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  • PEDRO GUEVARA VS LA CASA BUILDING CONTRACTORS INC. Wrongful Termination (General Jurisdiction) document preview
  • PEDRO GUEVARA VS LA CASA BUILDING CONTRACTORS INC. Wrongful Termination (General Jurisdiction) document preview
  • PEDRO GUEVARA VS LA CASA BUILDING CONTRACTORS INC. Wrongful Termination (General Jurisdiction) document preview
  • PEDRO GUEVARA VS LA CASA BUILDING CONTRACTORS INC. Wrongful Termination (General Jurisdiction) document preview
  • PEDRO GUEVARA VS LA CASA BUILDING CONTRACTORS INC. Wrongful Termination (General Jurisdiction) document preview
  • PEDRO GUEVARA VS LA CASA BUILDING CONTRACTORS INC. Wrongful Termination (General Jurisdiction) document preview
  • PEDRO GUEVARA VS LA CASA BUILDING CONTRACTORS INC. Wrongful Termination (General Jurisdiction) document preview
  • PEDRO GUEVARA VS LA CASA BUILDING CONTRACTORS INC. Wrongful Termination (General Jurisdiction) document preview
						
                                

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Electronically FILED by Superior Court of California, County of Los Angeles on 06/06/2022 03:10 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Mariano,Deputy Clerk 1 Kevin A. Lipeles (Bar No. 244275) Thomas H. Schelly (Bar No. 217285) 2 LIPELES LAW GROUP, APC 880 Apollo St., Suite 336 3 El Segundo, California 90245 Telephone: (310) 322-2211 4 Fax: (310) 322-2252 5 Attorney for Plaintiff, 6 Pedro Guevara 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA, 9 COUNTY OF LOS ANGELES 10 11 PEDRO GUEVARA, an individual, Case No.: 20STCV46360 12 Assigned for all purposes to Hon. Lia Martin, 13 Plaintiff, Dept. 16 14 v. DECLARATION OF THOMAS H. 15 LA CASA BUILDING CONTRACTORS SCHELLY IN SUPPORT OF OPPOSITION 16 INC., a California corporation; and DOES 1 TO MOTION TO QUASH through 100, inclusive, 17 18 Defendants. Date: June 17, 2022 19 Time: 9:00 a.m. Dept: 16 20 Complaint filed: December 4, 2020 21 Trial date: Not Set 22 23 24 25 26 27 28 1 DECLARATION OF THOMAS H. SCHELLY 1 DECLARATION OF THOMAS H. SCHELLY 2 I, Thomas H. Schelly, declare: 3 1. I am a partner at Lipeles Law Group APC and have been retained to represent 4 Plaintiff Pedro Guevara (“Plaintiff”) in the instant matter. I make this declaration in support of 5 Plaintiff’s Oppositions to Defendants La Casa Building Contractors Inc.’s ( “La Casa”) and Salvador Munoz’s (hereinafter “Munoz”)(collectively, “Defendants”) respective Motions to 6 Quash Service of Summons. I have personal knowledge of the facts set forth herein. This 7 declaration is based on personal knowledge and, if called as a witness, I could and would 8 competently testify to the matters stated herein. 9 2. Plaintiff filed his Complaint on December 4, 2020. On January 7, 2021, Munoz, 10 individually and dba La Casa Building Contractors, was named as Doe 1. 11 3. My office has attempted to serve Defendants with the Summons and Complaint 12 on multiple occasions since January 2021. Serving Defendants with the documents has been 13 complicated because it is Plaintiff’s understanding that La Casa and Munoz maintain an office 14 inside of another business called Jalisco Building Supply. Jalisco Building Supply has two 15 locations. One of the locations is at the address 5423 South Central Avenue, Los Angeles, CA 16 90011. This is the address listed on La Casa’s SOI and is also the current address listed for 17 Munoz with the CSLB. (See Munoz’s Request for Judicial Notice filed in support of motion to 18 quash.) Jalisco Building Supply’s second location is at the address 155 W. Florence Avenue, 19 Los Angeles, CA 90003. In effecting the most recent service, Plaintiff advised my office that La 20 Casa’s “main office” is located at the Jalisco Building Supply located at 155 W. Florence 21 Avenue and to attempt service there. As discussed below, Plaintiff was able to serve personally 22 serve Defendants at the 155 W. Florence Avenue address in February 2022. 23 4. To provide the Court with background information concerning the difficulties 24 encountered by Plaintiff’s in his previous attempts to serve Defendants, on January 11, 2021, 25 the process server we hired on behalf of Plaintiff left the Summons and Complaint with an 26 employee, who was apparently in charge, at Jalisco’s business located at 5423 South Central 27 Avenue, Los Angeles, CA 90011. This was the address provided for the agent for service of 28 process in La Casa’s SOI filed with the California Secretary of State. The SOI listed Salvador 2 DECLARATION OF THOMAS H. SCHELLY 1 Munoz as the agent for service of process. As stated above, this is the address that Mr. Munoz 2 presently identifies as his address with the CSLB. 3 5. Plaintiff subsequently mailed a copy of Summons and Complaint to Mr. Munoz, 4 as agent for service of process for La Casa, via first class mail on January 12, 2021. Plaintiff 5 filed its Proofs of Service on January 14, 2021. 6 6. On January 24, 2021, Defendants filed motions to quash service of summons. At 7 the case management conference and hearing on the motions to quash on September 3, 2021, 8 the Court ruled that the motions to quash were moot because Plaintiff filed proofs of service by 9 substituted service. 10 7. On August 5, 2021 and August 12, 2021, Plaintiff’s process server again went to 11 Jalisco Building Supply located at 5423 South Central Avenue, Los Angeles, CA 90011, which 12 was the address provided in Defendant’s most recent SOI, and left the Summons and Complaint 13 with an employee and apparent person in charge. On August 13, 2021, Plaintiff then mailed the 14 Summons and Complaint and related documents to Mr. Munoz, as agent for service of process 15 for La Casa, at the same address. 16 8. On September 22, 2021, Defendants filed additional motions to quash claiming 17 that the individual (presumably an employee of Jalisco Building Supply) did not have authority 18 to accept service and that they did not receive the Summons and Complaint in the mail. 19 9. In December 2021, I reviewed La Casa’s updated SOI which was filed with the 20 California Secretary of State on November 11, 2021. In the SOI, Defendant identified Olga 21 Azocar as the new agent for service of process at the address of 5124 Via Corona, Los Angeles, 22 CA 90022. This is the address that La Casa lists in it’s most current SOI. 23 10. With regard to service at the 5124 Via Corona, Los Angeles, CA 90022 address, 24 on December 17, 2021 at 10:19 a.m. and December 21, 2021 at 9:20 a.m., Plaintiff’s attorney 25 service, DDS Legal Support, attempted service at that location. The address for the service 26 attempt was a building with no business or other name. The front door was dirty and the 27 windows were blocked. The DDS server reports that the business’s neighbors told him they had 28 not seen anyone at that location for a while. Despite attempting service during business hours, 3 DECLARATION OF THOMAS H. SCHELLY 1 no one answered the door. A true and correct copy of a Service Status Update e-mail received 2 by my office is attached hereto as Exhibit “A.” 3 11. On January 5, 2022, the Court granted La Casa’s motion to quash and granted 4 Munoz’s motion to quash on January 7, 2022. 5 12. Thereafter, in February 2022, the DDS Legal Support process server served 6 La Casa and Munoz at 155 W. Florence Avenue, Los Angeles, CA 90003 after making several 7 attempts to serve the documents personally. A true and correct copy of the Proof of Service for 8 La Casa is attached hereto as Exhibit “B.” 9 13. As stated above, Plaintiff had previously notified my office that if we were 10 unable to serve La Casa and Munoz at the other addresses that we could serve them at the 155 11 W. Florence address because Plaintiff is informed and believes that this address is La Casa’s 12 “main office” address. This information was confirmed by the DDS process server and is 13 included in his Declaration of Diligence. A true and correct copy of the DDS Legal Support 14 Declaration of Diligence regarding the February 2022 service is attached hereto as Exhibit 15 “C.” 16 14. As set forth in the process server’s Declaration of Diligence, on February 26, 17 2022, the process server walked into Jalisco Building Supply located at 155 W Florence 18 Avenue, Los Angeles, CA 90003 and went to the front counter. After asking the cashier if 19 Munoz and La Casa were in, the cashier advised the process server that La Casa is located in 20 the back room and to ring the bell. La Casa is located behind a plexiglass window in a back 21 room of Jalisco Building Supply. La Casa does not have any access other than a bell and a little 22 opening to slide documents and or money back-and-forth. Unfortunately, service was not 23 completed because no one authorized to receive service of process was present. 24 15. On February 27, 2022, the DDS process server made the second attempt to 25 serve Munoz and La Casa at 155 W Florence Ave, Los Angeles, CA 90003. During this attempt 26 no one authorized to receive service of process was present. 27 /// 28 /// 4 DECLARATION OF THOMAS H. SCHELLY 1 16. On February 28, 2022, the third attempt was made to serve Munoz and La Casa 2 at 155 W Florence Ave LA, CA 90003. During this attempt the cashier at Jalisco Building 3 Supply advised the process server that someone from La Casa was in the back that day. Upon 4 getting to the back window a female was present and stated that La Casa was operating from the 5 location, that Salvador Hernandez Munoz was not in, and would not be back any time soon. 6 After the process server explained the nature of the visit and a brief explanation of the 7 documents, the female identified herself as Maria Garcia, office manager and person authorized 8 to receive service of process. Maria also had knowledge regarding the Plaintiff and case as well 9 as confirmed via phone with whom was believed to be Salvador that documents were valid and 10 could be received at this office. 11 17. Despite Plaintiff’s multiple attempts to serve Defendants at the addresses 12 provided to the Secretary of State and the CSLB, Defendants continue to evade service and file 13 merit-less motions to quash. Plaintiff anticipates that, without Court intervention, Defendants 14 will continue to claim that they have not been served despite evading service and being a served 15 by substituted service on at least two occasions thus far. 16 I declare under penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. Executed on June 6, 2022 in El Segundo, California. 18 19 20 _____________ Thomas H. Schelly 21 22 23 24 25 26 27 28 5 DECLARATION OF THOMAS H. SCHELLY EXHIBIT “A” EXHIBIT “B” POS-010 ATTORNEY OR PARTY W THOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY L pe es Law Group, APC Kev n A L pe es (SBN 244275) 880 Apo o St Su te 336 E Segundo, CA 90245 TELEPHONE NO (310) 322 2211 FAX NO (Optional) E MA L ADDRESS (Optional) ATTORNEY FOR (Name) PEDRO GUEVARA, SUPER OR COURT OF CAL FORN A, COUNTY OF Los Ange es STREET ADDRESS 111 N H St MA L NG ADDRESS same as above C TY AND Z P CODE Los Ange es, 90012 BRANCH NAME Stan ey Mosk PLA NT FF / PET T ONERPEDRO GUEVARA, an nd v dua CASE NUMBER DEFENDANT / RESPONDENT LA CASA BU LD NG CON RAC ORS NC, a Ca forn a corporat on and 20S CV46360 does 1 through 100 nc us ve Ref No or F e No PROOF OF SERVICE OF SUMMONS 6761491 (Separate proof of service is required for each party served.) 1 At the t me of serv ce was at east 18 years of age and not a party to th s act on 2 served cop es of a X summons b X comp a nt c X A ternat ve D spute Reso ut on (ADR) package d X Cv Case Cover Sheet (served in complex cases only) e cross comp a nt f X other (specify documents) Cv Case Cover Sheet Addendum and Statement of Locat ons, f rst amended genera order, Vo untary Eff c ent L t gat on St pu at ons, St pu at on Ear y Organ zat ona Meet ng, St pu at on D scovery Reso ut on, nforma D scovery Conference, St pu at on and Order Mot on n L m ne, Not ce of Case Ass gnment Un m ted C v Case, Doe 1 3 a Party served (specify name of party as shown on documents served) LA CASA BU LD NG CON RAC ORS NC, a Caforn a corporat on b X Person (other than the party n tem 3a) served on beha f of an ent ty or as an author zed agent (and not a person under tem 5b on whom subst tuted serv ce was made) (specify name and relationship to the party named in item 3a) Mar a Garc a Off ce manager author zed to rece ve serv ce of process 4 Address where the party was served 155 W F orence Avenue Los Ange es, CA, 90003 5 served the party (check proper box) a X by persona serv ce persona y de vered the documents sted n tem 2 to the party or person author zed to rece ve serv ce of process for the party (1) on (date) 2/28/22 (2) at (time)10 19 am b by subst tuted serv ce On (date) at (time) eft the documents sted n tem 2 w th or n the presence of (name and title or relationship to person indicated in item 3) (1) (bus ness) a person at east 18 years of age apparent y n charge at the off ce or usua p ace of bus ness of the person to be served nformed h m or her of the genera nature of the papers (2) (home) a competent member of the househo d (ateast 18 years of age) at the dwe ng house or usua p ace of abode of the party nformed h m or her of the genera nature of the papers (3) (phys caaddress unknown) a person at east 18 years of age apparent y n charge at the usua ma ng address of the person to be served, other than a Un ted States Posta Serv ce post off ce boxnformed h m or her of the genera nature of the papers (4) thereafter ma ed (by f rst c ass, postage prepa d) cop es of the documents to the person to be served at the p ace where the cop es were eft (Code C v Proc , § 415 20)ma ed the documents on (date) from (city) or a dec arat on of ma ng s attached (5) attach a dec arat on of d gence stat ng act ons taken f rst to attempt persona serv ce Form Adopted for Mandatory Use PROOF OF SERVICE OF SUMMONS Page 1 of 2 ud c a Councof Ca forn a Code of C v Procedure, § 417 10 POS 010 [Revanuary 1, 2007] PLA NT FF / PET T ONERPEDRO GUEVARA, an nd v dua CASE NUMBER DEFENDANT / RESPONDENT LA CASA BU LD NG CON RAC ORS NC, a Ca forn a corporat on and 20S CV46360 does 1 through 100 nc us ve 5 c by ma and acknow edgment of rece pt of serv ce ma ed the documents sted n tem 2 to the party, to the address shown n tem 4, by f rst c ass ma , postage prepa d, (1) on (date) (2) from (city) (3) w th two cop es of the Notice and Acknowledgment of Receipt and a postage pa d return enve ope addressed to me (Attach completed Notice and Acknowledgement of Receipt.) (Code C v Proc , § 415 30 ) (4) to an address outs de Caforn a w th return rece pt requested (Code C vProc , § 415 40 ) d by other means (specify means of service and authorizing code section) Add t ona page descr b ng serv ce s attached 6 he Not ce to the Person Served (on the summons) was comp eted as fo ows a as an nd v dua defendant b as the person sued under the f ct t ous name of (specify) c as occupant d X On beha f of (specify) LA CASA BU LD NG CON RAC ORS NC, a Ca forn a corporat on under the foow ng Code of C v Procedure sect on X 416 10 (corporat on) 415 95 (bus ness organ zat on, form unknown) 416 20 (defunct corporat on) 416 60 (m nor) 416 30 (jo nt stock company/assoc at on) 416 70 (ward or conservatee) 416 40 (assoc at on or partnersh p) X 416 90 (author zed person) 416 50 (pub c ent ty) 415 46 (occupant) other 7 Person who served papers a Name Henry Aghass b Address 1859 Larch st , S m Va ey, CA 93065 c e ephone number 818) 518 5295 d The fee for serv ce was$ e am (1) not a reg stered Ca forn a process server (2) exempt from reg strat on under Bus ness and Profess ons Code sect on 22350(b) (3) X a reg stered Caforn a process server () owner emp oyee X ndependent contractor ( ) Reg strat on No Reg # 6101 ( ) County Los Ange es 8 X I dec are under pena ty of perjury under the aws of the State of Ca forn a that the forego ng s true and correct or 9 I am a Ca forn a sher ff or marsha and cert fy that the forego ng s true and correct Date 03/05/2022 Henry Aghass (NAME OF PERSON WHO SERVED PAPERS / SHER FF OR MARSHAL) (S GNA URE) POS 010 [Revanuary 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2 EXHIBIT “C”