Response_to_order_to_show_causeResponseCal. Super. - 1st Dist.March 12, 201910 11 12 14 15 16 17 18 19 20 21 23 24 25 26 27 28 Stimmel, Stimmel & Smith, PC Steven R. Roeser (SBN 229348) Ronak Patel (SBN 296936) 48 Gold Street, Second Floor San Francisco, CA 94133 (415) 392-2018 Attorney for Defendant, SURF CANYON INCORPORATED DBA RANK DYNAMICS SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO COLLECTION MEDIA COLLECT Case No.: CGC-19-574470 AGENCY, LTD., RESPONSE TO ORDER TO SHOW Plaintiff, CAUSE FOR FAILURE TO BRING CROSS-COMPLAINT AT ISSUE VS. SURF CANYON INCORPORATED, A CORPORATION DBA RANK DYNAMICS, et al. Defendant. Defendant and Cross-Complainant Surf Canyon Incorporated dba Rank Dynamics, by and through their counsel, hereby respond to the Court’s Order to Show Cause issued on October 28, 2019 for failure to bring the Cross-Complaint at issue. Defendant has been diligently been working to serve cross-defendant Whitesmoke Software LTD, which is an Israeli corporation. As outlined in the attached declaration, serving an Israeli entity is subject to the Hague Service Convention, which my take months to complete. However, cross-complainant has been recently notified that cross-defendant Whitesmoke Software LTD has been served, and proof of service will be filed with the Court immediately. Given the circumstances of serving cross-defendant Whitesmoke Software LTD, Defendant and Cross-Complainant Surf Canyon Incorporated dba Rank Dynamics respectfully requests the 10 12 13 14 15 Court not to issue sanctions against them. Dated: November 7, 2019 Respectfully submitted, (ord RL Ronak Patel #229348 Stimmel, Stimmel & Smith, PC 48 Gold Street, Second Floor San Francisco, CA 94104 (415) 392-2018 ATTORNEYS FOR DEFENDANT, Surf Canyon Incorporated dba Rank Dynamics ro 10 11 12 13 14 15 44) 28 Stimmel, Stimmel & Smith, PC Steven R. Roeser (SBN 229348) Ronak Patel (SBN 296936) 48 Gold Street, Second Floor San Francisco, CA 94133 (415) 392-2018 Attorney for Defendant, SURF CANYON INCORPORATED DBA RANK DYNAMICS SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO COLLECTION MEDIA COLLECT Case No.: CGC-19-574470 AGENCY, LTD., DECLARATION OF RONAK PATEL IN Plaintiff, SUPPORT OF RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO BRING . CROSS-COMPLAINT AT ISSUE SURF CANYON INCORPORATED, A CORPORATION DBA RANK DYNAMICS, et al. Defendant. [, RONAK PATEL, ESQ., declare as follows: 1. Tam an associate attorney at Stimmel, Stimmel & Smith, PC. I have personal knowledge of the facts set forth in this declaration, and if called I would and could testify competently to the foregoing: 2. Cross-defendant Whitesmoke Software LTD, is an Israeli corporation. Israel is part of the Hague Convention, meaning that service of process of legal documents must go through the central authority in Israel before service can be executed to any person or entity residing in Israel. 3. Our office hired Process Service Network, which has experience serving legal documents to foreign entities such as Whitesmoke Software, LTD. We were informed by Process Service Network that formal service through the Hague Convention in Israel could take approximately 10 1 12 13 14 15 16 17 18 20 21 22 23 24 25 26 2 28 four months. Please see attached hereto as Exhibit A, a true and correct copy of an email correspondence with Process Service Network on June 14, 2019. 4. We have diligently worked with Process Service Network to provide all documents and information needed so that service can be completed promptly in accordance to the Hague Convention and Israel law. Unfortunately due to the nature of the process, the service takes some time and it is out of our control. 5. Recently we received notice that the service was completed. Please see attached hereto as Exhibit B a true and correct copy of the proof of service on cross-defendant Whitesmoke Software LTD. We intend to file to the proof of service with the court immediately. [ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 7 , 2019 in San Francisco, California. (Bout Dt Ronak Patel EXHIBIT A e £5 ™M | | Ronak Patel byl AX syle FW: Service on Israel Entity 19 messages Julie Tue, Jul 2, 2019 at 12:54 PM To: Ronak Patel , Ronak Patel Translation is not required. Therefore, the fees below are exact. Formal/Hague service: USD$895.00 From: Julie Sent: Friday, June 14, 2019 11:29 AM To: 'Ronak Patel" Subject: RE: Service on Israel Entity Importance: High Hello Ronak, Hague services in Israel take approximately 4 months. Thank you, Julie Perez Manager of Client Services Process Service Network, LLC 21218 Merridy Street Chatsworth, CA 91311 USA 800-417-7623 www.processneti.com Serving the legal profession since 1978 Offices in major cities throughout the world Specializing in international and hard-to-serve cases EXHIBIT B LOWNT "na nmin Slanali 31a) COURTS ADMINISTRATION Legal Assistance to Foreign Countries MN MP TRY YOY NpSnnn Date: 24/09/19 our ref: 1/727/19 Reverse of the request CERTIFICATE The undersigned authority, upon authorization from the Director of Courts, has the honor to certify, in conformity with Article 6 of the Convention, 1) That the documents directed to WHITESMOKE SOF WARE LTD have been served © The 20/08/19 © At 20 Raul Whallenberg Street, 6971916 Tel Aviv, Israel. a) In accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*, The documents referred to in the request have been delivered to: °® Identity and description of person: The Addressee himself. © In conformity with the second paragraph of Article 12 of the Convention, the applicant is requested to pay or reimburse the expenses detailed in the attached statement. Annexes Done in Jerusalem, the A Signature and/or stamp er arak Las docthe a ee me The Legal sHA TBs Aéhmalistration of Courts | Juhi 9546436 DYW1 22 0>IW1 913 'nNY Kanfey Nesharim st. 22 «Jerusalem. 9546436. Israel 02-6556887 : :0PD 02-6556919 : Su E-mail: Foreign. Countries @court.gov. il NITY Marty - LOWMT *Na NYE ADMINISTRATION OF COURTS Legal Assistance to Foreign Countries MN MPT YOY Npdnnn Date: 24/09/19 File: 1-727/19 Your ref: CGC-CGC-19-574470 To: Clerk of the Court San Francisco County Superior Court 400 McAllister Street San Francisco, CA 94102 USA Dear Sir/Madam, Subject: Request for Service of Documents Your request for service of documents upon WHITESMOKE SOFWARE LTD has been executed. Please find attached the certificate. Please forward the attached documents to the proper authorities. Sincerely, Sapir Dromi Legal Assistance to Foreign Countries Jerusalem, Israel Tel: 02-6556919,Cax: 02-6556887 9546436 0°51 22 07IW1 °d10 ‘mY Kanfey Nesharim st. 22, Jerusalem, 9546436, Israel 02-6556887 :0pD 02-6556919 .'5p E-mail: F. oreign. Countries @court.gov.il SRY MadTy - NM RD LDN ONY WT TY ' INTY? NPTIN +2Y/9 VAYNH PNA NYMIN = 900 NMN PON 171 Co SY po venemagbRT 0 EF, em eS BEV a3 093 NN INIT MPTEY >vow 23 | = - SS LL n YY 33 | Foren Counties So JOVI 95864 2 0wraymy 4 Sa : i amon NG 02-5556887 T0755 07-8 zg i = SF TOPE 07-8556919 op xe ; 74-03-2019 | 0 5% wan NE ER 1 9web Nn movd [7 1 = &;.- 1 "CEIVED &y « ; : 3 2 Mow Ce ——— TY a \WhitesMok e seftvare Mp - (A 3491 6 rl Ge In 3 20 Loyd) ne oD V0 maa NID) KD WIRY [7] 2n Dv nd anna TINNY PRN MN (193) nea ay wnn yl] fee I NSD) NI WN) [] 990 Dv wn? nxa ™ ims se mp) ey Ca ii) Ri 10495535010 Mn. own ee Ct II NYP ND WIN [T] 20 DY nd ona T° 20/08/2018 1" WILL oon aye or wn my B DWN NDNA NYIVNI NUN PY - NIUH RY OX " ¢ (0 AMT ON92 NAN vIn own prvi J vin xe J 2 82 nmnon a apy wo [J IW 18 NAY INIDY OY Mm, Ur) el NN Ty 22¥2 Pas ni mT NS won [J] ANT NPT BY anon apa 0 mMNN No 9 Ms [7] ie Io ‘ I0WN] MT DY = cbse WAST | pen morn TWIN Ran MTN ow TID began gies = =o] (2.08) 72.000 n7¥1 ‘MY PN qov 45,212113 (Mw AMAR) 171 090 12 .1 8 mmm 4 7S 955350IL ; Collect Media Collect Agency, Ltd. vs. Swi. Canyon Incorporated, et al. RC104 bY Case No. CGC-CGC-19-574470 n ON # A “ \ REQUEST CR FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL POAT : & NN A Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or \ at”! Commercial Matters, signed at The Hague, the 15th of November 1965. Ne & 0 Identity and address of the applicant Address of receiving authority N Administration of Courts Clerk of the Court } Legal Assistance to Foreign Countries San Francisco County Superior Court 22 Kanfei Nesharin St. 400 McAllister Street Jerusalem 95464 San Francisco, CA 94102 USA Israel The undersigned applicant has the honour to transmit - in duplicate - the documents listed below and, in conformity with Article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e, (identity and address): WHITESMOKE SOFTWARE LTD., AN ISRAELI CORPORATION 7 = Raul Whallenberg 20 3Y FAX Tel Aviv, Israel 6971916 ONE LEGALUC Tel.: (972) 637-6800 [X] a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*. [ ]b)in accordance with the following particular method (sub-paragraph (b) of the first paragraph of Article 5)*: [ ] c) by delivery to the addressee, if he accepts it voluntarily (second paragraph of Article 5)*. The authority is requested to return or to have returned to the applicant a copy of the documents - and of the annexes* - with a certificate as provided on the reverse side. Service is requested pursuant to California Code of Civil Procedure, Section 416.10, and the Hague Service Convention List of documents: Summons-Cross-Complaint; Surf Canyon Incorporated’s Cross-Complaint a FHHEHAEL YUEN CLERK OF THE COURT * Delete if inappropriate. USM-9%4 Collezt Media Collect Agency, Ltd. vs. Surr Canyon Incorporated, et al. Case No. CGC-CGC-19-574470 Certificate The undersigned authority has the honor to certify, in conformity with article 6 of the Convention, 1) that the document has been served* the (date) at (place, street, number) —in one of the following methods authorized by article 5— (a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of article 5 of the Convention* (b) in accordance with the following particular method*: (c) by delivery to the addressee, who accepted it voluntarily* The documents referred to in the request have been delivered to: — (identity and description of person) ~ relationship to addressee (family, business or other): 2) that the document has not been served, by reason of the following facts*: In conformity with the second paragraph of article 12 of the Convention, the applicant is required to pay or reimburse the expenses detailed in the attached statement.* Annexes Documents returned: Done at: the In appropriate cases, documents establishing the service: Signature and/or stamp. *delete if inappropriate. USM-%4 Collect Media Collect Agency, Ltd. vs. Surr Canyon Incorporated, et al. Case No, CGC-CGC-19-574470 SUMMARY OF THE DOCUMENT TO BE SERVED Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at The Hague, the 15th of November 1965. (Article 5, fourth paragraph) Name and address of the requesting authority: Clerk of the Court San Francisco County Superior Court 400 McAllister Street San Francisco, CA 84102 USA Particulars of the parties*: Identity and address of the party interested in the transmission: WHITESMOKE SOFTWARE LTD., Steven R. Roeser (Attorney for Cross-Complainant) AN ISRAELI CORPORATION 48 Gold Street, 27d Floor Raul Whallenberg 20 San Francisco, CA 94133 USA Tel Aviv, Israel 6971916 Tel.: (972) 637-6800 JUDICIAL DOCUMENT#** Nature and purpose of the document: To give notice to the Cross-Defendant of the commencement of a civil claim for punitive damages, monetary damages, and to summons it to serve written defenses to the claim. Nature and purpose of the proceedings and, where appropriate, the amount in dispute: Civil claim for determination of issues as stated in the documents to be determined by the Court of original jurisdiction. Date and place for entering appearance**: Not applicable (N/A) Court which has given judgment**; Not applicable (N/A) Date of judgment**: Not applicable (N/A) Time-limits stated in the document*®*: Cross-Defendant must file a written response with the Clerk of the Court and serve a copy of the response upon Cross-Complainant within 30 calendar days after the Summons-Cross-Complaint is served on Cross-Defendant. EXTRAJUDICIAL DOCUMENT** Nature and purpose of the document: Not applicable (N/A) Time-limits stated in the document**: Not applicable (N/A) * If appropriate, identity and address of the person interested in the transmission of the document. *#* Delete if inappropriate. USM-9%4
