Request Order for Service by Posting Publication

Cal. Super. - 6th Dist.March 25, 2021

\DOOQONUILUJNH NNNNNNNNNHI-dh-Ah-Av-IHn-Ip-awn-I OONQMhUJNHOOOOfiOKM-DWNHO 21 CV381 31 8 Santa Clara - Civil R. Burciagal Michael P. Hollomon, Jr. [SBN 139520] PACIFIC ATrORNEY GROUP E'eCtmn'Fa'W F"°d 856 South Robertson Boulevard, Penthouse by SUPerlor court 0f CA: Los Angeles, CA 90035 County of Santa Clara, Tel: (310) 659-6000 on 12/10/2021 5:03 PM Fa)“ (424) 433-5993 Reviewed By: R. Burciaga . . Case #21cv381318 Attorne s for Plamtlff PARVAIKEH MANDEGARIHASSAN ABADI Enve'OPe: 73441 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA, DOWNTOWN SUPERIOR COURT PARVANEH MANDEGARIHASSAN ABADI, Case No.1 21CV381318 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS AND COMPLAINT [CCP §415.50]; ) . . ) Plaintiff, ) ) ) MEMORANDUM OF POINTS AND AUTHORITIES; ) ) ) ) ) vs. MARCO ANTONIO BUSIO; FONSECA DECLARATION 0F DANIEL PAK CONSTRUCTION, |NC.; and DOES 1 through 20, Filing Date: 03/25/2021 Defendants Trial Date: TBD TO THIS HONORABLE COURT: Plaintiff PARVANEH MANDEGARIHASSAN ABADI hereby applies for an order directing service of summons on Defendant MARCO ANTONIO BUSIO by publication in a newspaper of general circulation, pursuant to Code of Civil Procedure Section 415.50. Such application is made upon the ground Defendant cannot with reasonable diligence be located and served in any other manner specified in code of Civil Procedure Sections 415.10 through 415.30 and that, as shown by the Complaint on file herein, causes of action for motor vehicle and general negligence exist against said Defendant. This application is based on the memorandum of points and authorities and declaration of Daniel Pak concurrently filed herewith, and on such other oral and/or documentary evidence and/or argument as may be presented at the hearing hereof. /// 1 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS AND COMPLAINT [CCP §415.50]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DANIEL PAK \DOOflQthwt-t NNNNNNNNMHHr-IHHHr-IHHH mflmM-PWNF-‘OWOOflmm-bWNHO Dated: December 3, 2021 PACIFIC A orn sf ’laintiff E RIHASSAN ABADI ' \ MCHA§ P. .OLLOMON,JR. PARVANE M! D 1‘ 2 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS AND COMPLAINT [CCP §415.50]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DANIEL PAK Ix.) \OWQO‘xU’IbUJ 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF DANIEL PAK IN SUPPORT OF APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS AND COMPLAINT l, Daniel Pak, declare: 1. | am Litigation Paralegal for Pacific Attorney Group, A Professional Law Corporation, attorneys for Plaintiff Parvaneh Mandegarihassan Abadi. 2. This declaration is being submitted in support of Plaintiff’s Application for an Order Directing Publication of Summons against Defendant Marco Antonio Busio pursuant to the provisions of CCP Section 415.50. 3. The complaint in this action was filed on March 25, 2021, and contains causes of action against Defendant Marco Antonio Busio for a personal injury claim. 4. Knoxville News Sentinel is a newspaper of general circulation, published in Tennessee. I am informed and believe that publication of summons in said newspaper is most likely to give actual notice to Defendant of this action, because said Defendant's last known address was within the county in which said newspa per is published, and said Defendant has friends, relatives and coworkers residing and employed in said city, county, and state, as more fully stated in the paragraphs below. 5. | have made the following attempts to deliver copies of the summons and complaint to Defendant personally, and/or by process servers or other agents, all of which attempts have been unsuccessful: 07/30/21, 09/15/21, 09/16/21; 09/17/21, 10/25/21, 11/22/21, and 11/23/21. 6. On 07/30/21 our process server spoke with Rubie, who confirmed that the subject moved out to Tennessee over a year ago. Doesn't receive mail at this address. No further information was obtained. 7. On 09/15/21 our process server arrived on the street and could not find the post mailbox for this address. I stopped at a large home on the corner next door to 281 5th street. I went to the door and found the home dark and after lengthy knocking | left a notice. 8. 0n 09/16/21 there was no answer at Defendant’s purported residence. The home was dark with no answer. There is no doorbell and after knocking | left a notice. 9. On 09/17/21, Received a call from Brenda, the defendant's daughter, who told me that her 3 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS AND COMPLAINT [CCP §415.50]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DANIEL PAK \DOOflQM-Pri-r NNNNNNNNNHHu-HHHHHHH ®\lO\UI&UJN'-‘O\OOOQO\U‘J>UJNHO father moved to Tennessee almost 2 years now. She said that the vehicle accident that her father had in California was while he was driving a Fonseca Construction vehicle. Her father was terminated from his job after the accident. Brenda refused to give me her father's address and said that Fonseca should take care of the legal case. 10. On 10/25/21, subject is unknown to her and doesn't live here. No cars in driveway. No answer from neighbors. 11. On 11/22/21 young man (late teens) and female (late teens) answered door completely nude and said they did not know subject and that no one lived there by that address. 12. On 11/23/21 Per Seth, Occupant (Caucasian Male, 22 yrs old, 6'0", 160 lbs. with hat) stated no one by that name lives at this address and is unknown. Stated several people have come by looking for him but he has no idea who that it. 13. After due diligence | have been unable to locate Defendant, within or outside the State of California, despite the reasonable efforts and diligence. The following is a description of the records I have checked, the persons whom I have asked, and the other investigations | have made, in an effort to locate Defendant, all of which have been unsuccessful: 10/22/21 skip trace investigation done by USA Legal Network. 14. To the best of my knowledge, no person, firms, or entity other than as mentioned above knows, or is likely to know, the whereabouts of Defendant, and l know of no other source from which Defendant’s whereabouts can be ascertained. 15. If called as a witness, I could and would competently testify under oath to the above facts which are personally known to me. 16. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 17. Executed December 3, 2021 at Los Angeles, California. fi46% Daniel Pak 4 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS AND COMPLAINT [CCP §415.50]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DANIEL PAK \OOOQOxM-RWNp-a NNNNNNNNNHp-Ir-Ir-Ir-Ir-AHHH-I OoflmMAUJNHOkDOOQONM-hWNfi-‘O MEMORANDUM OF POINTS AND AUTHORITIES 1. A SUMMONS MAY BE SERVED BY PUBLICATION IF THE PARTY TO BE SERVED CANNOT WITH REASONABLE DILIGENCE BE SERVED |N ANOTHER MANNER Code of Civil Procedure § 415.50 provides, in part, as follows: (a) A summons may be served by publication if upon affidavit it appears to the satisfaction ofthe court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property. (b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party. The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period. (c) Service of a summons in this manner is deemed complete as provided in Section 6064 of the Government Code. (d) Notwithstanding an order for publication of the summons, a summons may be served in another manner authorized by this chapter, in which event the service shall supersede any published summons. (e) As a condition of establishing that the party to be served cannot with reasonable diligence be served in another manner specified in this article, the court may not require that a search be conducted of public databases where access by a registered process server to residential addresses is prohibited by law or by published policy of the agency providing the database, including, but not limited to, voter registration rolls and records of the Department of Motor Vehicles. As demonstrated in the declaration of Daniel Pak concurrently filed herewith, Plaintiffs have attempted to personally serve the summons and complaint to Defendant on numerous occasions. Despite their reasonable efforts and due diligence Plaintiffs have been unable to locate Defendant, within or outside the State of California. 2. CONCLUSION 5 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS AND COMPLAINT [CCP §415.50]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DANIEL PAK \DOOQONU‘I-bLtJNH NNNNNNNNNHh-Ir-u-AHHHHH... wQOUI-hUJNI-‘OOOOQONUI-bWNh-‘O Plaintiffs submit that the Defendant cannot with reasonable diligence be served in another manner other than by publication. A cause of action exists against the Defendant and he is a necessary or proper party to the action. Accordingly the court should order the summons to be published in a newspaper likely to give notice to the Defendant. Dated: December 3, 2021 BY: x C M CHA L P. OLLOMON, JR. A orn sf flaintiff PARVANE M ‘NDE RIHASSAN ABADI J. 6 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS AND COMPLAINT [CCP §415.50]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DANIEL PAK