEARING REQUESTED and DOES 1-25, inclusive, VS. Time: Defendants. Dept: On reading the EX Parte Application 0f Defendant Ruiz Brothers Preferred Plumbing, the Declarations 0f James Ruiz and Alexandria C. Kavalaris, and the Memorandum 0f Points and Authorities submitted in conjunction therewith, it appears t0 the satisfaction 0f the Court that this is/\aOI-)rroper case for granting a Temporary Restraining Order, and that unless the Temporary Restraining Order be granted, great 0r irreparable injury will result t0 Defendant before the matter can be heard 0n notice. 00D CAUSE APPEARING THEREFORE: IT IS 0RD " k, D that, pending the hearing and dete u'-; 1011 on the Motion t0 Set Aside Default and Default Judgment 0n - o u, ry 15 e , Plaintiffs are restrained and enjoined from enforcing the Default Judgmen ' ered against De ‘ a nt Ruiz Brothers Preferred Plumbing, Inc. in any wa , " c uding but not limited t0, requesting issuance o : e tract ofjudgment, filing _ 1 _WWW ORDER Filed December 17, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 20CV372367 By: afloresca Signed: 12/17/2021 01:41 PM KOOONQUl-PUJNH NNNNNNNNNr-tr-tr-Kr-tr-tr-tr-tr-Kr-Kr-t OONQUl-PUJNF-‘OKOOONQUl-PUJNF-‘O IT IS ' _ RTHER ORDERED that Plaintiffs James L. Zubillaga an ’ erish Zubillaga appear in Department_ 0f this Court, located at 191 North First 4 eet, San Jose, California 951 13, 0n , 20 , at , 0r as : on thereafter as the matter may be heard, then and there t0 show cause, if any 1 - .. , why it and their agents, servants, employees and representatives, and all persons actin; ' concert 0r pa ' ipating with them, should not be enjoined and restrained fro a nforcing the Default Judgment en ~* d against Defendant Ruiz Brothers Preferre ’ umbing, Inc. in any way, including but not limited t0, - nesting issuance 0f abstract . judgment, filing and serving an Order t0 Appear for Examination 0r obtal 'n g a writ of ' ecution. Date: December 17’ 2021 JUDGE OF THE SUPERIOR COURT Helen E. Williams **The current posture 0f this case is that judgment has been entered. A temporary restraining order or prelimary injunction are not appropriate post-judgment. (See CCP section 527.) The ex parte application for a TRO/OSC are accordingly DENIED with- out prejudice to a procedurally appropriate request for a stay of enforcement ofjudgment. [PRePes-ED] ORDER EXHIBIT H SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE - CIVIL DIVISION 191 North First Srreet San Jose', California 951 l3 (408) 8822100 o Public Case Information Website: https:llcmponal.scscourt.orqIPortall Providing access to local cases through online search 8. retrieval. - Main Website: www.scscourt.org Providing access to ru1es, self help information. forms. fees, locations 8. phone numbers Civil Filing Rejection Letter ] Case Number: 200V372367 [ E ] Case Title: Zubillaga v. Ruiz Brothers Dear Sir/Madam: The Document is being returned forthe following reason(s): 1. D The Civil Case Cover Sheet adopted by Rule 3.220 is missing. Please submit the cover sheet within 10 days of this Notice or you may be subject to sanctions under California Rules of Court, Rule 2.30. D The case number is D missing, D incorrect, 0r D incomplete. D The documents MUST be on adopted Judicial Council forms. D Forms are obsolete. B The document is incomplete. Please complete information where “Red" check marks are placed. D The document is missing an original signature. D The document requires a $ Filing Fee 0r Waiver of Fees granted by this Court. NP7SVPFA’N D The document is not in compliance with Rule 2.100-2.1 19 as follows: a. D Caption page required c. D State Bar Number required b. D Two-hole punch and stapled d. D Telephone number .00 D RequestforDismissalisincomplete. Please providetheinformation requested. Complete: a. D item 1a. D item 1b. b. D item 2, need consentof D Cross-Complaint D Intervener D Complaint 9. D An Order 0f Court is required prior to filing this document. 10. D The case was dismissed on: 11. D The documentis filed in the incorrect Court. 1§ E Other: Abstract of Judgment: No check has been provided. A $40.00 issuance fee is required. Notes for Future Reference: 15. D To expedite your requests for Writs or Abstracts. please submit an endorsed filed copy of yourjudgment. 16. D Please enclose a self-addressed stamped envelope for the return of your copies. 17. D Please make checks payable to: Clerk Superior Court Date: “7/2022 Clerk of the Court Clerk, by x9 7701/ , Deputy The Cour: smflis nal authorized 10 give you legal advice or irmrucl you an which legalfiyms r0 use, as this commutes an mmulhorixdpraclice aflaw. The Court recommends (ha! you seek appropriate legal assistance, CV-5020 REV 1210311 5 4" PLAINTIFF: James L. Zubillaga and Cherish Zubillaga DEFENDANT: Ruiz Brothers Preferred Plumbing, |nc., et al. COURT CASE No; 20 CV 372367 NAMES AND ADDRESSES OF ADDITIONAL JUDGMENT CREDITORS: 13. Judgment creditor {name and address): 15. E Continued on Attachment 15. INFORMATION ON ADDITIONAL JUDGMENT DEBTORS: 16. Name and last known address 14. Judgment creditor (name and address): 17. Name and last known address V 7 L J L J Drivel’s license no. [last 4 digits] and state: E Unknown Social security no. [last 4 digits]: E Unknown Summons was personally served at or mailed to (address): 18. Name and last known address Driver’s license no. [last 4 digits] and state: E Unknown Social Security no. [last 4 digits]: E Unknown Summons was personally served at or mailed to (address): 20. E Continued on Attachment 20. 19. Drivers license no. [last 4 digits] and state: Unknown Social security no. [last 4 digits]: D Unknown Summons was personally served at or mailed to (address): Name and last known address Driver’s license no. [Iast 4 digits] and state: Unknown Social security no. [fast 4 digits]: E Unknown Summons was personally served at or mailed t0 (address): EJ-om (Rev. July 1. 2014] ‘ ABSTRACT 0F JUDGMENT_c[V]|_ Pagezorz AND SMALL CLAIMS SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE - CIVIL DIVISION 191 North First Street San José, California 951 13 (408) 8821 100 o Public Case Information Website: httpszllcmportalscscounorquortaH Providing access to local cases through online search 8. retrieval. o MainWebsite: www.scscourmm Providing access to rules. self help Information. forms, fees. locations 8. phone numbers. Civil Filing Rejection Letter [ ] Case Number: 2004972367 E ] Case Title. Zubilll‘aga eL a]. V. Ruiz Brothers Plumbing et. al, Dear Sir/Madam: The Document is being returned for the following reason(s): 1. D The Civil Case Cover Sheet adopted by Rute 3.220 is missing. Please submit the cover sheet within 10 days of this Notice or you may be subject to sanctions under Caiifornia Rules of Court. Rule 2.30. D The case number is D missing, D incorrect. or D incomplete. D The documents MUST be on adopted Judicial Council forms. D Forms are obsolete. D The document is incomplete. Please complete information where “Red" check marks are placed. E The document is missing an original signature. D The document requires a $ Filing Fee or Waiver of Fees granted by this Court. N999?!“ D The document is not in compliance with Rule 2100-21 1 9 as follows: a. D Caption page required c. D State Bar Number required b. D Two-hole punch and stapled d. D Telephone number 9° D Requestfor Dismissal is incomplete. Please providethe information requested. Complete: a. D item 1a. D item 1b. b. D item 2, need consentof D Cross-Complaint D Intervener D Complaint 9. D An Order of Court is required prior to filing this document. 10. D The case was dismissed on: 11. D The documentis filed intheincorrectCoun. Women Abstracts require original signature. Notes for Future Reference: 15. D To expedite your requests for Writs or Abstracts, please submit an endorsed filed copy of yourjudgment. 16. D Please enclose a self-addressed stamped envelope for the return 0f your copies. 17. D Please make checks payable to: Clerk Superior Court Date; 12/14/2021 Clerk of the Court Clerk. by A. VILLANUEVA I Deputy The Cour! xlafi'is not authorized r0 give you legal advice or instructyou on which legalforms Io use. as this constituIes an unawlmfizedpmm‘ce aflaw. The Court recommends Ihat you seek appropriate legal assistance. CV-SOZO REV 12103115 ”J EJ-001 ATTORNEY OR PARTY \MTHOUT ATTORNEY (Name, address, and Srare Barnumber}: Aner recording. retum to: Von R. Reyes (205186) Reginaldo J. G. Villarreal, Jr. (321475) ERICKSEN ARBUTHNOT 210 N. 4th Street Suite 350 San Jose, California 951 12-5543 TELNO: (408) 286-0880 FAX NOV (opuonal): (408) 286-0337 E.MAIL ADDRESS {omenam vreyes@ericksenarbuthnot.com ATTORNEY JUDGMENT E ASSIGNEE FOR CREDITOR OF RECORD SUPERIOR COURT 0F cnumnmmcounw 0F SANTA CLARA STREETADDRESS: 161 N. 1stStreet MNLINGADDRESS: 191 N. 1stStreet CITY AND ZIPCODE San Jose 951 1 2 BRANCHNAME: Old Courthouse FOR RECORDER'S USE ONLY PLAINTIFF: James L. Zubillaga and Cherish Zubillaga DEFENDANT: Ruiz Brothers Preferred Plumbing, lnc., et al. CASE NUMBER: 20 CV 372367 ABSTRACT OF JUDGMENT-CIVIL AND SMALL CLAIMS D Amended FOR COURT USE ONLY 1. TheE judgmentcredltor E assignee of record applies for an abstract ofjudgment and represents the following: j J UnknownE Unknown a. Judgment debtor's Name and fast known address RUIZ Brothers Preferred Plumbing, Inc. o Jim Ruiz 20 Franklin Lane Livermore, California 94551 b. Driver’s license no. [last 4 digits] and state: Sociai security no. [last 4 digits]:.0 d. Summons or notice of entry of sister-state judgment was personally served or mailed to (name and address): Ruiz Brothers Preferred Plumbing, Inc. I420 Franklin Lane, Livennore, California 94551 2.E Information 0n additional judgment debtors is shown on page 2. 3. Judgment creditor (name and address): James L. Zubillaga and Cherish Zubillaga 15651 Robles Del Oro Saratoga. California 95070-6430 Date: October 7. 2021 Reginaldo J. G. \flllarreal, Jr. mPE 0R PRINT NAME) 4. E Information on additionaljudgmentcreditorsis shown on page 2. 5. E Original abstract recorded in this county; a. Date: b. Instrument No.1 Dwaymwgczk (SIGNATURE opflmcmr on ATTORNEY) / 6. Total amount ofjudgment as entered or last renewed: $65,541.00 7. All judgment creditors and debtors are Iisted on this abstract. 8. a. Judgment entered 0n (date): August 30, 2021 b. Renewal entered on (date): 9.E This judgment is an installmemjudgment. [SEAL] 10. EAn E execution lien E attachment lien is endorsed on the judgment as follows: a. Amount: $ b. In favor of (name and address): 11. A stay of enforcement has a. E not been ordered by the court. b.E been ordered by the court effective until (date): 12. a. Icertify that this is a true and correct abstract 0f thejudgment entered in this action. This abstract issued on (dare): b. D A certified copy of the judgment is attached. Clerk, by , Deputy jsfligdgzbiddjog'mgfig USE ABSTRACT OF JUDGMENT-CIVIL Code DY Civil Procedure P394381 23102 AND SMALL CLAIMS 553.705.1525EJ-om [Rem July 1, 2014]
