Declaration In SupportCal. Super. - 6th Dist.March 26, 2021ELGUINDY MEYER& KOEGELApc vi 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381405 Santa Clara - Civil ELGUINDY, MEYER & KOEGEL, APC DAVID L. PRICE, State Bar Number 88696 dprice@emklawyers. com BENJAMIN D. KOEGEL, State Bar Number 266308 bkoegel@emklawyers.com MATTHEW D. ROSE, State Bar Number 282711 mrose@emklawyers.com 2990 Lava Ridge Court, Suite 205 Roseville, CA 95661 Telephone: (916) 778-3310 Facsimile: (9 1 6) 330-4433 Attorneys for PlaintiffQUALITY FIRST HOME IMPROVEMENT A. Nakamc Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/21/2021 1:13 PM Reviewed By: A. Nakamoto Case #21 CV381405 Envelope: 7910072 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA QUALITY FIRST HOME IMPROVEMENT, INC., Plaintiff, VS. Case No.2 21CV381405 [LIMITED CIVIL] DECLARATION OF MATTHEW D. ROSE . d IN SUPPORT OF EX PARTE FLAUBERT ANDRES» an, APPLICATION FOR LEAVE T0 DOES 1 through 25, mcluswe, PUBLISH SUMMONS Defendants. DATE: Considered 0n Papers TIME: No Hearing DEPT.: 20 JUDGE: Hon. Socrates P. Manoukian FILED: March 26, 2021 TRIAL: Not Set I, Matthew D. Rose, declare as follows: 1. I am an attorney at law duly licensed to practice before all courts in the State of California. I am 0f counsel at ElGuindy, Meyer & Koegel, APC, counsel of record for Plaintiff QUALITY FIRST HOME IMPROVEMENT, INC. (“Plaintiff’) in this action. I have personal knowledge of the matters set forth in this declaration, and if called upon to testify as a witness as to DECLARATION OF MATTHEW ROSE IN SUPPORT OF EX PARTE APPLICATION t0 ELGUINDY MEYER& KOEGELApc vi 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 the contents of this declaration, I could and would d0 so competently. 2. Plaintiff’ s complaint in this action was filed on March 26, 2021 and asserts a cause of action for Breach 0f Contract against Defendant FLAUBERT ANDRES (“Defendant”). Defendant entered into a contact with Plaintiff 0n or about January 3, 2020 for home improvement work at her home, located at 3074 Capewood Lane, San Jose, CA 95132 (the “Property”). Specifically, the contract was for certain labor and materials to be used and which were actually used in the works 0f improvement consisting of an installation 0f windows, garage door, and patio door at the Property. 3. At my direction, my office engaged A22 Attorney Service, after receiving the file endorsed summons and complaint, t0 serve Defendant. The process server made twelve (12) attempts, but was ultimately unable to serve Defendant. The process server did note 0n various attempts when a vehicle was in the driveway and when activity was observed at the Property. The process server subsequently informed my office that Defendant was evading service, and just would not answer the door. Attached hereto as Exhibits A and B are a true and correct copies of the Non- Service Reports from the process server. 4. Plaintiffhas been attempting t0 serve Defendant with the summons and complaint 0f this limited civil matter. 5. Plaintiff has been completely unable to locate another address for Defendant. 6. My office has tried t0 serve Defendant. Despite diligent efforts, despite our access to public data bases and despite the efforts 0f the process server we have engaged, we have been unable to serve Defendant. 7. Again, as noted above and despite all efforts, my office has been unable t0 serve Defendant. We are aware of n0 family members of Defendant, no acquaintances, and n0 other persons 0r entities that could provide any information concerning the whereabouts of Defendant. 8. Further, Defendant was informed by correspondence that a Complaint was going t0 be filed, so it is believed that Defendant is fully aware 0f the instant lawsuit. / / / / / / 2 DECLARATION OF MATTHEW ROSE IN SUPPORT OF EX PARTE APPLICATION ELGUINDY MEYER& KOEGELApc vi 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty ofperjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed on this 20th of December, 2021, at Roseville, California. Mm Matthew D. Rose 3 DECLARATION OF MATTHEW ROSE IN SUPPORT OF EX PARTE APPLICATION Exhibit A Attorney or Party without Attorney: FOR COURT USE ONLY David Lee Price, SBN: 88696 ELGUINDY MEYER & KOEGEL, APC 2990 Lava Ridge Ct 205 Roseville, CA 95661 3057 E-MA/L ADDRESS (Optional).-jmaranski@emk|awyers.com TELEPHONE No; (91 6) 778-331 0 FAX No. (Optional): (91 6) 330-4433 Attorneyfor: Plaintiff Quality First Home Improvement, Inc. RefNo. or File No.: Quality.Andres Inset? name of Court, and Judicial District and Branch Court: SANTA CLARA SUPERIOR COURT - DOWNTOWN P/aintift- Quality First Home Improvement, Inc. Defendant.- Flaubert Andres, et al. HEARING DATE: TIME: DEPT; CASE NUMBER: NogESPEORval-CE 21 CV381 405 After due search, careful inquiry and diligent attempts at the following address(es), | have not been able to effect service of said process on: FLAUBERT ANDRES Documents: Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet (served in complex cases only); Civil Lawsuit Notice; Date Time Results 5/8/2021 10:24 AM No answer, lots of junk/building materials in yard, n0 tresspassing signs. - Steve Hutson Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 5/1 1/2021 7:27 PM No answer, Burgandy Jeep in the driveway. - Steve Hutson Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 5/15/2021 6:00 PM No Answer, no activity at the residence. - Steve Hutson Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 5/21/2021 7:50 AM No answer, dark and quiet. Appears no one is home.. - Steve Hutson Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 5/25/2021 8:36 PM No answer, lights are on inside. - Steve Hutson Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 5/30/2021 8:40 AM No Answer, no activity at the residence.. - Steve Hutson Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 6/4/2021 1:57 PM No answer, dark and quiet. Appears no one is home.. - Steve Hutson Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 Fee for Service: $ .00 County: Contra Costa Registration No.: 587 A2Z Attorney Service 980 9th St, 16th Flr Sacramento, CA 95814 -" (916) 436-5484 | declare under penalty of perjury that the foregoing is true _ and correct and that this declaration was executed on July' 13:? 23,2021. . .--:': ..F:, M. CIIZTrf-:‘\_‘ r-éflj'q I ‘ V. Signaturq: ' 3, ' [’[MJ /%/z flu) Steve Hutson NON SERVICE REPORT ardent: 17339 Exhibit B Attorney or Party without Attorney: FOR COURT USE ONLY David Lee Price, SBN: 88696 ELGUINDY MEYER & KOEGEL, APC 2990 Lava Ridge Ct 205 Roseville, CA 95661 3057 E-MAIL ADDRESS (Optional).- jmaranski@emklawyers.com TELEPHONE No; (91 6) 778-33 1 O FAX Na. (Optional): (91 6) 330-4433 Attorney for: Plaintiff Quality First Home Improvement, Inc. Ref No. or File No.: Quality.Andres Insert name of Court, and Judicial District and Branch Court: SANTA CLARA SUPERIOR COURT - DOWNTOWN plaintiff: Quality First Home Improvement, Inc. Defendant.- Flaubert Andres, et al. HEARING DATE: TIME: DEPT.: CASE NUMBER: 21 CV381 405NON SERVICEREPORT After due search, careful inquiry and diligent attempts at the following address(es), | have not been able to effect service of said process on: FLAUBERT ANDRES Documents: Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet (sewed in complex cases only); Civil Lawsuit Notice; Date Time Results 10/6/2021 4:20 PM No answer at door, quiet, no movement - Jessica Fernandez Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 Fee forService: $ 65. 00 County: Santa Clara Countyfln Registration No.. P317 62 l ‘ I declare under penalty of perjury that the foregoing is true A2Z Attorney Service ' . and correctandthatthis declaration was executed on 980 9th St, 16th Flr :. '- '3‘ November30, 2021. Sacramento, CA 95814 _ Signature: I (916) 436-5484 :-- Jessica Fernandez NON SERVICE REPORT Order#: 20244 Attorney or Patty withoutAflomsy: FOR COURT USE ONLY David Lee Price, SBN: 88696 ELGUINDY MEYER & KOEGEL, APC 2990 Lava Ridge Ct 205 Roseville, CA 95661 3057 E-MA/L ADDRESS (Optional).- jmaranski@emklawyers.com TELEPHONE No..- (91 6) 778-331 O FAX Na. (Optional): (91 6) 330-4433 Attorney ron Plaintiff Quality First Home Improvement, Inc. Ref No. or File No..' Quality.Andres Insert name of Court, and Judicial District and Branch Court: SANTA CLARA SUPERIOR COURT - DOWNTOWN Plaintiff: Quality First Home Improvement, Inc. Defendant: F'aUDEFt Andres, et 8|. HEARING DATE: TIME: DEPT.: CASE NUMBER: NON SERVICE REPORT 21CV381405 After due search, careful inquiry and diligent attempts at the following address(es), | have not been able to effect service of said process on: FLAUBERT ANDRES Documents: Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet (served in complex cases only); Civil Lawsuit Notice; Date Time Results 10/1 0/2021 5:35 PM No answer at the door. There was a "no visitor" sign on the house. - Gabriel Aragon Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 10/1 7/2021 11:08 AM No answer at the door. Someone was home. There was a Ford Explorer, LP # 8TGZQ77, present on the property. - Gabriel Aragon Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 10/19/2021 7:44 PM There was no answer at the door. The lights were on inside the house. There was a Black Chrysler, LP # 6VWX085, on the property. - Gabriel Aragon Location: 3074 Capewood Ln, San Jose, CA 951321 1 11 10/24/2021 9:48 AM No Answer, no activity at the residence.. - Gabriel Aragon Location: 3074 Capewood Ln, San Jose, CA 951 321 1 11 FeeforService: $ 65.00 County: Santa Clara Registration No.2 P81623 A2z Attorney Service 980 9th St, 16th Flr Sacramento, CA 95814 (916) 436-5484 and correct and that this declaration was executed on November 30, 2021. Gabriel Aragon Signature: NON SERVICE REPORT Order#: 20244