Proof of Service Summons DLR Civil

Cal. Super. - 6th Dist.May 3, 2021

POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name end address): AARON N BALDARO, BAR I/261156 AMERICAN EXPRESS LEGAL (CA) 199 S. LOS ROBLES AVE. Suite 830 PASADENA, CA 91101 TELEPHONE NOC 6266600002 FAX NO. (Optional) E-MAIL ADDRESS (Oplional): ATTORNEY FOR (Name): AMERICAN EXPRESS NAT/OA/AL BANK SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 NORTH FIRST STREET MAILING ADDRESS: 191 NORTH FIRST STREET CITY AND ZIP CODE: SAN JOSE, CA 95113 BRANCH NAME: Santa Clara-Downtown Superior Court PLAINTIFF/PETITIONER: AMERICAN EXPRESS NATIONAL BANK DEFENDANT/RESPONDENT: SERGIO MORENO A/K/A SERGIO A MORENO PROOF OF SERVICE OF SUIIIIMONS FOR COURT USE ONLY CASE NUMBER: 21CV381214 Ref. No. or File Non 3219811 (Separate proof of serviceis requ/red for each party served) 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, E} Summons b. H Complaint c. Alternative Dispute Resolution (ADR) package d. I Civil Case Cover Sheet (servedin complex cases only) e. Cross-complaint f. E} Other (spec//y documen/s): clvlL LAwsUIT NQTfcE 3. a. Party served (specify name of party as shown on documents served): SERG/0 MORENO A/K/A SERG/0 A MORENO 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 inilem 3a}: 4. Address where the party was served: 1868 LANAI AVENUE SAN JOSE, CA 95122 5. I served the party (check proper box) a. p 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. H by substituted service. On (date): 5/11/2021 at (time): 7:21 PM I left the documents listed in item 2 with or in the presence of (name and title or relationship to personindicatedinitem 3): "JOHN DOE" Co-Resident Gender: MALE Age; 61-65 Skin Tone: MODERATE BROWN Hair: BLACK/GRAY Eye Color: BROWN Height: 5FT4IN- 5FT TIN Weight: 171 LBS - 190 LBS (1) U (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 or her of the general nature of the papers. (2) E} (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) U (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 or her of the general nature of the papers. (4) H 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., ('I 415.20). I mailed the documents on (dale): 05/13/2021 from: SAN JOSE, CALIFORNIA Or a declaration of mailing is attached (5) H I attach a declaration of diligence stating actions taken first to attempt personal service. PO0 010 Igee. Jeeee12 1, 20011 PROOF OF SERVICE OF SUMMONS VIA FAX FILE Page 1 et 2 Case ILX 6060300 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/24/2021 10:09 AM Reviewed By: L. Wang Case #21CV381214 Envelope: 6714570 21CV381214 Santa Clara - Civil L. Wang PLAINTIFF/PETITIONER.'AMERICAN EXPRESS NATIONAL BANK DEFENDANT/RESPONDENT: SERGIO MORENO A/K/A SERGIO A MORENO CASE NUMBER: 21CV381214 5. c. Q 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 (c//y): (3) Q with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (A//ach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., 5 415.30.) (4) to an address outside California with return receipt requested. (Code Civ. Proc., 5 415.40.) d. Q by other means (spec//y means of service and authorizing code section): Q Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. H as an individual defendant. b. Q as the person suedunder the fictitious name of (spec/fy): c. Q as occupant. d. Q On behalf of (spec//y): under the following Code of Civil Procedure section: Q 416.10 (corporation} 415.95 (business organization, form unknown) Q 416.20 (defunct corporation) 416.60 (minor) 416.30 (joint stock company/association) Q 416.70 (ward or conservatee) 416.40 (association or partnership) Q 416.90 (authorized person) 416.50 (public entity) Q 415.46 (occupant) other: 7. Person who served papers a. Name: CALVIN F. SMITH/ProVest California LLC Reg. Noz 1539 Reg County: San Diego b. Address: 4241 Jutland Drive Suite 203, San Diego, CA 92117 c. Telephone number: 877-789-6846 d. The fee for service was; $68.00 e. I am: (1) Q not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) H a registered California process server: (i) owner Q employee H independent contractor. (ii) Registration Noz 1750 (iii) County: SANTA CLARA 8. H I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.OI'. Q I am a California sheriff or marshal and I certify that the foregoing is true and correct. Date: CALVIN F. SMITH (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS VIA FAX FILE Page 2 of 2 Case ID: 6064304 ATTORNEY OR PARTY WITHOUT ATTORNEY (/Vame and address): AARON N BALDARO, BAR ff 261156 AMERICAN EXPRESS LEGAL {CA) 199 S. LOS ROBLES AVE. Suite 830 PASADENA, CA 91101 TELEPHONE NOJ 6266600002 FAX NO. (Op//ona/) SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUN fY OF SANTA CLARA PLAINTIFF: AMERICAN EXPRESS NATIONAL BANK DEFENDANT: SERGIO MORENO A/K/A SERGIO A MORENO DECLARATION RE DILIGENCE CASE NUMBER: 21CV381214 FILE NUMBER: 3219811 I, Legal Pursuit, declare I am a Registered Process Server and was retained to serve process in the above-referenced matter on the following person or entity: SERGIO MORENO A/K/A SERGIO A MORENO I was on the dates herein mentioned over the age of eighteen years and not a party to the above-entitled action. I am authorized to server legal process in the State of California. The following facts are within my personal knowledge and if sworn as a witness I can and will truth fully and competently testify thereto. Documents: SUMMONS, COMPLAINT, CIVIL CASE COVER SHEET, CIVIL LAWSUIT NOTICE I attempted personal service on the following dates and times with the following results: Residential Address: 1868 LANAI AVENUE SAN JOSE, CA 95122 Business Address: f3 unknown Date Time and Results: 05/1 1/2021 07:21:00 PM - Sub serve to co resident "John Doe" 5/9/2021 at 4:01 PM - No answer, no movements, lights off 5/8/2021 at 9:13 AM - No answer, no movements, lights off Descri tion of erson s oken to: Sex: MALE Age: 61-65 Skin Tone: MODERATE BROWN Hair: BLACK/GRAY Eye Color: BROWN Height: 5FT 4IN - 5FT 7IN Weight: 171 LBS'- 190 LBS SERVICE FEE: $68.00 I declare under penalty of perjury under the laws of th State of California that the forgoing is true and correct and this declaraiion is executed on~&~{a California. Date City'7- f-~ CALVIN F. SMITH 1750 / SANTA CLARA Si nature Printed Name Re istration ff / Re istration Count DECLARATION RE DILIGENCE VIA FAX FILE case lo: sc64304