Motion-Secondary: FRANK ALIOTO et al VS. ADAM BURGESS et al

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                                MATA

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Aug-30-2012 4:00 pm

 

Case Number: CGC-11-509638
Filing Date: Aug-30-2012 4:00
Filed by: ANNIE PASCUAL
Juke Box: 001 Image: 03746462
DECLARATION OF

 

 

 

FRANK ALIOTO et al VS. ADAM BURGESS et al

001C03746462

Instructions:
Piease place this sheet on top of the document to be scanned.'
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Ramon Rossi Lopez, Bar No. 86361
Christina Anne Fountain, Bar No. 111220
Troy A. Brenes, Bar No. 249776
Matthew R. Lopez, Bar No. 263134
LOPEZ McHUGH LLP

100 Bayview Circle

North Tower, Suite 5600

Newport Beach, CA 92660

Telephone: (949) 737-1501

Facsimile: (949) 737-1504

Attomeys for Plaintiffs,
FRANK ALIOTO and KRISTEN ALIOTO

 

San Frave?

AUG 3 9 2012

CLERK if a col
By. Depuly

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

FRANK ALIOTO and KRISTEN ALIOTO,
Husband and Wife,

ere

Plaintiffs,

vs.

ADAM BURGESS and LINDSAY
BURGESS, both individually and dba
PLAYA FIESTA BEACHCLUB &
HOTEL; PLAYA FIESTA BEACHCLUB
& HOTEL, a business entity, form
unknown, and DOES 1 to 100,

ee

Defendants.

 

Case No. CGC-11-509638
Honorable Harold E. Kahn

DECLARATION OF CHRISTINA ANNE
FOUNTAIN IN SUPPORT OF
PLAINTIFFS’ SUPPLEMENTAL
OPPOSITION TO MOTION TO QUASH
SERVICE OF SUMMONS &
COMPLAINT FOR IMPROPER
SERVICE AND FOR LACK OF
PERSONAL JURISDICTION

Date: September 13, 2012
Time: 9:30 a.m.
Dept: Dept. 302

Complaint Filed: December 3, 2010
Tria] Date: Not Set

 

 

 

1

DECLARATION OF CHRISTINA ANNE FOUNTAIN LN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL
OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS & COMPLAINT FOR IMPROPER SER VICE!
AND FOR LACK OF PERSONAL JURISDICTION

if Court

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1, CHRISTINA ANNE FOUNTAIN, declare:

1am an attorney licensed to practice before all courts of the State of California and a member of
the law firm of Lopez McHugh LLP, attorneys of record for Plaintiffs FRANK ALIOTO and KRISTEN
ALIOTO, husband and wife, in the above-entitled action.

Iam the attorney principally responsible for the handling of this action on behalf of Plaintiffs and]
have personal knowledge of the facts and matters set forth in this declaration. If called and swom as a
witness, I could and would competently testify to the matters set forth in this declaration.

1. Iwas personally present in San Francisco, California and went to the real property located at
479 Steiner Street, San Francisco, California. Attached as Exhibit J, are true and correct copes of actual
photographs I personally took of the building located at 479 Steiner Street, San Francisco California,
which is the real property owned by Defendants, Adam Burgess and Lindsay Burgess. I have maintained,
custody of these photographs since the time J took the photographs. No changes have been made to the
photographs and accurately show what I personally observed when | was personally present at the
Steiner Street location.

2. The location in the photographs is also where both Adam Burgess and Lindsay Burgess own
and maintain their personal property, as stated in their answers to interrogatories.

3. Attached as Exhibit 2, is a true and correct copy of my previously filed declaration of Due
Diligence of Service upon Defendants. This Declaration was filed on December 12, 2011.

4. Attached as Exhibit 3, are true and correct copies of Plaintiffs Frank Alioto and
Kristen Alioto’s affidavits filed in Support of Application for Order to Serve Summons and Complaint
upon Defendants’ Adam and Lindsay Burgess by Publication. I believe Plaintiffs’ personal affidavits
show that Defendants have minimum contacts in California.

5. Attached as Exhibit 4, are true and correct copies of responses to Form Interrogatories and

 

2
DECLARATION OF CHRISTINA ANNE FOUNTAIN IN SUPPORT OF PLAINTIEES’ SUPPLEMENTAL
OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS & COMPLAINT FOR IMPROPER SERVICE,
AND FOR LACK OF PERSONAL JURISDICTIONCe MD A BR YW NY

MR YP YP YN Ye NY Re ee ewe ee ee
oN A AB GBH EF SF SCe AFG E BDH TS

Special Interrogatories by Defendants Adam Burgess, Lindsay Burgess and Playa Fiesta Beachclub &
Hotel. These responses also show the Defendants have minimum contacts in California,

I declare under penalty of per jury pursuant to the laws of the State of California that the
statements in this declaration are true and correct. As to those matters | have stated to be my belief, I
believe those matters to be true and correct,

Executed this 28" day of August in the year 2012, at Newport Beach, California.

    

FOUNTAIN
Declarant and Attorney for Plaintiffs

 

 

 

3
DECLARATION OF CHRISTINA ANNE FOUNTAIN IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL,
OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS & COMPLAINT FOR IMPROPER SERVICE
AND FOR LACK OF PERSONAL JURISDICTIONCom NR DW BR WHY

PMN NY RN NH Fe Ye Be Be ew Be ee ee
& AA vA BF OY F&F S Gwe XA HDR DN SB Ss

 

 

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE

Jam a resident of the county aforesaid: I am over the age of eighteen years and not a party to the
within entitled action: my business address is 100 Bayview Circle, Suite 5600, Newport Beach,
California 92660.

On August 30, 2012 I served the within DECLARATION OF CHRISTINA ANNE
FOUNTAIN IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL OPPOSITION TO MOTION
TO QUASH SERVICE OF SUMMONS & COMPLAINT FOR IMPROPER SERVICE AND
FOR LACK OF PERSONAL JURISDICTION on interested parties in said action, by placing a true
copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail
in Newport Beach, California addressed as follows: SEE ATTACHED SERVICE LIST

BY REGULAR MAIL: | am readily familiar with the firm’s practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with US
Postal Service on that same day with postage thereon fully prepaid at Newport Beach,
California in the ordinary course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is more than one
day after date of deposit for mailing in affidavit.

x BY FEDERAL EXPRESS/UPS OVERNIGHT DELIVERY SERVICE: Said documents
were delivered to an authorized courier or driver authorized by the express service carrier to
receive documents with delivery fees paid or provided for.

 

BY FACSIMILE: Said documents were transmitted by facsimile transmission and
the transmission was reported as complete and without error.

BY E-MAIL: Said documents were transmitted by electronic mail transmission and
the transmission was reported as complete and without error.

BY PERSONAL SERVICE: Said documents were personally delivered by:

[] leaving copies at the attorney’s office, in an envelope or package clearly

labeled to identify the attorney being served;

[ ] with a receptionist or, with a person having charge thereof;

{ ] in a conspicuous place in the office between the hours of 9 a.m. and 5 p.m.

[] by leaving copies at the individual’s residence with some person of not less than 18
years of age;

[ ] in a conspicuous place in between the hours of 8 in the morning and 6 p.m

I declare, under penalty of perjury under the laws of the

‘ate\of Caljfornia that the foregoing is
true and correct. Executed on August 30, 2042,at\Newp :

alifornia.

    
 
   

Wendy Espitia

4

DECLARATION OF CHRISTINA ANNE FOUNTAIN IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL
OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS & COMPLAINT FOR IMPROPER SERVICE
AND FOR LACK OF PERSONAL JURISDICTIONee. a

SCO em UD HB wD BD we

NON MN By NY RM YY Be ew Be ew ee Ye ee
ea A WF OB NH F§ S Owe rARI RA BOO

 

 

SERVICE LIST

 

Bradley Jameson

PHILLIPS, SPALLAS & ANGSTADT, LLP
Three Embarcadero Center, Ste. 550

San Francisco, CA 94111

Telephone: 415.278.9400

Facsimile 415.278.9411

 

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DECLARATION OF CHRISTINA ANNE FOUNTAIN IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL
OPPOSITION TO MOTION TO QUASH SERVICE OF SUMMONS & COMPLAINT FOR IMPROPER SERVICE|
AND FOR LACK OF PERSONAL JURISDICTIONExhibit 1Exhibit 2we

 

 

Ramon Rossi Lopez, Bar No. 86361
Christina Anne Fountain, Bar No. 1/1220)

 

Troy A. Brenes, Bar No. 249776 BEC 12201
Matthew R. Lopez, Bar No. 263134 a i
LOPEZ McHUGH LLP ERK OF THE cy

100 Bayview Circle __Wastey fe Reet

 
  

North Tower, Suite 5600

Newport Beach, CA 92660
Telephone: (949) 737-150}
Facsimile: (949) 737-1504

Attorneys for Plaintiffs,
FRANK ALIOTO and KRISTEN ALIOTO

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

Case No. CGC-11-509638
FRANK ALIOTO and KRISTEN ALIOTO,
HUSBAND AND WIFE,

DECLARATION OF CHRISTINA ANNE
FOUNTAIN REGARDING DUE
DILLIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS

)
)
Plaintiffs, }
)
)
;
ADAM BURGESS & LINDSAY BURGESS, } BURGESS
)
)
)
)
}
}
)
)
)

vs.

Individually & dba PLAYA FIESTA
BEACHCLUB & HOTEL PLAYA FIESTA
BEACHCLUB & HOTEL, a business entity
form unknown, and DOES | to 100,

  

(Filed concurrently with Plaintiffs’ Ex Parte
Application for Order Shortening Time io
Serve Application for Service by Publication!

Defendants.

Complaint Filed: December 3, 2010
Case Management Conference: 12-19-2011
Trial Date: None set

1, Christina Anne Fountain, declare as follows:

lam an attorney licensed to practice before all courts of the State af California

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DECLARATION OF CHRISTINA ANNE FOUNTAIN REGARDING DUE DILIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS BURGESSwe ow oR

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and am a member of the law firm of Lopez McHugh LLP, attorneys of record for Plaintiffs FRANK
ALIOTO and KRISTEN ALIOTO, HUSBAND and WIEE, in the above-entitled action.

[am the attorney principally responsible for the handling of this action on behalf of Plaintiffs and
have personal knowledge of the facts and matters set forth in this declaration. If called and swom as a
witness, I could and would competently testify to the matters set forth in this declaration.

1. This action arises from serious injuries suffered by Frank Alioto in the early moming hours
of December 7, 2008, the day after his wedding day of December 6, 2008. Based on the information
provided to me by my clients, Frank and Kristen Alioto, Plaintiffs’ wedding ceremony and reception
were held at the Playa Fiesta Hotel and Beachclub (“Hotel”), owned exclusively by San Francisco,
California residents ADAM and LINDSAY BURGESS. | am informed and believe that all
communications between my clients and Adam and Lindsay Burgess regarding the wedding plans were
made to and from my clients’ Los Angeles area-code telephone numbers and the Burgess’ 415-area code!
telephone number. The Hotel is located in Puerto Vallarta, Jalisco, Mexico. Iam also informed and
believe that the Hotel owners encouraged the bride and groom and their wedding guests to jump into the
pool after the wedding ceremony. The owners of the Hotel placed a wooden “bridge” over the pool that
extends from one side of the pool to the other, making it possible for a person entering the pool to come
up from underwater and hit the underside of the bridge. Frank Alioto followed the Hotel owners’
encouragement and entered the poo! during his wedding reception. As he came up from under the
pool’s water surface, Frank was injured and suffered complete quadriplegia. Frank is now wheelchair
bound and requires twenty-four hour care.

2. My search of the public records shows that the home residence address of Adam and Lindsay

Burgess is 479 Steiner Street, No. 7, San Francisco, California 94117. Plaintiffs have also informed my

 

 

 

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DECLARATION OF CHRISTINA ANNE FOUNTAIN REGARDING DUE DILIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS BURGESSw

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office that Defendants Adam and Lindsay Burgess reside in San Francisco, California and that the
Burgess’ telephone number has a 415 San Francisco area code. (See attached Exhibit “A").

3. My office hired Ace Attorney Services in San Francisco, California to accomplish personal
service of the summons, complaint, and other court documents upon Defendants Adam Burgess and
Lindsay Burgess at Defendants’ San Francisco residence address.

4. The declarations by the process server at Ace Attorney Service show that numerous attempts
(5 attempts) to personally serve the summons and complaint upon Defendants were unsuccessful. We
did not attempt service of the summons and complaint during the holiday season, as I was informed by
my clients that they believed Defendants Mr. and Mrs. Burgess were not at their San Francisco residence]
during the holiday season, (See attached Exhibit “B”).

5. On January 25, 2011, after the third unsuccessful attempt to personally serve Defendants on
January 23, 2011, my office mailed the summons, complaint, and other required court documents with a
Notice of Acknowledgement to Adam Burgess and Lindsay Burgess at their San Francisco address, via
certified mail, return-receipt requested. Enclosed in this mailing was a postage-paid envelope for the
return of the Notice of Acknowledgment. (See attached Exhibit “C”),

6. As of January 31, 2011, my office had not yet received the signed certified mail receipt for
mail service of the summons and complaint upon Defendants Burgess at the San Francisco address of
479 Steiner Street, No. 7, San Francisco, CA 94117. Thus, on January 31, 2011, out of an abundance off
caution, my office mailed the summons, complaint, and other required court documents with a Notice of
Acknowledgement to Adam Burgess and Lindsay Burgess at their San Francisco address, via both
regular mail and federal express overnight delivery. (See attached Exhibit “D”).

7. Based on the information I received from the process servers at Ace Attomey Service that

someone was in the residence when service was attempted but that no one would answer the door, I

 

 

 

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DECLARATION OF CHRISTINA ANNE FOUNTAIN REGARDING DUE DILIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS BURGESSCD OWN DH PR wD

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believed that Defendants were attempting to avoid service of process and may not sign the certified mail
receipt. In an attempt to avoid a claim from Defendants that they did not receive the documents, I
mailed the summons, complaint, court documents, and Notice of Acknowledgement to Defendants
Burgess’ home address in San Francisco.

8. The process server’s declaration states that Defendant Adam Burgess called Ace Attorney
Service and when ADAM BURGESS was informed by the process server that the process server
attempted to serve the Summons and Complaint upon Mr. and Mrs. Burgess, Mr. Burgess told the
process server that Mr. Burgess needed “to contact his attorney.” As of the date of signing this
declaration, neither I nor Ace Attorney Service has received any communications from an attorney
representing Defendants Adam and Lindsay Burgess. Thus, I am not certain to which attorney Mr.
Burgess was referring when Mr. Burgess informed the process server that Mr. Burgess had to coniact his|
attorney. The process server states in his declaration that he believed, based on Mr. Burgess’ statements
that Mr. Burgess was aware of this lawsuit and that Ace Attorney Service was attempting to affect
service of process on Defendants Burgess. (See attached Exhibit “E”).

9. Thad received information from my clients that an attomey named Javier de la Pena is an
attorney in Mexico who may be an attorney for Defendants Mr. and Mrs. Burgess.

10. Thus, on February 2, 2011, out of a further abundance of caution, and rather than contact
Mr. and Mrs. Burgess directly regarding service of the summons and complaint, I contacted Mexico
attomey Javier de la Pena, whom | believe is an attorney in Puerto Vallarta, Jalisco, Mexico. The
telephone number at which I called Mr. Pena has a Los Angeles area code. The telephone number is
(213) 928-6140.

11. [personally spoke with Mr. Pena and discussed with him the attempts by my office and

Ace Attorney Service to effect service of process upon Defendants Adam and Lindsay Burgess, and that

 

 

 

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DECLARATION OF CHRISTINA ANNE FOUNTAIN REGARDING DUE DILIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS BURGESSao 2 6 ID wH RB wD

WN YY YN NN YB Be ew er ee ee
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we were having difficulty accomplishing service. Mr. Pena informed me that he is not licensed to
practice law in California or any of the United States and is licensed only to practice law in Mexico.

12. | also informed Mr. Pena that, in addition to our numerous attempts to personally serve
Defendants at their residence address in San Francisco, California, my office also sent a Notice of
Acknowledgment via U.S. certified mail, return receipt requested, on January 25, 2011, and via regular
mail and federal express overnight delivery on January 31, 2011 to Defendants’ San Francisco
residence. I asked Mr. Pena to request that Mr. and Mrs. Burgess sign the respective Notices of
Acknowledgement to avoid Defendants from having to pay the expenses incurred in accomplishing
service of process beyond mailing the Notice of Acknowledgment.

13. Mr. Pena informed me that he had not talked with either Mr. or Mrs. Burgess for quite
some time and did not know their whereabouts. He informed me that he would attempt to contact Mr.
and Mrs. Burgess regarding service of process in this civil action, I have not received any further
communication from Mr. Pena. Prior to filing this declaration in regard to the previously scheduled
Case Management Conference in October 2011, | again called Mr. Pena at the 213-area code number on
Thursday, October 6, 2011 at 9:42 a.m. There was no answer and I left a message for Mr. Pena asking
him to return my call regarding Defendants Adam and Lindsay Burgess and service of process in this
civil action. To date, | have received no communications from Mr. Pena.

14. My office hired Process Forwarding Intemational to accomplish service of. process pursuant
to The Hague Treaty and Service Convention upon Defendant Playa Fiesta Hotel and Beachclub in
Puerto Vallarta, Jalisco, Mexico. A “status report” from Process Forwarding International was prepared
showing that the process of serving the summons, complaint, and other court documents upon Defendant
Playa Fiesta Hotel and Beachclub are underway and that it will take several months to accomplish

service of process upon the Defendant Hotel in Mexico. My office also concurrently filed a Proof of

 

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DECLARATION OF CHRISTINA ANNE FOUNTAIN REGARDING DUE DILIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS BURGESSUk Bw LP

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Service signed by Process Forwarding International regarding service of process upon the Mexico
defendant. (See attached Exhibit “F”).

15. My office has diligently attempted to serve the summons, complaint and other court
documents upon the individual defendants and is also proceeding with service of process upon the Hotel
and the individual defendants in Mexico pursuant to the Hague Treaty.

16. On February 14, 2011, 1 appeared at the Los Angeies County Superior Court, Southwest
District, and Torrance, where the case was originally filed on December 3, 2010, for an Order to Show
Cause Hearing. I requested that the Court continue its hearing on the Order to Show Cause for failure to
file Proof of Service for a period of approximately 30-45 days, or any other time period deemed
appropriate by the Court, to allow time for Defendants Adam and Lindsay Burgess to sign and return the
Notice of Acknowledgement within the 20 days from mailing on January 25, 2011 and/or January 31,
2011, or if Defendants fail to return the Notice of Acknowledgment, Plaintiffs will need to serve
Defendants by publication.

17, On March 9, 2011, Plaintiffs requested this action be transferred to the proper venue of the
San Francisco Superior Court. The Les Angeles Superior Court transferred this action to this Court on
March 23, 2011.

18. My office again hired Ace Attomey Service on May 17, 2011 to accomplish personal servicd
(of the summons, complaint, and other court documents, including the documents regarding transfer of
venue) upon Defendants Adam Burgess and Lindsay Burgess at their home residence address in San
Francisco, California.

19. The process server at Ace Attomey Service stated that attempts to personally serve the
summons and complaint upon Defendants were unsuccessful.

20. On May 13, 2011, my office mailed the summons, complaint, and other required court

 

 

 

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DECLARATION OF CHRISTINA ANNE FOUNTAIN REGARDING DUE DILIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS BURGESSdocuments, the Court’s Notice of Transfer, and a Notice of Acknowledgement to Adam Burgess and
Lindsay Burgess at their San Francisco residence address, via certified mail, return receipt requested.
(See attached Exhibit “G”).

21. Plaintiffs continue to attempt to personally serve all Defendants at the Hotel business
address in Puerto Vallarta Jalisco, Mexico, via Medical Authority. I am informed that as of July 26,
2011, service of process is still in progress.

22. On June 3, 2011, the envelope that contained the summons, complaint, other required court
documents, the Notice of Transfer, and Notice of Acknowledgement, sent via certified mail, was
returned to my office after two (2) delivery attempts. (See attached Exhibit “H”).

23. On May 25, 2011, my office mailed via International Express Mail, the summons,
complaint, other required court documents, the Notice of Transfer from Los Angeles Superior Court to
San Francisco Superior Court, and a Notice of Acknowledgement. The packaged documents were
received by customs on May 30, 2011 at 9:53 p.m. As of this date, my office has no further information
as to the whereabouts of the package. (See attached Exhibit “I”).

24. It was my belief that defendants would return to their San Francisco home after Defendants’
business “season” in Mexico was over, therefore, we again hired Ace Attommey Service on July 14, 2011
to attempt to serve Defendants again at their home residence in San Francisco. Despite the several new
attempts to serve Defendants, Ace Attorney service was unsuccessful. (See attached Exhibit “J”).

25. I believe from the process servers’ declarations and all of my attempts to serve Defendants at
their San Francisco address, that Defendants are intentionally avoiding service of process. None of the
Notices of Acknowledgement have been signed and returned to my office. The documents sent via
certified mail have been returned unsigned. Current public records confirm that the San Francisco

address at 479 Steiner Street, # 7, San Francisco, CA 94117 is the Defendants’ current residence.

 

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DECLARATION OF CHRISTINA ANNE FOUNTAIN REGARDING DUE DILIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS BURGESSSo ome INH A

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26. None of the documents sent by regular mail to the Burgess San Francisco residence address
have been returned as “undeliverable” or as an “incorrect address.” Thus, there is no indication that the
Burgess’ San Francisco address is not the Burgess’ correct residence. Defendants will not answer the
door of their residence when the process servers attempt personal service, although it is evident from the
process servers’ declaration that someone is present in the residence when the process server attempts
service of process.

26. I have exhausted all possible means of serving Defendants and all attempts have been
unsuccessful. I am informed and believe that Defendants have been at their residence when the process
servers have attempted service of process, Defendants have failed to return any of the Notices of
Acknowledgment, and all attempts to serve via certified mail have been unsuccessful. Thus, I am
informed and believe that it is necessary to serve. Defendants Adam Burgess and Lindsay Burgess by
publication.

I declare under penalty of perjury under the laws of the State of California that the
contents of this declaration are true and correct, and that the matters stated upon my information and
belief, I believe to be true and correct.

Executed on this 12" day of December 2011 in Newport Beach, California.

 

 

 

 

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DECLARATION OF CHRISTINA ANNE FOUNTAIN REGARDING DUE DILIGENCE OF SERVICE OF
PROCESS UPON DEFENDANTS BURGESSExhibit ADater G1/11/2011 .
jent: Lopez Mchugh LLP

 
   

 

Assighinent: Pér'youtequest anil ingnnotions dated DI/LO0TY, on officetnidiated an
investigation to locate:the current whereabouts of Adam: -&: Lindsey Burgess, last. known
address: 479 Steiner St#7, San Francisco, CA 94117:

 

Findings: On 01/11/2011; our office verified tthe current location-of Adam. & Lindsey
Burgess: ~

479 Steine: St#7
San Franeisao, GA 941 17:
San Francisco ‘Courity.

‘The-phone mimber at this addiess, (475) $63-7089 is listed to-Adarh Burgess.

 
 
  

ifieil the above address:for her-son Adam Burgess and
ed thatthey-are:on vacation atid will'not be atthe

above property for 2 weeks,

Your office-was informed of this infoumation’on 01/11/2011. TEf'you should Rave any
further questions, please-contact.me at (406) 751-8576. This-file is closed,

  

Respectfully submitted,

lai. doadphescr,

Joni Swartzenbei'ger
Lotate‘Services ‘Department.

 

Merlin Research Services:
215 8. Complex’Dr,, Kalispell, MT 59901
(800)'367-6646 | Skiptracers@meétlindata:tomExhibit Bi
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NAME ADDRESS AND THEE

 

 
  
 

 

LOPEZ McHUGH LLP 3
Ramon Rossi Lopez (SBN 86361), Christina Anna Fountain (SBNT1220)
‘Troy A. Brenes (SBN 249776), Matthew R. Loper (SBN 263134)

100 Bayview Circle, Suite 5600

Newport Bench, California 92.660

ATTORNEY FOR (Maan): Plain

 

 

“work Abioto and Kristen Alfio

SUPERIOR COURT OF CALIFORNIA
YOR THE COUNTY OF LOS ANGELES

 

 

    

FRANK ALIOTO and KARE! OME

Husband and Wife

 

TOTO,
YV063769

 

Plaintiff, 000 [ee
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DECLARATION OF NON-SERVICE.

 

ADAM BURGESS & LINDSEY BURGESS, et al

 

 

Defendants,

 

AC the Gime of service | ain a citizen of the Uniied States, over the age of eighteen, ane ant a party to this action, That afier
due diligence and careful inquiry [ have been unabke to efTeet service on:

PersowEntity: Adam Burgess, Individually and dba Playa Miesta Beachclub & Lotel

Residence Address: 479 Stciner Strect, Unit #7
San Francisco, California

I was requested to serve the following documents:

SUMMONS; COMPLAINT; ORDER TO SHOW CAUSE HEARING; CIVIL CASE COVERSHERT;
NOTICE OF CASE MANAGEMENT CONFERENCE; ADR INFORMATION PACKAGE;

The aforementioned documents were not served for the following reason(s):

 

Date

Time

Location

Resuit

 

GII9/LL

7:00 pm.

Residence

1 astived at the address given for service of process. There was a
gated entrance, in which you have to be buzzed in. | buzzed the
subject’s unit, and received no response. I buzzed unit 1, which let
me in. At the unil.] received no answer. On the way out, the
person in unit | called me over and advised me that he had the
subject’s mother on the phone. | briefly talked to the subject's
mother who informed me the subject was in Mexico. She asked
what E bad, and J stated it was something for Adam and Lindsey
Burgess only, She asked for my number, and J provided it to her te
pass on to the subject fo call me.

 

o1aist

§:00 am,

Subject cajled my cell phone and left the following message:
This is Adam Burgess, my phone number is 415-519-3146, please
reiurn my call. | did not call back, L wanted authorization first.

 

O2n/11

1:00 pam.

Residence

J arrived at the address given for service of process, 1 was able to
_get into the building, and received no answer al the door of unit 7,

 

01/23/11

745 a.m.

Residence

J arrived at thc address given for service of process. | was able to
get into the building, and received no answer al the door of unit7,

 

 

01/26/13

 

8:15 p.m.

 

Residence

 

} arrived al the address given Sor service of process. I was able lo
gel into the buitding, and received no answer at the door of unit 7.

 

768526,ALO27

 

 

11:20 a.m.

 

Residence

 

Larrived at the address given for service of process. I was able to
get into the building, and received no answer al the door of unil 7,

 

I declare under penalty of perjury that the foregoing is true and correct. | executed this on the Js¢ day of
February 2011 at San Francisco, California,

Process Server for

Ace Attorney Service, Ine.

400 Second Sweet, Suite 425

San Francisco,

 

By: Avelino

 
 
   

alifornia.94107

168526.AL

nyNAMIE ADDISS AND TPHONY NUS OF ATYONARY _
LOPEZ McHUGH LLP (949) 737-1501
Ramon Rossi Lopex (SBN 86361), Christina Ama Fountain (SBN11220)
‘Troy A. Brenes (SBN 249776), Matthew R. Lopes (SBN 263134)

100 Bayview Circle, Site 5600

Newport Beach, Californin 92660

ATTORNEY POR (Name): Plaintiffs, Frank Aligto and Kk

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES

 

 

FRANK ALIOTO and KAREN ALIOTO, CASE NUMBER:

Husband and Wife YV063769

 

Plaimtifl, —
v.

DE RATION OF NON-SERVICE
ADAM BURGESS & LINDSEY BURGESS, ct al CLARA N v

 

 

Defendants,

 

At the time of service 1am a citizen oF the United Siales, over the nge of eighteen, and not a party to this action, “That after
due difigence and caret inguiry I have been unuble to effect service ont

Person/Entity: Lindsey Burgess, Individually and dba Playa Fiesta Beacheib & Hote?

Residence Address: 479 Steiner Street, Unit #7
San Francisco, California

T was requested to serve the following documents:

SUMMONS; COMPLAINT; ORDER TO SHOW CAUSE HEARING; CIVIL CASE COVERSHEL
NOTICE OF CASE MANAGEMENT CONFERENCE; ADR INFORMATION PACKAGE;

 

The aforementioned documents were not served for the following reason(s):

 

Date Time Location Result

 

01/19/14 | 7:00 p.m. | Residence | 1 anived at the address given for service of process. There was a
gated cntance, in which you have (o be buzzed in. ] buzzed the
subject’s unit, and received no response, J buzzed unit 1, which jet
me in. At the unit J received no answer. On the way oul, the
person in unit 1 called me over and advised me that be had the
subject’s mother on the phone. i briefly talked to the co-
defendant's mother who informed me the subject was in Mexico.
She asked what I had, and { slaied i was something for Adam and
Lindsey Burgess only. She asked for my number, and | provided it
_.{ to her to pass on to the subject to call me,

 

O1/21/11 | 8:00 a.m. * Co-defendant, Adam Burgess (subject's husband) called my cell
phone and lefi the following message:

This is Adam Burgess, my phone number is 415-519-3146, please
return my call. I did not call back. J wanted authorization first,

 

rOIIIE 1:00 p.m. | Residence }T arrived at the address uiven for service of process. I was able to

FOI/23AT | Fas am. | Residence || acrived at the address given for service of process. | was able to

Bel imo the building, and received no answer al the door of unit 7

 

_get into the building, and received no answer al the door of unit 7.

 

 

01/2611 | 8:18pm. | Residence |T atrived at the address given for service of process. | was able to
| get inia the building, and received no answer al the door of unit 7,

 

 

 

 

 

768529. ALOM/27/11 | 11:20am. | Residence

 

 

 

Carrived al the address given for service of process. | was able to
get inlo the building, and received no answer at the door of unit 7.

 

 

I deciare. under penalty of perjury that the foregoing is true and covvest. L executed this on the Ist-dey of
February 2011 at Su Francises, California,

Process Server for

Ace Attorney Service, Inc,
400 Second Street, Suite 425
San Francisco, Galifornia 94107

 

20: 768529.AL,Exhibit CARGRNEY OR PARTY WITHOUT ATTORNEY fam Sate Bartarler, 2nd addrova
Ramon Rossi Lopez, SBN 863 1; Christina Anne Fountain, SBN 111220
Troy A. Brenes, apn 349776; Matthew R. Lopez, SBN 236134

LOPEZ McHUGH
100 Bayview Cirole, Ste. $600 Newport Beach, CA 92660
TREPHONE NO: 949-7377.150] FAXNO. (Opto: 949-737-1504

E-WAIL ADDRESS (Opticne}}: cfountein@lopezinchugh.com; tespitia@lopezmehngh.com
ATTORNEY FOR (Wamsj: Plaintiffs

SUPERIOR COURT OF GALIFORNIA, COUNTY OF LOS AN GELES
smeerapess: 825 Maple Ave, .
MAIUNG ADDRESS:
cmaxoupconr; Torrance, CA 90503
sravcinaye: Southwest District

PLAINTIFFIPETITIONER: Frank Alioto and Kristen Alioto, et al.

    

 

 

 

 

 

 

 

 

 

 

 

‘CASE NUMBER:
DEFENDANTIRESPONDENT: Adam Burgess & Lindsay Burgess, et al ¥C063769
Ret.No. ot Fla Nap
PROOF OF SERVICE OF SUMMONS CONFORMED COPY
- OF ORIGINAL
(Separate proof of service ts required far saoh patty served) Los Angeles Supetior Court
1. Atte time of service | was at ieast 18 yours of age and not a party to this action,
2. Iserved copies of: FEB 4 2011
a summons John A. Clarke, Bxecutive Officer/Clek
b complaint . .
& [7%] Altemative Disputs Resolution (ADR) package By T. Rhodes, Deputy
4. (¥] Civil Case Cover Sheet (Served ti complex cases only)
® [7] cross-complaint
t

other (specify documents); Case Management Conf. Notice

a. Parly served (specify name of arly as shown on documents served):
Adam Burgess, individually and dba Playa Fiesta Beacheiub & Hotel

b. (J Porson (other than the party In item 3a
under item Sb on whom substituted s

& Amended Case Management Cont,

) served on behalf of an entlly or as.an authorized egent {and not a person
once was made} (Specify name andi relationshfp (othe party named in tem Sap:

4. Address where the party was served:
479 Steiner Street, #7, San Franscisco, CA 94117
5. | served the party (check proper box)
a, [J by personal service, | Personally delivered the documents listed In te

™n 2 to the party or person authorized to
receive service of process fer the party (1) on (dale):

(2}ad time}:
b. by substituted servica, On (date): at (time): |eft the documents listed in tem 2 with or
in the presence of (name and tite oF relationship fo person indicated in lem 3):

(1) [7] (esiness) a person at least 18 years of age apparent
of the person to be served. | Informed him or her of th

(2) [7] (home) a competent mamber
place of abode of the party, |i

ly In charge at the office ‘or usual place of businass
© general nature of the papors,

Of the household (atleast 18 years of age} at he dweling house or usual

Informed him or her of the general natura of the papers.

(8) [J Aphysteal address unknown) a person ottesst 48
address of the person to be served, other than a U
him or her of the general nature of the papers,

(4) [7] thereafter malled {by first-class, postage prepaid) copies of the documents to the person te be served
at the place where the copies were left (Code Civ. Proc., § 415.20). tmalled the documents on
(date): trom (city): or a declaratton of malling is aitached,
©) (7 tattach a dectaration oF diligence stating actions taken frst to attempt personal serves,

years of age apparently in charge at the usual mailing
nited States Postal Service post office box. | informed

Page tai 2
Form asepted for Mandatory Use

rc us gen "PROOF OF SERVICE OF SUMMONS Cote of oun Pmecite, 8 417.10
dson0 Flv conoay 2007]PLAINTIFFIPETITIONER: GAS NUMBER:
[ CEFENOANTIRESPONDENT: .

by mail and acknowlsdgmont of raceipt of service, | malled the documents listed in item 2 to the party, to the
ardcross shown in item 4, by first-class mal, postage prepalé,

(1) on (date): Tatary Bs, 201722 <: (2) ftom folty): Newport Beach, CA

(3) [22] with two copies of the Natio and Acknowledgment of Recsiet and 2 postage-pald retum envelope addressed
tome. (Attach cornpieted Notice and Acknowledgement of Recelpt) (Code civ, Proc., § 415.30.)
- 4) [7] to en adaress outside Callfornia with return recelpt requested, (Code Cy, Proc., § 415.40.)

o. [1 by other means (spect means of service and authorizing code section):

 

 

 

CCF additional page describing service is altached,

8. The "Notice to the Person Served (on the summons) was completed as follows:
288 an individual defendant,

as the person sued under the fictitious name of (spectiy):

as occupant, .

On behalf et (speci): dba Playa Fiesta Beachchib & Hotel
under tha following Code of Civit Procedure section:

  

ia) 416.10 {corporation} 416.95 (business ergentzation, form unknown)
7 418,20 (defunct corporation) 5 418.80 (minor)
17 446,30 (olnt etook company/assaclation) £7) 418.70 (ward or conservatee}
1) 416.40 (association or partnership) 7) 416.20 (authorized person)
1 448.50 (oubito entity) 2 445.46 (occupant)
ES other:

7, Person who served Papers:
a. Name: Ralph Espitia
b. Address: 100 Bayview Circle, Ste. 5600, Newport Beach, CA 92660
& Telephone number: 949-737-150}
G. The fee for service was: $n/a
e, Jam

(1) [VJ nota registered Catonta process server.
2) [J] exempt trom registration under Business and Professions Code section 22350(6).
(3) F] a registered Catifomia process server:

) (“J owner [J empioyee (7 independent contractor,

{) Registration No:

{i County:

 

' declare under penaliy of perjury under the laws of the Stata of Catffornia that the foregoing ts true and correct,

or
8. [} ram a Colifornia sheriff or marshal and " certify that the foragoing is true and correct,

Date: February 2, 2011

Ralph Bspitia » Cok sacks

{NAME OF PERSON WHO SERVED PADERSIGHERIFF OR MARSHAL) (SIGNATURE)

 

POS.010 FRov. Janney 7, 2007)

PROOF OF SERVICE OF SUMMONS PemezeraPOS.018

 

 

 

 

ATTORNEY OR,  vopen CA Hort (Nome, ee and ediirasa): FOR GOURTUBE ONLY
» 863
I Coriste SaSheere EX BEG. 111220
OPE? McHUGH LEE
100 Bayview Circle, Ste. 5600, Newport Beach, CA 92660
raepHoné No: 949-737~1501 Fax NO, (Optinay: 949-737-1504
aw. Andes (Optoney: LOPEZ [ppeamehueh.comicfountein@lopezmehugh.com
arrortey For (veme): Frank Alioto & Kristen Alioto, Husband & Wife
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles- Southwest District
steer aponess 825 Maple Ave
vauneaoaress 825 Maple Ave
emyanoziroone Torrance, CA 90503
prancH Nave: Southwest District- Torrance
PLAINTIFFIPETITIONER: Frank Alioto & Kristen Alioto, Husband & Wife
DEFENDANT RESPONDENT: Adam Burgess & Lindsay Burgess, Individually, et al,
CASENDBER.
NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL Y¥C063769

 

 

TO (Insert name of party bsing served): Adam Burgess & Lindsay Burgess, dba Playa Fiesta Beachclub Hote!

 

NOTICE

The summons and other dooumants Identifiad below are bslng servad pursuant to sactlon 445.20 of the Callfornle Code cf Civil
Procedure, Your fallure to compiate this form and return kt within 20 days from the date of matting shown below may subject you

(or the party on whose behalf you are belng served) to Iishilly for the payment of any expenses Incurred in serving a summons
on you in any other mannar permitted by law,

If yau are being served on behalf of a corporation, an unincorporated assoslatlon (including a partnership}, or other entity, this

form must be,signed by you in the name of such entity or by a person authorized to receive service of Provess on behalf of such

entity. in all other cases, this form must be signed by you perscnally or by a person authorized by you to acknowledge recelpt of
summons, {f you return this form to the sender, service of a sunwnons Is dzemed complete on the dey you sign the
acknowledgment of receipt below,

 

 

 

Date of mailing: January 25, 2011

Ralph Espitia
(YPEOR PRINT NAME)

 

inal

ACKNOWLEDGMENT OF RECEIPT

‘This acknowledges receipt of (to be completed hy sender before mailing):
1. (21 Acopy of the summons and of the complaint.
2 Other (speci):

Civil Case Cover Sheet; Case Management Conference Notice; Amended Notice of Case
Management Conference; and ADR information sheet,

(To be completed by recipient}:

Date this form fs signed:

y

TYPE ORDFINT VOLIR NAME AND NANE OF ENTITY, IF ANY.
‘ON WHOS:

(SIGNATURE OF PERSON ACKNOMLEDGING RECEIPT, WiTH TITLE
2 BEAL? THIS FORM IS SIGNED)

AGRNOWAEOGHENT [6 MADS OW BEHALF OF ANOTHER PARSON OR ENTITY)

Pagotoft
roan canacte a NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Cie Sa Proms,
posse Ran tn oe, wacom ioePOS.015
ATTORNEY OR PARTY WITHOUT ATTORNEY (Neme, Siale Ber umber end adoress): FOR COURT USE ONLY

/ CA Bi 863.
Bane E kept came NG BEPR. a 1220
tORBZ McHUGH LLP *
00 Bayview Circle, Ste’ 5600, Newport Beach, CA 92660
‘reternone No: 949-737-1501 FAX NO, ;Optonay: 949-737-1504

sgl, ADDRESS (Oplonal: PODS lopezmchugh.com;cfountain@lopezmchugh.com
ATTORNEY FOR amg}: peep iepe & Kristen Alioto, panels e Wife

 

 

SUPERIOR GOURT OF GALIFORNIA, COUNTY OF Los Angeles- Southwest District
streer avoress: 825 Maple Ave .

vazina aooress: 825 Maple Ave
cin aspa cove: Torrance, CA 90503
srance wave: Southwest District- Torrance

 

PLAINTIFFPETITIONER; Frank Alioto & Kristen Alito, Husband & Wife
DEFENDANTIRESPONDENT: Adam Burgess & Lindsay Burgess, Individually, et al.

 

CASE NUWBERE

NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL Y¥C063769

 

 

 

TO {insert name of party being served): Adam Burgess, Individually

 

NOTICE
‘The summons and other documents identified below are belng served pursuant to section 415.30 of the California Code of Civii
Procedure. Your fellure to complete this form and return it within 20 days from the date of malling shown below may subject you

(or the party on whose behalf you are baing served) to llabllty for the payment of any expenses incurred In serving a summons
‘on you In any other manner permitted by law.

Ifyou ars being sorved on bahalf of a corporation, an unincorporated association (Including a partnership), or other entity, this
form must be signad by you In the name of such entity or by & perscn authorized to receive service of process on behalf of such
entity. In al other cates, this form must be signed by you personally or by a person authorized by you to acknowladge recelpt of
summons. if you return this form to the sender, service of @ summons is deemed compiete on the day you sign the

 

acknowledgment of receipt below,

 

 

Date of mailing: January 25, 2011
Ralph Espitia

TYPE OR PRINT NAME) NATURE OF SENDER—MUST | APARY IN THIS CASE}
ACKNOWLEDGMENT OF RECEIPT
This acknowledgas receipt of (to be completed by sender before mailing):
1. EZI Acopy of the summons and of the complaint.
Other (specify):
Civil Case Cover Sheet; Case Management Conference Notice; Amended Notice of Case
Management Conference; and ADR information sheet,

 

(To be completed hy recipfent):

Date this form is signed:

b

TYPE OR PRINT YOUR HAVE ANG AME OF ENTITY, IF ARY. cATSAIURE OF PERSON ACKNOWL EOGING RECHT. Wa TE IE
ON WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY)

age tort
efron Saunt cot NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL cae retire
Pkt Re aay wlcurinen gor“ATTORNEY OR PARTY WITHOUT ATTORNEY (Nome, Slate dar umber, end sddrasst FOR COURTUSE ONLY

|_ Ramon R.Lopez, CA Bar No. 863
Cee Agiehoay ERM. 111220
100 Bayview Cucle, Ste. 5600, Newport Beach, CA 92660

reverHone no: 949-737-1501 Fax1no, (Optonel: 949-737-1504
Esa, ADORESS fOnuonay: TLOpez@)opezmehugh.com;cfountain@lopezmehugh.com
ATTORNEY FOR (Newey: Frank Alioto & Kristen Alioto, Husband & Wifs

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles- Southwest District
grazers aporest: 825 Maple Ave
waiuna anonese B25 Maple Ave
crvanozp cove: Torrance, CA 90503
sranch awe: Southwest Distriet- Torrance

|
|
POS-O15
|
\
|
|
'
|

 

 

PLAINTIFFIPETITIONER: Prank Alioto & Kristen Alioto, Husband & Wife

|
i
i
|
i

DEFENDANT/RESPONDENT: Adam Burgess & Lindsay Burgess, Individually, et al.

 

GASE NUMBER:

NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL. ‘YC063769

 

 

TO finseri name of party being served): Playa Fiesta Beachciub Hote}, a business entity form unknown

 

NOTICE

‘The summons and other documents identified below are betng served pursuant to section 415.30 of the California Code of Civ
Procedure. Your fallure to complete this form and return it within 20 days from the date of mailing shown below may subject you
4 (or the party on whose behalf you are belng served) to lability for the payment of any expenses Incurred In serving a summons:

‘on you In any other manner permitted by iaw.

Hf you are being eerved on behalf af a corporation, an unincorporated assaclation (Including a parinership), or other entity, thls
form must be signed by you In the name of such entity or by a person authorized fo receive service of procass on behaif of such
“enilty. in all other casas, this form must be signed by you paracnelly or by a person authorized by you to acknowledge receipt of
summons, If you return this form to the sender, servica of 2 summons is deemed complate on the day you sign tha
acknowledgment of receipt below,

 

 

 

Dete of mating: January 25, 2012

 

Ralph Espitie

 

IYPE GR PRINT FAK) {SIGNATURE OF SEKOER—-MUST NOT DA PARTY fNTHS CASE

ACKNOWLEDGMENT OF RECEIPT

This acknowledges receipt of (to be completed by sender before mailing):
1 A copy of the summons and of the complaint,
2, Other (specify):

Civil Case Cover Sheet; Case Management Conference Notice; Amended Notice of Case
Managerrient Conference; and ADR information sheet,

(To be completed by recipient):

Date this form is signed:

>

 

 

TPS CREART TOUR RE RB HANE GPT PAW, (SSAATURE OF PERSON AD GDM ESGNSACOEPT WINE
ON WHOSE OS1AlF1H45 FOPOAIS SIGNED} no RES FE nabe ON SSE oF NOREEN PERSON CR ENITY]

Paget ot

pn gop oy Monee se NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Cosel Co Feet,

POS Foy, Joavary 5, 2005), on cto e2004 Iso complete
ten if Pestictel Sanae bescned
a Print'yournnamé.and ‘address on the reverse
cen Yeturn tiye card toyou,
i Attach this‘card to the back of the ‘trallplece,
cr cn the front If space peimits.

id Article Adiroasad tor

ADAM, Burgess

474 STBINER GT. #7
SAM FIASCO, CA

 

BR ceva by (Princ Nema ct Tete Dofveny | }

 

 

D, Iscelvery, ass fbi omen 7 a te
IFYES, entor dalvary address bolow: = CINo ,

 

 

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4 PS Form 88it, February 2004 Domestic Return Reobipt *

CERTIFIED MAIL. persia

      

   

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Bese es‘USPS - Track & Confirm . Page 1 of 1

 
    

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httpiiAzkenfrm1 .smLusps.com/PTSIntermetWeb/InterLabellnquiry.do 2/1/2011POS-010

 

[~ Troy A. Brenes, SBN 249776; Matthew R. Lopez, SBN 236134.

E-MAIL ADDRESS (Ostend: Cfountain@lopeztachugh.com; respitia@iopezichugh.com

‘ATTORNEY OR PARTY WITHOUT ATTORNEY Name, Slate Ber number, and edirossj:
Ramon Rassi Lopez, SBN 86361; Christin Anne Fountain, SBN 111220

100 Bayview Circle, Sts, 5500 Newport Beach, CA 92660
‘euerHione Nos 949-737-1501 FAX HO. (Optonep: 949-737-1504

‘ATTORNEY FOR (Name Plaintiffs

 

 

SUPERIOR COURT OF G; LEONA, county oF LOS ANGELES
staceraoress: 825 Maple Ave.

MALING ADDRESS:
cirraxozeoone: Torrance, CA 90503
arancinwe: Southwest District

 

DEFENDANTIRESPONDENT: Adam Burgess & Lindsay Burgess, et al YC063769

PLAINTIFF/PETIMIONER: Frank Alioto and Kristen Alioto, et al, CASE NUMBER:

 

 

Ral, No, oF FileNos
PROOF OF SERVICE OF SUMMONS

 

 

 

 

 

(Separate proof of service is required for each party served) Conro

At th time of service | was at least 18 years af age and nct a party to this action, RMED Copy
| served copies of: _ OF ORIGINAL Bit japy

- Los 4,
a. {7} summons RBIS Supteige Court
b, [¥} comptaint : FEB og 204}
Alternative Dispute Resolution (ADR) package ~ Jobn A. Clarke Exeont
. > ORCC HE
Civ Case Cover Sheet (served in complex cases only) Ye Offcer/Clork
2, (77) cross-complaint ' ByT Rhodes, p,
other (specify documents); Case Management Conf. Notice & Amended Case Management Conf.
a, Party served (spacify namo of party ae shown on documents served):
Lindsay Burgess, individually and dba Playa Fiesta Beachclub & Hotel

 

eputy

 

b, (7) Person (other than the party in item Sa) served on behaf of an eniity or as an authorized agent {and not a person
under tem Sb on whom substituted service was made) (specify name and relationship to the party named in item Ba):

Address where the party was served:

479 Steiner Street, #7, San Franscisco, CA. 94117

| served the perly (check proper box)

a. [7] by personal service, | personally delivered the documents listed in ter 2 te the party or person authorizes to
recelve service of process for the party (4) on (date): (2) at (time):

b. [2] by substituted service, On (date): al (lime): lish the documents listed In item 2 with or
In the presence of (name ani title or relattonship to parson indicated in tem 3);

14) [7] (business)’a person at leasi 16 years of age epperently In charge at the office or usual place of