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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
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11 INDEPENDENT FINANCIAL GROUP, LLC, Case No.: 21CV001264
on its own behalf and as assignee of Adolfo
12 Artalejo; Rod Belton and Nancy Belton; James CROSS-COMPLAINANT FP
Cornelius and June Cornelius; John Favero and TRANSITIONS, LLC’S, EX PARTE
13 Philayna Favero; Ray Moncada and Vinnie APPLICATION FOR ORDER AND
Moncada; Sheryl Peck; Juanita Stoddard; Ron PUBLICATION OF SUMMONS [C.C.P.
14 Taylor and Hazel Taylor; Jane Beery; Joy §415.50]; DECLARATION IN SUPPORT
Chandler; John Day; Sim Granoff and Virginia
15 Lott; Gretchen Jackson; William Miller and Dept.: 14
Sharon Miller; Darryl Prudden; Carolyn Rice; Judge: Hon. Carrie M. Pannetta
16 John Romero and Sandy Romero; Bennie Hill
and Lynda Hill; Ellen Koskinen; George Lynch
17 and Helen Lynch; Matthew Panziera and Jamie
Panziera; and Tom Sgheiza and Mary Sgheiza,
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Plaintiff,
19 v.
20 FP TRANSITIONS, LLC and DOES 1-50,
INCLUSIVE,
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Defendants.
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FP TRANSITIONS, LLC,
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Cross-Complainant,
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v.
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INDEPENDENT FINANCIAL GROUP, LLC,
26 David Marshall, Marshall Wealth Management
Group and ROES 1-25, INCLUSIVE,
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Cross-Defendants.
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CROSS-COMPLAINANT FP TRANSITIONS, LLC’S EX PARTE 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 MARSHALL WEALTH MANAGEMENT GROUP, a
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presently inactive California limited liability company whose Registered Agent is Cross-Defendant
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DAVID MARSHALL, by publication in a newspaper of general circulation, pursuant to Code of Civil
5
Procedure Section 415.50.
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7 Such application is made upon the ground that Cross-Defendant cannot with reasonable diligence
8 be located and served by any other manner specified in Code of Civil Procedure Sections 415.10 through
9 415.30 and that, as shown by the Complaint on file herein, causes of action for Implied Equitable
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Indemnity, Negligent Misrepresentation, Tort of Another, Declaratory Relief, and Contribution exist
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against the Cross-Defendant.
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This application is based on the attached Declaration in Support and the complete files and
13
records of this action.
14
15 Respectfully submitted,
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DATED: September 28, 2022
17 MURPHY, PEARSON, BRADLEY & FEENEY
18
19 By
Bryan L. Saalfeld
20 Thomas F. Mazzucco
Attorneys for Plaintiff
21 FP TRANSITIONS, LLC
22
HAR.4396164.docx
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CROSS-COMPLAINANT FP TRANSITIONS, LLC’S EX PARTE 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:
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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.
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3. This declaration is being submitted pursuant to provisions of C.C.P §415.50 in support of
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Plaintiff’s Application for an Order Directing Publication of Summons against Cross-Defendant
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MARSHALL WEALTH MANAGEMENT GROUP.
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4. The Complaint in this action was filed on April 28, 2022, and contains causes of action
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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
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informed and believe that publication of summons in said newspaper is most likely to give actual notice
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to Cross-Defendant because my office learned that its Registered Agent is Cross-Defendant DAVID
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MARSHALL, who resides with his daughter part time at 3020 Sherwood Ave, Apt. 252, Modesto, CA
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22 95350, and in a van at an undisclosed location at other times.
23 6. Prior to learning Cross-Defendant’s current address, my office attempted service of the
24 Summons and Complaint on Cross-Defendant at its listed registered agent’s address on record with the
25 California Secretary of State, 12075 Carola Dr, Carmel Valley, CA 93924, but learned from a female at
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the residence that Cross-Defendant DAVID MARSHALL sold this residence on November 3, 2021, as
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evidenced by Escrow paperwork she presented to the process server.
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CROSS-COMPLAINANT FP TRANSITIONS, LLC’S EX PARTE 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.
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8. As shown by the Declaration of Due Diligence by Nick Ruiz, hereinafter referred to as
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7 “process server,” which is attached hereto as Exhibit A and made a part hereof, attempts to serve
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.
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9. I am unaware of any other reasonable source of information or informant that would have
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facts leading me to locate the Defendant. I cannot, after reasonable diligence, locate and serve the party.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true
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and correct.
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15
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DATED: September 28, 2022
17
18
By
19 Bryan L. Saalfeld
20
HAR.4396177.docx
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CROSS-COMPLAINANT FP TRANSITIONS, LLC’S EX PARTE APPLICATION FOR ORDER AND
PUBLICATION OF SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT
EXHIBIT
A
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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 11 INDEPENDENT FINANCIAL GROUP, LLC, Case No.: 21CV001264 on its own behalf and as assignee of Adolfo 12 Artalejo; Rod Belton and Nancy Belton; James CROSS-COMPLAINANT FP Cornelius and June Cornelius; John Favero and TRANSITIONS, LLC’S, EX PARTE 13 Philayna Favero; Ray Moncada and Vinnie APPLICATION FOR ORDER AND Moncada; Sheryl Peck; Juanita Stoddard; Ron PUBLICATION OF SUMMONS [C.C.P. 14 Taylor and Hazel Taylor; Jane Beery; Joy §415.50]; DECLARATION IN SUPPORT Chandler; John Day; Sim Granoff and Virginia 15 Lott; Gretchen Jackson; William Miller and Dept.: 14 Sharon Miller; Darryl Prudden; Carolyn Rice; Judge: Hon. Carrie M. Pannetta 16 John Romero and Sandy Romero; Bennie Hill and Lynda Hill; Ellen Koskinen; George Lynch 17 and Helen Lynch; Matthew Panziera and Jamie 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 EX PARTE 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 MARSHALL WEALTH MANAGEMENT GROUP, a 3 presently inactive California limited liability company whose Registered Agent is Cross-Defendant 4 DAVID MARSHALL, by publication in a newspaper of general circulation, pursuant to Code of Civil 5 Procedure Section 415.50. 6 7 Such application is made upon the ground that Cross-Defendant cannot with reasonable diligence 8 be located and served by any other manner specified in Code of Civil Procedure Sections 415.10 through 9 415.30 and that, as shown by the Complaint on file herein, causes of action for Implied Equitable 10 Indemnity, Negligent Misrepresentation, Tort of Another, Declaratory Relief, and Contribution exist 11 against the Cross-Defendant. 12 This application is based on the attached Declaration in Support and the complete files and 13 records of this action. 14 15 Respectfully submitted, 16 DATED: September 28, 2022 17 MURPHY, PEARSON, BRADLEY & FEENEY 18 19 By Bryan L. Saalfeld 20 Thomas F. Mazzucco Attorneys for Plaintiff 21 FP TRANSITIONS, LLC 22 HAR.4396164.docx 23 24 25 26 27 28 -2- CROSS-COMPLAINANT FP TRANSITIONS, LLC’S EX PARTE 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 12 MARSHALL WEALTH MANAGEMENT GROUP. 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 its Registered Agent is Cross-Defendant DAVID 20 MARSHALL, who resides with his daughter part time at 3020 Sherwood Ave, Apt. 252, Modesto, CA 21 22 95350, and in a van at an undisclosed location at other times. 23 6. Prior to learning Cross-Defendant’s current address, my office attempted service of the 24 Summons and Complaint on Cross-Defendant at its listed registered agent’s address on record with the 25 California Secretary of State, 12075 Carola Dr, Carmel Valley, CA 93924, but learned from a female at 26 the residence that Cross-Defendant DAVID MARSHALL sold this residence on November 3, 2021, as 27 evidenced by Escrow paperwork she presented to the process server. 28 -3- CROSS-COMPLAINANT FP TRANSITIONS, LLC’S EX PARTE 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 8. 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 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 9. I am unaware of any other reasonable source of information or informant that would have 11 facts leading me to locate the Defendant. I cannot, after reasonable diligence, locate and serve the party. 12 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 13 and correct. 14 15 16 DATED: September 28, 2022 17 18 By 19 Bryan L. Saalfeld 20 HAR.4396177.docx 21 22 23 24 25 26 27 28 -4- CROSS-COMPLAINANT FP TRANSITIONS, LLC’S EX PARTE APPLICATION FOR ORDER AND PUBLICATION OF SUMMONS [C.C.P. §415.50]; DECLARATION IN SUPPORT EXHIBIT A