Proof of Service

Cal. Super. - 5th Dist.March 11, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) Daniel L. Carter, Esq. | SBN: 250711 Carter Law Group 2445 Capitol Street, Suite 105 Fresno, CA 93721 FOR COURT USE ONLY TELEPHONE NO.: (559) 485-1212 | FAX NO. (559) 482-1210 ATTORNEY FOR (Name): Plaintiff: Maria Mercado, an individual FRESNO COUNTY SUPERIOR COURT STREET ADDRESS: 1130 "O" STREET MAILING ADDRESS: CITY AND ZIP CODE: FRESNO, CA 93721 BRANCH NAME: UNLIMITED PLAINTIFF: Maria Mercado, an individual DEFENDANT: Martina Zarate Rios, an individual; et al. CASE NUMBER: 21CECG00714 Ref. No. or File No.: 4077 POS-010 PROOF OF SERVICE OF SUMMONS 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies of: a. Summons b. Complaint c. Alternative Dispute Resolution (ADR) package d. Civil Case Cover Sheet (served in complex cases only) e. Cross-complaint f.  other: Notice of Case Management Conference and Assignment of Judge For All Purposes; Notice of Assignment to Judge for all Purposes; Statement of Damages (Martina Zarate Rios / Maria Mercado); Statement of Damages (Andres H. Ibarra / Maria Mercado) 3. a. Party served: Martina Zarate Rios, an individual b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a): 4. Address where the party was served: 1435 North Cedar Avenue, Apt. 106 Fresno, CA 93703 5. I served the party a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): (2) at (time): b. by substituted service. On (date): 3/28/2021 at (time): 6:35 PM I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3b): Jane Doe - Resident who refused name Age: 50 Race: Hispanic Sex: Female Height: 5'1 Weight: 160 Eyes: Hair: Brown (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him of her of the general nature of the papers. (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. I informed him or her of the general nature of the papers. (3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him of her of the general nature of the papers. (4)  I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., §415.20). I mailed the documents on (date): from (city): or  a declaration of mailing is attached. (5)  I attach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2 Form Approved for Mandatory Use Judicial Council of California POS-010 [Rev. January 1, 2007] Code of Civil Procedure, § 417.10 POS010-1/E331294 PROOF OF SERVICE OF SUMMONS E-FILED 4/6/2021 10:16 AM Superior Court of California County of Fresno By: C. York, Deputy PETITIONER: Maria Mercado, an individual RESPONDENT: Martina Zarate Rios, an individual; et al. CASE NUMBER: 21CECG00714 c. by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): (3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.) (4) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d. by other means (specify means of service and authorizing code section): Additional page describing service is attached. 6. The ''Notice to the Person Served'' (on the summons) was completed as follows: a. as an individual defendant. b. as the person sued under the fictitious name of (specify): c. as occupant. d. On behalf of (specify): under the following Code of Civil Procedure section: 416.10 (corporation) 415.95 (business organization, form unknown) 416.20 (defunct corporation) 416.60 (minor) 416.30 (joint stock company/association) 416.70 (ward or conservatee) 416.40 (association or partnership) 416.90 (authorized person) 416.50 (public entity) 415.46 (occupant) other: 7. Person who served papers a. Name: Joshua Masterson - Eddings Attorney Support Services, Inc. b. Address: 1099 East Champlain Dr., Suite A-102 Fresno, CA 93720 c. Telephone number: (559) 222-2274 d. The fee for service was: $ 119.00 e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3)  registered California process server: (i) owner employee  independent contractor. (ii) Registration No.: S202010000010 (iii) County: Fresno 8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. I am a California sheriff or marshal and I certify that the foregoing is true and correct. Date: 3/29/2021 Eddings Attorney Support Services, Inc. 1099 East Champlain Dr., Suite A-102 Fresno, CA 93720 (559) 222-2274 www.Eddings-Online.com Joshua Masterson (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) PROOF OF SERVICE OF SUMMONSPOS-010 [Rev January 1, 2007] Page 2 of 2 POS-010/E331294 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) Daniel L. Carter, Esq. | SBN: 250711 Carter Law Group 2445 Capitol Street, Suite 105 Fresno, CA 93721 FOR COURT USE ONLY TELEPHONE NO.: (559) 485-1212 | FAX NO. (559) 482-1210 | E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff: Maria Mercado, an individual FRESNO COUNTY SUPERIOR COURT STREET ADDRESS: 1130 "O" STREET MAILING ADDRESS: CITY AND ZIP CODE: FRESNO, CA 93721 BRANCH NAME:UNLIMITED PLAINTIFF/PETITIONER: Maria Mercado, an individual DEFENDANT/RESPONDENT: Martina Zarate Rios, an individual; et al. CASE NUMBER: 21CECG00714 Ref. No. or File No.: 4077DECLARATION OF DILIGENCE I, Joshua Masterson , declare: I am a Registered Process Server and was retained to serve process in the above-referenced matter on the following person or entity: Martina Zarate Rios, an individual as follows: Documents: Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet; Notice of Case Management Conference and Assignment of Judge For All Purposes; Notice of Assignment to Judge for all Purposes; Statement of Damages (Martina Zarate Rios / Maria Mercado); Statement of Damages (Andres H. Ibarra / Maria Mercado); I attempted personal service on the following dates and times with the following results: Fee for Service: $ 119.00 County: Fresno Registration No.: S202010000010 Eddings Attorney Support Services, Inc. 1099 East Champlain Dr., Suite A-102 Fresno, CA 93720 (559) 222-2274 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on March 29, 2021. Signature: Joshua Masterson AFFIDAVIT OF REASONABLE DILIGENCE Order#: E331294 Date Time Location Results 3/25/2021 5:48 PM Home No lights on, No movement detected, No response at residence address - Joshua Masterson 1435 North Cedar Avenue, Apt. 106, Fresno, CA 93703 3/26/2021 10:26 AM Home Client provided new address with instructions to attempt addresses simultaneously. - Joshua Masterson 2014 South 5th Street, Fresno, CA 93702 3/26/2021 2:46 PM Home No movement detected, No response at residence address - Joshua Masterson 1435 North Cedar Avenue, Apt. 106, Fresno, CA 93703 3/26/2021 5:18 PM Home John Doe said there is no Martina there. He has limited English but it seemed he didn't know who she was. John Doe Hispanic male, age 45, black hair, 5'6, 200 - Joshua Masterson 2014 South 5th Street, Fresno, CA 93702 3/27/2021 7:51 AM Home No movement detected, No response at residence address - Joshua Masterson 1435 North Cedar Avenue, Apt. 106, Fresno, CA 93703 3/28/2021 6:35 PM Home Substituted service on: Martina Zarate Rios, an individual; 1435 North Cedar Avenue, Apt. 106, Fresno, CA 93703; by serving: Jane Doe - Resident who refused name, Hispanic Female 50 160 Brown 5'1 . Attorney or Party without Attorney: Daniel L. Carter, Esq., SBN: 250711 Carter Law Group 2445 Capitol Street, Suite 105 Fresno, CA 93721 E-MAIL ADDRESS (Optional): TELEPHONE No.: (559) 485-1212 FAX No. (Optional): (559) 482-1210 Attorney for: Plaintiff Maria Mercado, an individual Ref No. or File No.: 4077 FOR COURT USE ONLY Insert name of Court, and Judicial District and Branch Court: FRESNO COUNTY SUPERIOR COURT - UNLIMITED Plaintiff: Maria Mercado, an individual Defendant: Martina Zarate Rios, an individual; et al. CASE NUMBER: 21CECG00714 HEARING DATE: 7/7/2021 TIME: 3:30 PM DEPT.: 402PROOF OF SERVICE BY MAIL PROOF OF SERVICE BY MAIL 1. I am over the age of 18 and not a party to this action. I am employed in the county where the mailing occured. 2. I served copies of the Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet; Notice of Case Management Conference and Assignment of Judge For All Purposes; Notice of Assignment to Judge for all Purposes; Statement of Damages (Martina Zarate Rios / Maria Mercado); Statement of Damages (Andres H. Ibarra / Maria Mercado); 3. By placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Fresno, California, addressed as follows: a. Date of Mailing: March 29, 2021 b. Place of Mailing: Fresno, CA c. Addressed as follows: Martina Zarate Rios, an individual 1435 North Cedar Avenue, Apt. 106 Fresno, CA 93703 I 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 at Fresno, California in the ordinary course of business. Fee for Service: $ 119.00 County: FRESNO Registration: S-238 Eddings Attorney Support Services, Inc. 1099 East Champlain Dr., Suite A-102 Fresno, CA 93720 (559) 222-2274 Ref: 4077 I declare under penalty of perjury under the laws of the The State of California that the foregoing information contained in the return of service and statement of service fees is true and correct and that this declaration was executed on March 29, 2021. Signature: Joseph Cassinerio, II Order#: E331294 /mailproof