Preview
POS-040
JATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO: 124,887
Name: Stephen L, Collier, Esq.
FIRM NAME: Tenderloin Housing Clinic, Inc.
STREET ADDRESS: 126 Hyde Street, 2nd Floor
city: San Francisco state: CA —ZIPCope: 94102
TELEPHONE NO.: (415) 771-9850 FAXNO.: (415) 771-1287
E-MAIL ADDRESS: steve@thclinic.org
ATTORNEY FOR (name): Defendants Lisa Awbrey and Jason Alexander
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
STREET ADDRESS: 400 McAllister Street
MAILING ADDRESS:
city AND zip cope: ~— San Francisco, CA 94102
BRANCH NAME: Unlimited Civil Jurisdiction
Plaintiff/Petitioner: Michael Plotkowski and Anette Gupner
Defendant/Respondent: Lisa Awbrey, et al.
FOR COURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
05/28/2019
Clerk of the Court
BY: VANESSA WU
Deputy Clerk
‘CASE NUMBER:
CUD-19-664730
PROOF OF SERVICE—CIVIL
Check method of service (only one):
(—) By Personal Service x_] By Mail [ By Overnight Delivery DEPARTMENT:
[) By Messenger Service By Fax
Do not use this form to show service of a summons and complaint or for electronic service.
See USE OF THIS FORM on page 3.
1. At the time of service | was over 18 years of age and not a party to this action.
2. My residence or business address is:
Tenderloin Housing Clinic, Inc., 126 Hyde Street, 2nd Floor, San Francisco, CA 94102
3. The fax number from which | served the documents is (complete if service was by fax):
4. On (date): May 28, 2019 \ served the following documents (specify):
x_] The documents are listed in the Attachment to Proof of Service-Civil (Documents Served) (form POS-040(D)).
5. | served the documents on the person or persons below, as follows:
a. Name of person served: Ronald D. Schivo, Esq.; Ray Yetka, Esq.
b. [4¢] (Complete if service was by personal service, mail, overnight delivery, or messenger service.)
Business or residential address where person was served:
Utrecht & Lenvin, LLP, 109 Stevenson Street, Sth Floor, San Francisco, CA 94105
c. (Complete if service was by fax.)
Fax number where person was served:
[] The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service—
Civil (Persons Served) (form POS-040(P)).
6. The documents were served by the following means (specify):
a. (_) By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) For a
party represented by an attomey, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the
attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an
individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by
leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For
a party, delivery was made to the party or by leaving the documents at the party's residence with some person not
younger than 18 years of age between the hours of eight in the morning and six in the evening.
Page 1 of 3
Form Approved for Optional Us | Code of Civil Procedure, §§ 1011, 1013, 1013a,
Suit Counc of Catfoma PROOF OF SERVICE—CIVIL or pts: Cal Rue of Cou 2 06
POS-040 (Rev. February 1, 2017] (Proof of Service) www courts ca govPOS-040
CASE NAME: CASE NUMBER:
ichael Plotkowski, et al. v. Lisa Awbrey, et al. CUD-19-664730
6. b. [<] By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses in item 5 and (specify one):
(1) [4€] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2) [] placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence
is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
| am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state): San Francisco, CA
c. By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier
and addressed to the persons at the addresses in item 5. | placed the envelope or package for collection and overnight
delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
d. [__] By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at
the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the
messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)
e. [_] By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents
to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the
record of the fax transmission, which | printed out, is attached.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: May 28, 2019
Steven Shubert
(TYPE OR PRINT NAME OF DECLARANT) NATURE OF DECLARANT)
(if item 6d above is checked, the declaration below must be completed or a separaté-déclaration from w’ messenger must be attached.)
DECLARATION OF MESSENGER
[—) By personal service. | personally delivered the envelope or package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by
leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served,
with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or
Papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the
evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person
not younger than 18 years of age between the hours of eight in the morning and six in the evening.
At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding.
| served the envelope or package, as stated above, on (date):
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
>
(NAME OF DECLARANT} (SIGNATURE OF DECLARANT)
P0S-040 [Rev February 12017] PROOF OF SERVICE—CIVIL Page 2 013
(Proof of Service)POS-040(D)
le TITLE: Michael Plotkowski, et al v. Lisa Awbrey, et al. CASE NUMBER: |
CUD-19-664730
ATTACHMENT TO PROOF OF SERVICE—CIVIL (DOCUMENTS SERVED)
(This Attachment is for use with form POS-040)
The documents that were served are as follows (describe each document specifically):
Defendants" Notice of Demurrer and Demurrer to Complaint for Unlawful Detainer
Detainer
Notice of Motion and Motion to Reclassify
Defendants' Memorandum of Points and Authorities in Support of Demurrer to Complaint for Unlawful
(Memorandum of Points and Authorities in Support of Motion to Reclassify
Defendants' Request for Judicial Notice in Support of Demurrer to Complaint for Unlawful Detainer and
Motion to Reclassify
ee Granting Motion to Reclassi
Formac Counc ofCattenia. ATTACHMENT TO PROOF OF SERVICE—CIVIL (DOCUMENTS SERVED) Page of _
POS-040(D) [New January 1, 2005] (Proof of Service)
Preview
POS-040 JATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO: 124,887 Name: Stephen L, Collier, Esq. FIRM NAME: Tenderloin Housing Clinic, Inc. STREET ADDRESS: 126 Hyde Street, 2nd Floor city: San Francisco state: CA —ZIPCope: 94102 TELEPHONE NO.: (415) 771-9850 FAXNO.: (415) 771-1287 E-MAIL ADDRESS: steve@thclinic.org ATTORNEY FOR (name): Defendants Lisa Awbrey and Jason Alexander [SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: 400 McAllister Street MAILING ADDRESS: city AND zip cope: ~— San Francisco, CA 94102 BRANCH NAME: Unlimited Civil Jurisdiction Plaintiff/Petitioner: Michael Plotkowski and Anette Gupner Defendant/Respondent: Lisa Awbrey, et al. FOR COURT USE ONLY ELECTRONICALLY FILED Superior Court of California, County of San Francisco 05/28/2019 Clerk of the Court BY: VANESSA WU Deputy Clerk ‘CASE NUMBER: CUD-19-664730 PROOF OF SERVICE—CIVIL Check method of service (only one): (—) By Personal Service x_] By Mail [ By Overnight Delivery DEPARTMENT: [) By Messenger Service By Fax Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. 1. At the time of service | was over 18 years of age and not a party to this action. 2. My residence or business address is: Tenderloin Housing Clinic, Inc., 126 Hyde Street, 2nd Floor, San Francisco, CA 94102 3. The fax number from which | served the documents is (complete if service was by fax): 4. On (date): May 28, 2019 \ served the following documents (specify): x_] The documents are listed in the Attachment to Proof of Service-Civil (Documents Served) (form POS-040(D)). 5. | served the documents on the person or persons below, as follows: a. Name of person served: Ronald D. Schivo, Esq.; Ray Yetka, Esq. b. [4¢] (Complete if service was by personal service, mail, overnight delivery, or messenger service.) Business or residential address where person was served: Utrecht & Lenvin, LLP, 109 Stevenson Street, Sth Floor, San Francisco, CA 94105 c. (Complete if service was by fax.) Fax number where person was served: [] The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service— Civil (Persons Served) (form POS-040(P)). 6. The documents were served by the following means (specify): a. (_) By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) For a party represented by an attomey, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. Page 1 of 3 Form Approved for Optional Us | Code of Civil Procedure, §§ 1011, 1013, 1013a, Suit Counc of Catfoma PROOF OF SERVICE—CIVIL or pts: Cal Rue of Cou 2 06 POS-040 (Rev. February 1, 2017] (Proof of Service) www courts ca govPOS-040 CASE NAME: CASE NUMBER: ichael Plotkowski, et al. v. Lisa Awbrey, et al. CUD-19-664730 6. b. [<] By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) [4€] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) [] placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. | am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): San Francisco, CA c. By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. | placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. d. [__] By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e. [_] By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the record of the fax transmission, which | printed out, is attached. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: May 28, 2019 Steven Shubert (TYPE OR PRINT NAME OF DECLARANT) NATURE OF DECLARANT) (if item 6d above is checked, the declaration below must be completed or a separaté-déclaration from w’ messenger must be attached.) DECLARATION OF MESSENGER [—) By personal service. | personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or Papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding. | served the envelope or package, as stated above, on (date): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: > (NAME OF DECLARANT} (SIGNATURE OF DECLARANT) P0S-040 [Rev February 12017] PROOF OF SERVICE—CIVIL Page 2 013 (Proof of Service)POS-040(D) le TITLE: Michael Plotkowski, et al v. Lisa Awbrey, et al. CASE NUMBER: | CUD-19-664730 ATTACHMENT TO PROOF OF SERVICE—CIVIL (DOCUMENTS SERVED) (This Attachment is for use with form POS-040) The documents that were served are as follows (describe each document specifically): Defendants" Notice of Demurrer and Demurrer to Complaint for Unlawful Detainer Detainer Notice of Motion and Motion to Reclassify Defendants' Memorandum of Points and Authorities in Support of Demurrer to Complaint for Unlawful (Memorandum of Points and Authorities in Support of Motion to Reclassify Defendants' Request for Judicial Notice in Support of Demurrer to Complaint for Unlawful Detainer and Motion to Reclassify ee Granting Motion to Reclassi Formac Counc ofCattenia. ATTACHMENT TO PROOF OF SERVICE—CIVIL (DOCUMENTS SERVED) Page of _ POS-040(D) [New January 1, 2005] (Proof of Service)