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HomeMy WebLinkAbout20251211_Proof of Service to LW Construction- City_City v SmithATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) MATTHEW R. SILVER | SBN: 245528 CIVICA LAW GROUP, APC 4000 Barranca Pkwy Ste 250 Irvine, CA 926041713 FOR COURT USE ONLY TELEPHONE NO.: (949) 592-0165 | FAX NO. | E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): PLAINTIFFS: SAN LUIS OBISPO COUNTY SUPERIOR COURT STREET ADDRESS: 1050 MONTEREY ST. MAILING ADDRESS: CITY AND ZIP CODE:SAN LUIS OBISPO, CA 93408 BRANCH NAME: PLAINTIFF:THE PEOPLE OF THE STATES OF CALIFORNIA, ET AL. DEFENDANT:LAUREL CREEK, LP, ET AL. CASE NUMBER: 25CV-0667 Ref. No. or File No.: SAN LUIS OBISPO V. SMITH POS-010 Hearing Date: Time: PROOF OF SERVICE OF SUMMONS (Separate proof of service is required for each party served.) 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies of: a.Summons b.Complaint c.Alternative Dispute Resolution (ADR) package d.Civil Case Cover Sheet (served in complex cases only) e.Cross-complaint f.other (specify documents): NOTICE OF ASSIGNMENT AND CASE MANAGEMENT CONFERENCE 3. a. Party served (specify name of party as shown on documents served): LW CONSTRUCTION, INC., A CALIFORNIA CORPORATION b.Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a): BONNIE T WOODS - AGENT FOR SERVICE - 4. Address where the party was served:2809 S Bradley Rd Santa Maria, CA 93455-2158 5. I served the party (check proper box) a.by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): (2) at (time): b.by substituted service. On (date): 11/15/2025 at (time): 1:08 PM I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3b): "JANE DOE" (REFUSED TO GIVE NAME) - CO-OCCUPANT Age: 50'S Race: CAUCASIAN Sex: Female Height: 5'8 Weight: 180 Hair: GRAY (1)(business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him of her of the general nature of the papers. (2)(home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (3)(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him of her of the general nature of the papers. (4)I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., §415.20). I mailed the documents on (date): from (city):or a declaration of mailing is attached. (5)I attach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2 Form Approved for Mandatory Use Judicial Council of California POS-010 [Rev. January 1, 2007] Code of Civil Procedure, § 417.10 POS010-1/45757 * 832952 * PROOF OF SERVICE OF SUMMONS ELECTRONICALLY FILED 12/11/2025 2:25 PM PETITIONER:THE PEOPLE OF THE STATES OF CALIFORNIA, ET AL. RESPONDENT:LAUREL CREEK, LP, ET AL. CASE NUMBER: 25CV-0667 c.by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date):(2) from (city): (3)with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.) (4)to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d.by other means (specify means of service and authorizing code section): Additional page describing service is attached. 6. The ''Notice to the Person Served'' (on the summons) was completed as follows: a.as an individual defendant. b.as the person sued under the fictitious name of (specify): c.as occupant. d.On behalf of (specify): LW CONSTRUCTION, INC., A CALIFORNIA CORPORATION under the following Code of Civil Procedure section:416.10 (corporation)415.95 (business organization, form unknown) 416.20 (defunct corporation)416.60 (minor) 416.30 (joint stock company/association)416.70 (ward or conservatee) 416.40 (association or partnership)416.90 (authorized person) 416.50 (public entity)415.46 (occupant) other: 7.Person who served papers a. Name: ADDISON WILCOX - ONE HOUR PROCESS SERVICE b. Address: 2920 CAMINO DIABLO WALNUT CREEK, CA 94597 c. Telephone number: (925) 947-3470 d.The fee for service was: $ 278.50 e. I am: (1)not a registered California process server. (2)exempt from registration under Business and Professions Code section 22350(b). (3)registered California process server: (i)owner employee independent contractor. (ii) Registration No.: 316 (iii) County: SANTA BARBARA 8.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9.I am a California sheriff or marshal and I certify that the foregoing is true and correct. Date: 11/18/2025 ONE HOUR PROCESS SERVICE 2920 CAMINO DIABLO WALNUT CREEK, CA 94597 (925) 947-3470 www.onehour.net ADDISON WILCOX (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)(SIGNATURE) PROOF OF SERVICE OF SUMMONSPOS-010 [Rev January 1, 2007]Page 2 of 2 POS-010/45757 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) MATTHEW R. SILVER | SBN: 245528 CIVICA LAW GROUP, APC 4000 Barranca Pkwy Ste 250 Irvine, CA 926041713 FOR COURT USE ONLY TELEPHONE NO.: (949) 592-0165 | FAX NO. | E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): PLAINTIFFS: SAN LUIS OBISPO COUNTY SUPERIOR COURT STREET ADDRESS: 1050 MONTEREY ST. MAILING ADDRESS: CITY AND ZIP CODE:SAN LUIS OBISPO, CA 93408 BRANCH NAME: PLAINTIFF/PETITIONER:THE PEOPLE OF THE STATES OF CALIFORNIA, ET AL. DEFENDANT/RESPONDENT:LAUREL CREEK, LP, ET AL. CASE NUMBER: 25CV-0667 Ref. No. or File No.:SAN LUIS OBISPO V. SMITHDECLARATION OF DILIGENCE I, ADDISON WILCOX , declare: I am a Registered Process Server and was retained to serve process in the above-referenced matter on the following person or entity: LW CONSTRUCTION, INC., A CALIFORNIA CORPORATION as follows: Documents: Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet (served in complex cases only); NOTICE OF ASSIGNMENT AND CASE MANAGEMENT CONFERENCE I attempted personal service on the following dates and times with the following results: Fee for Service: $ 278.50 County: SANTA BARBARA Registration No.: 316 ONE HOUR PROCESS SERVICE 2920 CAMINO DIABLO 100 WALNUT CREEK, CA 94597 (925) 947-3470 Signature: ADDISON WILCOX I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on November 18, 2025. AFFIDAVIT OF REASONABLE DILIGENCE Order#: 45757 Date Time Location Results 11/12/2025 2:17 PM Home NO ANSWER AT DOOR, QUIET PER PEST CONTROL WORKER. - ADDISON WILCOX 2809 S Bradley Rd, Santa Maria, CA 934552158 11/15/2025 1:07 PM Home I SPOKE TO A FEMALE OCCUPANT WHO STATED SUBJECT IS NOT HERE. - ADDISON WILCOX 2809 S Bradley Rd, Santa Maria, CA 934552158 11/15/2025 1:08 PM Home Substituted service on: LW CONSTRUCTION, INC., A CALIFORNIA CORPORATION; 2809 S Bradley Rd, Santa Maria, CA 93455-2158; by serving: "JANE DOE" (REFUSED TO GIVE NAME) - CO-OCCUPANT, CAUCASIAN Female 50'S 180 GRAY 5'8 . Attorney or Party without Attorney: MATTHEW R. SILVER, SBN: 245528 CIVICA LAW GROUP, APC 4000 Barranca Pkwy Ste 250 Irvine, CA 926041713 E-MAIL ADDRESS (Optional): TELEPHONE No.: (949) 592-0165 FAX No. (Optional): Attorney for: PLAINTIFFS Ref No. or File No.: SAN LUIS OBISPO V. SMITH FOR COURT USE ONLY Insert name of Court, and Judicial District and Branch Court: SAN LUIS OBISPO COUNTY SUPERIOR COURT - Plaintiff:THE PEOPLE OF THE STATES OF CALIFORNIA, ET AL. Defendant:LAUREL CREEK, LP, ET AL. CASE NUMBER: 25CV-0667 HEARING DATE:TIME:DEPT.: PROOF OF SERVICE BY MAIL PROOF OF SERVICE BY MAIL 1. I am over the age of 18 and not a party to this action. I am employed in the county where the mailing occured. 2.I served copies of the Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet (served in complex cases only); NOTICE OF ASSIGNMENT AND CASE MANAGEMENT CONFERENCE 3.By placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at WALNUT CREEK, California, addressed as follows: a. Date of Mailing: November 18, 2025 b. Place of Mailing:WALNUT CREEK, CA c. Addressed as follows:LW CONSTRUCTION, INC., A CALIFORNIA CORPORATION ATTENTION: BONNIE T WOODS - AGENT FOR SERVICE - 2809 S Bradley Rd Santa Maria, CA 93455-2158 I am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid at WALNUT CREEK, California in the ordinary course of business. Fee for Service: $ 278.50 County: Registration: ONE HOUR PROCESS SERVICE 2920 CAMINO DIABLO WALNUT CREEK, CA 94597 (925) 947-3470 Ref: SAN LUIS OBISPO V. SMITH I declare under penalty of perjury under the laws of the The State of California that the foregoing information contained in the return of service and statement of service fees is true and correct and that this declaration was executed on November 18, 2025. Signature: KATHLEEN BAUTISTA Order#: 45757/mailproof