Marilyn I. Young vs. Sulema Alcantar

Motion to Quash Service of Summons

Cal. Super. - 4th Dist.May 31, 2016

G R E E N |H A L L © 0 0 d N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FR , FP , F P R , P R E c o ~ N O o o u l B A W w W O N F P O O V U 0 0 N O U U B A W w W N H o O o GREEN & HALL, LLP JOHN T. GRIFFIN, State Bar No. 149713 jgriffin@ greenhall.com SOPHIA S.DEFRANCIS, State Bar No. 300791 sdefrancis@ greenhall.com 1851 East First Street, 10" Floor Santa Ana, California 92705-4052 Telephone: (714) 918-7000 Facsimile: (714) 918-6996 Specially appearing for Defendant SULEM A ALCANTAR SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER MARILYN YOUNG, an individual, Plaintiff, VS. SULEMA ALCANTAR, OST, INC. and DOES 1to 25, inclusive, Defendants. CASE NO. 30-2016-00855381-CU-PA-C]C SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF SOPHIA S. DEFRANCIS; DECLARATION OF JOSEPH GOLDBAUM Filed Concurrently with Request for J udicial Notice *SPECIALLY APPEARING* DATE: February 6, 2017 TIME: 9:00 am DEPT... CX103 RESERVATION No.: 72489606 JUDGE: Hon. Ronald L. Bauer DEPT. CX103 ACTION FILED: May 31,2016 TRIAL DATE: None Set TO ALL PARTIESAND TO THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT on February 6, 2017, at 9:00 am or as soon thereafter as counsel may be heard, in Department CX 103 of the above-captioned Court, located at 700 SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N |H A L L © 0 0 N N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FP , FP F F P FR , F P P c o ~ N o o u i A W w W N N F P O O V 0 0 N N o o u l B A W N O- -, o O o Civic Center Drive West, Santa Ana, California 92705, SULEMA ALCANTAR (“Alcantar”) will, and hereby does, specially appear before this Court to move for an Order quashing service of the summons and Complaint. The instant motion to quash is made pursuant to Code of Civil Procedure Section 418.10, upon the grounds A cantar has not been validly served with process and hence this Court lacks personal jurisdiction over A lcantar. This Motion is based on this Notice of Motion, the attached M emorandum of Points and Authorities, the Declarations of Sophia S. DeFrancis, Esq. and J oseph Goldbaum, the Request for Judicial Notice filed concurrently herewith, all of the pleadings,files, and records in this proceeding, and any argument or evidence that may be presented to or considered by the Court prior to its ruling. DATED: November 29, 2016 GREEN & HALL, LLP N Boa A x S Bn. John T. Griffin Sophia S. DeFrancis Specially Appearing for Defendant SULEM A ALCANTAR 2 SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N |H A L L © 0 0 d N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FR , FP , F P R , P R E c o ~ N O o o u l B A W w W O N F P O O V U 0 0 N O U U B A W w W N H o O o MEMORANDUM OF POINTS AND AUTHORITIES l. INTRODUCTION Plaintiff MARILYN YOUNG (“Plaintiff”) filed her Complaint in this action on June 20, 2016, seeking damages for her alleged injuries occurring as a result of an automobile collision that occurred on July 25, 2014. Plaintiff alleges that Defendant SULEM A ALCANTAR (“Alcantar”) “negligently drove, operated, owned, maintained, entrusted, failed to use reasonable care when driving, failed to keep proper lookout for obstacles, failed to control the speed of [her vehicle], failed to control the movement of [her vehicle] when driving, therefore, causing personal injuries to plaintiff.” Plaintiff apparently attempted substitute service of the summons and Complaint on Alcantar, however such service was ineffective as a matter of law and this Court therefore does not have personal jurisdiction over Alcantar. Accordingly, Alcantar therefore requests this Court to enter an Order quashing service of the summons and Complaint as to A cantar. I. STATEMENT OF FACTS On October 20, 2016, Plaintiff purported to serve Alcantar with the summons and Complaint by way of substitute service. Particularly, Plaintiff alleges to have served A lcantar by leaving the summons and Complaint with Vanessa A lcantar, a “competent member ofthe household...at the dwelling house or usual place of abode of [Alcantar]” at 1207 James Way, Colton, California 92324-1671 and thereafter mailing the summons and Complaint to that same address. A copy of that Proof of Service is attached to the concurrently filed Request for Judicial Notice ("RFJN") as Exhibit "A." Plaintiff purports to have served Alcantar pursuant to Code of Civil Procedure Section 415.20(b). However,this "service" was not proper and A |cantar respectfully requests an Order from the Court quashing service of the summons and Complaint. Il. ALCANTAR HASNOT BEEN PROPERLY SERVED WITH THE SUMMONS AND COMPLAINT A. L egal Authority for Motion to Quash If a Defendant claims a defect in service and lack of jurisdiction, it must do so by special appearance in a M otion to Quash Service, which is strictly limited to the issue of jurisdiction. Nelson v. Horvath (1970) 4 Cal.App.3d 1, 4. 3 SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N |H A L L © 0 0 d N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FR , FP , F P R , P R E c o ~ N O o o u l B A W w W O N F P O O V U 0 0 N O U U B A W w W N H o O o Code of Civil Procedure Section 418.10 provides in relevant part: (a) A Defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. Cal. Code Civ. Proc. § 418.10(a)(1). Pursuant to this authority, A lcantar files the instant motion to quash on the issue of defective service and lack of jurisdiction. Furthermore, this Motion is timely as it is being filed prior to when Alcantar’s responsive pleading is due on November 30, 2016. B. Alcantar Has Not Been Properly Served In California “service of summons is not effective and the court does not acquire jurisdiction of a party unless the statutory requirements for service of summons are met.” Schering Corp. v. Superior Ct. (Ingraham) (1975) 52 Cal.App.3d 737, 741. Code of Civil Procedure Section 415.20(b) provides that “a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household. ..who shall be informed of the contents thereof.” Cal. Code Civ. Proc. § 415.20(b). California Rule of Court 3.110(b) further provides: "The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 daysafter the filing of the complaint. W hen the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint." Cal. Rule of Court, Rule 3.110(b). Here, Plaintiff filed the Complaint against A lcantar on June 20, 2016. Plaintiff then attempted to serve Alcantar with the summons and Complaint on October 20, 2016 (four months later) by way of substitute service. Particularly, Plaintiff alleges to have served A cantar by leaving the summons and Complaint with Vanessa A lcantar, a “competent member ofthe 4 SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N |H A L L © 0 0 d N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FR , FP , F P R , P R E c o ~ N O o o u l B A W w W O N F P O O V U 0 0 N O U U B A W w W N H o O o household...at the dwelling house or usual place of abode of [Alcantar]” at 1207 J ames W ay, Colton, California 92324-1671 and thereafter mailing the summons and Complaintto that same address. See POS attached to the RFJN as Exhibit "A." However, this purported service was not proper, as Plaintiff did not serve a “competent member of the household” at Alcantar’s “dwelling house or usual place of abode.” See Cal. Code Civ. Proc. § 415.20(b). In factand as will be discussed in further detail below, Alcantar has never lived at the address listed on the Proof of Service and “Vanessa Alcantar”is not a member of that household. After being put on notice of this potential lawsuit, counsel for Alcantar hired a private investigator, J oseph Goldbaum to inquire into Alcantar’s whereabouts, inform her that counsel had been retained to represent her in this lawsuit, and provide her with counsel’s contact information. See Declaration of Sophia S. DeFrancis (“DeFrancis Declaration”) at § 2. Mr. Goldbaum was not successful in his efforts. Id. Thereafter and upon learning that A lcantar had allegedly been served at 1207 Janes Way, Colton, California 92324-1671 (as indicated on the proof of service), counsel for Alcantar asked Mr. Goldbaum to go to that address to contact Alcantar. Id. at {2 On October 30, 2016 at 4:30 p.m., Mr. Goldbaum traveled to the residence address of 1207 Janes Way, Colton, California 92324. See Declaration of Joseph Goldbaum (“Goldbaum Declaration”) at § 5. Mr. Goldbaum was greeted at the door by the owner of the property and current occupant, who identified herself as Oralia Serrano (“Serrano”). Id. Serrano noted that Alcantaris not currently an occupant of the residence located at 1207 ] anes W ay, Colton, California 92324, nor had she ever been an occupant. /d. at | 6. Further, she had never seen any mail or correspondence addressed to A [cantar sent to that address. Id. Serrano indicated, however, that her grandson, Alberto Estrada, and A cantar were formerly boyfriend and girlfriend, howevertheir relationship ended four to five years prior. Id. at 7. Serrano also noted that there was no one at her residence address by the name of “Vanessa Alcantar” (as listed on the Proof of Service), however, her granddaughter is V anessa Estrada, an occupant. Id. at 98. Serrano was not aware of any legal documents being served on her granddaughter on October 20, 2016 at 7:18 p.m., nor has she received any documents addressed to 5 SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N |H A L L © 0 0 d N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FR , FP , F P R , P R E c o ~ N O o o u l B A W w W O N F P O O V U 0 0 N O U U B A W w W N H o O o Sulema Alcantarin the mail. Id. Itis abundantly clear that A lcantar has neverlived at the addresslisted on the proof of service, nor is “Vanessa Alcantar” a competent member of that household. Accordingly, Plaintiff's Proof of Service is defective, Alcantar has not been served in compliance with California law, and Plaintiff's purported service of A lcantar must be quashed. IV. THE BURDENISONTHE PLAINTIFF TO PROVE THAT THE SERVICE OF THE SUMMONS AND COMPLAINT ISVALID Once a Motion to Quash is filed, the burden is on the plaintiff to prove by a preponderance of evidence the facts requisite to an effective service. Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413; see also Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163. V. CONCLUSION Based upon the foregoing, A lcantar respectfully asks this Court to quash service of the summons and Complaint as to A cantar on the grounds that this Court lacks personal jurisdiction over Alcantar. DATED: November 29, 2016 GREEN & HALL, LLP i Go opJo iBy: John T. Griffin Sophia S. DeFrancis Specially Appearing for Defendant SULEM A ALCANTAR 6 SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N |H A L L © 0 0 d N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FR , FP , F P R , P R E c o ~ N O o o u l B A W w W O N F P O O V U 0 0 N O U U B A W w W N H o O o DECLARATION OF SOPHIA S.DEFRANCIS, ESQ. 1. | am an attorney at law duly licensed to practice before all of the courts in the State of California. | am an attorney with the law firm of Green & Hall, LLP, counsel for SULEM A ALCANTAR (“Alcantar”) whois specially appearing in this action. | have personal knowledge of the facts set forth in this Declaration and,if called as a witness, could and would testify competently to such facts under oath. 2. After attempting and failing to make contact with Alcantar, | retained a private investigator, J oseph Goldbaum, to inquire into her whereabouts, inform her that our office had been retained to represent her in this lawsuit, and provide her with our contact information. Mr, Goldbaum was not successful in his efforts. 3. Upon learning that A lcantar had allegedly been served at 1207 J anes W ay, Colton, California 92324-1671 (as indicated on the proof of service), | asked Mr. Goldbaum to go to that address to contact A lcantar. 4, Mr. Goldbaum later informed me that A [cantar does not live at the address identified on the proof of service and provided me with a report as to his contact with the occupants of that address. A true and correct copy ofthat report is attached as Exhibit “B.” I] I] I] I] I] I] I] I] I] I] I] [11 / SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N |H A L L © 0 0 N N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FP , FP F F P FR , F P P c o ~ N o o u i A W w W N N F P O O V 0 0 N N o o u l B A W N O- -, o O o 5. On November 14, 2016, | contacted counsel for Plaintiff MARILYN YOUNG (“Plaintiff”), Sergio Benedetto, to inform him that he had improperly served A lcantar. W hile we disagreed whether service was proper, Mr. Benedetto agreed to review our investigator’s report concerning his service of Alcantar. | sent Mr. Benedetto a copy of the investigator report on November 15, 2016. A true and correct copy of that correspondenceis attached as Exhibit “C.” | again spoke to Mr. Benedetto on November 17, 2016, at which time he indicated that he had reviewed the report but nonetheless believed his service of Alcantar was proper. This motion timely followed. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 29th day of November, 2016, at Santa Ana, California. ( Bp Sophia S. DeFrancis 8 SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N |H A L L © 0 0 d N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FR , FP , F P R , P R E c o ~ N O o o u l B A W w W O N F P O O V U 0 0 N O U U B A W w W N H o O o DECLARATION OF JOSEPH GOLDBAUM |, Joseph Goldbaum, declare as follows: 1. This declaration is being made in support of the M otion to Quash Service of Summons and Complaint on Sulema A lcantar. | have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. | am a private investigator qualified manager, licensed as such under the firm name "GI " by the California Department of Consumer Affairs, Bureau of Security and Investigative Services under License No. PI 12461. This license was issued on September 22, 1987 and remains active and in good standing, with no disciplinary actions taken. 3. Sophia DeFrancis of Green & Hall, LLP retained me to locate and contact her client, Sulema A Icantar (“Alcantar”). | was not able to make contact with A lcantar, despite my efforts. 4, On October 28, 2016, Ms. DeFrancis informed me that A cantar had been served and provided me with the proof of service that had been filed with the Court. See POS attached to the RFJN as Exhibit "A." Ms. DeFrancis asked that | go to the address listed on the proof of service to initiate contact with Alcantar and provide her with Ms. DeFrancis’ contact information. 5. On October 30, 2016 at 4:30 p.m., | traveled to the residence address of 1207 J anes Way, Colton, California 92324. | was greeted at the door by the owner of the property and current occupant, who identified herself as Oralia Serrano (“Serrano”). | identified myself and the nature of my visit, as well as providing and showing my credentials as a Licensed Private Investigator. 6. Serrano also noted that A cantar is not currently an occupant of the residence located at 1207 J anes W ay, Colton, California 92324, nor had she ever been an occupant. Serrano had never seen any mail or correspondence addressed to A Icantar sent to that address. 7. Serrano indicated that her grandson, Alberto Estrada, and A [cantar were formerly boyfriend and girlfriend, howevertheir relationship ended fourto five years prior. 8. Serrano indicated that there was no one at her residence address by the name of “Vanessa A cantar,” however, her granddaughter is V anessa Estrada, an occupant. Serrano was 9 SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx G R E E N | H A L L 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 not aware of any legal documents being served on her granddaughter on October 20, 2016 at 7:18 p.m., nor has she received any documents addressed to Sulema Alcantar in the mail. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 10SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONSPADOCEYoung,AlcantarPleadings'\Maotion to Quash.docx EXHIBIT “B” JGI OSEPH GOLDBAUM. INC. Prato Investigations * Attorney Support Services 4790 Irvine Blvd., Suite 105-504 Bonded Registered #PSC-227 State License #P! 12461 Irvine, California 92620 PHONE (949) 724-9396 * FAX (714) 673-6784 Web www.jgipi.com email jgipi@yahoo.com October 30, 2016 Sophia DeFrancis Green & Hall APC 1851 East First Street, 10" Floor Santa Ana, CA 92705 Re: Marilyn I. Young vs. Sulema Alcantar Investigation on Sulema Alcantar File No. 1000.694 Dear Sophia, Reference is made to your request dated October 28, 2016, regarding the above- captioned matter. Per your request, I initiated investigative activity and the following is the result of my efforts. On October 30, 2016 at 4:30 p.m., I went out to the residence address of 1207 Janes Way, Colton, California 92324. I was greeted at the door by the owner of the property and current occupant, identified as Oralia Serrano. I identified myself and the nature of my visit, as well as providing and showing my credentials as a Licensed Private Investigator, also providing my business card. Oralia Serrano provided the following statement. Ms. Serrano stated that Sulema Alcantar is not currently an occupant, nor has ever been an occupant, and she has never seen any mail or any correspondence addressed to Sulema Alcantar. She also stated that her grandson, Albert Estrada and Sulema Alcantar were boyfriend and girlfriend and their romance terminated between 4-5 years ago. She also stated that there is no one at her residence address by the name of Vanessa Alcantar, however her granddaughter is Vanessa Estrada, an occupant. Ms. Serrano is not aware of any legal documents that was served on her granddaughter Vanessa on October 20, 2016 at 7:18 p.m., nor has she received any documents in the mail addressed to Sulema Alcantar. I also encouraged Ms. Serrano to have her granddaughter, Vanessa contact me regarding Vanessa's encounter with the process server on October 20, 2016. Green & Hall APC October 30, 2016 Page 2 If you have any questions regarding this assignment, office Respectfully Submitted, JOSEPH GOLDBAUM INC. Une Golilbann Joe Goldbaum JG:p please feel free to contact my EXHIBIT “C” Sophia DeFrancis a ES From: Sophia DeFrancis Sent: Tuesday, November 15, 2016 10:46 AM To: '‘Benedettooffice@gmail.com’ Subject: Young v. Alcantar Service Issue Attachments: GH - Young v. Alcantar Report 10-30-16.pdf Hi Sergio, Pursuant to your request, please find out investigator's report attached. Thank you and feel free to contact me should you wish to discuss this matter further. Best, Sophia S. DeFrancis, Esq. GREEN & HALL, LLP 1851 East First Street,10th Floor Santa Ana, California 92705-4052 Phone: 714.918.7000 Facsimile: 714.918.6996 Email: sdefrancis@greenhall.com ianNS GREEN | HAL < The information contained in this e-mail message is intended only for the personal and confidential use ofthe recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify Sophia DeFrancis immediately by e-mail, at sdefrancis@greenhall.com and delete the original message. JGI OSEPH GOLDBAUM. INC. Prato Investigations * Attorney Support Services 4790 Irvine Blvd., Suite 105-504 Bonded Registered #PSC-227 State License #P! 12461 Irvine, California 92620 PHONE (949) 724-9396 * FAX (714) 673-6784 Web www.jgipi.com email jgipi@yahoo.com October 30, 2016 Sophia DeFrancis Green & Hall APC 1851 East First Street, 10" Floor Santa Ana, CA 92705 Re: Marilyn I. Young vs. Sulema Alcantar Investigation on Sulema Alcantar File No. 1000.694 Dear Sophia, Reference is made to your request dated October 28, 2016, regarding the above- captioned matter. Per your request, I initiated investigative activity and the following is the result of my efforts. On October 30, 2016 at 4:30 p.m., I went out to the residence address of 1207 Janes Way, Colton, California 92324. I was greeted at the door by the owner of the property and current occupant, identified as Oralia Serrano. I identified myself and the nature of my visit, as well as providing and showing my credentials as a Licensed Private Investigator, also providing my business card. Oralia Serrano provided the following statement. Ms. Serrano stated that Sulema Alcantar is not currently an occupant, nor has ever been an occupant, and she has never seen any mail or any correspondence addressed to Sulema Alcantar. She also stated that her grandson, Albert Estrada and Sulema Alcantar were boyfriend and girlfriend and their romance terminated between 4-5 years ago. She also stated that there is no one at her residence address by the name of Vanessa Alcantar, however her granddaughter is Vanessa Estrada, an occupant. Ms. Serrano is not aware of any legal documents that was served on her granddaughter Vanessa on October 20, 2016 at 7:18 p.m., nor has she received any documents in the mail addressed to Sulema Alcantar. I also encouraged Ms. Serrano to have her granddaughter, Vanessa contact me regarding Vanessa's encounter with the process server on October 20, 2016. Green & Hall APC October 30, 2016 Page 2 If you have any questions regarding this assignment, office Respectfully Submitted, JOSEPH GOLDBAUM INC. Une Golilbann Joe Goldbaum JG:p please feel free to contact my G R E E N |H A L L © 0 0 d N o o u r B A O w N D R N O N N N N N D N N N M N N F P F FP F FR , FP , F P R , P R E c o ~ N O o o u l B A W w W O N F P O O V U 0 0 N O U U B A W w W N H o O o PROOF OF SERVICE | am employed in the County of Orange, State of California. | am over the age of 18 and not a party to the within action. My business address is 1851 East First Street, 10th Floor, Santa Ana, CA 92705-4052. On November 29, 2016, | served the within document(s) described as: SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF SOPHIA S. DEFRANCIS; DECLARATION OF JOSEPH GOLDBAUM on each interested party in this action as stated below: Sergio F. Benedetto, Esq. Law Offices of Sergio F. Benedetto 535 N. Brand Blvd., Suite 700 Glendale, CA 91203 (818) 246-7000; Fax: (818) 246-7007 B enedettooffice@ gmail.com Attorney for Plaintiff Marilyn Y oung BY MAIL: By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth above. | placed each such envelope for collection and mailing following ordinary business practices. Iam readily familiar with this Firm’s practice for collection and processing of correspondence for mailing. Under that practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Santa Ana, California, 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 day after date of deposit for mailing in affidavit. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 29, 2016, at Santa Ana, California. Lats Elo Sheila Ellis SULEMA ALCANTAR’S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS P:\DOCS\Y oung.Alcantar\Pleadings\M otion to Quash.docx