On March 20, 2020 a
Proof of Service
was filed
involving a dispute between
Balabbo, Precila,
and
Almar Sales Co., Inc.,
Cvs Pharmacy, Inc.,
for OTHER NON EXEMPT COMPLAINTS
in the District Court of San Francisco County.
Preview
I Evan J. Smith, Esquire (SBN 242352)
Ryan P. Cardona, Esquire (SBN 302113)
2 BRODSKY d'e SMITH, LLC
9595 Wilshirc Blvd., Ste. 900 ELECTRONICALLY
3 Beverly Hills, CA 90212
Telephone: (877) 534-2590
FILED
Superior Court of California,
4 Facsimile: (310) 247-0160 County of San Francisco
07/20/2020
5 rt ttorneys for Pledntiff Clerk of the Court
BY: ERNALYN BURA
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PRECILA BALABBO, Case No. CGC-20-583875
Plaintiff, PROOF OF SERVICE
12
Judge: Ethan P. Schulman
CVS PHARMACY, INC., et al., Dept.: 302
Hearing Date: September 8, 2020
14
Defendants. Hearing Time: 9:30 AM
Reservation ¹:
15
I, Evan J. Smith, Esquire, declare:
16
17
I amover the age of eighteen years, and not a patty to the within action; my business
address is Two Bala Plaza, Suite 805, Bala Cynwyd, PA 19004 and California business address
18 is 9595 Wilshire Blvd., Ste. 900, Beverly Hills, CA 90212. On July 16, 2020, I served:
19 NOTICE OF MOTION AND MOTION TO APPROVE PROPOSITION 65
SETTLEMENT AND CONSENT JUDGMENT;
20
21 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
APPROVE PROPOSITION 65 SETTLKMFNT AND [PROPOSED] CONSFNT
22 JUDGMENT;
23 DECLARATION OF EVAN J. SMITH IN SUPPORT OF MOTION TO APPROVE
PROPOSITION 65 SETTLEMKNT AND [PROPOSFDI CONSFNT JUDGMENT;
24
25 AFFIDAVIT OF COMPLIANCE WITH TIT. 11 CAL. CODE REGS. ]] 3000 ET SEQ.;
26 [PROPOSED] ORDER APPROVING PROPOSITION 65 SETTLEMKNT AND
[PROPOSED] CONSENT JUDGMFNT; and
27
[PROPOSED] CONSENT JUDGMENT
28
-I-
PROOF OF SERVICE
I Upon the following:
Office of the Califoniia Attorney General
c/o Proposition 65 Enforcement Reporting
Attention: Prop 65 Coordinator
Office of the Attorney General
2550 Mariposa Mall, Suite 5090
Fresno, CA 93721
6
And
7
J. Robert Maxwell
ROGERS JOSEPH O'DONNEL
A Professional Law Corporation
311 California Street, 10th Fl.
San Francisco, CA 94104
10
Counsel for Defendant
12 X (SY FEDERAL EXPRESS)
13 I am readily familiar with the business practice of my place of employment in respect to
the collection and processing of correspondence, pleadings and notices for delivery by
14 Federal Express. Under thc practice it would be deposited with Federal Express on that
15
same day with postage thereon fully prepared at Bala Cynwyd, PA in the ordinary course
of business. I am aware that on motion of the party served, service is presumed invalid if
16 delivery by Federal Express is more than one day after date of deposit with Federal
Express.
17
Ideclare under penalty of perjury that the foregoing is true and correct, and that I am
einployed at the office of a member of the bar of this Court and at whose direction the
service was made.
20 Executed July 16, 2020.
21 6 +va'. Smith
22
23
24
25
26
27
-2-
PROOF OF SERVICE
Document Filed Date
July 20, 2020
Case Filing Date
March 20, 2020
Category
OTHER NON EXEMPT COMPLAINTS
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Preview
I Evan J. Smith, Esquire (SBN 242352) Ryan P. Cardona, Esquire (SBN 302113) 2 BRODSKY d'e SMITH, LLC 9595 Wilshirc Blvd., Ste. 900 ELECTRONICALLY 3 Beverly Hills, CA 90212 Telephone: (877) 534-2590 FILED Superior Court of California, 4 Facsimile: (310) 247-0160 County of San Francisco 07/20/2020 5 rt ttorneys for Pledntiff Clerk of the Court BY: ERNALYN BURA Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PRECILA BALABBO, Case No. CGC-20-583875 Plaintiff, PROOF OF SERVICE 12 Judge: Ethan P. Schulman CVS PHARMACY, INC., et al., Dept.: 302 Hearing Date: September 8, 2020 14 Defendants. Hearing Time: 9:30 AM Reservation ¹: 15 I, Evan J. Smith, Esquire, declare: 16 17 I amover the age of eighteen years, and not a patty to the within action; my business address is Two Bala Plaza, Suite 805, Bala Cynwyd, PA 19004 and California business address 18 is 9595 Wilshire Blvd., Ste. 900, Beverly Hills, CA 90212. On July 16, 2020, I served: 19 NOTICE OF MOTION AND MOTION TO APPROVE PROPOSITION 65 SETTLEMENT AND CONSENT JUDGMENT; 20 21 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO APPROVE PROPOSITION 65 SETTLKMFNT AND [PROPOSED] CONSFNT 22 JUDGMENT; 23 DECLARATION OF EVAN J. SMITH IN SUPPORT OF MOTION TO APPROVE PROPOSITION 65 SETTLEMKNT AND [PROPOSFDI CONSFNT JUDGMENT; 24 25 AFFIDAVIT OF COMPLIANCE WITH TIT. 11 CAL. CODE REGS. ]] 3000 ET SEQ.; 26 [PROPOSED] ORDER APPROVING PROPOSITION 65 SETTLEMKNT AND [PROPOSED] CONSENT JUDGMFNT; and 27 [PROPOSED] CONSENT JUDGMENT 28 -I- PROOF OF SERVICE I Upon the following: Office of the Califoniia Attorney General c/o Proposition 65 Enforcement Reporting Attention: Prop 65 Coordinator Office of the Attorney General 2550 Mariposa Mall, Suite 5090 Fresno, CA 93721 6 And 7 J. Robert Maxwell ROGERS JOSEPH O'DONNEL A Professional Law Corporation 311 California Street, 10th Fl. San Francisco, CA 94104 10 Counsel for Defendant 12 X (SY FEDERAL EXPRESS) 13 I am readily familiar with the business practice of my place of employment in respect to the collection and processing of correspondence, pleadings and notices for delivery by 14 Federal Express. Under thc practice it would be deposited with Federal Express on that 15 same day with postage thereon fully prepared at Bala Cynwyd, PA in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if 16 delivery by Federal Express is more than one day after date of deposit with Federal Express. 17 Ideclare under penalty of perjury that the foregoing is true and correct, and that I am einployed at the office of a member of the bar of this Court and at whose direction the service was made. 20 Executed July 16, 2020. 21 6 +va'. Smith 22 23 24 25 26 27 -2- PROOF OF SERVICE