Proof of Service Summons DLR CivilCal. Super. - 6th Dist.February 18, 202121 CV377808 Santa Clara - Civil POS-01 0 A'I'I'ORNEY OR PARTY WITHOUT A‘I'I'ORNEY (Name, State Bar number, and address): Michael Davis, 299196 Atkinson, Andelson, Loya, Ruud, Romo 12800 Center Court Drive, Suite 300 Cerritos, CA 90703 TELEPHONE N0-= (628) 234-6200 Ext 6205 ATTORNEY FOR (Name): Plaintiff FOR COURT USE ONLY lectronically Filed y Superior Court of CA, ounty of Santa Clara, n 4/30/2021 8:46 AM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Superior Court of California, Santa Clara County 191 N. First Street San Jose, CA 951 13-1090 eviewed By: System System ase #21 CV377808 nvelope: 6350583 PLAINTIFF/PETITIONER: ASPHALT SURFACING, INC. DEFENDANT/RESPONDENT: GIBRALTAR CONSTRUCTION, et al. CASE NUMBER: 21 CV377808 PROOF OF SERVICE OF SUMMONS Ref. No. or File No.: 016656.00013 1. At the time of service | was a citizen of the United States, at least 18 years of age and not a party to this action.W 2. Iserved copies of: Complaint for 1) Declaratory Relief 2) Breach of Contract 3) Common Count Money Had and Received 4) Common Count Services Rendered, Civil Case Cover Sheet, Civil Lawsuit Notice, Summons, Notice of Deposit of Jury Fees By Plaintiff Asphalt Surfacing, |nc., ADR Information Sheet 3. a. Party served: b. Person Served: Party in item 3a Floyd Masalta, an Individual 4. Address where the party was served: 830 Stewart Dr, Suite 178 Sunnyvale, CA 94085 5. | served the party b. by substituted service. On (date): 04/28/2021 at (time): 3:36PM in the presence of: Irbin Castro - Person In Charge of Office (1 ) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. | left the documents listed in item 2 with or (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: b. Address: Thomas J. Bowman. Jr One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 c. Telephone number: 41 5-491 -0606 d. The fee for service was: $ 154.75 e. lam: (3) registered California process server. (i) Employee or independent contractor. (ii) Registration No.: 25 (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: 04/29/2021 Thomas J. Bowman Jr K (NAME OF PERSON WHO SERVED P'APERS) Form Adopted for Mandatory Use Judicial Council of California POS-010 [Rev. Jan 1, 2007] PROOF OF SERVICE OF SUMMONS (SIGNATURE) Code of Civil Procedure, §417.10 OL# 1621 5985 System System ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name and Address): M ichael Davis, 2991 96 Atkinson, Andelson, Loya, Ruud, Romo 12800 Center Court Drive Cerritos, CA 90703 ATTORNEY FOR (Name): Plaintiff (628) 234-6200 Ext 6205 TELEPHONE NO.: Ref. No. or File No. 016656.00013 Insert name of court, judicial district or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 951 13-1090 FOR COURT USE ONLY PLAINTIFF: ASPHALT SURFACING, INC. DEFENDANT: GIBRALTAR CONSTRUCTION, et al. DECLARATION 0F DILIGENCE CASE NUMBER: 21 CV377808 | received the within process on 4/26/2021 and that after due and diligent effort | 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). pARTv SERVED: Floyd Masalta, an Individual (1)Business: 830 Stewart Dr, Suite 178, Sunnyvale, CA 94085 As enumerated below: On 4/26/2021 1:39:00 PM at address (1) above. Door locked no response On 4/27/2021 2:38:00 PM at address (1) above. Not in per receptionist On 4/28/2021 3:36:00 PM at address (1 ) above. Sub-served BY FAX Registered California process server. County: SANTA CLARA Registration No.: 25 Thomas J. Bowman, Jr One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 | 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 04/29/2021 at Petaluma, California. 1% 0|- # 1621 5985 A'I'I'ORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Michael Davis, 299196 (628) 234-6200 Ext 6205 Atkinson, Andelson, Loya, Ruud, Romo 12800 Center Court Drive Cerritos' CA 90703 Ref.No.orFiIe No. ATrORNEYFORmame): Plaintiff 016656.00013 Insert name of court, judicial district or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 951 13-1090 PLAINTIFF: ASPHALT SURFACING. INC. DEFENDANT: GIBRALTAR CONSTRUCTION, et al. CASE NUMBER: PROOF OF SERVICE BY MAIL 21cv377808 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 04/30/2021, 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 ofthe: Complaint for 1) Declaratory Relief 2) Breach of Contract 3) Common Count Money Had and Received 4) Common Count Services Rendered, Civil Case Cover Sheet, Civil Lawsuit Notice, Summons, Notice of Deposit of Jury Fees By Plaintiff Asphalt Surfacing, |nc., ADR Information Sheet, 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: Floyd Masalta, an Individual 830 Stewart Dr, Suite 178 Sunnyvale, CA 94085 | 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. f . _ | declare under penalty of perjury under the laws of the United States of America and the State Fee 0r serv'ce' $ 154-75 of California that the foregoing is true and correct and that this declaration was executed on 04/30/2021 at Petaluma, California. One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 K] C/ Petaluma, CA 94954 Travis Carpenter 0'- # 1621 5985