Proof of Service Mail

Cal. Super. - 6th Dist.March 2, 2021

POS-040 ..«.NEY on PARTY WITHOUT ATTORNEY: NAME‘ DOUGLAS SCOTT MAYNARD FIRM NAME‘ LAW OFFICES OF MAYNARD & HOGAN, A PROFESSIONAL CORPORATIO STREETADDRESS. 1151 MINNESOTA AVE CITY SDAN JOSE TELEPHONE N0,: (408) 293-8500 EMAIL ADDRESS" ATTORNEY FOR (name). DEFEN DANTS STATE BAR NO‘ 90,649 STATE‘ CA ZIP cone 95125 FAX No.: (408) 293-8507 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. 1ST STREET MAILING ADDRESS. CITY AND ZIP CODE BRANCH NAME. SAN JOSE, CA 95113 DOWNTOWN SUPERIOR COURT Plaintiff/Petitioner: FREDERICK HART JR. DefendantlRespondent: MICHAEL HART et al. PROOF OF SERVlCE-ClV|L Check method of service (only one): I: By Personal Service El By Mail l:| By Overnight Delivery |: By Messenger Service |:} By Fax FOR COURTUSE ONLY CASE NUMBER‘ 2! Cl/57877! JUDICIAL OFFICER. DEPARTMENT: Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. 1. At the time of service I was over 18 years of age and not a party to this action. 2. My residence or business address is: 1151 MINNESOTA AVE, SAN JOSE, CA 95125 4. On (date): September 30, 2021 3. S The fax number from which I served the documents is (complete if service was by fax): I served the following documents (speciify): III The documents are listed in the Attachment to Proof of Service-CiviI (Documents Served) (form POS-040(0)). 5. I served the documents on the person or persons below, as follows: a. Name of person sewed: PAYMON HIFAI, CLIFFORD HORNER SHARON PISERCHIO b. [X] (Complete if service was by personal service, mail, ovemight delivery, or messenger service.) Business or residential address where person was served: HORNER LAW GROUP, PC, 800 S. BROADWAY, SUITE 200, WALNUT CREEK, CA 94596 c. |:| ( Complete if service was by fax.) Fax number where person was served: C] The names, addresses, and other applicable information about persons sewed is on the Attachment to Proof of Sewice- Civil (Persons Served) (form POS-040(P)). 6. The documents were sewed by the following means (specify): a. |: By personal service. I personally delivered the documents to the persons at the addresses listed in item 5. (1) For a party represented by an altomey, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being sewed, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening. Page 1 on Form Approved lor Optional Use Judicial Council of California POS-040 [Rev January 1, 2020] PROOF OF SERVlCE---CIVIL (Proof of Sewice) Code D1 Civil Procedure, 1011, 1013,1013: 2015 5, Cal Rules of Court, mle 2,306 www courtsca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/1/2021 4:15 PM Reviewed By: F. Miller Case #21CV378991 Envelope: 7386066 21CV378991 Santa Clara - Civil F. Miller POS-040 CASE NAME: CASE NUMBER: Zr C 1/ 3 78 99/ 6. b. [3 By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) |:| deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) Z placed the envelope for collection and mailing, following our ordinary business practices. i am readily familiar with this C-:1 d.[: e.|:| business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. By messenger service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) By fax transmission. Based on an agreement of the parties to accept service by fax transmission, l faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: September 30, 2021 GIOVANNA MITCHELL (TYPE on PRINT NAME or DECLARANT) (S|GNATURE OF DECLARANU (if item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.) DECLARATION OF MESSENGER |:| By personal service. I personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being sewed, with a receptionist or an individual in charge of the offioe; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening. At the time of service, I was over 18 years of age. I am not a party to the above-referenced legal proceeding. I served the envelope or package, as stated above, on (date): l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: > (NAME OF DECLARANT) (SIGNATURE or DECLARANT) PCS-040 [Rev. January 1, 2020] PROOF OF SERVlcE-CIVIL (Proof of Service) Pagoz wt: POS-040(D) SHORT nus: msENUMBEP~' HART V. HART at al. 21CV378991 A1TAcHMENT TO PROOF OF SERV|CE-ClVlL (DOCUMENTS SERVED) (This Attachment Is foruse with form POS-040) The documents that were served are as follows (describe each document specifically): SEE ATTACHMENT Fjm‘ '1 d°a"’:‘m!:” ATTACHMENT TO PROOF OF SERV|CE--CNIL (DOCUMENTS SERVED) Pos.o4o(p) (N... Jgnuuy 1399;; (Proof of Service) For your prohcflon Ind privacy, plnu pun thu Clnr This Fonn butkm after you have printed the form. Page of Lf c|/ 3‘7999/ ATTACHMENT Ffh Wufk ‘ILQCAIIH7 MC: NOTICE OF MOTION AND MOTION FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE §l28.5 BASED ON PLAINTIFF SUBMITTING A REQUEST TO ENTER DEFAULT AFTER A CCP §430.41 DECLARATION WAS FILED WITH THE COURT GRANTING AN AUTOMATIC EXTENSION SAN CTIONS ARE REQUESTED J OINTLY AGADJ ST PLAINTIFF FREDERICK HART, JR., HIS COUNSEL, PAYMON HIFAI AND THE LAW FIRM, HORNER LAW GROUP, PC IN THE AMOUNT OF $11,325.20 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR MONETARY SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE §l28.5 MONETARY SAN CTIONS BASED ON PLAINTIFF SUBMITTING A REQUEST TO ENTER DEFAULT AFTER A CCP §430.41(a)(2) DECLARATION WAS FILED WITH THE COURT GRANTING AN AUTOMATIC EXTENSION OF TIME TO RESPOND THE MONETARY SANCTIONS ARE REQUESTED JOINTLY AGAINST PLAINTIFF FREDERICK HART, .IR., HIS COUNSEL, PAYMON HIFAI AND THE LAW FIRM, HORNER LAW GROUP, PC IN THE AMOUNT OF $11,325.20 DECLARATION OF DOUGLAS SCOTT MAYNARD RE CODE OF CIV. PROC. §l28.5 SANCTIONS