DeclarationCal. Super. - 6th Dist.December 8, 2020lO ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 200V374471 Santa Clara - Civil LAW OFFICES 0F JAY W. SMITH E'ectronlcally Filed Jay W. Smith, Esq., Sbn 1501 13 by $”Peri0’ COU” 0f CA, Nancy A. Young, Esq., Sbn 183328 county 0f santa Clara: 6644 Valjean Avenue, Suite 200 on 7/21/2021 3:14 PM Van Nuys, California 91406 Reviewed By: R. Burciag: T (818)709-2556 Case #2ocv374471 F (818) 709-2513 Envelope: 6897068 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIMITED JURISDICTION ALLIED PROPERTY AND CASUALTY ) Case N0. 20CV374471 INSURANCE COMPANY, an Iowa ) corporation 3 ) DECLARATION OF JAYW SMITH, Plaintiff, ) ATTORNEY FOR PLAINTIFF, AMCO ) INSURANCE COMPANY, an Iowa vs. ) corporation’s RESPONSE TO ORDER T! g SHOW CAUSE FOR FAILURE TO FILE PHUNG NHU HO a/k/a PHUNH NIIU HO; ) DEFAULT JUDGMENT SONNA NGETH; ) DOES 1 through 10, inclusive; ) DATE: JULY 29, 2021 ) TIME: 10:00AM Defendant(s) DEPT: 19 I, JAYW SMITH, CERTIFY AND DECLARE: 1. I am a duly licensed attorney, licensed t0 appear in all courts in the State of California and am one 0f the attorney 0f record for plaintiff, Allied Property and Casualty Insurance Company, an Iowa corporation, in the above-entitled action. Ihave personal knowledge 0f the facts and circumstances contained herein and if called as a Witness herein, I could and would competently testify thereto. 2. On June 14, 2021, at approximately 3:25pm, service was completed upon Page 1 Declaration of Jay W. Smith, Attorney for Plaintiff w D l R. Burciaga lO ll 12 l3 l4 l5 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 Phung Nhu Hoaka Phunh Niiu H0 at 1165 Camano Ct, San Jose, CA 95 122. Phung Nhu Hoaka Phunh Niiu H0 was served by substituted service on Jane Doe (6O F Asian 5’2” 1201bs). Copies were mailed t0 Phung Nhu Hoaka Phunh Niiu H0 on June 16, 2021. A copy of the Proof of Service 0f Summons was electronically filed by the Court 0n July 16, 2021. A true and correct copy of the e-filed Proof 0f Service 0f Summons is attached hereto and marked as Exhibit “1”. 3. On 0r about July 10, 2021, at approximately 11:37am, service was completed upon Sonna Ngeth at 1165 Camano Ct, San Jose, CA 95122. Sonna Ngeth was served by substituted service 0n John Doe (A/M/36/5’5/1 80#). Copies were mailed to Phung Sonna Ngeth on July 13, 2021. A copy of the Proof 0f Service of Summons was electronically filed by the Court on July 16, 2021. A true and correct copy 0f the e-filed Proof 0f Service of Summons is attached hereto and marked as Exhibit “2”. 4. I apologize t0 the Court, as I meant no disrespect and would appreciate it if the Court would consider not ordering sanctions against the Plaintiff and Plaintiff” s counsel. I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on July 21, 2021, at Van Nuys, California. THE LAW OFFICES OF JAY W. SMITH By: ‘ J YWSMIT ,ESQ. Page 2 Declaration of Jay W. Smith, Attorney for Plaintiff EXHIBIT! ""1 ZOCV374471 Santa Clara - Civil POS_01 o ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY L- \Nang Jay Smith, 1501 13 LAW OFFICES 0F JAY w. SMITH Electronically Filed 6644 VALJEAN AVE #1 00 by superior court of CA,VAN NUYS, CA 91406 TELEPHONENO; (81 8)709_2556 ounty of Santa Clara,C ATTORNEY FOR(Name): P|aintiff 0n 7/1 6/2021 8.34 AM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Reviewed By: L. Wang C E Superior Court of California, Santa Clara County 359 #ZOCV374471 191 N. First Street nvelope: 6861765 San Jose, CA 951 13-1090 PLAINTIFF/PETITIONER: Allied Property and Casualty Insurance Company CASE NUMBER: DEFENDANT/RESPONDENT: PHUNG NHU Ho” ET AL 20CV374471 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS 209039 n 1. At the time of service | was a citizen ofthe United States, at least 18 years of age and not a party to this action. D I I AX 2. lserved copies of: Summons, Complaint, Civil Lawsuit Notice, Change of Address 3. a. Party served: PHUNG NHU HO aka PHUNH NIIU HO b. Person Served: Party in item 3a 4. Address where the party was served: 1 165 Camano Ct San Jose, CA 95122 5. | served the party b. by SUbStitUted SGWice- On (date): 06/1 4/2021 at (time): 3:25PM | left the documents listed in item 2 with or in the presence of: Jane Doe (60 F Asian 5'2" 120Ib) - Person In Charge Of Office (2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. (5) | attach a declaration of diligence stating actions taken first to attempt personal service. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. 7_ Person who served papers a' Name: Garv Genest 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: $ 81 .40 e. | am: (3) registered California process server. (i) Employee or independent contractor. (ii) Registration No.: 1560 (iii) County: Santa Clara 8. | declare under penalty of periury under the laws of the United States of America and the State of California that the foregoing is true and correct. Date: 06/1 5/2021 63$ Garv Genest (NAME 0F PERSON WHo SERVED PAPERS) (SIGNATURE) Form Adepted for Mandatory Use Code of Civil Procedure, § 417.1 0 Judicial Council of California POS-010 [Rev.Jan 1,2007] PROOF OF SERVICE OF SUMMONS OL# 16440462 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Jay Smith, 150113 (818)709-2556 LAW OFFICES OF JAY W. SMITH 6644 VALJEAN AVE #100 VAN NUYS, CA 91406 I Ref. No. or File No. ATTORNEY FOR (Name): 20903� Insert name of court, judicial district or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF: Allied Property and Casualty Insurance Company DEFENDANT: PHUNG NHU HO., ET AL DECLARATION OF CASE NUMBER: DILIGENCE 20CV374471 I received the within process on 6/10/2021 and that after due and diligent effort I have been unable to personally serve said party. The following itemization of the dates and times of attempts details the efforts required to effect personal service. Additional costs for diligence are recoverable under CCP §1033.5 (a)(4)(B). PARTYsERvE□: PHUNG NHU HO aka PHUNH NIIU HO (1)Home: 1165 Camano Ct,, San Jose, CA 95122 As enumerated below: On 6/12/2021 5:10:00 PM at address (1) above. No Answer no cars On 6/13/2021 11 :11 :00 AM at address (1) above. No Answer no cars On 6/14/2021 3:25:00 PM at address (1) above. No Answer BY FAX I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct and that this declaration was executed on 06/15/2021 at Petaluma, California. Registered California process server. County: Santa Clara Registration No.: 1560 Gary Genest One LeQal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 OL# 16440462 Plaintiff A'I'I'ORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Jay Smith, 1501 13 (81 8)709-2556 LAW OFFICES OF JAY W. SMITH 6644 VALJEAN AVE #1 00 VAN NUYS’ CA 91406 Ref.No.or Fle No. ATTORNEY FOR(Name): Plaintiff Insert name of court, judicial district or branch oourt, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 951 13-1 090 PLAINTIFF: Allied Property and Casualty Insurance Company 209039 DEFENDANT: PHUNG NHU HO., ET AL CASE NUMBER: PROOF OF SERVICE BY MAIL 200v374471 BY FAX | 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 06/1 6/2021, 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), | mailed copies of the: Summons, Complaint, Civil Lawsuit Notice, Change of Address 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: PHUNG NHU HO aka PHUNH NIIU HO 1165 Camano Ct San Jose, CA 95122 | am readily familiar with the firm'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 of business. | 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. . _ 8 1 40 | declare under penalty of perjury under the laws of the United States of America and the State Fee for serv'ce' $ ' of California that the foregoing is true and correct and that this declaration was executed on 06/16/2021 at Petaluma, California. One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 X1 C/ Petaluma, CA 94954 Travis Carpenter 0L# 16440462 EXHIBIT "2” ZOCV374471 Santa Clara - Civil POS_01 o ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY System System Jay Smith, 1501 13 LAW OFFICES 0F JAY w. SMITH Electronically Filed 6644 VALJEAN AVE #100 by superior court of CA,VAN NUYS, CA 91406 TELEPHONENO; (81 8)709_2556 ounty of Santa Clara,C ATTORNEY F0Rz Plaintiff on 7/1 6/2021 4:12 PM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Reviewed By: System System C E Superior Court of California, Santa Clara County 359 #ZOCV374471 191 N. First Street nvelope: 6868002 San Jose, CA 951 13-1090 PLAINTIFF/PETITIONER: Allied Property and Casualty Insurance Company CASE NUMBER: DEFENDANT/RESPONDENT: PHUNG NHU HQ, et 3L 20CV374471 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS 209039 n 1. At the time of service | was a citizen ofthe United States, at least 18 years of age and not a party to this action. D I I AX 2. lserved copies of: Summons, Complaint, Civil Law Suit Notice, Request of Change of Address 3. a. Party served: SONNA NGETH b. Person Served: Party in item 3a 4. Address where the party was served: 1 165 Camano Ct San Jose, CA 95122 5. | served the party b. by SUbStitUted SGWice- On (date): 07/1 0/2021 at (time): 1 1 :37AM | left the documents listed in item 2 with or in the presence of: John DOE (A/M/36/5'5/180#) - Occupant (2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. (5) | attach a declaration of diligence stating actions taken first to attempt personal service. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. 7_ Person who served papers a- Name: Michael Mezzetti 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: $ 81 .40 e. | am: (3) registered California process server. (i) Employee or independent contractor. (ii) Registration No.: (iii) County: 8. | declare under penalty of periury under the laws of the United States of America and the State of California that the foregoing is true and correct. Date: 07/1 3/2021 “P Michael Mezzetti (NAME 0F PERSON WHo SERVED PAPERS) (SIGNATURE) Form Adepted for Mandatory Use Code of Civil Procedure, § 417.1 0 Judicial Council of California POS-010 [Rev.Jan 1,2007] PROOF OF SERVICE OF SUMMONS OL# 16440501 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Jay Smith, 150113 (818)709-2556 LAW OFFICES OF JAY W. SMITH 6644 VALJEAN AVE #100 VAN NUYS, CA 91406 I Ref. No. or File No. ATTORNEY FOR (Name): 20903� Insert name of court, judicial district or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF: Allied Property and Casualty Insurance Company DEFENDANT: PHUNG NHU HO, et al. DECLARATION OF CASE NUMBER: DILIGENCE 20CV374471 I received the within process on 6/10/2021 and that after due and diligent effort I have been unable to personally serve said party. The following itemization of the dates and times of attempts details the efforts required to effect personal service. Additional costs for diligence are recoverable under CCP §1033.5 (a)(4)(B). PARTYSERVED: SONNA NGETH (1)Home: 1165 Camano Ct,, San Jose, CA 95122 BY FAX As enumerated below: On 7/8/2021 5:11 :00 PM at address (1) above. No Answer multiple cars, garage door open, shouted out, no one came out On 7/9/2021 11 :30:00 AM at address (1) above. No Answer multiple cars in driveway On 7/10/2021 11:37:00 AM at address (1) above. Not In Registered California process server. County: Registration No.: Michael Mezzetti One LeQal - 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 and the State of California that the foregoing is true and correct and that this declaration was executed on 07/12/2021 at Petaluma, California. OL# 16440501 Plaintiff ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Jay Smith, 1501 13 (81 8)709-2556 LAW OFFICES OF JAY W. SMITH 6644 VALJEAN AVE #100 VAN NUYS, CA 91406 Ref.No.orFie No. ATTORNEY FOR(Name): P|aintiff 209039 Insert name of oourt, judicial district or branch oourt, if any: Santa Clara - First Street 191 N. FirstStreet San Jose, CA 951 13-1 090 PLAINTIFF: Allied Property and Casualty Insurance Company DEFENDANT: PHUNG NHU HO, et al. CASE NUMBER: PROOF 0F SERVICE BY MAIL 200v374471 BY FAX | 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 07/13/2021, 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), | mailed copies of the: Summons, Complaint, Civil Law Suit Notice, Request of Change of Address to the person to be sewed 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: SONNA NGETH 1165 Camano Ct San Jose, CA 95122 | am readily familiar with the firm'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 of business. | am aware that on motion of the party sewed, 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. . _ 8 1 40 | declare under penalty of perjury under the laws of the United States of America and the State Fee for serv'ce' $ - of California that the foregoing is true and correct and that this declaration was executed on 07l1 3/2021 at Petaluma, California. One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 m Petaluma, CA 94954 Cesar Lopez 0'- # 16440501
