Plaintiff'S Response To Order To Show Cause Regarding Service of Defendant Emery Companies, Inc.

Response

Cal. Super. - 1st Dist.September 12, 2017

20 21 22 23 24 25 26 27 28 MARY E. ALEXANDER, ESQ. (SBN: 104173) JENNIFER L. FIORE, ESQ. (SBN: 203618) CASEY A. GEE, ESQ. (SBN: 284830) Mary Alexander & Associates, P.C. 44 Montgomery Street, Suite 1303 San Francisco, CA 94104 Telephone: (415) 433-4440 Facsimile: (415) 433-5440 Attorneys for Plaintiff DANIEL YOHANNES SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO DANIEL YOHANNES, Case No.: CGC-17-561238 Plaintiff, PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE REGARDING SERVICE Vs. OF DEFENDANT EMERY COMPANIES, INC. GEARY-GRANT LLC; DOLCE & GABBANA USA, INC; EMERY COMPANIES, INC., doing business as MM CONSTRUCTION; and DOES 1 through 100, inclusive, Date: March 27, 2018 Time: 10:30 a.m. Dept.: 610 Date Action Filed: September 12, 2017 Trial Date: Not Set Defendants. i = N N N E N Z Plaintiff hereby submits the following response to the Court’s Order to Show Cause re: failure to file proof of service and obtain an answer or enter default against Defendant Emery Companies, Inc., doing business as MM Construction, presently set for hearing on March 27, 2018, at 10:30 a.m. in Dept. 610: The proof of service of summons for Defendant Emery Companies, Inc., doing business as MM Construction was filed with the court on February 28, 2018 and is attached hereto as Exhibit 1. The service was by substitute service on February 21, 2018 and mailing of the served documents on February 26, 2018. Defendant’s responsive pleading is due on April 9, 2018. 1 PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE REGARDING SERVICE OF DEFENDANT EMERY COMPANIES,INC. Case No. CGC-17-561238 20 21 22 23 24 25 26 27 28 Plaintiff respectfully requests that the hearing be continued for forty-five days to allow for the responsive pleading to be filed. DATED: March 7,2018 Respectfully submitted, MARY ALEXANDER & ASSOCIATES, P.C. ote7 Qpupourw Mary E. {lpxender, Esq. Jennifer L/Fiore, Esq. Attorneysfor Plaintiff 2 PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE REGARDING SERVICE OF DEFENDANT EMERY COMPANIES, INC. Case No. CGC-17-561238 Exhibit 1 POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Siala Bar number. and addrass); FOR COURT USE ONLY Jennifer Fiore, 203618 r ciates Mary Alexander, & Asso ELECTRONICALLY 44 Montgomery Street, Suite 1303 FILED San Francisco, CA 94104 TELEPHONE NO.: (415)433-4440 Ext 222 Suporior Court of Catiforpia, ATTORNEY FOR (Name) Plaintiff County ofSan Franciscp SUPERIOR COURT OF CALIFORNIA, COUNTY OF 02/28/2018 Superlor Court of California, San Francisco County Clerk of the CourtBY:VANESSA WU 400 McAllister Street Doputy Clork San Francisco, CA 94102 PLAINTIFF/PETITIONER: Daniel Yohannes CASE NUMBER: DEFENDANT/RESPONDENT: Geary-Grant LLC,et al. CGC-17-561238 Rel. No. of Fla No. PROOF OF SERVICE OF SUMMONS Yohannes 1. Alihe lime of service | was a citizen of the United States,at least 18 years of age and not a party to this action.BY r/ \X 2. I served cooles of: Summons, Complaint, Civil Case Cover Sheet, Altemative Dispute Resolution Program information Package, Notice to Plaintiff, Order to Show Cause 3. a. Party served: Emery Companies, Inc., doing business as MM Construction b. Person Served: General Manager or CEO - Person Authorized to Accept Service of Process 4. Address where the parly was served: 232 Cobblestone Drive Antioch, CA 94509 5. | served the party b. by substituted service. On (dale). 02/21/2018 at (time): g.33pN left the documents listed in item 2 with or in the presence of: “John Doe"-(White, Male, 55-60, 5'4, 200) - Co-Occupant (2) (home) a person al least 18 years of age apparently in charge atthe office or usual place of business of the person to be served. | informed him or her of the general nalure of ihe papers. (4) A deciaration of mailing Is attached. 6. The "Notice to the Person Served” (on the summons) was completed as follows: £oLP"EhRpanies, Inc., doing business as MM Construction under: CCP 416.10 (corporation) 7. Person who served papers a. Name. Isnac G. Meynard b. Address: One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 ¢. Telephone number: 415-491-0606 d. The fee for service was: $§ 95.50 a. | am: (3) registered California process server. (iy Employee or independent contractor. {iil Reaistration No. 2016-0001159 (iii) County San Francisco 8. | declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Date: 02/26/2018 RCLISP Isaac G. Meynard + ee{NAMEOF P RSONSERVEDPAPERS]. SIGNATURE) Code of Civit Procedure, § 417.10Farm Adopled fer Mandatory Use aden2 PROOF OF SERVICE OF SUMMONSRov. Jan 1, 2007] oL# 11730605 ATTORNEYOR PARTY WITHOUTATTORNEY (Nome and Address) TELEPHONE NO. FOR COURT US E ONLY Jennifer Fiore, 203618 (415)433-4440 Ext 222 Mary Alexander & Associates 44 Montgomery Street San Francisco, CA 94104 Ret, No. or Fie No. ATIORNEY FOR (Namay. P13INLITT Yohannes tnsart nama of court, judicial distAct or branch coun, if any: San Francisco-McAllister 400 McAllister Street San Francisco, CA 94102 PLAINTIFF Daniel Yohannes DEFENDANT: Geary-Grant LLC,et al. CASE NUMBER PROOF OF SERVICE BY MAIL CGC-17-561238 | sm a citizen of the United States, over the age of 18 and not a party to the within action. My business address is 504 Redwood Blvd., Sulte 223 Novato, CA 94647. On 02/26/2018, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)(B) was made (if applicable), | mailed copies of the: Summons, Complaint, Civil Case Cover Sheet, Alternative Dispute Resolution Program Information Package, Notice to Plaintiff, Order to Show Cause to the person to be served at the place where the copies were [eft by placing a lrue copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Los Angeles, California, addressed as follows: Emery Companies, Inc., doing business as MM Construction General Manager or CEO 232 Cobblestone Drive Antioch, CA 94508 | am readily familiar with the firm's practice for collection and processing of documents for mailing. Underthat practice,it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepald, In the ordinary course of husiness. | am awara 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: $ 95.50 1 declare under penalty ofperjury under the laws of the United States of America and the Statc of California that the foregoing is true and correct and that this declaration was executed on 02/26/2018 at Los Angeles, California. One Legal - 194-Marin 504 Redwood Blvd #223 i Jorien ey) Bore Novato, CA 84947 Venus Boone oL# 11730605 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I am over the age of 18 years and not a party to the within entitled action. I am employed at Mary Alexander & Associates, P.C., 44 Montgomery Street, Suite 1303, San Francisco, California 94104. On March 8, 2018,I served the within PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE REGARDING SERVICE OF DEFENDANT EMERY COMPANIES, INC. on the following persons: XI BY ELECTRONIC MAIL: Based on a court order or an agreement ofthe parties to accept electronic service, I caused the document to be served electronically through One Legalin portable document format (“PDF”) Adobe Acrobat Thomas J. Lincoln, Esq. Jordan T. Nager, Esq. Lincoln, Gustafson & Cercos, LLP 550 West “C” Street, Suite 1400 San Diego, CA 92101 Telephone: (619) 233-1150 Facsimile: (619) 233-6949 tlincoln@lgclawoffice.com jnager@lgclawoffice.com Attorneysfor Defendant Dolce & Gabbana USA, Inc. Lori R. Mayfield, Esq. Law Office ofMatthew G. Salazar 2251 Harvard Street, Suite 100 Sacramento, CA 95815 Telephone: (916) 233-1150 Facsimile: (855) 214-7884 mayfiell @nationwide.com Attorneysfor Defendant Geary-Grant, LLC I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct and thatthis declaration wasiexecuted on March 8, 2018, at San Francisco, California. rr JANET WILLIAMS i PROOF OF SERVICE