Request Order for Service by Posting Publication

Cal. Super. - 6th Dist.March 24, 2021

kDOOVan-bWNI-I NNNNNNNNNI-II-II-hI-II-LI-LI-II-LI-LI-I mem-thHOKDOONO‘m-bWNI-LO 21 CV381 078 Santa Clara - Civil ERNIE ZACHARY PARK, State Bar #82616 BEWLEY, LASSLEBEN & MILLER, LLP 13215 E. Penn Street, Suite 510 Whittier, CA 90602-1797 (562) 698-9771; (562) 309-8063 Fax Ernie.Park@Bewlevlaw.com Electronically Filed by Superior Court of CA, County of Santa Clara, on 1I25l2022 11:08 AM Reviewed By: F. Miller Case #21CV381078 Envelope: 8131 327 Attorneys for Plaintiff, AUGUSTINE BOWERS II, a Delaware limited liability company SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA UNLIMITED CIVIL JURISDICTION AUGUSTINE BOWERS II, a Delaware limited liability company, Plaintiff, OPA! SANTA CLARA, L.P., a California limited partnership, dba OPA! AUTHENTIC GREEK CUISINE; OPA MANAGEMENT GROUP, INC.; a California corporation; ANGELO HEROPOULOS; SHELBY HEROPOULOS; MOLLY ADAMS; MARCUS ADAMS; DOES 1 THROUGH 20, INCLUSIVE, Defendants. CASE NO.: 21CV381078 Hon. Peter Kirwan Dept. 19 APPLICATION FOR ORDER PERMITrING SERVICE 0F SUMMONs AND COMPLAINT BY PUBLICATION; DECLARATIONS 0F RICHARD A. ATKINSON AND ERNIE ZACHARY PARK - IN SUPPORT THEREOF [c.c.P. §415.50] Discovery Cut-Off: None Motion Cut-Off: None Trial Date: None Complaint Filed: March 24, 2021 Plaintiff Augustine Bowers II, a Delaware limited liability company, hereby applies to the court for an order permitting service of the summons and complaint for Application for Order to Post kDmVQU'l-bWNI-I NNNNNNNNNI-II-II-LI-II-LI-LI-LI-LI-LI-L OOVGM-thHOKDOOVONLn-waI-LO breach of lease and guaranty upon defendant Angelo Heropoulos, by newspaper publication. This application is made pursuant to Code of Civil Procedure §415.50, and on the grounds that said defendant cannot be served with reasonable diligence in any other manner specified in the Code of Civil Procedure other than by newspaper publication. This application is based upon the accompanying declarations of Richard A. Atkinson and Ernie Zachary Park, and on such other evidence as the court may deem proper. BEWLEY, LASSLEBEN & MILLER, LLP BWZZA/Zb Ernie Zachary Park Attorneys for Plaintiff DECLARATION OF RICHARD A. ATKINSON I, Richard A. Atkinson, declare that: 1. I have personal, firsthand knowledge of all the matters contained herein and, if necessary, I could competently testify to these facts as a witness. 2. I am, and at all times relevant have been, a licensed process server, hired by plaintiff to serve the summons and complaint in this action. 3. The summons and complaint were filed with the court on March 24, 2021. In an effort to serve the defendant, I went to the subject premises located at 21670 Shillingburg Avenue, City of San Jose, California 95120 (the "Premises") and alternate address at 2722 Augustine Drive, Suite 130, Santa Clara, CA 95054 (the ///// Application for Order to Post 2 kDmVQU'l-bWNI-I NNNNNNNNNI-II-II-LI-II-LI-LI-LI-LI-LI-L OOVGM-thHOKDOOVONLn-waI-LO “Business”), on the following dates and times: Attempts made at Premises address:M M m 5-7-21 9:32 p.m. Home is gated; unable to enter property 5-8-21 6:21 p.m. Home is gated; unable to enter property 5-13-21 7:36 p.m. Home is gated; unable to enter property 5-16-21 9:22 p.m. Home is gated; unable to enter property 5-20-21 4:20 p.m. Home is gated; unable to enter property 5-21-21 12:00 p.m. Home is gated; unable to enter property 5-23-21 9:45 a.m. Home is gated; unable to enter property 5-28-21 6:30 p.m. Home is gated; unable to enter property 6-3-21 2:15 p.m. Home is gated; unable to enter property 6-16-21 3:15 p.m. Home is gated; unable to enter property 6-20-21 7:08 a.m. Home is gated; unable to enter property 7-5-21 7:53 p.m. Home is gated; unable to enter property 7-14-21 1:48 p.m. Home is gated; unable to enter property 7-27-21 5:45 p.m. Home is gated; unable to enter property 7-28-21 9:00 a.m. Home is gated; unable to enter property 7-28-21 4:51 p.m. Home is gated; unable to enter property Attempts made at Business address: 5-25-21 11:25 a.m. 4. On May 24, 2021, I conducted a locate search and verified that No longer associated with this business defendant still resides at premises address of 21670 Shillingburg Avenue, City of San Jose, California 95120. 5. As of this date, I have been unable to successfully effectuate service upon defendant despite the various efforts to do so as specified in the Code of Civil Application for Order to Post 3 \DmVO‘m-hWNI-l NNNHHHI-LI-AHHHI-tI-n NHOOQNO‘U'l-hDJNi-‘O NN ADJ NNNN WHO‘U'I Procedure and have no other address or means by which to attempt service upon said defendant. 6. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on January 24, 2022, at Whittier, California. KNRichar,d A. Atkinson, Declaran‘v D CLARATION OF ERNIE ZACHARY PARK I, Ernie Zachary Park, declare as follows: 1. I have personal, firsthand knowledge of all the matters contained herein and, if necessary, I could competently testify to these facts as a witness. 2. Iam a member of the law firm of Bewley, Lassleben & Miller, LLP, attorneys for plaintiff Augustine Bowers II, a Delaware limited liability company. 3. At my direction, the present cause of action was filed against the defendant on March 24, 2021, for breach of lease and guaranty, based upon the defendant’s failure to pay the sums due thereunder. Richard A. Atkinson, a licensed process server, was hired to serve the summons and complaint upon the named defendant. Directions were to attempt service at the premises address at 21670 Shillingburg Avenue, City of San Jose, California 95120 and the business address at 2722 Augustine Drive, Suite 130, Santa Clara, CA 95054, in the foregoing declaration. As of the present date, the defendant has not been served. 3. I have no further information as to any other location where service could be affected upon said defendant and the only other manner to serve the defendant is by newspaper publication. Service of the summons and complaint will be published in the Santa Clara Weekly, a newspaper of general circulation in San Jose, Application» for Order to Post 4 kDmVQU'l-bWNI-I NNNNNNNNNI-II-II-LI-II-LI-LI-LI-LI-LI-L OOVGM-thHOKDOOVONLn-waI-LO California. I declare under penalty of perjury under the laws of the state of California that all the foregoing is true and correct and that this declaration was executed on January 24, 2022, at Whittier, California. Ernie Zachary Park, Declarant Application for Order to Post 5