Ex Parte Application

Cal. Super. - 6th Dist.March 26, 2021

WWQONUIhUJNH 3 Dogllon Low Group H PROFESSIONHL LHUJ CORPOHHTION N N N N N N N N H H H H H H H H H H fl CN UI A OJ N H c \O w fl GN U] h OJ N H c Nm 21 CV381407 Santa Clara - Civil Gary K. Daglian, Esq. (SBN N0. 232717) Rachel C. Quimby, Esq. (SBN N0. 315398) DAGLIAN LAW GROUP, APLC 701 N. Brand B1Vd., Suite 610 Glendale, California 91203 Telephone: (8 1 8) 545-7700 Facsimile: (8 1 8) 545-3700 Attorneys for Plaintiff Tunisia Turn Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/6/2021 1:33 PM Reviewed By: Tunisia Turner Case #21 CV381407 Envelope: 7798754 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA PEDRO MEZA RODRIGUEZ, Plaintiff, VS. THOMAS WILLIAMS Jr. and DOES 1 to 25, Defendant(s). CASE NO. 2 1CV38 1407 NOTICE 0F EX PARTE APPLICATION FOR ORDER FOR SERVICE BY PUBLICATION; EX PARTE APPLICATION FOR ORDER FOR SERVICE BY PUBLICATION (TELEPHONIC APPEARANCE); MEMORANDUM 0F POINTS AND AUTHORITIES; DECLARATION 0F RACHEL C. QUIMBY IN SUPPORT THEREOF Assigned To Honorable Drew Takaichi Dept. 2 TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD: NOTICE IS HEREBY GIVEN that on December 15, 2021 at 8:15 a.m., or soon thereafter as counsel, may be heard in Department “2” 0f the above entitled court, located at 191 North First Street in San Jose, CA 95113, Plaintiff PEDRO MEZA RODRIGUEZ (hereafter “Plaintiff’) will make an EX Part Application for an Order for Publication 0f the Summons and Complaint on Defendant THOMAS WILLIAMS JR. (hereafter “Defendant”) pursuant t0 California Code 0f Civil Procedure §415.50 Via Telephonic Appearance pursuant t0 California Rules of Court, Rule 3.670(d) and (h). Application is hereby made for an order directing that summons in this action be served 0n Defendant, by publication 0f the summons in the Martinez Tribune, Which is a newspaper 0f NOTICE AND APPLICATION FOR SERVICE BY PUBLICATION er WWQONUIhUJNH HHHHHHH @UthJNHc H PROFESSIONHL LHUJ CORPOHHTION K7 D_og|ion Low Gugp NNNNNNNNNHHH “\IONUIhWNchWQ general circulation in Contra Costa County and is most likely t0 give Defendant actual notice of the pendency 0f this action because the Defendant was last known to reside in Contra Costa County. This Application is made on the grounds that Plaintiff has stated causes of action against the Defendant, shown by complaint and Defendant cannot with reasonable diligence be found and served by any other manner. This Application is further made 0n the grounds that the requested relief is statutorily authorized pursuant toE, Rule 3:1204 (b), Rule 3:1 10 (b) andfl §415.50 for the reasons set forth in the accompanying Declaration 0f Rachel C. Quimby, Esq, including avoidance 0f “irreparable harm”, absent issuance 0f such Order. DATED: December 6, 2021 Respectfully Submitted, DAGLIAN LAW GROUP, APLC RACHELffiUIMBY, Attorney for Plaintiff NOTICE AND APPLICATION FOR SERVICE BY PUBLICATION N7 D_og|ion Low Gugp H PROFESSIONHL LHUJ CORPOHHTION WWQONUIhUJNH NNNNNNNNNHHHHHHHHHH “\ICNUIhWNHGNOWQQUIhWNHQ MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS On April 3, 2019, Plaintiff Pedro Meza Rodriguez (hereafter “Plaintiff”) was rear-ended by Defendant Thomas Williams Jr. (hereafter “Defendant”) in the City 0f Milpitas, California, and suffered injuries as a result 0f the subj ect collision. On March 26, 2021 the Summons and Complaint for this case was filed by Plaintiff With the Superior Court of California, County of Santa Clara. Multiple attempts at multiple addresses have been made t0 serve Defendant. The first address Plaintiff attempted service t0 Defendant was the residential address listed 0n his driver’s license provided to Plaintiff at the scene 0f the subject collision, which resulted in a declaration 0f non-service. (Declaration of Quime V4; Exhibit “1”). Plaintiff then requested a “skip trace” t0 identify Defendant’s address. (Declaration of Quimbv VS; Exhibit “2”). The “skip trace” revealed a subsequent residential address for Defendant that resulted in an unsuccessful service attempt. (Declaration of Quime V6; Exhibit “3”). Plaintiff searched the paid subscription data search engine “Spokeo” for information regarding Defendant’s address which only showed addresses where service was already attempted. (Declaration 0f Ouimbv V7; Exhibit “4”). Plaintiff then submitted the form request for Change of address information t0 the United States Postal Service Via certified mail on November 4, 2021 and has not received any response. (Declaration of Quime V8; Exhibit “5”). A copy 0f the Summons and Complaint could not be served by any method pursuant to California Code 0f Civil Procedure §413.10, §413.30, §415.10, §415.20, §415.30 or §415.40. II. LEGAL ARGUMENT a. Compliance With California Rules 0f Court Rules Provides a Statutory Basis for EX Parte Relief. g, Rule 3.1 10(b) states, that the complaint must be served 0n all named defendants and proofs 0f service 0n those defendants must be filed with the court within 60 days after the filing 0f the complaint. Pursuant to g, Rule 3.1202(c), an applicant must make an affirmative factual showing in a declaration containing competent testimony based 0n personal knowledge 0f NOTICE AND APPLICATION FOR SERVICE BY PUBLICATION WWQONUIhUJNH HHHHHHH @UthJNHc H PROFESSIONHL LHUJ CORPOHHTION K7 D_og|ion Low Gugp NNNNNNNNNHHH “\IONUIhWNchWQ irreparable harm, immediate danger, 0r any other statutory basis for granting relief ex parte. Here, if Plaintiff is not granted relief in this ex parte application t0 render service by publication he will suffer irreparable harm as an OSC: Re Dismissal for Failure t0 Serve is calendared for January 27, 2022. Furthermore, Plaintiff complies with $1 Rule 3.1201 as this application for ex parte relief contains the required elements including the relief sought, declaration pursuant t0 fl, Rules 3.1202(0) and 3.1204, this memorandum and the proposed ordered filed simultaneously herewith. b. California Code of Civil Procedure §415.50 Allows the Court t0 Order the Summons t0 be Served by Publication. Pursuant t0Q §415.50 a summons may be served by publication if the party to be served cannot be served in another manner and a cause 0f action exists against the party who is to be served 0r is a necessary party t0 the action. Here, Defendant cannot be served in any other manner as indicated in this memorandum as well as in the attached Declaration and exhibits. Moreover, Defendant is a necessary party t0 this action as the causes 0f action claimed by Plaintiff in the complaint are against Defendant. III.CONCLUSION Based upon the foregoing reasons, Plaintiff asks that the Court permit and order the service 0f the Summons by Publication. DATED: December 6, 2021 Respectfully Submitted, DAGLIAN LAW GROUP, APLC RACHEITfQUIMBY, Attorney for Plaintiff NOTICE AND APPLICATION FOR SERVICE BY PUBLICATION WWQONUIhUJNH HHHHHHH @UthJNHc H PROFESSIONHL LHUJ CORPOHHTION K7 D_og|ion Low Gugp NNNNNNNNNHHH “\IONUIhWNchWQ DECLARATION OF RACHEL C. QUIMBY, ESQ. IRachel C. Quimby, Esq. declare: 1. I am a member in good standing 0f the State Bar 0f California and attorney 0f record for Plaintiff Pedro Meza Rodriguez (hereafter “Plaintiffl. I have personal knowledge of the facts stated herein, and if called upon to do s0, would and could competently testify thereto. I rendered legal services to Plaintiff as his attorney 0f record from the commencement 0f this claim t0 the present and anticipate remaining counsel of record throughout the pendency of this proceeding. 2. Notice 0f this ex part6 application for service by publication was given 0n December 6, 2021 to Defendant Thomas Williams Jr. (hereafter “Defendant”) Via United States Postal Service First Class Mail t0 his last known mailing address pursuant t0E1 Rule 3. 1203. 3. Plaintiff does not expect an opposition t0 be made by Defendant. 4. Multiple attempts have been made and multiple addresses t0 serve Defendant. The first address Plaintiff attempted service t0 Defendant was the residential address indicated 0n his driver's license which was provided to Plaintiff at the scene 0f the subject collision, Which resulted in a declaration 0f non-service. A true and correct copy of the Declaration 0f Non-Service is attached hereto as Exhibit “1”. 5. Plaintiff then requested the service company perform a "skip trace" to identify Defendant's address. A true and correct copy 0f the “skip trace” is attached hereto as Exhibit “2”. 6. Plaintiff then attempted service at a subsequent residential address provided by the “skip trace” which resulted in an unsuccessful service attempt. A true and correct copy 0f the attempts for service shown through emails exchanges with the service company is attached hereto as Exhibit “3”. 7. Plaintiff additionally searched the paid subscription data search engine Spokeo for information regarding Defendant's address. A true and correct copy of the search engine results is attached hereto as Exhibit “4”. /// /// NOTICE AND APPLICATION FOR SERVICE BY PUBLICATION N7 D_og|ion Low Gugp H PROFESSIONHL LHUJ CORPOHHTION WWQONUIhUJNH NNNNNNNNNHHHHHHHHHH “\ICNUIhWNHGNOWQQUIhWNHQ 8. Plaintiff then submitted the form request for change 0f address information t0 the United States Postal Service Via certified mail as exhibited in the attached documents, t0 which the Postal Service did not respond. A true and correct copy 0f the request for change 0f addresses information form submitted to USPS is attached hereto as Exhibit “5”. 9. Defendant has not obtained any new addresses for Defendant and has been unsuccessful in all attempts at service despite diligence in obtaining a proper address to serve Defendant and thus asks the Court for an Order for Publication. 10. Plaintiff has mailed a copy of the Summons and Complaint to Defendant's last known address by regular first class mail pursuant tofl §415.30. 11. Plaintiff will suffer irreparable harm if the Court does not order service 0f the summons by publication pursuant t0fl §415.50 as an OSC: Re Dismissal for Failure t0 Serve is calendared for January 27, 2022. I declare under penalty 0f perjury under the laws 0f the State of California that the foregoing is true and correct. Executed thisi day 0f December , 2021 in Glendale, California. fl®w Rachel C. Quimby, Esq. NOTICE AND APPLICATION FOR SERVICE BY PUBLICATION EXHIBIT ”1” CASE NAME: CASE NUMBER: DECLARATION OF NON-SERVICE PEDRO MEZA RODRIGUEZ v. THOMAS WILLIAMS JR. 21CV381407 I am and was 0n the dates herein mentioned, over the age of 18 years and not a party t0 the action. I received the within process 0n September I 7, 2021 and after due diligent effort, I have been unable to effect personal service 0f the following documents 0n the within named: SUMMONS; CIVIL CASE COVER SHEET; COMPLAINT; Name: Residence Address: Thomas Williams Jr. 1716 101st Avenue Oakland, California 94603 Dates and times of attempts with reported detail is listed below. Date Time Location Result 09/ 1 9/21 9:40 am. Residence I arrived at the address given for service of process. The address corresponds to a residence. I knocked 0n the door several times but received no answer. There was no sign of activity around the residence. 09/22/21 8:20 am. Residence I arrived at the address given for service of process. There were no vehicles parked in the driveway. I knocked on the door several times but received no answer. There was no sign of activity around the residence. 09/26/21 9:40 am. Residence I arrived at the address given for service of process. There were n0 vehicles parked in the driveway. I knocked on the door several times but received no answer. There was no sign of activity around the residence. I declare under penalty of perjury that the foregoing is true and correct. Executed this 28'” day 0f October 2021 at Oakland, California. Process Server for Ace Attorney Service, Inc. 1000 Broadway, Suite 340 Oakland, California 94607 WM/ Y .elfreLfiE-Efatti‘ficegn‘ #1989951KQ EXHIBIT ”2” ADVANCED PERSON SEARCH PLUS SFARCI.i CRITERIA. SSN: 607-07#### Reference Code: 2001814 SEARC'{ RESULTS SUMMARY GLBA: Use by Persons Holding a Legal or Beneficial Interest Relating to the Consumer DPPA: Civil, Criminal, Administrative, or Arbitral Proceeding Report Legend o s #+r Deceased High Risk Indicator Household Match MR THOMAS WILLIAMS MS DEBRA ANNE PARKER JR,lT+ ost#t19u o2t#t1954 (37) (67) 607-O7-### 557-9G#### SEARC'1 RESULTS NAMES jMR THOMAS WILLIAMS (Male) lMR THOMAS WILLIAMS JR (Male) lMR THoMAS WILLAMS (Male) :MR THOMAS WILLAMS JR (Male) ,VR THOURS WILLIAMSJR (Male) SOCIAL SECURITY NUMBERS :607-O7-lt#tt# ilssued: 01/1988 - 1211988 in CA ; Good DATES OF BIRTH i DEBRA ANNE PARKER 021/i#11954 - Born 67 years ago iTHOMAS A WILLIAMS 041fH.11950 - Bom 71 years ago t S-uBMll"llF-w-Lllll{9i9ffi l-9-99 : 9:l a U:.e,r-eg: PHONES RELATIVES**t I i I : I ! II i j(510) 222-3999 (PDT) (Landline) I I I I , llll9N I N s@A9L-,celI* " ADDITIONAL DETAILS i;;;ilil;o Jliens and Judgments: 0 I (5 1 0l_?99:6ff I ( PP]) (P9:.!19 _W119 r"g-":) EMAIL ADDRESSES t 105t#t 1P8 _4 (3-1_ ..._" ADDRESSES/PHONES :2616 BUSH AVE, SAN PABLO, CA 94806-4532 CONTRA COSTA (Oct 20'19 - Mat 2021) - Historical Record ! 1029 ELM, EL, CA 94803 (Mar 2014 - Mar 20141- Historical Record i t ozg tr,lnRton RD, EL sobRANTE, cA 94803 COrurnn COSTA (Jun 2009 - Jun 2009) - Historicat Record i 1201 JOHN AVE, SAN PABLO, CA 94806-2012 CONTRA COSTA (Jul 2OO4 - Jan 2007) - Historical Record 1471 HALE AVE, OAKLAND, CA 94603-2960 ALAMEDA (Jun 2006 - Dec 2006) - Historicat Record r 1243 RICHMOND ST, EL CERRITO, CA 94530-2426 CONTRA COSTA (Sep 2005 - Sep 2005) - Historical Record 1121_3 S.ACRAMENT-o _qriPr, VALLEJo, cA-e4ss0-il"9_4*9o1{f9 qet-?9j*l*J99"9):.1{is.l9l9"al f"9.1-9, _.- I 1 I I I t a ""1 RELATIVES lvs oEaRnnNNE PARKERJR (Femate) :MS DEBRA A PARKER (Female) iMS DEBRA A PARKER JR (Female) IMS DEBRA PARKER (Female) :MS DEBRA ANNE COLE (Female) :MS DEBRA A COLE (Female) tMS DEBRA J COLE (Female) :MS DEBRA A PARTKER (Female) :MS DEBRA A WILLIAMS (Female) iMS DEBRA COLE (Female) ;MS DEBRA WILLIAMS (Female) :MS DEBRA WLLIAMS (Female) .Y 9..-o-,99 1 E- f--gril q-** SOCIAL SECURITY NUMBERS Itrltcnnel RrutHoNy coLE 01/##/19s9 - Bom 62 years ago ;THOMAS A WILLIAMS O4l#1195O - Born 7.1 years ago iTHOMAS WILLIAMS 051/#:11984 - Born 37 years ago I LAURA ANNE WILLIAMS 09/##/1980 - Born 41 years ago lMABEL E WILLIAMS '12l#11947 - Born 73 years ago lADREAN E WILLIAMS 041##11967 - Born 54 years ago I DARRELL EUGENE PARKER 2 IUf lfOru S WILLIAMS JR 05/1962 - Born 59 years ago iJAMARAI WILLIAMS OBI#11992 - Born 29 years ago PHONES I I (51O) 77 8-51 12 (PDT) (Possible Wireless) i (51 0) 222-3s99 (PDT) (Landline) i(510) 463-6000 (PDT) (Possible VolP) **-*-"-"-"--**-*--l ! t (972) 377-1110 (CDT) (Possible VolP) :557-96-## lssued: 01/1969 - 121197O in CA DATES OF BIRTH o2r#4t19s4 (67) 1955 (66) EMAIL ADDRESSES ] D-COLE@LADIESWORKOUTEXPRESS.COM I GUSTAFSON55@YAHOO.COM : DAPARKER@SBCGLOBAL.NET : DEBRACOLE@YAHOO.COM :MCOLE@SIAC.COM i LWESANPABLO@SOCAL.RR.COM i LWESANPABLO@SBCGLOBAL.NET :r \A/trsANPARr na\trYa:lTtr atn[/| I l i ROGERS_cREG@pACtFtCBUtLDtNGGROUp.COM jDCOLE3729@AOL.COM : DEBRACOLE8888@AOL.COM DEBRACOLE@AOL.COM ADDITIONAL DETAILS i Bankruptcies: 1 I Most Recent Bankruptcy: 0212812011 fi .'-e;siri-q:e1i:"iiii; ADDRESSES/PHONES 1 029 MANOR RD, EL SOBMNTE, CA 94803-1335 CONTRA COSTA (Jan 1999 - Jul 2021 ) - Current Address Record Phones at Address (510) 222-7854 (PDTI 4 Telephone Number is not found in the public record databases. (510) 222-3999 (PDT) - COLE MICHAEL & DEBRA (Jun 2008 - Dec 2008) JL phone number is associated with a different name and address. :3430 SAN PABLO DAM RD APT 17, SAN PABLO, CA 94803-2745 CONTRA COSTA (Mar 1989 - May i330 SAN, SAN PABLO, CA 94806 CONTM COSTA (May .1998 - May 1998) - Historicat Record I 1 7 N, EL SOBRANTE, CA 94803 CONTRA COSTA (Sep 1 996 - Jan 1 997) - Historical Record ?384 THORNTON ST APT, SAN LEANDRO , CA 94577-4445 ALAMEDA (Jul 1980 - Nov 1996) - Historical Record :3430, EL SOBRANTE, CA 94803 CONTRA COSTA (Mar 1996 - Mar 1996) - Hisroricat Record j 175 JANIOE sr, VALLEJO, cA 94589-2052 soLANo (Feb 198s - Feb 198s) - Hisroricat Record 1 3430 sAN, EL SOBRANTE, cA 94803 coNTRA coSTA (Dec 1 99 1 - Feb 1 993) - Historicat Record I 1201 JOHN AVE, SAN PABLO, CA 94806-2012 CONTM COSTA (Jul 1980 - Dec 1992) - Historical Record : 1 7 NBR, RICHMOND, CA 94803 CONTRA COSTA (Apr 1991 - Apr 1 991 ) - Historicat Recoro 12923 MULLENS DR, SAN PABLO, CA 94806-2644 CONTRA COSTA (Feb 1985 - Dec '1990) - Historical Record i409 DANROSE DR APT 17, AMERICAN CANYON, CA 94503-1324 NAPA (May '1989 - May 1989) - Historical Record ] teaso eHle sT, sAN LEANDRo, cA 94578-1508 ALAMEDA (oct 1987 - oct i987) - Hisroricat Record :1 1025 GOLF LINKS RD, OAKLAND, CA 94605-5658 ALAMEDA (Jan 1983 - Apr 1986) - Historical Record i sao zgrH sT, sAN FRANCISCO, CA 941 31-2239 SAN FRANCTSCO (Jan t 983 - Lan i gas) - Historicat Record Record lmportant: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrecly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. CertiReO copies may be obtained from that individual state's Department of State. The criminal record data in this product or service may include records that have been expunged, seale-d, or otherwise have become inaccessible to the public since the date on which the data was last uodated or collected. lRBSearch does not constitute a "consumer report" as lhat term is defined in the federal Fair Credit Reporting Act, 15 USC 1681 et seq. (FCRA). Accordingly, lRBsearch may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another permissible purpose under the FCRA. EXHIBIT ”3” Rachel C. Quimbz From: ACE Attorney Service-Bay Area Sent: Thursday, October 28, 2021 3:49 PM To: izzi@daglianlaw.com Subject: 2002369 Rodriguez v William Hello an attempt was made on control # 2002369 listed above. Status: 10/28/21 @11:10am Per resident Deborah Cole the subject has not lived there in 10 years. She has no idea where the subject could be. Thank you Beano Ammons Process Department ATIORNEYMVICEmmqm T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelega|.com Rachel C. Quimbz From: Service of Process Department-Bay Area Sent: Wednesday, October 27, 2021 12:37 PM To: Rachel C. Quimby; izzi@daglianlaw.com Subject: RE: 2002369 El Sobrante address RE: 2001814 SKIP TRACE RE: 1989951 RE: New control #1 989951 MEZA VS. WILLIAMS Good afternoon, Your control number is 2002369 for the new address. Thank you, Kristy Dorenkamp Service of Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelegal.com -----Original Message----- From: Rachel C. Quimby Sent: Wednesday, October 27, 2021 12:26 PM To: Service of Process Department-Bay Area ; izzi@daglianlaw.com Subject: 2002369 El Sobrante address RE: 2001814 SKIP TRACE RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Yes please. Kind regards, Rachel C. Quimby, Esq. Daglian Law Group, APLC 701 N. Brand Blvd., Suite 610 Glendale, California 91203 T (818) 545-7700 F (818) 545-3700 CONFIDENTIAL COMMUNICATION: This e-mail, together with any attachments comes from a law office, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is legally privileged. It is intended only for the use of the individual or entity to which it is addressed, which may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender at (818) 1 545-7700 immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer. Thank you. -----Original Message----- From: Service of Process Department-Bay Area [maiIto:sfprocess@acelegal.com] Sent: Wednesday, October 27, 2021 12:25 PM To: rachel@daglianlaw.com; izzi@dag|ianlaw.com Subject: FW: 2001814 SKIP TRACE RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Good afternoon, Attached is a copy of the skip trace. It gave: Thomas Williams Jr to be reporting 1029 Manor Rd, El Sobrante, CA 94803 as his residence address. Do you want us to book a new order for that address? Please advise. Thank you, Kristy Dorenkamp Service of Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelega|.com -----Original Message----- From: Gerardo Martinez Sent: Wednesday, October 27, 2021 12:10 PM To: rachel@daglianlaw.com; izzi@dag|ianlaw.com Cc: Service of Process Department-Bay Area Subject: RE: 2001814 SKIP TRACE RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Hi Rachel, See attach results for Thomas Williams. We ran a search on Thomas Williams with parameters of 1716 101st AVE., Oakland, CA. The report came back showing Thomas Williams SR & 71 years old. We can a comprehensive report on Thomas Williams Sr. and Thomas Williams Jr showed up as a relative. The report came back showing Thomas Williams Jr to be 37 years of age, DOB 05/xx/1984, Social Security number: 607- O7-xxxx We ran a search on Thomas Williams Jr with parameters of Social security number 607- 07- xxxx 2 The report came back showing Thomas Williams Jr to be reporting 1029 Manor Rd, El Sobrante, CA 94803 as his residence address. Thank you, Gerardo Martinez Service of Process Department 811 Wilshire Blvd., Suite 900 Los Angeles, Ca. 90017 Phone: (213) 623-3979 * Fax: (213) 623-7527 www.acelegal.com * gerardo@acelega|.com -----Original Message----- From: Rachel C. Quimby Sent: Tuesday, October 26, 2021 10:51 AM To: Service of Process Department-Bay Area ; izzi@daglian|aw.com Subject: 2001814 SKIP TRACE RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Hi Kirsty, Can you do a skip trace on this? Kind regards, Rachel C. Quimby, Esq. Daglian Law Group, APLC 701 N. Brand Blvd., Suite 610 Glendale, California 91203 T (818) 545-7700 F (818) 545-3700 CONFIDENTIAL COMMUNICATION: This e-mail, together with any attachments comes from a law office, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is legally privileged. It is intended only for the use of the individual or entity to which it is addressed, which may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender at (818) 545-7700 immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer. Thank you. -----Original Message----- From: Service of Process Department-Bay Area [mai|to:sfprocess@ace|ega|.com] Sent: Friday, October 22, 2021 10:02 AM To: Rachel C. Quimby ; izzi@daglian|aw.com 3 Subject: RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Good morning, | am emailing to follow up. If at this point you do not have instructions on how to proceed, we will be closing put this order for billing purposes. If you want to proceed later, we can book a new order for service. Thank you, Kristy Dorenkamp Service of Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelega|.com -----Original Message----- From: Rachel C. Quimby Sent: Wednesday, October 13, 2021 11:39 AM To: Service of Process Department-Bay Area ; izzi@daglian|aw.com Subject: RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Thank you so much for following up again Kristy. At this juncture we are still waiting for instruction on how to proceed. We will let you know as soon as possible. Kind regards, Rachel C. Quimby, Esq. Daglian Law Group, APLC 701 N. Brand Blvd., Suite 610 Glendale, California 91203 T (818) 545-7700 F (818) 545-3700 CONFlDENTIAL COMMUNICATION: This e-mail, together with any attachments comes from a law office, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is legally privileged. It is intended only for the use of the individual or entity to which it is addressed, which may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender at (818) 545-7700 immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer. Thank you. -----Original Message----- From: Service of Process Department-Bay Area [maiIto:sfprocess@acelegal.com] 4 Sent: Wednesday, October 13, 2021 11:37 AM To: Rachel C. Quimby ; izzi@daglianlaw.com Subject: RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Good morning, I am following up with you on this order as we have not heard back from you. How are we going to proceed with this order? Please advise. Thank you, Kristy Dorenkamp Service of Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelegal.com -----Original Message----- From: Rachel C. Quimby Sent: Wednesday, October 6, 2021 10:59 AM To: Service of Process Department-Bay Area ; izzi@daglianlaw.com Subject: RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Thank you. We are still waiting for instruction and will let you know as soon as possible. Kind regards, Rachel C. Quimby, Esq. Daglian Law Group, APLC 701 N. Brand Blvd., Suite 610 Glendale, California 91203 T (818) 545-7700 F (818) 545-3700 CONFIDENTIAL COMMUNICATION: This e- mai| together with any attachments comes from a law office, is covered by the Electronic Communications Privacy Act, 18 U.S. C. 2510-2521, and'Is legally privileged. lt Is intended only for the use of the individual or entity to which it is addressed, which may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender at (818) 545-7700 immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer. Thank you. -----Original Message----- From: Service of Process Department-Bay Area [mai|to:sfprocess@ace|ega|.com] Sent: Wednesday, October 6, 2021 10:58 AM To: izzi@dag|ianlaw.com Cc: 'Rachel C. Quimby' Subject: RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Good morning, I am emailing you to follow up on this order. We have had it on hold and have not heard back on how to proceed. Please advise. Thank you, Kristy Dorenkamp Service of Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelegal.com -----Original Message----- From: izzi@dag|ianlaw.com Sent: Wednesday, September 29, 2021 3:22 PM To: Service of Process Department-Bay Area Cc: 'Rachel C. Quimby' Subject: RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Hello, Please hold off on service for this matter. Kindly, Izzi Leon, Paralegal to Gary K. Daglian, Esq. Daglian Law Group, APLC 701 N. Brand Blvd., Suite 610 Glendale, CA 91203 T 818.545.7700 F 818.545.3700 www.Dag|ianLaw.com CONFIDENTIAL COMMUNICATION: This e-mail, together with any attachments comes from a law office, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is legally privileged. It is intended only for the use of the individual or entity to which it is addressed, which may be privileged, confidential and exempt from disclosure under applicable law. If you are not the 6 intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender at (818) 545-7700 immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer. Thank you. -----Original Message----- From: Service of Process Department-Bay Area [mailto:sfprocess@ace|egal.com] Sent: Wednesday, September 29, 2021 12:57 PM To: izzi@dag|ianlaw.com Subject: RE: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Hello Sending an update on whether you would like to continue with another set of attempts as you have reached your 3 attempts per billing phase. Thank you Beano Ammons Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelegal.com -----Original Message----- From: izzi@daglianlaw.com Sent: Monday, September 27, 2021 11:05 AM To: Service of Process Department-Bay Area Subject: 1989951 RE: New control #1989951 MEZA VS. WILLIAMS Please see below. Kindly, Izzi Leon, Paralegal to Gary K. Daglian, Esq. Daglian Law Group, APLC 701 N. Brand Blvd., Suite 610 Glendale, CA 91203 T 818.545.7700 F 818.545.3700 www.DaglianLaw.com CONFIDENTIAL COMMUNICATION: This e-mail, together with any attachments comes from a law office, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is legally privileged. It is intended only for the use of the individual or entity to which it is addresséd, which may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender at (818) 545-7700 immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer. Thank you. -----Original Message----- From: Service of Process Department-Bay Area [mailto:sfprocess@acelegal.com] Sent: Monday, September 27, 2021 11:03 AM To: izzi@dag|ianlaw.com Subject: RE: New control #1989951 MEZA VS. WILLIAMS Good morning, You have reached the three attempts per billing phase. Do you want to continue with another set of attempts? Thank you, Kristy Dorenkamp Service of Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelegal.com -----Original Message----- From: izzi@daglianlaw.com Sent: Monday, September 27, 2021 10:39 AM To: Service of Process Department-Bay Area Subject: RE: New control #1989951 MEZA VS. WILLIAMS Good morning, May service be attempted in the afternoon for this matter? Kindly, Izzi Leon, Paralegal to Gary K. Daglian, Esq. Daglian Law Group, APLC 701 N. Brand Blvd., Suite 610 Glendale, CA 91203 T 818.545.7700 F 818.545.3700 www.DaglianLaw.com CONFIDENTIAL COMMUNICATION: This e-mail, together with any attachments comes from a law office, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is legally privileged. It is intended only for the use of the individual or entity to which it is addressed, which may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender at (818) 545-7700 immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer. Thank you. -----Original Message----- From: Service of Process Department-Bay Area [maiIto:sfprocess@acelegal.com] Sent: Monday, September 27, 2021 10:05 AM To: izzi@dag|ianlaw.com Subject: RE: New control #1989951 MEZA VS. WILLIAMS Hello we have status updates in regard to the control number 1989951. Status: 9/22/21 @8:ZOam No answer to the door or doorbell and no car parked in the driveway. 9/26/21 @9:40am no answer to the door no car parked in the driveway. Let us know how would like to proceed Thank you Beano Ammons Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelegal.com -----Original Message----- From: Service of Process Department-Bay Area Sent: Friday, September 17, 2021 9:08 AM To: izzi@daglianlaw.com Subject: RE: New control #1989951 RE: Status Update-Contro|# 1987356 Ref# MEZA VS. WILLIAMS Good morning, I have booked a new order for service for 1716 101st Ave, Oakland, CA 94603. That control number is 1989951. I will close out 1987356 and request a declaration of non-service. Thank you, Kristy Dorenkamp Service of Process Department T: (510) 465-1000 F: (510) 373-2512 1000 Broadway, Ste. 340, Oakland, CA 94607 www.acelegal.com -----Original Message----- From: izzi@daglianlaw.com Sent: Thursday, September 16, 2021 5:33 PM To: Service of Process Department-Bay Area Subject: New control #1989951 RE: Status Update-Control# 1987356 Ref# MEZA VS. WILLIAMS Good afternoon, We have obtained a new address for service. Please see below. - 1716 1015t Ave, Oakland, CA 94603 Thank you! Kindly, Izzi Leon, Paralegal to Gary K. Daglian, Esq. Daglian Law Group, APLC 701 N. Brand Blvd., Suite 610 Glendale, CA 91203 T 818.545.7700 F 818.545.3700 www.DaglianLaw.com CONFIDENTIAL COMMUNICATION: This e-mail, together with any attachments comes from a law office, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is legally privileged. It is intended only for the use of the individual or entity to which it is addressed, which may be privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender at (818) 545-7700 immediately by telephone or by return e-mail and delete this message, along with any attachments, from your computer. Thank you. -----Original Message----- From: sfprocess@acelega|.com [mailto:sfprocess@acelega|.com] Sent: Tuesday, September 14, 2021 10:50 AM To: IZZ|@daglianlaw.com; sfprocess@acelegal.com Subject: Status Update-Control# 1987356 Ref# MEZA VS. WILLIAMS Attempt made ACE ATTORNEY SERVICE STATUS UPDATE 10 Ordered By: Izzi Leon Control Number: 1987356 Reference: MEZA VS. WILLIAMS Delivery Name and Address: Thomas Williams Jr. 1029 Manor Rd EL SOBRANTE CA 94803 Service Type: PDF P3D Notes: 9/13/21 @ 8AM- SERVER SPOKE TO THE MOTHER AT THE ADDRESS AND SHE SAID THAT SUBJECT (HER SON) MOVED AND DOES NOT HAVE A FORWARDING ADDRESS. 11 EXHIBIT ”4” () SPOKEO THOMAS WILLIAMS LOCATION HISTORY Thomas lived in a home in CA. I D&kland, CA | 2DD?-2fl19 I El Subrante, GA| 1399-2019 Benicia, GA | 2001-2018 I5- EI Sobrante, CAI 1998-20‘f8 Thomas Williams t Contact m I Locations m t Family (4} o noun o 1716 lfllst Ave GARLAND. CA 94603- . ZED? - 2019 Thomas lived in this single family home. Previous residents are Mattie 8., Uedel R. and “F2 others. . $514k est. value . Last sold in 199E) . 1,243 sqft. {living} . 5,242 sqft. {Int} VIEW PROPERTY "3 Found .I'n 4 dara sources VIEW 5 MERE LOCATfDN RESULTS V Q EETHELP O v I Personal (a) I Social (2) o Weanhrz} I Work {3} o 1029 Manor Rd E1. SDBRANTEJ CA 94mm . i999 - 2GB Thomas lived in this singie Tamil}; home currentty owned by Debra Cole. . $494k est. value . Last sold in 1999 . 1,5531 sqfi. {living} . 5 Beds H Bath VIEW PROPERTY -) Found m 9 data sources IQ Ammmement EXHIBIT ”5” ?DLS L?BU UUDD T1?3 lELll - gfirmgsmzfis Z Posmns‘mwca Postmaster El Sobramtg. cf} 614905 Date InjdgllLou, City, State, ZIP Codc’ \ REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORNLATION_ NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address, or the name and street address if a box holder, for the following: Name; “rm omas W‘mams JY- Address: m 29 manor flat. P! Jabrarzk C H‘ ‘74?)68 Note: The name and last known address are required for change ofaddfess information. The name, if known, and post office box address are required for box holder information The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is n0 fee for providing box bolder information. The fee for providing change ofaddress information is waived in accordance with 39 CFR 265.6(d)(1) and correspondingAdministrative SupporlManual 352.443. 1. Capacity ofreques'tcr (e.g., process server, attorney, party representing $610: LTH‘UW G 2. Statute or regulation that empowers me t0 serve process (not required when requester is an attorney or a party acting pro se, except a corporation acting pro se must cite statute): 3. The names Ofall known parties t0 the litigation: ?gd H) With Ladh'qw 2- GflOL ‘Th a'm dJ‘ WHII'EMJ . JV. v 4. The court in which the case is assigned: Jar] fa, C/dFRJ 5. The case name and number: Rodh'fim E V. Wl'Hfdm I 2 1C; V3 fl '40-! 6. The capacity in which this individual iyto be served (e.g., defendant or witness): At-Fcn dan f- WARNING THE SUBIVHSSION OF FALSE INFORMATION EITHER (1) TO OBTADI AND USE CHANGE OF ADDRESS INFORNIATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS 1N CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION COULD RESULT IN CRHVHNAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IWRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service oflegal process in conjunction with actual litigation. Du [+111 P?wNMbS 77w['2 one um er 70/5/6th B/Vd- JM‘f-r. (0/0 Signaw cc AddressW_ . . (awdfliu 6% W293 U.S. Postal Servi City. State. ZIP Code gEEEflEoByMAm BEeEg'B-r- I CE USE ONLY POST OFFICE _ _ ‘1“ ‘ ‘_‘ POSTMARK visit our website at 'www.usps._com®..Fo'r dfllimw information, :armfzmMnuFeu WIM z ”I422! Extra Serulner. 3‘ F'uea (chmrmr. add I’m! as manpreamj D Return Receipt (hardcopy) s _ >A_ D Return Receipt (electronic) $ __ _ Postmark D Certified Mail Restricted Delivery $ ._ Here D Adult Signature Required $ [j Adult Signature Restricted Delivery $ T’IJsla-UE XND STREET ADDRESS 5 'roml Pontage and Fuea S Sent To _______________ RY??? _ g W..................................__________WWP WNW”UHV. t-‘rzin't fl +J' D m PS Form 3800. Aprilgns PSN»_'7'_5'go-02'-ooo-so47 See Reverse for Instructions WWQONUIhUJNH HHHHHHH @UthJNHc H PROFESSIONHL LHUJ CORPOHHTION K7 D_og|ion Low Gugp NNNNNNNNNHHH “\IONUIhWNchWQ PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County 0f Los Angeles. I am over the age of eighteen years and not a party t0 the Within entitled action; my business address is 701 N. Brand B1Vd., Suite 610, Glendale, California 91203. On December 6, 2021, I served the following document(s) described as NOTICE 0F AND EX PARTE APPLICATION FOR ORDER FOR SERVICE BY PUBLICATION on the interested party(ies) in this action by placing true copies thereof enclosed in sealed envelopes and/or packages addressed as follows: M D SEE ATTACHED LIST BY MAIL: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited With the U.S. postal service 0n that same day With postage thereon fully prepaid at Glendale, California in the ordinary course 0f business. I am aware that 0n motion of the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date of deposit for mailing in affidavit. BY OVERNIGHT DELIVERY: I caused such envelope 0r package to be delivered 0n the same day to an authorized courier or driver authorized by the overnight service carrier t0 receive documents, in an envelope 0r package designated by the overnight service carrier. BY FACSIMILE: I caused said document(s) t0 be transmitted by facsimile pursuant to Rule 2.306 of the California Rules 0f Court. The telephone number of the sending facsimile machine was (818) 545-3700. The name(s) and facsimile machine telephone number(s) 0f the person(s) served are set forth 1n the service list. The sending facsimile machine issued a transmission report confirming that the transmission was complete and without error. Pursuant to Rule 2.306, a copy of that report is attached to this declaration. BY ELECTRONIC MAIL: I caused said document(s) to be transmitted by electronic mail pursuant to Rule 2.251 0f the California Rules 0fCourt and California Code 0f Civil Procedure §1010.6, §1013a and §2015.5. The electronic mail address 0f the sending persons is Rachel@DaglianlaW.com. The name(s) and electronic mail address(s) of the person(s) served are set forth in the service list. BY HAND DELIVERY: I caused such envelope(s) t0 be delivered by hand to the office of the addressee(s). STATE: I declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. FEDERAL: I declare that I am employed in the office of a member of the bar of this Court at Whose direction the service was made. I declare under penalty of perjury under the laws 0f the United States 0f America that the foregoing is true and correct. Executed 0n December 6, 2021 at Glendale, California. Rachel Quimby PROOF OF SERVICE -1- WWQONUIhUJNH HHHHHH UthNHc H PROFESSIONHL LHUJ CORPOHHTION K7 D_og|ion Low Gugp N N N N N N N N H H H H fl CN UI A OJ N H c \O w fl GN Nm SERVICE LIST Thomas Williams Jr. 1029 Manor Rd. E1 Sobrante, CA 94803 Defendant PROOF OF SERVICE