HomeMy WebLinkAbout20251211_Proof of Service to Patrick Smith Trust- 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):
PATRICK N. SMITH A/K/A PATRICK SMITH, AS TRUSTEE OF THE PATRICK N SMITH 2004 LIVING TRUST
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):
PATRICK N SMITH - AGENT FOR SERVICE -
4. Address where the party was served:505 Bath St
Santa Barbara, CA 93101-3403
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): 11/21/2025 at (time): 11:58 AM 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):
"JOHN DOE" (REFUSED TO GIVE NAME) - PERSON IN CHARGE
Age: 30'S Race: HISPANIC Sex: Male Height: SEATED Weight: 190 Hair: WEARING A HAT
(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
POS010-1/45746
* 832915 *
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): PATRICK N. SMITH A/K/A PATRICK SMITH, AS TRUSTEE OF THE PATRICK N
SMITH 2004 LIVING TRUST
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: COLIN HOAG - 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: $ 203.50
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.: 736
(iii) County: VENTURA
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: 12/5/2025
ONE HOUR PROCESS SERVICE
2920 CAMINO DIABLO
WALNUT CREEK, CA 94597
(925) 947-3470
www.onehour.net
COLIN HOAG
(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-010/45746
ATTN: PATRICK N SMITH - AGENT FOR SERVICE - AGENT FOR SERVICE
PATRICK N. SMITH A/K/A PATRICK SMITH, AS TRUSTEE OF THE
PATRICK N SMITH 2004 LIVING TRUST
505 Bath St
Santa Barbara, CA 931013403
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, COLIN HOAG , declare: I am a Registered Process Server and was retained to serve process in the above-referenced matter on
the following person or entity: PATRICK N. SMITH A/K/A PATRICK SMITH, AS TRUSTEE OF THE PATRICK N SMITH 2004
LIVING TRUST 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: $ 203.50
County: VENTURA
Registration No.: 736
ONE HOUR PROCESS SERVICE
2920 CAMINO DIABLO 100
WALNUT CREEK, CA 94597
(925) 947-3470
Signature:
COLIN HOAG
I declare under penalty of perjury that the foregoing is true
and correct and that this declaration was executed on
December 5, 2025.
AFFIDAVIT OF REASONABLE DILIGENCE
Order#: 45746
Date Time Location Results
11/11/2025 2:50 PM Business UNABLE TO GAIN ACCESS. THE ELEVATOR REQUIRES A KEY
AND THE STAIRWAY HAS A COMBINATION. PUSH BUTTON IS
LOCKED. - COLIN HOAG
505 Bath St, Santa Barbara, CA 931013403
11/13/2025 7:43 AM Business UNABLE TO GAIN ACCESS. NO IN OR OUT MOVEMENT DURING
THE TIME THAT I WAITED TO GET IN. - COLIN HOAG
505 Bath St, Santa Barbara, CA 931013403
11/14/2025 12:31 PM Business CODE IS NEEDED. UNABLE TO GAIN ENTRY. - COLIN HOAG
505 Bath St, Santa Barbara, CA 931013403
11/17/2025 8:47 AM Business STILL ATTEMPTING TO GAIN ACCESS, CODE IS NEEDED TO
SUCCESSFULLY REACH RESIDENCE. - COLIN HOAG
505 Bath St, Santa Barbara, CA 931013403
11/21/2025 11:58 AM Business Substituted service on: PATRICK N. SMITH A/K/A PATRICK SMITH,
AS TRUSTEE OF THE PATRICK N SMITH 2004 LIVING TRUST; 505
Bath St, Santa Barbara, CA 93101-3403; by serving: "JOHN DOE"
(REFUSED TO GIVE NAME) - PERSON IN CHARGE, HISPANIC Male
30'S 190 WEARING A HAT SEATED .
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: December 5, 2025
b. Place of Mailing:WALNUT CREEK, CA
c. Addressed as follows:PATRICK N. SMITH A/K/A PATRICK SMITH, AS TRUSTEE OF THE PATRICK N
SMITH 2004 LIVING TRUST
ATTENTION: PATRICK N SMITH - AGENT FOR SERVICE -
505 Bath St
Santa Barbara, CA 93101-3403
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: $ 203.50
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 December 5, 2025.
Signature:
KATHLEEN BAUTISTA
Order#: 45746/mailproof