Declaration

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

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV388142 Santa Clara - Civil S. U) Claude Wyle, Esq, SBN 106773 ggcéULOSéCHOgLoslgngLE Electronically Filed attery treet, u1te - San Francisco, CA 94111 3y sutperg Ciuréff CA’ Telephone: (415) 474-7800 °"n Y ° a" a ara’ Facsimile; (415) 474-0734 0n 1/24/2022 1:12 PM Attorneys for Plaintiff Christopher K. Nakamura REVIGWGd By: S. Uy Case #21 CV3881 42 Envelope: 8122328 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA COUNTY CHRISTOPHER NAKAMURA, CASE NO.: 21CV388142 Plaintiff, DECLARATION OF CLAUDE A. WYLE, ESQ. REGARDING CASE V. MANAGEMENT STATE OF CALIFORNIA; COUNTY OF SANTA CLARA AND DOES 1 TO 100, Defendants. I, Claude Wyle, declare as follows: 1. I am an attorney at law duly licensed to practice before this and all courts 0f the State of California and I am a partner in the law firm of Choulos, Choulos & Wyle, attorneys 0f record for plaintiff Christopher Nakamura. 2. I am personally familiar with the facts and circumstances set forth in this declaration and if called as a Witness, I could competently testify to their truth. 3. I filed the complaint in this matter on September 23, 2021. At the time of filing, our vendor, One Legal provided us With endorsed filed copies 0f the Civil Case Cover Sheet, Summons and Complaint, but did not provide any documents, or notice from the Court regarding Case Management or ADR as is the norm. 4. Civil Case Cover Sheet, Summons, Complaint and Statement of Damages were _1_ Declaration ofCAW re Case Status 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 served on defendant County of Santa Clara on December 1, 2021, and on defendant State of California on December 3, 2021. One Legal was our vendor for service 0f process and should have filed the proofs of service upon completion. I have been informed that this did not happen. Attached hereto as “Exhibit 1” please sec true and correct copies of the proofs 0f service on both defendants. 5. This case involves gravel left on a public roadway, that was left by a private contractor, which caused a single vehicle motorcycle collision with serious injuries. 6. A11 open extension to answer was granted to defendants to ascertain the identities of other liable private entities. 7. Counsel for defendant State of California advised me today 0f the identity 0f the private contractor. 8. Plaintiff Will amend the complaint to add the private pavement contractor as a DOE defendant, and t0 correct some language regarding the public entity cause of action. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATE: January 24, 2022 CHOULOS, CHOULOS, & WYLE, LLP ClaudeWyle, Esq. Attorneys for plaintiff Christopher K. Nakamura _2_ Declaration ofCAW re Case Status 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed in the City and County of San Francisco, State 0f California. I arn over 18 years 0f age and not a party t0 this action. My business address is Choulos, Choulos & Wyle, 275 Battery Street, Suite 1300, San Francisco, CA 94111. On the date below I served a true copy of the following document(s): Declaration ofCAW re Case Status 0n the interested parties to said action by the following means: D (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope With appropriate postage, for collection and mailing following our ordinary business practices. I am readily familiar With this business’s practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope With postage fully prepaid. (BY OVERNIGHT DELIVERY) By placing a true copy 0f the above, enclosed in a sealed envelope With delivery Charges t0 be billed t0 Choulos, Choulos & Wyle for delivery by Federal Express t0 the address(es) shown below. (BY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by facsimile transmission from facsimile number (41 5) 474-0734 to the attorney(s) or party(ies) shown below. (BY E-MAIL or ELECTRONIC TRANSMISSION) Based 0n a court order or an agreement 0f the parties to accept service by e-mail 0r electronic transmission, I caused the documents t0 be sent t0 the persons at the e-mail addresses listed below. I did not receive, Within a reasonable period of time, after the transmission, any electronic message or other indication that the transmission was unsuccessful. (BY ELECTRONIC SERVICE BY COURT APPROVED VENDOR) Based on local rules of court, I caused the documents to be sent t0 the persons at the e-mail addresses listed below, by submitting the document to, on at. CA Dept 0f Transportation Stephen Schmid, Esq. Jeremie Ginellj, Esq. Deputy County Counsel 111 Grand Avenue, Suite 11-100 County 0f Santa Clara Oakland, CA 94612 70 West Hedding Street, East Wing 51 0-433-91 00 9th Floor jcremie.ginelli@dot.ca.gov San jose, CA 951 10 408-299-5951 Stephen.schmidt@cc0.sccgov.org I declare under penalty 0f perjury under the law of the State of California that the foregoing is true and correct. /DATED: January 24, 2022 fl Jong GWah Hwang EXHIBIT 1 POS-01 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Claude Wvle, 106773 Choulos, Choulos & Wyle 275 Battery Street, Suite 1300 San Francisco. CA 941 11 TELEPHONE No.: (41 5) 432-7292 ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Superior Court of California, Santa Clara Countv 191 N. First Street San Jose, CA 951 13-1090 PLAINTIFF/PETITIONER: Christopher Nakamura CASE NUMBER: DEFENDANT/RESPONDENT: County of Santa Clara, et aI. 21 CV3881 42 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS 229368 _ Nakamura 1. At the time of service | was a citizen of the United States, at least 18 years of age and not a party to this action. 2. | served copies of; Summons, Civil Case Cover Sheet, Complaint for Damages, Statement of Damages - State of CA, Statement of Damages - Santa Clara 3. a. Party served: County Of Santa Clara b- Person Served: Person Authorized to Accept Service of Process 4. Address where the party was served: 70 W Hedding St, 10th Floor San Jose, CA 951 10 5. | served the party b- by substituted seWice- On (date): 12/01/2021 at (time): 2:31 PM | left the documents listed in item 2 with or in the presence Of: Rebecca Davis - Person Authorized t0 Accept (1) (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. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: d. on behalf of: County of Santa Clara under: CCP 41 6.50 (oublic entitv) 7. Person who served papers a. Name: Thomas J. Bowman, Jr b. Address: One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 c. Telephone number: 415-491-0606 d. The fee for service was: $ 104.00 e. | am: (3) registered California process server. (i) Employee or independent contractor. (ii) Reqistration No. 25 (iii) County SANTA CLARA 8. | declare under penalty of periurv under the laws of the United States of America and the State of California that the foregoing is true and correct. Date: 12/02/2021 EThomas J. Bowman. Jr (NAME OF PERSON WHO SERVED PAPERS) (SIGNATURE) Form Adopted for Mandatory Use Judicial Council of California POS-010 [Rev,Jan 1,2007] PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, §417.10 OL# 17303780 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name andAddress): TELEPHONE NO.: FOR COURT USE ONLY Claude Wvle, 106773 (41 5) 432-7292 Choulos, Choulos & Wyle 275 Battery Street San Francisco, CA 941 11 Ref.No.orFiIe No. ATTORNEY FOR (Name): PIaintiff 229368 _ Nakamura Insert name of court, judicial district or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF: Christopher Nakamura DEFENDANT: County of Santa Clara, et al. CASE NUMBER: PROOF OF SERVICE BY MAIL 21CV388142 | am a citizen ofthe United States, over the age of 18 and not a party to the within action. My business address is 1400 N. McDowell Blvd, Petaluma, CA 94954. On 12/02/2021, after substituted service under section CCP 415.20(a) or 41 5.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1 )(B) was made (if applicable), | mailed copies of the: Summons, Civil Case Cover Sheet, Complaint for Damages, Statement of Damages - State of CA, Statement of Damages - Santa Clara to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Petaluma, California, addressed as follows: County of Santa Clara 7O W Hedding St, 10th Floor San Jose, CA 951 10 | am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Fee for Service: $ 104.00 I declare under penalty of perjury under the laws of the United States 0f America and the State 0f California that the foregoing is true and correct and that this declaration was executed 0n 12/02/2021 at Petaluma, California. One Legal - P-OOO618-Sonoma 1400 North McDowell Blvd, Ste 300 mag Petaluma, CA 94954 . Mehssa Berry OL# 17303780 POS-01 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Claude Wvle, 106773 Choulos, Choulos & Wyle 275 Battery Street, Suite 1300 San Francisco. CA 941 11 TELEPHONE No.: (41 5) 432-7292 ATTORNEY FOR (Name): plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Superior Court of California, Santa Clara Countv 191 N. First Street San Jose, CA 951 13-1090 PLAINTIFF/PETITIONER: Christopher Nakamura CASE NUMBER: DEFENDANT/RESPONDENT: County of Santa Clara, et aI. 21 CV3881 42 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS 229368 _ Nakamura 1. At the time of service | was a citizen of the United States, at least 18 years of age and not a party to this action. 2. | served copies of; Summons, Civil Case Cover Sheet, Complaint for Damages, Statement of Damages - State of CA, Statement of Damages - Santa Clara 3. a. Party served: State Of California b- Person Served: Person Authorized to Accept Service of Process 4. Address where the party was served: 455 Golden Gate Ave, #1 1000 San Francisco, CA 94102 5. | served the party b- by substituted seWice- On (date): 12/03/2021 at (time): 11:1 3AM | left the documents listed in item 2 with or in the presence Of: Suzann Kowalsky - Person Authorized t0 Accept (1) (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. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: d. on behalf of; I State of Californla under: CCP 41 6.50 (oublic entitv) 7. Person who served papers a. Name: Edatil P. Carmona b. Address: One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 c. Telephone number: 415-491-0606 d. The fee for service was: $ 104.00 e. | am: (3) registered California process server. (i) Employee or independent contractor. (ii) Reqistration No. 521 (iii) County San Mateo 8. | declare under penalty of periurv under the laws of the United States of America and the State of California that the foregoing is true and correct. Date: 12/03/2021 [PL Edatil P. Carmona (NAME OF PERSON WHO SERVED PAPERS) (SIGNATURE) Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10 J d' ‘ IC '| fC I‘f ' POS-010” [Ri‘i'T‘j'afi12582‘m PROOF 0F SERVICE 0F SUMMONS OL# 17303779 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name andAddress): TELEPHONE NO.: FOR COURT USE ONLY Claude Wvle, 106773 (41 5) 432-7292 Choulos, Choulos & Wyle 275 Battery Street San Francisco, CA 941 11 Ref.No.orFiIe No. ATTORNEYFORWame)’ Plaintiff 229368 - Nakamura Insert name of court, judicial district or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 95113-1090 PLAINTIFF: Christopher Nakamura DEFENDANT: County of Santa Clara, et al. CASE NUMBER: PROOF OF SERVICE BY MAIL 21CV388142 | am a citizen ofthe United States, over the age of 18 and not a party to the within action. My business address is 1400 N. McDowell Blvd, Petaluma, CA 94954. On 12/03/2021, after substituted service under section CCP 415.20(a) or 41 5.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1 )(B) was made (if applicable), | mailed copies of the: Summons, Civil Case Cover Sheet, Complaint for Damages, Statement of Damages - State of CA, Statement of Damages - Santa Clara to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Petaluma, California, addressed as follows: State of California 455 Golden Gate Ave, #1 1000 San Francisco, CA 94102 | am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Fee for Service: $ 104.00 I declare under penalty of perjury under the laws of the United States 0f America and the State 0f California that the foregoing is true and correct and that this declaration was executed 0n 12/03/2021 at Petaluma, California. One Legal - P-OOO618-Sonoma 1400 North McDowell Blvd, Ste 300 mag Petaluma, CA 94954 . Mehssa Berry OL# 17303779