declaration in support or order permitting service by publication

Cal. Super. - 1st Dist.April 13, 2021

1 2 3 4 5 6 7 I I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \- Reese Law Group, APG Harlan M. Reese - Bar #1 18226 Jos-eph M. Pleasant - Bar #179571 James, E, .Delaney . Bar #292600 Tristan Espinosa - Bar #312481 13168 Lionshead Ave Carlsbad CA 92010 760/842-s850 Attorneys for Plaintiff, Wells Fargo Bank, N.A. SUPERIOR COURT OF CALIFORNiA, COUNTY OF SAN FRANCISCO SAN FRANCISCO DISTRICT Wells Fargo Bank, N.A. Plaintitf, V. MIKITA PIATROVIC},I DECLARATION IN SUPPORT OF ORDER PERMTTTING SERVICE BY PUBLICATION Defendants, l, Loncz g, 8.:, h., dectare as follows; 1. I am a.qualified Witness forrWellb Fargo Bank, N.A. ( "Wells Fargo"), the Plaintitf in tho action herein.pending. I am famiiiar with the facts contained in this declaration and if called as a withess to testify, I could.and would do so competenfly. 2. As pait of riy duties, I am responsible for monitoring the legal process for various accounts, researching and reviewing Wells Fargo business records foi the purposes of litigation. ln addition to the above duties, I research specific account issues including but not limited to an account being opened, disputes with respect to the account, charges made Case No. CGC.19-573679 DECLARATION Case No. CGC-19-5736791 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 09/23/2019 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk 1 2 3 4 5 6 'and payments received. Gonsistent with these duties, I am familiir witfr the usage and record keeping systems for Wells Fargo. I 3. As part of my duties as a qualified witness, I have reviewed the account of Defendant MlKlrA PlATRovlcH , which is,the subject of this lawsuit. 4. Deferndant.applied for and was issued a Wells Fargo account, which was opened with Plaintiff on or about February 10,2017. 5. ln e.xchange for making charges on the account, Defendant agreed to repay the principal amount plus any applicable interest and finance charges thereon. 6' Defendant accepted the customer agredment by using the subject'account. Defendant charged goods and seruices to this account with Plaintiff and thereby incurred a balance for said charges along.with interest which was,stated on the monthly billing statements, ' , 7'. Plajntitf initiated suit for Corhmon Counts and Breach"of lmplied Contract against this Defendanti however, Plaintiff has been unable to serve Defendant with the SUmmons and Complaint ; 8. Plaintiff is required to locate the.defendant for service,of process, plaintiff is.trained in skip tracing and has varjous tools at its disposal for that purpose, plaintiff therefore, perfofmed skip tracing to locate fhe defendant for service of process. 9. The law firm Reese Law Group who is the attorney of record for plaintiff is handling this case for Wells Fargo has in aodiiion to the other se.arches set up,a search of.national changes of address to.be done r:egularly every month (NCOA). NCOA searches all the address changes filed with the United'stdtes Post Offices. NCOA has not returned a new address for the defendant giving reason to believe the address at '1310 TURi ST ApT S07 7 I I 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 DECLARATION 2 Gase No. CGC-19-573629 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 b 7 B I SAN FRANCISCO CA 94115-4748 is correct. Attached herdto as Exhibit A is a true and correct copy of the postal searchesl 10. Based on all of these inquiries, the last known address for defendant MIKITA PIATROVICH was 1310 TURK sr APT 507 sAN FRANctsco cA g411s-4748. Accordingly, Plaintiff, through their attorney, instructed their process server to attempt service at'this address. Upon attempted service at 1310 TURK ST APT 507 SAN FRANCISCO CA 94115, thore was no ahswer at the door despite numerous attempts. The diligence statements are attached hereto as Exhibit B. 1 1. Plaintiff has used due diligence and its best efforts to locate and serve the defendant, but has been unsuccessful, The only alternative at.this point is to serve the defendant by publication, as defendbnt is a necessary party to this action. I declare under penalty of perjury for the State of California that the foregoing is true 08 loq /)ot^ , at West Des Moines, n 6z''/"q Representative, Decla rant Wells' Fargo Bank, N.A. and correct. Executed on, lowa. DECLARATION Case No. CGC-19-5736793 Postmssler SAN trRANCISCO CA 94LI5-4748 Dale Arrril.22,2019 I .. - Cify, Slate, Zip Cocie REQUEST FOR CHANG€ OF ADDRESS OR BOXHOLDen.rnrOnMnrtoN NEEDED TbR.SENVICP OF LEGAL PRbCESS Please furnish'the,new address'or the name,and,street,address (if a boxholder) forthe following: Name: PIA ili. AddrESS: ,I3 IO TTJRK ST APT 507 'Note: Only one request fray be made per completed form,'The ndme and last knowh address are required for 'chatrge of address ihformation. The name, if,kriown, and Post Office box address are required for boxholddi ,..1i:ji The following information is provided in accordance with 39 cFR_265.i4(d)(S)(ii), There is no fe6 fo.qpovidino boxholder or change ol addressrinformatlon, 'i,i:. 1. Capacity of requesler (e.g.,,prbcess servor,.attorney,..party represeriling self: Attolney. .,ft 2. Stalute or regulation'lhat empciwers me to,serye acting pro se - exiepl a corpoiatlon,acting iiro process (not required,"n"n ,*nu""r'U, O "n "Urni"[*ffise mu$t cite statule): ,.o,ri 3, The.names ofi:ll kniwn'partlls tb lhe litigatiorilr . Weili Farso Bank- N; v Ii