What is a Notice and Acknowledgment of Receipt?

Useful Rulings on Notice and Acknowledgment of Receipt

Recent Rulings on Notice and Acknowledgment of Receipt

IN THE MATTER OF THE MARJORIE L BERTRAND TRUST

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property, except Harry Adams who has responded. PrC § 851(a)(2) 3. Proposed Order Notes: 1. Opposition filed by Harry Adams 6-29-2020. 2. Petition for Letters of Administration and Spousal Property Petition filed by James Birden are set for 8-13-2020. 3.

  • Hearing

    Jul 21, 2020

KENNETH MOORE VS LA COUNTY BOARD OF SUPERVISORS

Plaintiff has filed proof of service of the Complaint showing service by mail on January 22, 2020, with acknowledgment of receipt. Service of summons is deemed complete for a defendant served with summons by mail and acknowledgement and receipt, if signature is provided to the sender, on the date of the defendant’s signature of the acknowledgement. (CCP § 415.30(c).)

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SARAH THOMAS VS WILLIAM DUNCAN ET AL

Thomas’ personnel file also contains her Employee Handbook Acknowledgment of Receipt (the “Handbook Acknowledgment”), which she electronically signed on December 8, 2018. In the Handbook Acknowledgment, Ms. Thomas further acknowledged and agreed that “in the event any employment related-dispute arises between [Ms. Thomas] and SIS, [Ms. Thomas] will be bound by the SIS Alternative Dispute Resolution Program, which provides for final and binding arbitration for all disputes related to [her] employment.”

  • Hearing

    Jul 09, 2020

ISRAEL BALLESTEROS VS JIMCO, INC., A CALIFORNIA CORPORATION, ET AL.

Discussion Defendants Jimco and Yanez move to compel Plaintiff to submit his claims to binding arbitration.[1] Defendants submit a copy of a document entitled “Employee Acknowledgment of Receipt of Employee Handbook and Arbitration Agreement” (Agreement). (Shulkin Decl. ¶ 9, Ex. A.) The Agreement is signed by Plaintiff. (Ibid.; see Pl. Decl. ¶ 3.)

  • Hearing

    Jul 08, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ALEJANDRO RAMIREZ, ET AL. VS DOUGLAS WHITNEY

On March 12, 2020, Plaintiffs filed a Notice of Acknowledgment of Receipt – Civil, signed by Douglas Weeks on behalf of Defendant, acknowledging receipt of, among other documents, copies of the summons and complaint, Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction, and Amendment to Complaint re DOE 1. On March 16, 2020, Plaintiffs filed and served a Notice of Recording Pendency of Action (Lis Pendens).

  • Hearing

    Jul 07, 2020

CONSERVATORSHIP OF MARY ELLEN BARNARD

Petitioner must submit a supplement clarifying no request, or must submit an amendment if Major Neurocognitive Powers are requested. 3) Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348) (CRC 7.1051.) This document was signed by only one of the two proposed conservators. Please submit a signed form GC-348 by Kathryn A. Barnard. 4) Order Appointing Conservator (GC-340) 4) Letters of Conservatorship (GC-350)

  • Hearing

    Jun 30, 2020

DAVID MINSER V. COLLECT ACCESS, LLC, ZEE LAW GROUP, PC, ET AL.

Such service may be made by either personal service, substitute service, or service by mail with acknowledgment of receipt. (Code Civ. Proc., §§ 415.10, 415. 20, 415.30; see also Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) §§ 4:170-4:173.)

  • Hearing

    Jun 30, 2020

GUARDIAN POOL FENCE SYSTEMS, INC. VS JOE ARREOLA

However, service of a summons by certified mail is only deemed complete “on the date of execution of an acknowledgment of receipt of summons.” (Code Civ. Proc., § 415.30, subd. (c).) No proof of Respondent’s execution of an acknowledgment of receipt is attached to the proof of service. Therefore, Petitioner has not demonstrated complete service of the Petition and Notice of Hearing on Respondent and the Court cannot find that the requirements of Code of Civil Procedure section 1290.4 have been satisfied.

  • Hearing

    Jun 26, 2020

CHERYLL DIONG VS DIAMOND GARDEN HOME CARE INC., A CALIFORNIA CORPORATION

However, service of a summons by certified mail is only deemed complete “on the date of execution of an acknowledgment of receipt of summons.” (Code Civ. Proc., § 415.30, subd. (c).) No proof of Respondent’s execution of an acknowledgment of receipt is attached to the proof of service. Therefore, Petitioner has not demonstrated complete service of the Petition and Notice of Hearing on Respondent and the Court cannot find that the requirements of Code of Civil Procedure section 1290.4 have been satisfied.

  • Hearing

    Jun 26, 2020

YAPSTONE VS. CHRISTINE

Petitioner had instead provided proof of service through the Notice and Acknowledgment of Receipt procedure. The only acknowledgement that was returned signed by anyone is one signed on January 15, 2020, by “Michelle Truong, Esq.” Ms. Truong is not a party and is not counsel of record in this case. Nor was she identified (at that point) as counsel in the underlying arbitration. Nor was there any proof of service of notice of the hearing date.

  • Hearing

    Jun 04, 2020

MATTER OF RICHARD D. & GERALDINE CLEMENTS TRUST

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 5. Verified declaration by petitioner to include copy of trust and all amendments 6. Proposed Order Notes: 1. Order Granting Ex Parte Application Suspending Trustee and Appointing John Balquist as temporary trustee filed 11-21-19.

  • Hearing

    Mar 24, 2020

ESTATE OF GINA FULLERTON

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property, except Deborah Maxey who has responded. PrC § 851(a)(2) 4. Proposed Order Note: Objections and Opposition by Deborah Maxey filed 2-21-20. ALFRED SHARP CHASE BANK. N.A.

  • Hearing

    Mar 19, 2020

RE: 1ST & FNL ACCT & RPT OF EXEC, FINAL DIST, PET’N FOR ALLOWANCE

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 2. Proof of mailing Notice of Hearing that complies with PrC § 851(c), including a description of the property, description of the relief sought and statement advising that a response may be filed.

  • Hearing

    Mar 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

ESTATE OF LEO HARTFORD

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order Objection filed 2-35-20 by Gregg Chorbajian, Co-Trustee GREGG CHORBAJIAN J. WESLEY SMITH JOHN E CHORBAJIAN AND ANITA CH KAREN RUANE MATTHEW B TALBOT

  • Hearing

    Mar 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: TO SUSPEND AND REMOVE TRUSTEE PROHIBIT FROM USING FUNDS

Appearances 2. 30 days proof of personal service or 30 days proof of mailing with Acknowledgment of Receipt filed pursuant to PrC§ 851(a)(2) ALBERT WILMER DEROUEN AND JANI ALBERT JOHN DEROUEN KONSTANTINE A DEMIRIS ANDRE JOHN DEROUEN NATHAN D. PASTOR JANICE DEROUEN MARIANNE MALVEAUX YVETTE DEROUEN FIGUEROA DOUGLAS W HOUSMAN

  • Hearing

    Mar 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: TO SUSPEND AND REMOVE TRUSTEE PROHIBIT FROM USING FUNDS

Appearances 2. 30 days proof of personal service or 30 days proof of mailing with Acknowledgment of Receipt filed pursuant to PrC§ 851(a)(2) ALBERT WILMER DEROUEN AND JANI ALBERT JOHN DEROUEN KONSTANTINE A DEMIRIS ANDRE JOHN DEROUEN NATHAN D. PASTOR JANICE DEROUEN MARIANNE MALVEAUX YVETTE DEROUEN FIGUEROA DOUGLAS W HOUSMAN

  • Hearing

    Mar 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR LETTERS OF ADMINISTRATION

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 2. Proof of mailing Notice of Hearing that complies with PrC § 851(c), including a description of the property, description of the relief sought and statement advising that a response may be filed.

  • Hearing

    Mar 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR PART ALLOW OF COMMISSION OF ATTY & COSTS

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order Objection filed 2-35-20 by Gregg Chorbajian, Co-Trustee Court intends to set for trial GREGG CHORBAJIAN J. WESLEY SMITH JOHN E CHORBAJIAN AND ANITA CH KAREN RUANE MATTHEW B TALBOT

  • Hearing

    Mar 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

YAPSTONE VS. LAURA CHRISTINE

Petitioner has instead provided proof of service by mail through the Notice and Acknowledgment of Receipt procedure. The only acknowledgement that was returned signed by anyone is one signed on January 15, 2020, by “Michelle Truong, Esq.” Ms. Truong is not a party and is not counsel of record in this case. Nor is she identified as counsel in the underlying arbitration. Nor is there any proof of service of notice of the hearing date. Accordingly, the Court does not have jurisdiction to grant the petition.

  • Hearing

    Mar 12, 2020

RE: PET’N TO INSTRUCT TRUSTEE TO EVICE, CHARGE RENT, PAY FEES, SELL

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order CASSANDRA MADDEN TRACY S REGLI DARRYL THOMPSON CRAIG L. JUDSON NATHANIEL THOMPSON III CRAIG L. JUDSON THE SIMS THOMPSON, JR.

  • Hearing

    Mar 10, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

(NO CASE NAME AVAILABLE)

Yet Plaintiff’s final investigative act into Defendant’s whereabouts was to forward a copy of the Summons and Complaint and Notice and Acknowledgment of Receipt to the Old Road Address. (Id. at Exh. E, Rozen Decl., ¶¶3-7.) Without a showing that Plaintiff attempted service by mail at the Rio Lobo address, the Court is not satisfied that it complied with the statutory requirement to exercise reasonable diligence at other means of service. The Motion to Quash Service of the Summons and Complaint is GRANTED.

  • Hearing

    Mar 10, 2020

RE: CROSS PET’N FOR BREACH OF TRUST, REMOVAL OF TRUSTEE, AWARD OF

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Cassandra Knight, mother and stepfather, still need to do the following: 1. Appear at the hearing 2. Return on Citation or waiver by counsel.

  • Hearing

    Mar 06, 2020

RE: AMENDED PET’N FOR PROB OF LOST WILL LETTERS ADM W/WILL ANNEXED

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3.

  • Hearing

    Mar 05, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

ESTATE OF JAMES GARRISON

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order Note: Discovery petitions filed by Karen Ruane are set for 3-17-20. GREGG CHORBAJIAN J.

  • Hearing

    Feb 27, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: FINAL DISTR & ALLOW STAT FEES AND EXTRA FEES

Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order Note: Discovery petitions filed by Karen Ruane are set for 3-17-20. GREGG CHORBAJIAN J. WESLEY SMITH JOHN E CHORBAJIAN AND ANITA CH KAREN RUANE MATTHEW B TALBOT Moving paper is in Vol. 3. Need: 1.

  • Hearing

    Feb 27, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

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