Opposition ObjectionsCal. Super. - 6th Dist.November 10, 2020DocuSign Envelope ID: 505803334804-49AB-A332-350183694AFB 200V373335 Santa Clara - Civil S. Vera 1 IAN R. GREENSIDES (231507) Electronigally Filed GREENSIDES LAW, a Professional Corporation by SUPerlor court 0f CA, 2 19925 Stevens Creek Boulevard, Suite 100 county 0f santa Clara, Cupertino, California 95014 0n 8/24/2021 4:51 PM 3 Telephone (408) 660-8050 Reviewed By: s. Vera 4 h0me@greensideslaw.com Case #20CV373336 Envelope: 7129669 5 6 Attorney for Plaintiffs IAN R. GREENSIDES & 7 MEGAN GREENSIDES 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY 0F SANTA CLARA 1 1 12 IAN R. GREENSIDES, MEGAN CASE NO: 20CV373336 13 GREENSIDES; PLAINTIFFS’ OPPOSITION TO MOTION TO 14 Pl , {ff QUASH SERVICE 0F SUMMONS AND/OR 1 5 am 1 S’ SET ASIDE ENTRY 0F DEFAULT 16 and Date: September 7, 2021 17 THE HIGHLANDER, PENINSULA . 18 WEST, LLC; and DOES 1 through Tlme= 9=00 AM 100; Dept: 19 19 Defendants. 20 21 22 IAN R. GREENSIDES & MEGAN GREENSIDES hereby respond t0 Defendant’s 23 Motion t0 Quash Service of Summons and/or Set Aside Entry 0f Default as follows: 24 25 26 I. Summary of Case 27 1. This is a dispute regarding a residential tenancy, whereby Ian R. Greensides and Megan 28 Greensides were the tenants of an apartment unit at the Highlander - an apartment community located at 620 Iris Avenue, Sunnyvale, Santa Clara County, California. Requests for Judicial Notice N0. 1 - 9 Greensides vs. Peninsula West, LLC dba the Highlander, et a1. Page 1 of 8 DocuSign Envelope ID: 5058CBBB-4804-49AB-AB32-BSO183694AFB \OOOQONUl-RUJNr-A NNNNNNNNNr-tr-tr-tr-Ar-Ar-Ar-‘r-‘r-‘r-t OOQQUI-PUJNh-‘OKOOOQQUI-PUJNF-‘O II. Procedural Background The Complaint and Summons in this matter were filed and issued 0n or about on November 10, 2020. Two known Defendants were identified in those filings, as “The Highlander,” and “Peninsula West LLC.” A Notice of Errata - Correction 0f Name of Defendant was filed with this Court 0n or aboutJanuary 15, 2021. This acknowledged that the Defendant was erroneously named as “The Highlander,” and “Peninsula West LLC.” It corrected the name 0f the Defendant t0 “Peninsula West LLC dba the Highlander.” On or about January 15, 2021, an Amended Summons was issued by this court, with Peninsula West LLC dba the Highlander.” III. Service of the Amended Summons, Summons, Complaint The Declaration of Non-Service at 200 South Santa Cruz Avenue #103, Los Gatos, California 95030, filed with this court on or about January 15, 2021 (Request for Judicial Notice N0. 1) - identifies several attempts to serve Richard S. Gregersen as the agent for process 0f service 0f Peninsula West LLC between 11 /23/2020 through 12/07/2020. a. On December 7, 2020, the process server was told that no one has been in that office for month. The Declaration 0f Non-Service at 2055 Summerside Drive, #250, San José, California 95122 (filed with this court on or aboutjanuary 15, 2021) reflects several attempts t0 serve Richard S. Gregersen as the agent for process of service 0f Peninsula West LLC between 11/23/2020 and 12/08/2020. On November 23, 2020, the leasing office denied that there Requests for Judicial Notice N0. 1 - 9 Greensides vs. Peninsula West, LLC dba the Highlander, et a1. Page 2 of 8 DocuSign Envelope ID: 5058CBBB-4804-49AB-AB32-BSO183694AFB \OOOQONUl-RUJNr-A NNNNNNNNNr-tr-tr-tr-Ar-Ar-Ar-‘r-‘r-‘r-t OOQQUI-PUJNh-‘OKOOOQQUI-PUJNF-‘O was n0 “unit 250,” but failed t0 disclose that Mr. Gregersen regularly does business at this leasing office. The Declaration of Non-Service at 2 Pasatiernpo Drive, Santa Cruz, California 95060, filed with this court on or about February 9, 2021, reflects multiple attempts to serve Richard S. Gregersen at his residence at several dates fromJanuary 28, 2021 through February 2, 2021. The Proof of Service 0f Summons (POS-OlO), with attached Declaration 0fDue Diligence, filed With this court 0n or about February 9, 2021, at 11:00 am, reflects that Richard S. Gregersen (as agent for Peninsula West dba the Highlander) was served by substituted service at 620 Iris Avenue, Sunnyvale, California. a. The documents served were as follows: Amended Summons, Summons, Complaint, Notice 0f Errata - Correction of Name 0f Defendant, Notice 0f Case Management Conference. b. The person t0 whom the documents were handed was Jay Doe (Who refused his last name). Jay Doe was apparently in charge 0f the leasing office during regular business hours. c. A declaration of due diligence was attached and the documents were mailed to These were not the only times that Peninsula West LLC dba the Highlander received actual notice of this litigation. The following documents were all served by mail on Peninsula West LLC dba the Highlander: a. Substitution 0f Attorney - Civil (NIC-OSO), for Ian R. Greensides, filed With this court on or about March 1, 2021. b. Substitution 0f Attorney - Civil (NIC-OSO), for Megan Greensides, filed with this court on or about March 1, 2021. C. Demand for Jury Trial, with attached Proof of Service, filed With this court 0n or Requests for Judicial Notice N0. 1 - 9 Greensides vs. Peninsula West, LLC dba the Highlander, et a1. Page 3 of 8 DocuSign Envelope ID: 5058CBBB-4804-49AB-AB32-BSO183694AFB 1 about March 1, 2021. 2 d. Proof 0f Service 0f Case Management Statement, With attached proof of service, 3 filed With this court on or about March 1, 2021. 4 4. These documents were all served by mail at the following address: Z a. 620 Iris Avenue, Sunnyvale, California 94086 - the location 0f the Highlander. 7 b. 200 South Santa Cruz Avenue #103, Los Gatos, California 95030 - the address 8 listed With the California Secretary 0f State’s website for the agent for process 0f 9 Service for Peninsula West LLC. 1(1) C. 2 PasatiCmpo Drive, Santa Cruz, California 95060-1807 - the address believed t0 12 be Richard S. Gregersen’s residence. 1 3 5. In addition, Ian R. Greensides gave notice of the litigation, when he handed the Summons, 14 Amended Summons, Complaint, Notice 0f Errata - Correction 0f Name 0f Defendant, 15 Notice 0f Case Management Conference - t0 Jay Doe 0n 0r about February 2, 2021; and 1: when he placed the documents in the mail slot Where rents are received at the Highlander 18 leasing office. 19 a. It is acknowledged that this did not constitute service (since Mr. Greensides is also 20 a party), but he did provide actual notice at the Highlander leasing Office. :; b. Ms. Diana Aragon, property manager, acknowledges in her declaration that she 23 became aware of this litigation 0n February 5, 2021. 24 6 In Mr. Greensides’ July 6, 2021, letter to attorney Mark W. Shem pointed out that the 25 following documents had been served: Amended Summons, Summons, Complaint, Notice :: of Errata - Correction of Name of Defendant, Notice of Case Management Conference. 28 In addition, Mr. Greensides provided a copy of the filed proof 0f service and notice that Peninsula West LLC dba the Highlander (and that service is proper at that address as both Requests for Judicial Notice N0. 1 - 9 Greensides vs. Peninsula West, LLC dba the Highlander, et a1. Page 4 of 8 DocuSign Envelope ID: 5058CBBB-4804-49AB-AB32-BSO183694AFB \OOOQONUl-RUJNr-A NNNNNNNNNr-tr-tr-tr-Ar-Ar-Ar-‘r-‘r-‘r-t OOQQUI-PUJNh-‘OKOOOQQUI-PUJNF-‘O the agent for process 0f service and as a managing member or officer of the LLC). Mr. Shem acknowledged receipt 0f the proof of service 0n August 4, 2021, but asserted that the documents should have been served at the closed offices for Peninsula West LLC: 200 South Santa Cruz Avenue #103, Los Gates, California 95030. Mr. Shem did not acknowledge that Richard S. Gregersen is the Manager and Chief Executive Officer 0f Peninsula West LLC (see Peninsula West LLC’s December 1, 2016 Statement 0f Information), filed With the Secretary 0f State’s office and submitted as Request for Judicial Notice N0. 10. III. Points & Authorities 1. Substituted service of Richard S. Gregersen is Proper at the Highlander Leasing office Because Peninsula West LLC Does Business as the Highlander Apartment Leasing Office. a. A summons may be served on a corporation by delivering a copy 0f the summons and the complaint bV anV of the following methods: (a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, 0r 2107 0f the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect 0n December 31, 1976, With respect to corporations to Which they remain applicable). (b) To the president, chief executive officer, or other head of the corporation, a Vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation t0 receive service 0f process. (c) If the corporation is a bank, to a cashier 0r assistant cashier or to a person specified in subdivision (a) 0r (b) (d) If authorized by any provision in Section 1701, 1702, 2110, or 21 11 of the Corporations Code (0r Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations t0 which they remain applicable), as provided by that provision. (Code 0f Civil Procedure §416.10) Requests for Judicial Notice N0. 1 - 9 Greensides vs. Peninsula West, LLC dba the Highlander, et a1. Page 5 of 8 DocuSign Envelope ID: 5058CBBB-4804-49AB-AB32-BSO183694AFB \OOOQONUl-RUJNr-A NNNNNNNNNr-tr-tr-tr-Ar-Ar-Ar-‘r-‘r-‘r-t OOQQUI-PUJNh-‘OKOOOQQUI-PUJNF-‘O The court has held that service 0fprocess is sufficient pursuant to Fed. R. CiV. P. 4(h3 When there is substantial compliance With CCP § 416.10%) When a corporation receives actual notice 0f the suit against it. . Team Enters LLC V. Western 111V. Real Estate Trust (ED. Cal. Sept. 22, 2008), 2008 U.S. Dist. LEXIS 82883, amended, (ED. Cal. Oct. 7, 2008), 2008 U.S. Dist. LEXIS 84351. California emplovs a liberal construction 0f its service 0f process statutes t0 effectuate jurisdiction, rather than t0 defeat it. Team Enters LLC V. Western 111V. Real Estate Trust (ED. Cal. Sept. 22, 2008), 2008 U.S. Dist. LEXIS 82883, amended, (ED. Cal. Oct. 7, 2008), 2008 U.S. Dist. LEXIS 84351. Service was attempted on Defendant in this matter at the address listed for process 0f service for Peninsula West LLC. When that was unsuccessful, because defendant kept that office location closed, attempts were made at other locations where Peninsula West LLC does business and at Mr. Gregersen’s residence. Ultimately, service was successful Via substituted service at the location where Peninsula West LLC does business as the Highlander: 620 Iris Avenue, Sunnyvale, California. Richard S. Gregersen is the Chief Executive officer and a managing member. 2. Peninsula West LLC dba the Highlander had Actual Notice 0f this Litigation N0 less than 16 Times Prior t0 the Default Being Submitted As outlined above, in the Requests for Judicial Notice and in the Declaration of Ian R. Greensides the defendant had been served Via substituted service With the Amended Summons, Summons, Complaint, Notice of Errata - Correction 0f Name of Defendant, Notice 0f Case Management Conference. Mr. Greensides gave actual notice of this litigation 0n two occasions on February 2, 2021. Diana Aragon acknowledges actual notice 0f this litigation in her declaration on or about February 5, 2021. Requests for Judicial Notice N0. 1 - 9 Greensides vs. Peninsula West, LLC dba the Highlander, et a1. Page 6 of 8 DocuSign Envelope ID: 5058CBBB-4804-49AB-AB32-BSO183694AFB \OOOQONUl-RUJNr-A NNNNNNNNNr-tr-tr-tr-Ar-Ar-Ar-‘r-‘r-‘r-t OOQQUI-PUJNh-‘OKOOOQQUI-PUJNF-‘O On or about April 14, 2021, the Request for Entry of Default was served by mail on defendant at the same three addresses listed above. It was then submitted to the court 0n 0r about May 17, 2021. The defendant had actual notice 0f this litigation n0 less than 16 times. Defendant Peninsula West LLC dba the Highlander is an experienced litigator. The court’s records in Santa Clara County reflect that defendant has appeared in many cases under the name 0f Peninsula West LLC and as the Highlander. Defendant should not be permitted t0 ignore the proper service of the Summonses and Complaint and related documents. Defendant’s failure to file an answer was not excusable neglect. As such, this motion must be denied by the court. IV. Conclusion Defendant was properly served Via substituted service at the location where it does business and where Richard S. Gregersen does business as Peninsula West LLC. Mr. Gregersen should not be permitted to lock his office doors for the publicly listed location to serve him - and then assert that he cannot then be served at a location where his LLC (Peninsula West) actually does business (the location of the Highlander apartments). Defendant has provided incorrect information to this court, asserting that it did not have actual notice 0f this litigation. Defendant and or its legal counsel have the ability to review the publicly available online docket - Which appears to be when they assert they learned 0f the pending default. However, their moving papers ignored the multiple proofs 0f service that have been filed in this matter, reflecting that Defendant received actual notice 14 times, as documented by the Requests for Judicial Notice N0. 1 - 9 Greensides vs. Peninsula West, LLC dba the Highlander, et a1. Page 7 of 8 DocuSign Envelope ID: 5058CBBB-4804-49AB-A832-B50183694AFB 1 proofs of service. In addition, Mr. Greensides provided actual notice twice (in addition t0 the 2 proper substituted service). 3 Ms. Aragon acknowledged actual notice as 0f February 5, 2021. 4 Based 0n the foregoing, Plaintiffs hereby oppose Plaintist requests as follows: 5 6 1. Defendant’s motion t0 quash service of the Summons must be denied. 7 2. Defendant’s motion to set aside the pending default must be denied. 8 3. Plaintiffs hereby request that the court deny all 0f defendants’ requests in their moving 9 papers submitted in support of this motion. 1 0 11 Respectfully submitted, 12 DocuSigned by: 8/24/2021 . 13 Date: lat; KP éVE’UA’S‘JLS IAN k fifififififismEs 14 GREENSIDES LAW, a Professional Corporation 1 5 Attorney for Plaintiffs IAN R. GREENSIDES 16 MEGAN GREENSIDES 1 7 1 8 19 20 2 1 22 23 24 25 26 27 28 Requests for Judicial Notice N0. 1 - 9 Greensides vs. Peninsula West, LLC dba the Highlander, et a1. Page 8 0f 8
