declaration of susan m benson in opposition to order to show cause reCal. Super. - 1st Dist.June 1, 20201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BENSON LEGAL, APC Susan M. Benson, Esq. (State Bar No. 146837) 8550 Balboa Blvd., Suite 290 Northridge, CA 91325 (818) 708-1250 File No. BF9534 (SPACE BELOW FOR FILING STAMP ONLY) ATTORNEY FOR PLAINTIFF Mid Century Insurance SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO MID CENTURY INSURANCE, Plaintiff, vs. JESUS FERNANDO GONZALEZ DBA FERNANDO ENTERPRISES ; DOES I through V inclusive Defendants. ) ) CASE NO: CGC-18-572371 ) ) DECLARATION OF SUSAN M. BENSON ) IN OPPOSITION TO ORDER TO SHOW ) CAUSE RE F AlLURE TO FILE PROOF OF ) SERVICE, OBTAIN ANSWER, OR ENTER ) DEFAULT AGAINST DEFENDANT ) ) Date: January 14 2020 ) Time: 10:30 a.m. ) Dept: 610 ) 19 I, Susan M. Benson state and declare as follows: 20 21 22 23 24 25 26 27 28 1. I am an attorney at law duly licensed to practice law before all of the courts in the State of California. I am the managing attorney at Benson Legal, APC, attorneys for Plaintiff in the within matter. I make this declaration regarding the Court's Order to Show Cause Re Failure to File Proof of Service, Obtain Answer, or Enter Default against Defendant. All of the facts set forth herein are within my personal knowledge and if I were called to testify regarding these matters, I could and would competently do so. DECLARATION REORDER TO SHOW CAUSE ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 12/30/2019 Clerk of the Court BY: ERNALYN BURA Deputy Clerk 1 2. The lawsuit was filed on December 27, 2018. The Amendment to Complaint was filed 2 September 4, 2019. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. On November 14,2019, the Defendant was served via substituted service. 4. Plaintiff awaits Defendant 's response to the lawsuit. 5. I respectfully request that the court not issue sanctions because we have served the Defendant. Plaintiff anticipates having the Proof of Service filed with the Court shortly. Should Defendant not answer the lawsuit shortly, we will proceed with default. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 30lli day of December, 20 lc , ~ SMB/ji Susan M. Benson / 2 DECLARATION REORDER TO SHOW CAUSE -------- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 1 9 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES. I am employed in the county of Los Angeles, State of California. I am over the age of 18 and no a party to the within action; my business address is 8550 Balboa Blvd. , Suite 290, Northridge, CA 91325. On 12/30119, I served the foregoing document(s) described as DECLARATION OF SUSAN M. BENSON on the interested parties in this action by placing true copies therefore enclosed in sealed envelopes addressed as follows: [8;) JESUS FERNANDO GONZALEZ DBA FERNANDO ENTERPRISES 23511 WRIGHT DRIVE HAYWARD, CA 94541 [8;) BY MAIL [8;] I deposited such envelope(s), with postage thereon fully prepaid, in the mail at Northridge. [8;] I am "readily familiar" with the firm's practice of collection and processing of the correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Northridge, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date of postage meter date is more than one day after date of deposit for mailing in affidavit. D I delivered such envelope(s), by hand to the office of the addressee(s) . D I caused such copies to be facsimiled to the persons set forth. D Executed on 12/30119, at NORTHRIDGE, California. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose di ct1 n the service was made.
