Declaration

Cal. Super. - 6th Dist.April 1, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381448 Santa Clara - Civil S.U Electronically Filed THE BOCCARDO LAW FIRM, INC. . ATTORNEYS AT LAW by Superior Court of CA, 111 w. ST. JOHN STREET, SUITE 400 C°unty °f santa C'aras SAN JOSE, CALIFORNIA 951 13 0" 1_/24/2022 1:55 PM Ph: (408) 298-5678 ReVIewed By: S- Uy Fax: (408) 298-7503 Case #21 CV381448 Envelope: 8123072 JOHN C. STEIN, SBN 39417 jstein@boccard0.com JAMES P. COLLINS, SBN 97266 jcollins@boccard0.com SHELLEY L. COLEMAN, SBN 111297 scoleman@boccardo.com ATTORNEYS FOR PLAINTIFF SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA VERA FOX, HERBERT FOX, Case N0.: 21CV381448 DECLARATION OF JOHN C. STEIN REGARDING ORDER TO SHOW CAUSE RE FAILURE TO SERVE Plaintiffs, VS. Date: January 27, 2022 Time: 10:00 AM Dept: 20 AQUATEK PLUMBING, INC., et a1. Defendants. vvvvvvvvvvvv I, John C. Stein, declare as follows: 1. I am an attorney licensed t0 practice before all courts in the State 0f California with the Boccardo Law Firm, Inc., attorneys 0f record for Plaintiffs. I have personal knowledge 0f the matters stated herein, unless stated upon information and belief, which I believe t0 be true. If called upon t0 testify in a court 0f law, I could and would competently d0 so. 2. This complaint was filed on April 1, 2021. Proof 0f service 0n Aquatek Plumbing was filed 0n September 10, 2021. Proof 0f service 0n American Management Services and Blossom Hill Estates was filed 0n September 21, 2021. A11 defendants have answered, and a cross-complaint has been filed. -1- DECLARATION OF JOHN C. STEIN REGARDING ORDER TO SHOW CAUSE RE FAILURE TO SERVE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs have exchanged interrogatories and requests for production with all defendants. The case is well underway. We respectfully request that the Order t0 Show Cause presently set for January 27, 2022 be taken off calendar and the case be set for a Case Management Conference at the Court’s convenience. I declare under penalty 0f perjury that the foregoing is true and correct. Executed this 24th day 0f January, 2022 in San Jose, California. BY: 99hC SW JéHN C. STEIN -2- DECLARATION OF JOHN C. STEIN REGARDING ORDER TO SHOW CAUSE RE FAILURE TO SERVE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, the undersigned, declare: I am now and at all times herein mentioned over the age 0f eighteen years and not a party t0 the Within action 0r cause. My business address is 111 West St. John Street, Ste. 400, P.O. Box 15001, San Jose, Santa Clara County, California 951 15-0001. 0n 1-24-22 , 1 served a copy ofthe attached DECLARATION 0F JOHN C. STEIN REGARDING ORDER TO SHOW CAUSE RE FAILURE TO SERVE on the parties t0 this action by placing a true copy thereof in a sealed envelope addressed t0: EVERETT DOREY LLP Sharon L. Hightower Seymour B. Everett, III, SBN 223441 Laura Malkofsky Severett@everettdorey.com El‘iCksen Arbuthnot lwilliams@everettdorey.com 210 N- 4th St-a Ste- 350 kmauro@everettdorey.com 5311 JOSE, CA 95112-5543 18300 Von Karman Avenue, Suite 900 Ph= 408-286-0880 Irvine, California 92612 Fax‘ 408-286-0337 Phone: 949_771_9233 shightower@ericksenarbuthnot.c0m Fax z 949_377_3 1 10 Attorneysfor Defendant Aquatek Plumbing, Inc. Attorneysfor Defendants American Management Service, Inc. and Blossom Hill Estates N0. 2 Homeowners Association (_) (BY MAIL). I placed each such sealed envelope, With postage thereon fully prepaid for first-class mail, for collection and mailing at San Jose, California, following ordinary business practices. I am readily familiar With the practice 0f this office for collection and processing 0f correspondence for mailing With the United States Postal Service; this correspondence would be deposited With the United States Postal Service 0n the above date in the ordinary course 0fbusiness. (_) (BY PERSONAL SERVICE). I caused each such envelope t0 be delivered by hand t0 the addressee(s) noted. (_) (BY FACSIMILE). I caused the said document t0 be transmitted by facsimile machine t0 the number indicated after the address(es) noted. (e) (BY OVERNIGHT DELIVERY). I caused said envelope t0 be delivered by Overnight next day delivery in accordance With CCP §1013(c). (XXX) (BY EMAIL OR ELECTRONIC TRANSMISSION). Based 0n a Court order 0r an agreement 0f the parties t0 accept service by email 0r electronic transmission, I caused the document(s) t0 be sent from email address jen@b0ccard0.c0m t0 the persons at the email addresses listed above in the Service List. I did not receive, Within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. I declare under penalty 0f perjury that the foregoing is true and correct. Executed 0n 1 24-22 , at San Jose, California. -3- DECLARATION OF JOHN C. STEIN REGARDING ORDER TO SHOW CAUSE RE FAILURE TO SERVE