Preview
1 Bryan L. Saalfeld - 243331
BSaalfeld@mpbf.com
2 Thomas F. Mazzucco - 306681
TFMazzucco@mpbf.com
3 MURPHY, PEARSON, BRADLEY & FEENEY
580 California Street, Suite 1100
4 San Francisco, CA 94104-1001
Telephone: (415) 788-1900
5 Facsimile: (415) 393-8087
6 Attorneys for Plaintiff
FP TRANSITIONS, LLC
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF MONTEREY
10
INDEPENDENT FINANCIAL GROUP, LLC, Case No.: 21CV001264
11 on its own behalf and as assignee of Adolfo
Artalejo; Rod Belton and Nancy Belton; James CROSS-COMPLAINANT FP
12 Cornelius and June Cornelius; John Favero and TRANSITIONS, LLC’S, EX PARTE
Philayna Favero; Ray Moncada and Vinnie APPLICATION FOR ORDER AND
13 Moncada; Sheryl Peck; Juanita Stoddard; Ron PUBLICATION OF SUMMONS [C.C.P.
Taylor and Hazel Taylor; Jane Beery; Joy §415.50]; DECLARATION IN SUPPORT
14 Chandler; John Day; Sim Granoff and Virginia
Lott; Gretchen Jackson; William Miller and Dept.: 14
15 Sharon Miller; Darryl Prudden; Carolyn Rice; Judge: Hon. Carrie M. Panetta
John Romero and Sandy Romero; Bennie Hill
16 and Lynda Hill; Ellen Koskinen; George Lynch
and Helen Lynch; Matthew Panziera and Jamie
17 Panziera; and Tom Sgheiza and Mary Sgheiza,
18 Plaintiff,
19 v.
20 FP TRANSITIONS, LLC and DOES 1-50,
INCLUSIVE,
21
Defendants.
22
FP TRANSITIONS, LLC,
23
Cross-Complainant,
24
v.
25
INDEPENDENT FINANCIAL GROUP, LLC,
26 David Marshall, Marshall Wealth Management
Group and ROES 1-25, INCLUSIVE,
27
Cross-Defendants.
28
-1-
CROSS-COMPLAINANT FP TRANSITIONS, LLC’S APPLICATION FOR ORDER AND PUBLICATION OF
SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT
1 COMES NOW Cross-Complainants FP TRANSITIONS, LLC applies for an order directing
2 service of summons on Cross-Defendant DAVID MARSHALL, an individual, by publication in a
3
newspaper of general circulation, pursuant to Code of Civil Procedure Section 415.50.
4
Such application is made upon the ground that Cross-Defendant cannot with reasonable diligence
5
be located and served by any other manner specified in Code of Civil Procedure Sections 415.10 through
6
7 415.30 and that, as shown by the Complaint on file herein, causes of action for Implied Equitable
8 Indemnity, Negligent Misrepresentation, Tort of Another, Declaratory Relief, and Contribution exist
9 against the Cross-Defendant.
10
This application is based on the attached Declaration in Support and the complete files and
11
records of this action.
12
Respectfully submitted,
13
14 DATED: September 28, 2022
MURPHY, PEARSON, BRADLEY & FEENEY
15
16
By
17 Bryan L. Saalfeld
Thomas F. Mazzucco
18 Attorneys for Plaintiff
FP TRANSITIONS, LLC
19
20 HAR.4396164.docx
21
22
23
24
25
26
27
28
-2-
CROSS-COMPLAINANT FP TRANSITIONS, LLC’S APPLICATION FOR ORDER AND PUBLICATION OF
SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT
1 DECLARATION IN SUPPORT
2 I, Bryan L. Saalfeld, declare the following in support of my application to permit service on the
3
defendant by publication:
4
1. I am an attorney duly licensed to practice in the State of California. I am one of the
5
attorneys of record for Cross-Complainant FP TRANSITIONS, LLC.
6
7 2. The facts set forth in this declaration are personally known to me and I have firsthand
8 knowledge of these facts. If called upon to testify before the court in this action, I could and would testify
9 thereto under oath.
10
3. This declaration is being submitted pursuant to provisions of C.C.P §415.50 in support of
11
Plaintiff’s Application for an Order Directing Publication of Summons against Cross-Defendant DAVID
12
MARSHALL.
13
4. The Complaint in this action was filed on April 28, 2022, and contains causes of action
14
15 for Implied Equitable Indemnity, Negligent Misrepresentation, Tort of Another, Declaratory Relief, and
16 Contribution.
17 5. The Modesto Bee is a newspaper of general circulation, published in California. I am
18
informed and believe that publication of summons in said newspaper is most likely to give actual notice
19
to Cross-Defendant because my office learned that Cross-Defendant DAVID MARSHALL resides with
20
his daughter part time at 3020 Sherwood Ave, Apt. 252, Modesto, CA 95350, and that he also lives in a
21
22 van at an undisclosed location.
23 6. Prior to learning Cross-Defendant’s current address, my office attempted service of the
24 Summons and Complaint on Cross-Defendant at his address of record, 12075 Carola Dr, Carmel Valley,
25 CA 93924, but learned from a female at the residence that Cross-Defendant sold this residence on
26
November 3, 2021, as evidenced by Escrow paperwork she presented to the process server.
27
28
-3-
CROSS-COMPLAINANT FP TRANSITIONS, LLC’S APPLICATION FOR ORDER AND PUBLICATION OF
SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT
1 7. After requesting and obtaining a skip trace report, my office then attempted two (2)
2 separate four-hour stakeouts and service of the Summons and Complaint at Cross-Defendant’s current
3
address – 3020 Sherwood Ave, Apt. 252, Modesto, CA 95350 – but was unsuccessful. Attached and
4
incorporated herein as Exhibit A are the attempts made to serve him at his address.
5
1. As shown by the Declaration of Due Diligence by Nick Ruiz, hereinafter referred to as
6
7 “process server,” which is attached hereto as Exhibit A and made a part hereof, attempts to serve Cross-
8 Defendant with process in this action were made by the process server at the places, on the dates, and at
9 the times indicated, and were unsuccessful.
10
2. I am unaware of any other reasonable source of information or informant that would have
11
facts leading me to locate the Cross-Defendant. I cannot, after reasonable diligence, locate and serve the
12
party.
13
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
14
15 and correct.
16
17
DATED: September 28, 2022
18
19
By
20 Bryan L. Saalfeld
21
HAR.4396177.docx
22
23
24
25
26
27
28
-4-
CROSS-COMPLAINANT FP TRANSITIONS, LLC’S APPLICATION FOR ORDER AND PUBLICATION OF
SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT
EXHIBIT
A
Preview
1 Bryan L. Saalfeld - 243331 BSaalfeld@mpbf.com 2 Thomas F. Mazzucco - 306681 TFMazzucco@mpbf.com 3 MURPHY, PEARSON, BRADLEY & FEENEY 580 California Street, Suite 1100 4 San Francisco, CA 94104-1001 Telephone: (415) 788-1900 5 Facsimile: (415) 393-8087 6 Attorneys for Plaintiff FP TRANSITIONS, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF MONTEREY 10 INDEPENDENT FINANCIAL GROUP, LLC, Case No.: 21CV001264 11 on its own behalf and as assignee of Adolfo Artalejo; Rod Belton and Nancy Belton; James CROSS-COMPLAINANT FP 12 Cornelius and June Cornelius; John Favero and TRANSITIONS, LLC’S, EX PARTE Philayna Favero; Ray Moncada and Vinnie APPLICATION FOR ORDER AND 13 Moncada; Sheryl Peck; Juanita Stoddard; Ron PUBLICATION OF SUMMONS [C.C.P. Taylor and Hazel Taylor; Jane Beery; Joy §415.50]; DECLARATION IN SUPPORT 14 Chandler; John Day; Sim Granoff and Virginia Lott; Gretchen Jackson; William Miller and Dept.: 14 15 Sharon Miller; Darryl Prudden; Carolyn Rice; Judge: Hon. Carrie M. Panetta John Romero and Sandy Romero; Bennie Hill 16 and Lynda Hill; Ellen Koskinen; George Lynch and Helen Lynch; Matthew Panziera and Jamie 17 Panziera; and Tom Sgheiza and Mary Sgheiza, 18 Plaintiff, 19 v. 20 FP TRANSITIONS, LLC and DOES 1-50, INCLUSIVE, 21 Defendants. 22 FP TRANSITIONS, LLC, 23 Cross-Complainant, 24 v. 25 INDEPENDENT FINANCIAL GROUP, LLC, 26 David Marshall, Marshall Wealth Management Group and ROES 1-25, INCLUSIVE, 27 Cross-Defendants. 28 -1- CROSS-COMPLAINANT FP TRANSITIONS, LLC’S APPLICATION FOR ORDER AND PUBLICATION OF SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT 1 COMES NOW Cross-Complainants FP TRANSITIONS, LLC applies for an order directing 2 service of summons on Cross-Defendant DAVID MARSHALL, an individual, by publication in a 3 newspaper of general circulation, pursuant to Code of Civil Procedure Section 415.50. 4 Such application is made upon the ground that Cross-Defendant cannot with reasonable diligence 5 be located and served by any other manner specified in Code of Civil Procedure Sections 415.10 through 6 7 415.30 and that, as shown by the Complaint on file herein, causes of action for Implied Equitable 8 Indemnity, Negligent Misrepresentation, Tort of Another, Declaratory Relief, and Contribution exist 9 against the Cross-Defendant. 10 This application is based on the attached Declaration in Support and the complete files and 11 records of this action. 12 Respectfully submitted, 13 14 DATED: September 28, 2022 MURPHY, PEARSON, BRADLEY & FEENEY 15 16 By 17 Bryan L. Saalfeld Thomas F. Mazzucco 18 Attorneys for Plaintiff FP TRANSITIONS, LLC 19 20 HAR.4396164.docx 21 22 23 24 25 26 27 28 -2- CROSS-COMPLAINANT FP TRANSITIONS, LLC’S APPLICATION FOR ORDER AND PUBLICATION OF SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT 1 DECLARATION IN SUPPORT 2 I, Bryan L. Saalfeld, declare the following in support of my application to permit service on the 3 defendant by publication: 4 1. I am an attorney duly licensed to practice in the State of California. I am one of the 5 attorneys of record for Cross-Complainant FP TRANSITIONS, LLC. 6 7 2. The facts set forth in this declaration are personally known to me and I have firsthand 8 knowledge of these facts. If called upon to testify before the court in this action, I could and would testify 9 thereto under oath. 10 3. This declaration is being submitted pursuant to provisions of C.C.P §415.50 in support of 11 Plaintiff’s Application for an Order Directing Publication of Summons against Cross-Defendant DAVID 12 MARSHALL. 13 4. The Complaint in this action was filed on April 28, 2022, and contains causes of action 14 15 for Implied Equitable Indemnity, Negligent Misrepresentation, Tort of Another, Declaratory Relief, and 16 Contribution. 17 5. The Modesto Bee is a newspaper of general circulation, published in California. I am 18 informed and believe that publication of summons in said newspaper is most likely to give actual notice 19 to Cross-Defendant because my office learned that Cross-Defendant DAVID MARSHALL resides with 20 his daughter part time at 3020 Sherwood Ave, Apt. 252, Modesto, CA 95350, and that he also lives in a 21 22 van at an undisclosed location. 23 6. Prior to learning Cross-Defendant’s current address, my office attempted service of the 24 Summons and Complaint on Cross-Defendant at his address of record, 12075 Carola Dr, Carmel Valley, 25 CA 93924, but learned from a female at the residence that Cross-Defendant sold this residence on 26 November 3, 2021, as evidenced by Escrow paperwork she presented to the process server. 27 28 -3- CROSS-COMPLAINANT FP TRANSITIONS, LLC’S APPLICATION FOR ORDER AND PUBLICATION OF SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT 1 7. After requesting and obtaining a skip trace report, my office then attempted two (2) 2 separate four-hour stakeouts and service of the Summons and Complaint at Cross-Defendant’s current 3 address – 3020 Sherwood Ave, Apt. 252, Modesto, CA 95350 – but was unsuccessful. Attached and 4 incorporated herein as Exhibit A are the attempts made to serve him at his address. 5 1. As shown by the Declaration of Due Diligence by Nick Ruiz, hereinafter referred to as 6 7 “process server,” which is attached hereto as Exhibit A and made a part hereof, attempts to serve Cross- 8 Defendant with process in this action were made by the process server at the places, on the dates, and at 9 the times indicated, and were unsuccessful. 10 2. I am unaware of any other reasonable source of information or informant that would have 11 facts leading me to locate the Cross-Defendant. I cannot, after reasonable diligence, locate and serve the 12 party. 13 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 14 15 and correct. 16 17 DATED: September 28, 2022 18 19 By 20 Bryan L. Saalfeld 21 HAR.4396177.docx 22 23 24 25 26 27 28 -4- CROSS-COMPLAINANT FP TRANSITIONS, LLC’S APPLICATION FOR ORDER AND PUBLICATION OF SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT EXHIBIT A