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KAQUISHKA TURNER, ESQ., State Bar No. 302360
TENDERLOIN HOUSING CLINIC, INC.
San Francisco, CA. 94102 FILED
Telephone: (415) 923-9846 San Francisco County Sunerior Court
Facsimile: (415) 923-5899
E-mail: Kashishka@thclinic.org APR 25 2019
12 COURT
Attorney for Plaintiff on Fle Or Ine C
. Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO - LIMITED CIVIL JURISDICTION
TENDERLOIN HOUSING CLINIC,
INC.,
Case No. CUD-19-664466
EX-PARTE APPLICATION FOR
SERVICE OF SUMMONS AND
COMPLAINT BY
POSTING; MEMORANDUM OF POINTS
AND AUTHORITIES; DECLARATION
OF PLAINTIFF’S COUNSEL
[CCP § 415.45]
Plaintiff,
vs.
ERIC HOLLIN
Defendant.
See
Plaintiff hereby makes an Ex-Parte Application to the Court for an Order pursuant to
§ 415.45 of the California Code of Civil Procedure that the Summons issued by the Clerk of
the Court in this action along with a copy of the Complaint on file herein be served upon
Defendant by posting a copy thereof on the premises described as 1139 Market Street, Room
#122, San Francisco, CA 94103, by affixing a copy of said Summons and Complaint on the
door of the Defendant’s dwelling and mailing a copy of the Summons and Complaint by
certified mail, to said Defendant at the above described premises or if any new address is
ascertained before the expiration of the time prescribed for posting of the Summons and
Complaint, to such address and proof thereof made to this Court, as provided by § 417.10(e) of
the California Code of Civil Procedure.
EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]Plaintiff has used due diligence in attempting to serve Defendant Eric Hollin as stated
in the attached “Declaration of Due Diligence” which is hereby incorporated by reference.
Plaintiff has been unable to locate Defendant in order to affect personal or substituted
service. Fulfilling the requirements of posting and mailing will act to satisfy the notice
requirements and will allow Plaintiff to take the default of the Defendant.
Plaintiff requests the Court permit service in this manner so Plaintiff may move
forward with its case.
DATED: April 24, 2019
KAQUISHKA TURNER, ESQ.
Attorney for Plaintiff
EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]N
oOo OR DH PR Ww
MEMORANDUM OF POINTS AND AUTHORITIES
Section 415.45 of the California Code of Civil Procedure authorizes a “posting and
mailing” method of service in unlawful detainer actions upon a showing by affidavit or
declaration under penalty of perjury that a Defendant cannot with reasonable diligence be
served in any authorized manner other than publication. California Practice Guide, Landlord-
Tenant, Chapter 8 “Unlawful Detainer Litigation: Pretrial” page 8-45, § 8:120, et seq.
The Court must give prior approval to this method of service. Such approval may be
granted only upon a showing (by affidavit or declaration under penalty of perjury, § 2015.5 of
the California Code of Civil Procedure) that the Defendant cannot with due diligence be served
in any authorized manner other than publication. California Code of Civil Procedure, §
415.45(a).
If court approval is obtained § 415.45 service is effectuated by posting a copy of the
summons and complaint on the tenants; premises in a manner most likely to give actual notice;
and sending a copy by certified mail to the tenant’s last known address. California Code of
Civil Procedure, § 415.45(b). :
“Nail and Mail” service is complete on the tenth day after posting and mailing.
California Code of Civil Procedure, § 415.45(c).
\\
EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]DECLARATION OF PLAINTIFF’S COUNSEL
Plaintiffs attorney, Kaquishka Turner, declare as follows:
1. lam the Plaintiff's attorney in the above-entitled action, in Unlawful Detainer,
in which I seek to recover possession of that certain real property located in the City of San
Francisco, County of San Francisco, State of California, known as 1139 Market Street, Room
#122, San Francisco, CA 94103, I move the Court for an order to serve Defendant by posting
and mailing, pursuant to § 415.45 of the Code of Civil Procedure.
2. Section 415.45 of the California Code of Civil Procedure authorizes a “posting
and mailing” method of service in unlawful detainer actions upon a showing by affidavit or
declaration under penalty of perjury that a Defendant cannot with reasonable diligence be
served in any authorized manner other than publication. Defendant Eric Hollin cannot with due
diligence be served in any manner other than by publication because said Defendant Eric
Hollin either has not been home at any of the many times service of process has been attempted
or while home has refused to answer the door to avoid service of process at the following
times:
1. On April 11, 2019 at 7:30 p.m.;
2. On April 13, 2019 at 7:00 a.m.;
3. On April 14, 2019 at 12:30 p.m.;
4, On April 15, 2019 at 7:55 a.m..; and
5. On April 18, 2019 : at 4:20 p.m.
A Declaration of Reasonable Diligence by Process Server Andy Esquer, who has first-hand
knowledge that Personal Service was attempted, is attached hereto as “Exhibit 1.”
3. Defendant Eric Hollin’s business address is unknown to Plaintiff, Plaintiff's
staff and attorney.
4. On January 18, 2019, Plaintiff's agent served Defendant Eric Hollin a Three (3)
Day Notice to Pay Rent or Quit for his breach of covenants in his rental agreement. Defendant
failed to surrender possession of the premises upon expiration of the three-day notice period,
EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]oO YD DH PB Ww NY
NR Ye NY YN NY NY NY Be Be we Be Be Be ew ew ew
NAUK Bw NH F Swe w&w A DAA BO NH FS
2
»
and did not pay outstanding rent. The Defendant continues to hold and occupy the premises
without Plaintiff's consent.
5. On the basis of Defendant’s violation of his rental agreement by failure to pay
rent, Plaintiff has a right to possession of the premises from Defendant.
WHEREFORE, I pray for an order of this Court that the Summons and Complaint shall
be posted on said premises on the front door, which is most likely to give actual notice to
Defendant Eric Hollin and that I be directed to forthwith mail a copy of the Summons and
Complaint to Defendant.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and, if sworn as a witness, I can testify personally thereto.
Executed on the 24" day of April in San Francisco, California.
By:
KAQUIS. TURNER, ESQ.
Attorney for Plaintiff
EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]SAN FRANGISEG SUPERIOR COURT
Tendariein Housing Clinic, inc
Plant
“ Sase Ne..GUB-18-684686
Gris Hollin
Gefendant
AFFIDAVIT OF BUE DILIGENCE
That, Andy & equar, hareby colomiy declare undar the penalties ef parjury and upon personal knewlsdgo that the
Portente of t the lowing document we true and do atin | lama compan person Over 18 years of age ond not a party
That | received within assignment for servica on 4/3/2019 and after due and ailigent effort | have not been able to serve
said person. | attempted service on this servee on the follawing dates and times:
SERVEE: Eric Hollin
DOCUMENTS: Complaint-Unlawful Detainer
4/11/2019 7:30 PM Home No anqwer, No No Response at door. No Sounds. No Movement heard from
ineide room.
1139 Market st. #122, San Francisco, CA 94103
4113/2019 7:00 AM Home No Answer. No Reeponse at Room Door. There are no Sounds. No
Movement detected from the inside of the room
1138 Market St. #122, San Francisco, CA 94103
4/14/2019 42:30 PM Home No sound. No movement heard from inside the room. No answer. No
: response at room door. No signs of any activity.
1138 Market St. #122, San Francisco, CA $4103
4/15/2019 7:85 AM Home interior of room is quiet. There's no detectable movement or sounds. No
answer at the door. No signs of activity.
1139 Market St. #122, San Francisco, CA 94103
Continued on Next Page
'
‘That the fea for this Service is $
Contracted gy SOLANO LEGAL
710 Empire Strest,
Fairfield, CA 94533
(707) 426-6066
Order #:23667
‘Their File
tdhcbot +SAN FRANCISCO SUPERIOR COURT
Tenderloin Housing Clinic, Inc
“ Case No,:CUD-19-664486
Bric Hollin
Dafendant
APFIDAVIT OF DUE DILIGENCE
That | Andy juer, hereby solemly declare under the penalties of perjury and rsonal knowledge that the
fontente i fie foloning document are tus ond Go ers ama SoMpater parson over 1B years of age and not a party
That | received within assignment for service on 4/3/2019 and after due and diligent effort | have not been able to serve
said person. | attempted service on this servee on the following dates and times:
SERVEE: Eric Hollin
DOCUMENTS: Complaint-Unlawtul Detainer
4/18/2019 4:20 PM Home No answer, no movement heard. Quiet inside.
1139 Market St. #122, San Francieco, CA 94103
That the fee for this Service is $
710 Empire Street,
Fairfield, CA 94533
(707) 426-6066
Preview
KAQUISHKA TURNER, ESQ., State Bar No. 302360 TENDERLOIN HOUSING CLINIC, INC. San Francisco, CA. 94102 FILED Telephone: (415) 923-9846 San Francisco County Sunerior Court Facsimile: (415) 923-5899 E-mail: Kashishka@thclinic.org APR 25 2019 12 COURT Attorney for Plaintiff on Fle Or Ine C . Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO - LIMITED CIVIL JURISDICTION TENDERLOIN HOUSING CLINIC, INC., Case No. CUD-19-664466 EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45] Plaintiff, vs. ERIC HOLLIN Defendant. See Plaintiff hereby makes an Ex-Parte Application to the Court for an Order pursuant to § 415.45 of the California Code of Civil Procedure that the Summons issued by the Clerk of the Court in this action along with a copy of the Complaint on file herein be served upon Defendant by posting a copy thereof on the premises described as 1139 Market Street, Room #122, San Francisco, CA 94103, by affixing a copy of said Summons and Complaint on the door of the Defendant’s dwelling and mailing a copy of the Summons and Complaint by certified mail, to said Defendant at the above described premises or if any new address is ascertained before the expiration of the time prescribed for posting of the Summons and Complaint, to such address and proof thereof made to this Court, as provided by § 417.10(e) of the California Code of Civil Procedure. EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]Plaintiff has used due diligence in attempting to serve Defendant Eric Hollin as stated in the attached “Declaration of Due Diligence” which is hereby incorporated by reference. Plaintiff has been unable to locate Defendant in order to affect personal or substituted service. Fulfilling the requirements of posting and mailing will act to satisfy the notice requirements and will allow Plaintiff to take the default of the Defendant. Plaintiff requests the Court permit service in this manner so Plaintiff may move forward with its case. DATED: April 24, 2019 KAQUISHKA TURNER, ESQ. Attorney for Plaintiff EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]N oOo OR DH PR Ww MEMORANDUM OF POINTS AND AUTHORITIES Section 415.45 of the California Code of Civil Procedure authorizes a “posting and mailing” method of service in unlawful detainer actions upon a showing by affidavit or declaration under penalty of perjury that a Defendant cannot with reasonable diligence be served in any authorized manner other than publication. California Practice Guide, Landlord- Tenant, Chapter 8 “Unlawful Detainer Litigation: Pretrial” page 8-45, § 8:120, et seq. The Court must give prior approval to this method of service. Such approval may be granted only upon a showing (by affidavit or declaration under penalty of perjury, § 2015.5 of the California Code of Civil Procedure) that the Defendant cannot with due diligence be served in any authorized manner other than publication. California Code of Civil Procedure, § 415.45(a). If court approval is obtained § 415.45 service is effectuated by posting a copy of the summons and complaint on the tenants; premises in a manner most likely to give actual notice; and sending a copy by certified mail to the tenant’s last known address. California Code of Civil Procedure, § 415.45(b). : “Nail and Mail” service is complete on the tenth day after posting and mailing. California Code of Civil Procedure, § 415.45(c). \\ EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]DECLARATION OF PLAINTIFF’S COUNSEL Plaintiffs attorney, Kaquishka Turner, declare as follows: 1. lam the Plaintiff's attorney in the above-entitled action, in Unlawful Detainer, in which I seek to recover possession of that certain real property located in the City of San Francisco, County of San Francisco, State of California, known as 1139 Market Street, Room #122, San Francisco, CA 94103, I move the Court for an order to serve Defendant by posting and mailing, pursuant to § 415.45 of the Code of Civil Procedure. 2. Section 415.45 of the California Code of Civil Procedure authorizes a “posting and mailing” method of service in unlawful detainer actions upon a showing by affidavit or declaration under penalty of perjury that a Defendant cannot with reasonable diligence be served in any authorized manner other than publication. Defendant Eric Hollin cannot with due diligence be served in any manner other than by publication because said Defendant Eric Hollin either has not been home at any of the many times service of process has been attempted or while home has refused to answer the door to avoid service of process at the following times: 1. On April 11, 2019 at 7:30 p.m.; 2. On April 13, 2019 at 7:00 a.m.; 3. On April 14, 2019 at 12:30 p.m.; 4, On April 15, 2019 at 7:55 a.m..; and 5. On April 18, 2019 : at 4:20 p.m. A Declaration of Reasonable Diligence by Process Server Andy Esquer, who has first-hand knowledge that Personal Service was attempted, is attached hereto as “Exhibit 1.” 3. Defendant Eric Hollin’s business address is unknown to Plaintiff, Plaintiff's staff and attorney. 4. On January 18, 2019, Plaintiff's agent served Defendant Eric Hollin a Three (3) Day Notice to Pay Rent or Quit for his breach of covenants in his rental agreement. Defendant failed to surrender possession of the premises upon expiration of the three-day notice period, EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]oO YD DH PB Ww NY NR Ye NY YN NY NY NY Be Be we Be Be Be ew ew ew NAUK Bw NH F Swe w&w A DAA BO NH FS 2 » and did not pay outstanding rent. The Defendant continues to hold and occupy the premises without Plaintiff's consent. 5. On the basis of Defendant’s violation of his rental agreement by failure to pay rent, Plaintiff has a right to possession of the premises from Defendant. WHEREFORE, I pray for an order of this Court that the Summons and Complaint shall be posted on said premises on the front door, which is most likely to give actual notice to Defendant Eric Hollin and that I be directed to forthwith mail a copy of the Summons and Complaint to Defendant. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and, if sworn as a witness, I can testify personally thereto. Executed on the 24" day of April in San Francisco, California. By: KAQUIS. TURNER, ESQ. Attorney for Plaintiff EX-PARTE APPLICATION FOR SERVICE OF SUMMONS AND COMPLAINT BY POSTING; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PLAINTIFF’S COUNSEL [CCP § 415.45]SAN FRANGISEG SUPERIOR COURT Tendariein Housing Clinic, inc Plant “ Sase Ne..GUB-18-684686 Gris Hollin Gefendant AFFIDAVIT OF BUE DILIGENCE That, Andy & equar, hareby colomiy declare undar the penalties ef parjury and upon personal knewlsdgo that the Portente of t the lowing document we true and do atin | lama compan person Over 18 years of age ond not a party That | received within assignment for servica on 4/3/2019 and after due and ailigent effort | have not been able to serve said person. | attempted service on this servee on the follawing dates and times: SERVEE: Eric Hollin DOCUMENTS: Complaint-Unlawful Detainer 4/11/2019 7:30 PM Home No anqwer, No No Response at door. No Sounds. No Movement heard from ineide room. 1139 Market st. #122, San Francisco, CA 94103 4113/2019 7:00 AM Home No Answer. No Reeponse at Room Door. There are no Sounds. No Movement detected from the inside of the room 1138 Market St. #122, San Francisco, CA 94103 4/14/2019 42:30 PM Home No sound. No movement heard from inside the room. No answer. No : response at room door. No signs of any activity. 1138 Market St. #122, San Francisco, CA $4103 4/15/2019 7:85 AM Home interior of room is quiet. There's no detectable movement or sounds. No answer at the door. No signs of activity. 1139 Market St. #122, San Francisco, CA 94103 Continued on Next Page ' ‘That the fea for this Service is $ Contracted gy SOLANO LEGAL 710 Empire Strest, Fairfield, CA 94533 (707) 426-6066 Order #:23667 ‘Their File tdhcbot +SAN FRANCISCO SUPERIOR COURT Tenderloin Housing Clinic, Inc “ Case No,:CUD-19-664486 Bric Hollin Dafendant APFIDAVIT OF DUE DILIGENCE That | Andy juer, hereby solemly declare under the penalties of perjury and rsonal knowledge that the fontente i fie foloning document are tus ond Go ers ama SoMpater parson over 1B years of age and not a party That | received within assignment for service on 4/3/2019 and after due and diligent effort | have not been able to serve said person. | attempted service on this servee on the following dates and times: SERVEE: Eric Hollin DOCUMENTS: Complaint-Unlawtul Detainer 4/18/2019 4:20 PM Home No answer, no movement heard. Quiet inside. 1139 Market St. #122, San Francieco, CA 94103 That the fee for this Service is $ 710 Empire Street, Fairfield, CA 94533 (707) 426-6066