declaration of jessica dewitt in support of ex parte application for o

Cal. Super. - 1st Dist.December 22, 2020

1 2 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 1 Declaration of Jessica DeWitt in Support of Ex Parte Application B R A D Y L A W G R O U P 10 15 Ir w in S tre et Sa n Ra fa el l, C A 9 49 01 41 5. 45 9. 73 00 p ho ne • 4 15 .4 59 .7 30 3 fa x STEVEN J. BRADY, ESQ. (State Bar No. 116651) JESSICA DEWITT, ESQ. (State Bar No. 311996) BRADY LAW GROUP 1015 Irwin Street, Suite A San Rafael, CA 94901 Phone: 415.459.7300 Fax: 415.459.7303 Email: mail@bradylawgroup.com Attorney for Plaintiff, EVERETT PENA SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO EVERETT PENA, Plaintiff, vs. ELITE ELECTRIC, INC., WILLIAM MAURICIO RENDEROS and DOES 1-25, Inclusive, Defendants. Case No.: CGC-19-577669 DECLARATION OF JESSICA DEWITT IN SUPPORT OF EX PARTE APPLICATION FOR ORDER PERMITTING SERVICE OF SUMMONS BY PUBLICATION The Honorable Judge Garrett L. Wong Dept. 206 Complaint filed: July 16, 2019 I, Jessica DeWitt, declare: 1. I am an associate attorney at the Brady Law Group, which represents Plaintiff, Everett Pena in his action for personal injuries sustained in a vehicular incident which occurred on July 20, 2017. 2. The subject complaint was filed on or about July 16, 2019. Defendant Elite Electric has appeared in this action. 3. Attached hereto at Exhibit 1 is a copy of Mr. Renderos’ driver’s license as photographed by Ms. Pena at the time of the subject incident. It reflects Mr. Renderos’ address as 3101 21st Street, Apt. 106, San Francisco, CA 94110. ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 04/29/2020 Clerk of the Court BY: ERNALYN BURA Deputy Clerk 1 2 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 2 ______________________________________________________________________________________________J Declaration of Jessica DeWitt in Support of Ex Parte Application for Order Permitting Service by Publication on Defendant Renderos B R A D Y L A W G R O U P 10 15 Ir w in S tre et Sa n Ra fa el l, C A 9 49 01 41 5. 45 9. 73 00 p ho ne • 4 15 .4 59 .7 30 3 fa x 4. We solicited the services of One Legal to execute personal service of the Summons and Complaint on Mr. Renderos at the address recited on his driver’s license. Attached hereto as Exhibit 2 is a Non-Service Report by One Legal relating to its attempts to personally serve Mr. Renderos. 5. Because the non-service reports indicated that Mr. Renderos was not listed on the call box at the apartment complex, we then retained a private investigator, Ron Bender, to locate Mr. Renderos for service. Attached hereto as Exhibit 3 is the report from Mr. Bender confirming that the prior address of 3101 21st Street, Apt. 106, San Francisco, CA 94110 is the most current address for Mr. Renderos. 6. This office then mailed a copy of the Summons and Complaint, along with a Notice and Acknowledgement of Receipt, to Mr. Renderos at the known address of 3101 21st Street, Apt. 106, San Francisco, CA 94110 on or about March 23, 2020. 7. Attached hereto at Exhibit 4 is a copy of the Domestic Return Receipt for the mailing sent to Mr. Renderos signed by “Delia Renderos” on March 25, 2020, and received by Plaintiff’s counsel on March 27, 2020. 8. Plaintiff’s counsel has not received a signed Notice and Acknowledgement from Mr. Renderos. Plaintiff’s counsel has not been contacted by Mr. Renderos. 9. Our office inquired of counsel for defendant Elite Electric, Inc. whether they would accept service on behalf of Mr. Renderos. We were apprised by said counsel that they were unable to reach Mr. Renderos to obtain his permission to accept service on his behalf. They advised us to serve Mr. Renderos by publication. 10. On April 28, 2020, this office mailed a copy of this Application, the accompanying Declaration, and Proposed Order to Mr. Renderos at the only known address of 3101 21st Street, Apt. 106, San Francisco, CA 94110. A copy of all documents surrounding this submission was sent via email to counsel for Defendant Elite Electric, Inc. at Jeffrey.Wilson01@LibertyMutual.com. 1 2 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 ______________________________________________________________________________________________J Declaration of Jessica DeWitt in Support of Ex Parte Application for Order Permitting Service by Publication on Defendant Renderos B R A D Y L A W G R O U P 10 15 Ir w in S tre et Sa n Ra fa el l, C A 9 49 01 41 5. 45 9. 73 00 p ho ne • 4 15 .4 59 .7 30 3 fa x I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Dated this 28th day of April 2020 in San Rafael, California. ___________________________ Jessica DeWitt EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 1 P.I.16723 Responsive, Accurate & Confidential www.benderslrs.com ron@benderslrs.com Office: 408-275-6078 / Cell: 408-402-1720 / E-fax: 408-273-6087 Contra Costa County Corporate Office Santa Clara County Office 3855 Cottonwood Dr. 1625 The Alameda, Suite 511 Danville, CA 94506 San Jose, CA 95126 07/31/19 Brady Law Group 1015 Irwin Street San Rafael, CA 94901 415-459-7300 o / 415-459-7303 f Attention: Jaime Atchison From: Ron Bender Re: Locate William Renderos #5209 / E Pena Cost: $75.00 The following report is a privilege report under the attorney work product doctrine pursuant to code of Civil Procedure §2018.030. The records were prepared by the personnel of LRS Investigations in the ordinary course of business at or near the time of the act, condition, or event. Preface This Investigation was conducted using sources of Public & Proprietary information on a nationwide basis matching all available records naming the subject of this investigation. Our results in this report are those records found within specific Counties Cities or States in which the subject resided and or conducted business in. Limitations Our investigations are limited by the quality and timeliness of the information in the databases searched. Not all databases are current as of the search date, as the databases are updated at the sole discretion of the City, County State or Federal agencies that maintain this data. More than one databases are searched to be able to obtain the most current and reliable information available. The Search for People offers a wide range of search combinations to find individuals. The search results include Names, Aliases, Maiden Names and other Names observed SSN, including state and year of issuance Other People associated with the same SSN Other SSNs this subject may have used Date of Birth and other DOBs the individual may have used Coverage: Nationwide Subject Information: Name: WILLIAM MAURICIO RENDEROS DOB:2/6/1993 Age: 26 SSN: 624-62-xxxx issued in California between 2/2/1993 and 6/1/1993 Most Current address per all reports 3101 21ST ST APT 106, SAN FRANCISCO, CA 94110-2588, SAN FRANCISCO COUNTY (Mar 2012 - Jul 2019) Utility Locator - Connect Date: 2/24/2016 2 Name Associated with Address: WILLIAM M RENDEROS Neighborhood Profile (2010 Census) Average Age: 35 Median Household Income: $63,345 Median Owner Occupied Home Value: $946,646 Average Years of Education: 14 Advanced Search - Phones: Records were found The Advanced Search for Phones offers the following search options: 411 + Reverse lookup Contains listed phone numbers PLUS unlisted numbers, cell phone numbers, Voice over IP numbers and historical data. Search with just a phone number to access our gateways to additional data sources. Coverage: Nationwide 415-571-4685 - CELL Advanced Search - Emails: Records were found The Advanced Search for Emails offers the possibility to search with an individual’s name, location information, or an Email Address, even an IP Address. Results contain the Email Address, the Name and Address of the individual associated with that email address, and Possible IP Addresses used in connection with that email address. For each record found, there is an option to Check Social Networks with that email address. Coverage: Nationwide WILL900@GMAIL.COM WILLRENDEROS@GMAIL.COM WILL900@ME.COM WILL900@YAHOO.COM Utility Information: Utility Type Convenience: Paging, Long distance phone, Local phone, PCS, Cellular phone, Line leasing, Internet, Satellite, Cable TV Service, Cable Equipment, Bundled Dates Associated with Utility Date service connected - 5/31/2018 Date First Verified - 5/31/2018 Date Last Verified - 4/18/2019 Name Associated with Utility MR WILLIAM M RENDEROS Service Address 3101 21ST ST APT 106, SAN FRANCISCO, CA 94110-2588, SAN FRANCISCO COUNTY Billing Information Associated with Address 3101 21ST ST APT 106, SAN FRANCISCO, CA 94110-2588, SAN FRANCISCO COUNTY Phone Information Service Phone Number: 415-571-4685 Current Employment, Employment History, Businesses owned or linked with: No records were found Search for US Corporations: No records were found The Search for US Corporations offers information from the Secretary of State records. The results will show information such as the entity's name and address, FEIN number, corporate officers and directors, and more details regarding the filing with the state divisions of corporations. If there is even more information available for this entity, we are able to run a Comprehensive Business Report. Coverage: Nationwide 3 CA Fictitious Business Names / Nationwide Assumed Business names: No records were found These filings are recorded at the county recorder's office and must be renewed every five years. The results will display Filing Number, Filing Date, Business Name, Owner Name, Address, and County when available. Coverage: Nationwide Professional License(s): No records were found Professional Licenses The results show information provided by the states and generally include Name, Address, Business Name (where applicable), License Type and Number, License State, Issue Date and Expiration Date. Due to the large volume of types of professional licenses created by the inconsistency of titles between states, a complete listing of all professional license types is not available. Coverage: Licenses from all 50 states plus DC, Guam, Puerto Rico, and the US Virgin Islands are included I recommend the following Alternative service may be needed on this serve. I suggest a National Change of Address (NCA) postal forwarding request to past and present addresses to see if mail is received or there is a forwarding address. I can then give a declaration in support of alternative service or service by publication. This may be accomplished at an additional cost. Please contact us at our office if you wish this additional service. Service by Court Order CCP § 413.30; FRCivP § 4(n) The Court may order an alternative manner of service reasonably likely to give the defendant notice of the action. CCP § 413.30 There is no specific manner of service stated in the law and would depend on the specific facts of the case. For instance, the defendant is a recluse and never opens the door or answers the phone, and does not leave for work, etc., the court could order that service be made by posting the documents on the door and mailed. The court should be provided a declaration stating the efforts made to serve the defendant, and information that would verify that the defendant lived and or received mail there and would likely receive notice of the lawsuit. This may be a more appropriate manner of service than publication because the defendant is not likely to receive notice of the suit by reading the legal notice in one of several newspapers in the county. The federal courts have the authority to authorize an alternative manner of service. FRCivP § 4(n) In Rio Properties, Inc. v. Rio International Interlink 284 F3r §1007 (9th Circuit 2002), the US Court of Appeals validated a service on a defendant via e-mail. The case involved a defendant that failed to respond to the lawsuit or repeated discovery requests, and avoided all traditional methods of service. The court ordered service by e-mail because it was the only likely method of service that could reach the defendant After 15 days from the day the order is placed, the NCA search is completed as No Record Found and the order is closed. About NCA Search -change of address How does NCA Search work? For each order, NCA Search mails a postcard via USPS First Class mail. We mail postcards in bulk Monday-Friday which provides same business day access to forwarding addresses from the USPS National Change of Address (NCOA) and Proprietary Change of Address (PCOA) databases. Once the postcard is mailed, we again request a forwarding address and any carrier-based knowledge of the address via the USPS ACS system. What are NCOA, PCOA and ACS? NCOA is the USPS National Change of Address database. It consists of 160 million permanent Change of Address records for individuals, families and businesses in the United States, spanning a 48-month period. 4 PCOA stands for Proprietary Change of Address database. It consists of 25 million permanent Change of Address records for individuals only. It is a collective of private sources, such as credit card companies, mail order buyers and magazine publishers. These companies may receive change of address notifications that are not reported to USPS. ACS is the USPS post-mailing, mail forwarding system. With this system, First Class mail is forwarded by scanning and searching the name and address against 18 months of NCOA. This system also gives access to move data not found in NCOA. Via ACS, carriers can report back vacant addresses, personal knowledge of moves and other reasons why a mail piece cannot be delivered as addressed. This system can also report back temporary moves and foreign addresses, where NCOA cannot. What is the turnaround time for order results? Orders must be placed by 1:00 PM EST (M-F) to receive pre-mailing search results the same day. Orders are typically updated with pre-mailing results by 1:30 PM EST (M-F). Orders are not processed over the weekend. Forwarding addresses discovered via ACS are typically returned by 10:00 AM two days after the order was placed. Carrier feedback, such as "vacant" or "does not reside" are typically returned 5-10 days after the order was placed. If no ACS record is returned after 15 days from the day the order is placed, the ACS search is completed as No Record Found and the order is closed. Why is a postcard mailed and what is on the postcard? A postcard is mailed to be compliant with postal regulations. The artwork on the postcard is a positive social message, such as adopt a kitten or puppy or awareness of the harmful effects of street drugs. Are there places from where a forwarding address cannot be provided? Yes. USPS does not accept and therefore cannot provide Change of Address information for colleges/universities, military bases, individuals within a business, and other single point deliveries, including but not limited to Commercial Mailbox Receiving Agencies (CMRA), prisons, hospitals, nursing homes, fraternity/sorority houses and APO/FPO EXHIBIT 4 1 CERTIFICATE OF SERVICE 1 2 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 B R A D Y L A W G R O U P 1 0 1 5 I r w in S t r e e t , S a n R a f a e l , C A 9 4 9 0 1 4 1 5 .4 5 9 .7 3 0 0 p h o n e • 4 1 5 .4 5 9 .7 3 0 3 f a x Pena vs. Elite Electric, Inc., San Francisco County Superior Court Case No. CGC-19-577669 CERTIFICATE OF SERVICE I, the undersigned, certify and declare as follows: I am over the age of 18 years and not a party to this action. My business address is 1015 Irwin Street, San Rafael, CA 94901, which is located in the county where the mailing described below took place. On the date set forth below, I served the following documents: DECLARATION OF JESSICA DEWITT IN SUPPORT OF EX PARTE APPLICATION FOR ORDER PERMITTING SERVICE OF SUMMONS BY PUBLICATION on all interested parties to said action by the following means: [ ] BY MAIL by placing a true copy thereof, enclosed in a sealed envelope with postage thereon, fully prepaid for collection and mailing on that date following ordinary business practices of the United States Postal Service at the Brady Law Group, 1015 Irwin Street, San Rafael, CA 94901, to the address(es) shown below. I am readily familiar with the business practices at my place of business for collection and processing of correspondence for mailing with the United States Postal Service and in the ordinary course of business, correspondence would be deposited with the Unites States Postal Service the same date it was placed for collection and processing. [ ] BY HAND DELIVERY by placing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the address(es) shown below. [X] BY E-MAIL or ELECTRONIC TRANSMISSION by attaching a true copy thereof to an email to be sent to the address(es) listed below. [ ] BY OVERNIGHT DELIVERY by placing a true copy thereof, enclosed in a sealed envelope, with delivery charges to be billed to the Brady Law Group, to be delivered by express delivery to the address(es) shown below. [ ] BY FACSIMILE TRANSMISSION by transmitting a true copy thereof by facsimile transmission from facsimile number (415)459-7303 to the addressee(s) at the facsimile number(s) shown below. Jeffrey Wilson, Esq. Santana & Vierra 255 California Street, Suite 900 San Francisco, CA 94111 Phone: (415) 777-1308 Fax: (603) 430-0513 Jeffrey.Wilson01@LibertyMutual.com I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 28, 2020 in San Rafael, California. Jessica DeWitt