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PLD-C-001
ATTORNEV OR PARTV WITHOUT ATTORNEY (Name, State Bar number and addressi
FOR COURT USE ONL Y
Luis Esparza SBN 229054
Esparza Law Group. PC
PO Box 343. Santa Barbara. CA 93102
TELEPHONE No 805 564-1013 FAX no(Optional) ELECTRONICALLY FILED
E-MAIL ADDRESS (UDlIonal) Superior Court of California
Andres P Mendez
ATTORNEY FOR (Name) County of Santa Barbara
SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA BARBARA Darrel E. Parker, Executive Officer
STREET ADDRESS1100 Anacaoa
MAILING ADDRESS
9/22/2021 11:28 AM
cm Santa Barbara 93101
AND ZIP CODE By: Terri Chavez, Deputy
BRANCH NAME Anacaoa
PLAINTIFF: ANDRES P MENDEZ
DEFENDANT: MARIA M CATALAN
E DOES 1 TO 10
CONTRACT
I:I COMPLAINT I:I
X AMENDED COMPLAINT (Number): FIRST
I:I CROSS-COMPLAINT [:I AMENDED CROSS-COMPLAINT (Number):
Jurisdiction (check all that apply):
I: ACTION IS A LIMITED CIVIL CASE
CASE NUMBER
Amount demanded I:] does not exceed $10,000
[:I exceeds $10,000 but does not exceed $25,000
21CV03401
|:]
x ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
CI ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
: from limited to unlimited
:I from unlimited to limited
1. Plaintiff‘ (name or names):
Andres P Mendez
alleges causes of action against defendant' (name or names).
Maria M Catalan, and DOES 1-10
2. This pleading. including attachments and exhibits, consists of the followrng number of pages:6
3. a. Each plaintiff named above is a competent adult
1:] except plaintiff (name):
(1) |:| a corporation qualified to do busnness in California
(2) [:] an unincorporated entity (describe):
(3) (3 other (specify).-
b. |:] Plaintiff (name):
at i has complied with the fictitious busmess name laws and is doing business under the fictitious name (specify):
b. [:3 has complied with all licensmg requirements as a licensed (specify)
c, [3 who
information about additional plaintiffs are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above is a natural person
[:3 except defendant (name): [:J except defendant (name):
(1) [:1 a business organization. form unknown (1) a busnness organization, form unknown
(2) [:l a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) i (describe):
a public entity (4) [:3 a public entity (describe):
[:]
__
(5) other (specify): (5) other (specify):
' i
mss-numplamani and defendant means nmss-rleler'idant
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lr'LD-C-UOI [REV
PLD-C-001
SHORT TITLE CASE NUMBER'
MENDEZ V. CATALAN. et 8'.
21CV03401
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) Doe defendants (specify Doe numbers): 1-5 were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) [Z] Doe defendants (specify Doe numbers): 6-10 are persons whose capacities are unknown to
plaintiff.
c. 1:] Information about additional defendants who are not natural persons is contained in Attachment 4c.
d. [:j Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. |:] Plaintiff is required to comply with a claims statute, and
a. I: has complied with applicable claims statutes, or
b. [:j is excused from complying because (specify):
6. C] This action is subject to [:] Civil Code section 1812.10 Civil Code section 2984.4.
7. This court is the proper court because
DUDQEQB
a defendant entered into the contract here.
a defendant lived here when the contract was entered into.
a defendant lives here now.
the contract was to be performed here.
a defendant is a corporation or unincorporated association and its principal place of business is here.
real property that is the subject of this action is located here.
other (specify):
8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
1:] Breach of Contract
x Common Counts
x
[Z] Other (specify):
Unjust Enrichment; Beach of Implied Covenant of Good Faith & Fair Dealing
9. |:] Other allegations:
10. Plaintiff prays for judgment for costs of suit; for such relief as
is fair. just, and equitable; and for
a. [Z] damages of: $70.000.00
b. [1'] interest on the damages
(1) [2] according to proof
(2) |:] at the rate of(specify): percent per year from (date):
c. [:l attorney's fees
(1) j:] of:$
(2) [:l according to proof.
d. [:J
x other (specify):imposition of constructive trust, equitable lien, or any such relief the court finds is appropriate.
11, |: The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers).
Date: Sept. 21, 2021
Luis Esparza, Attorney
// (
[TYPE OR PRINT NAME) [SIGNATURE OF PLAINTIFF OR ATTORNEY.
(If you wish to verify this pleading, affix a verification.)
PLO-00m |RevJanuary
I2007] COMPLA|~T_c°n"-act Page2 of 2
— — —
For your protection and privacy. please press the Clear
This Form button after you have prlnted the form. Print this form Save this form Cier this form
PLD-C-001(1)
SHORT TITLE: CASE NUMBER
MENDEZ v. CATALAN, et al. 21CV03401
FIRST CAUSE OF ACTION—Breach of Contract
tnurnbcn
ATTACHMENT TO Complaint [3 Cross - Complaint
(Use a separate cause of action form for each cause of action.)
BC-1. Plaintiff (name):Andres P Mendez
alleges that on or aout (date): 3/7/202 I
a Cl written oral :1 other (specify):
agreement was made between (name parties to agreement):
Plaintiff Andres P Mendez. Defendant Maria M Catalan. and DOES l-IO
Cl A copy of the agreement is attached as Exhibit A. or
The essential terms of the agreement 1:] are stated inAttachment 80-1 (:1 are as follows (specify):
Complete repayment of $80,000.00 previously lent with initial $10,000.00 payment made on
3/7/2021 and subsequent monthly payments of at least S I.00000 per month.
BC-2. On or about (dates): May 202 I
I .
defendant breached the agreement by the acts specified in Attachment BC-2 the following acts
(specify):
failing to make any payments at all after the initial $10,000.00 payment made on 3/7/202 I.
30-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
804 Plaintiff suffered damages legally (proxrmately) caused by defendant's breach of the agreement
[:1 as stated in Attachment BC-4 m as follows (specify):
balance owed of$70,000.00.
BC-S. [:3 Plaintiff is entitled to attorney fees by an agreement or a statute
—] of 5
[wt] according to proof.
BC-G. C] Other:
Page 7777}
__ , __ _ _ "6"?“
Fum'mmmm'”WWW“ CAUSE OF ACTION—Breach of Contract ”“1004CW"
Jtlflmlfll Council (It California WWW;-”I £42513“
WWWPHII In” gm;
200”
PLDvC-OO‘HJIRQV. January
1.
PL-C-001(2)
SHORT TITLE: CASE NUMBER:
MENDEZ v. CATALAN. ct ul. 21CV03401
SECOND CAUSE OF ACTION—Common Counts
inumbevi
ATTACHMENT TO El Complaint Cross—Complaint
(Use a separate cause of action form for each cause of action.)
CC-i. Plaintiff (name):Andres P Mendez
alleges that defendant (name): Maria M Catalan and DOES l-Il.)
became indebted to plaintiff [:1 other (name):
a. [3 within the last four years
(1) [_—_| on an open book account for money due.
(2) El because an account was stated in writing by and between plaintiff and defendant in whichit
was agreed that defendant was indebted to plaintiff.
b. within the last two years :1 four years
(1) [:J for money had and received by defendant for the use and benefit of plaintiff.
(2) D for work, labor. services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
j the sum of S
the reasonable value.
(3) [:1 for goods. wares. and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
:1 the sum of 5
C3 the reasonable value.
(4) for money lent by plaintiff to defendant at defendant's request.
(5) for money paid. laid out. and expended to or for defendant at defendant's speCial instance and
request
(6) |_j other (specify).
CC-2. $ 70.000.00 .which is the reasonable value. is due and unpaid despite plaintiff‘s demand.
plus prejudgment interest [Z] according to proof 1:] at the rate of percent per year
from (date): 3/7/2021
C03. L1,] Plaintiff is entitled to attorney fees by an agreement or a statute
U of35
L:] according to proof.
00.4. [3 Other
Page ..__ .’4
Page1of1
“0““0'
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Judicial Count.“ of California
CAUSE OF ACTION—Common Counts C'V'IZilcfigfiLfnii 1:59;:
F‘LD~C-00Ii2) (Rev. January ‘
200‘.“
SHORT TITLE: MENDEZ v. CATALAN, et a1. CASE NUMBER:
21CV03401
THIRD CAUSE OF ACTION: Unjust Enrichment
Plaintiff ANDRES P MENDEZ alleges that Defendant MARIA M CATALAN, and DOES 1-10,
received a benefit and unjustly retained said benefit at the expense of another. Upon information and
belief, Defendant MARIA M CATALAN, and DOES 1-10, utilized the funds provided by Plaintiff
ANDRES P MENDEZ to purchase real property which is stillowned by Defendants. By repaying only
$10,000 of the original $80,000 provided by Plaintiff, not paying any interest whatsoever, and receiving
the benefit of the property and its appreciation in value, Defendants have been unjustly enriched at the
expense of Plaintiff by the 2021 breach of contract. Thus, Plaintiff ANDRES P MENDEZ prays for
the imposition of a constructive trust, equitable lien, or other such relief the Court finds is appropriate.
10
11 FOURTH CAUSE OF ACTION: Breach of Implied Covenant of Good Faith and Fair Dealing
12 On or about 5/1/2021, Defendant MARIA M CATALAN, and DOES 1—10, breach their duty to do
13 everything that the contract presupposes that each party will do to accomplish its purpose and of the
14 implied covenant of good fiath and fair dealing by failing t0 cooperate with plaintiff in its performance.
15 Repaying only $10,000 of the original $80,000 provided by Plaintiff ANDRES P MENDEZ and refusing
16 to make monthly payments thereafter as agreed to by the parties constitutes a breach of commercial norms.
17
18
19
20
21
22
23
24
25
26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27
—This page may be used with any Judicial Council form or any other paper filed with the court.
Form Approved by the ADDITIONAL PAGE
Page 5
Judicia' Council 0' California Attach to Judicial Council Form or Other Court Paper CRC 201.501
MC—OZO [New January 1. 1987]
PROOF 0F SERVICE
California Code of Civil Procedure 101 1-1013a
I am employed in the County of Santa Barbara, State of California. I am over the age of
eighteen years and not a party to the within action; my business address is Post Office Box 343,
Santa Barbara, CA 93102.
On 9/21, 2021, at Santa Barbara, CA, l served the foregoing documents described as:
FIRST AMENDED COMPLAINT
on the interested parties in this action by placing a true/original copy thereof enclosed in a sealed
envelope addressed as follows:
Maria M Catalan Courtesy copy: Jan Eric Kaestner
10
1007 Montecito St Ghitterman, Ghitterman & Feld
11
Santa Barbara, CA 93103 418 E Canon Perdido St, Santa Barbara CA 93101
12 A (BY MAIL) l am “readily familiar” with the firm’s practice of collection and processing
correspondence for mailing. Under the practice, it would be deposited with the USPS on that
l3
same day with postage thereon fully prepaid at Santa Barbara, California, in the ordinary course
14 of business. I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter is more than one day after date of deposit for mailing in
15 affidavit.
16
_ (BY PERSONAL DELIVERY) l caused such envelope to be delivered by hand to a
l7 representative of the addressee.
18
_ (BY FACSIMILE) I served the foregoing document described above on all interested parties
19
in this action by sending the document via facsimile pursuant to rule 2005. The parties’ fax
number that l used is listed above.
20
_ (BY OVERNIGHT SERVICE) I caused an envelope to be hand delivered to a representative
21 of Overnight Service at Santa Barbara, California; whereupon said envelope is to be delivered by
hand to a representative of the addressee on the next business day.
22
23 Executed on 9/21, 2021, at Santa Barbara, California.
24 I declare under penalty of perjury, under the laws of the State of California that the foregoing is
true and correct.
25
26
Ethan Arnold
27
28
PROOF OF SERVICE
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PLD-C-001 ATTORNEV OR PARTV WITHOUT ATTORNEY (Name, State Bar number and addressi FOR COURT USE ONL Y Luis Esparza SBN 229054 Esparza Law Group. PC PO Box 343. Santa Barbara. CA 93102 TELEPHONE No 805 564-1013 FAX no(Optional) ELECTRONICALLY FILED E-MAIL ADDRESS (UDlIonal) Superior Court of California Andres P Mendez ATTORNEY FOR (Name) County of Santa Barbara SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA BARBARA Darrel E. Parker, Executive Officer STREET ADDRESS1100 Anacaoa MAILING ADDRESS 9/22/2021 11:28 AM cm Santa Barbara 93101 AND ZIP CODE By: Terri Chavez, Deputy BRANCH NAME Anacaoa PLAINTIFF: ANDRES P MENDEZ DEFENDANT: MARIA M CATALAN E DOES 1 TO 10 CONTRACT I:I COMPLAINT I:I X AMENDED COMPLAINT (Number): FIRST I:I CROSS-COMPLAINT [:I AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): I: ACTION IS A LIMITED CIVIL CASE CASE NUMBER Amount demanded I:] does not exceed $10,000 [:I exceeds $10,000 but does not exceed $25,000 21CV03401 |:] x ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) CI ACTION IS RECLASSIFIED by this amended complaint or cross-complaint : from limited to unlimited :I from unlimited to limited 1. Plaintiff‘ (name or names): Andres P Mendez alleges causes of action against defendant' (name or names). Maria M Catalan, and DOES 1-10 2. This pleading. including attachments and exhibits, consists of the followrng number of pages:6 3. a. Each plaintiff named above is a competent adult 1:] except plaintiff (name): (1) |:| a corporation qualified to do busnness in California (2) [:] an unincorporated entity (describe): (3) (3 other (specify).- b. |:] Plaintiff (name): at i has complied with the fictitious busmess name laws and is doing business under the fictitious name (specify): b. [:3 has complied with all licensmg requirements as a licensed (specify) c, [3 who information about additional plaintiffs are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person [:3 except defendant (name): [:J except defendant (name): (1) [:1 a business organization. form unknown (1) a busnness organization, form unknown (2) [:l a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) i (describe): a public entity (4) [:3 a public entity (describe): [:] __ (5) other (specify): (5) other (specify): ' i mss-numplamani and defendant means nmss-rleler'idant iilaiiilill means ll lnls lurm is used as a I'ro's‘s«t.0lilpidiltl Page10| 2 Form Anpmvmt tor Optional Usn Jtldlfllfll (Touuvnl n1 (Intriguing. COMPLAINT—COH‘YSC‘ i151.) (.min at CMI Pumndeirp i; :0"!!! January l lr'LD-C-UOI [REV PLD-C-001 SHORT TITLE CASE NUMBER' MENDEZ V. CATALAN. et 8'. 21CV03401 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) Doe defendants (specify Doe numbers): 1-5 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) [Z] Doe defendants (specify Doe numbers): 6-10 are persons whose capacities are unknown to plaintiff. c. 1:] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. [:j Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. |:] Plaintiff is required to comply with a claims statute, and a. I: has complied with applicable claims statutes, or b. [:j is excused from complying because (specify): 6. C] This action is subject to [:] Civil Code section 1812.10 Civil Code section 2984.4. 7. This court is the proper court because DUDQEQB a defendant entered into the contract here. a defendant lived here when the contract was entered into. a defendant lives here now. the contract was to be performed here. a defendant is a corporation or unincorporated association and its principal place of business is here. real property that is the subject of this action is located here. other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): 1:] Breach of Contract x Common Counts x [Z] Other (specify): Unjust Enrichment; Beach of Implied Covenant of Good Faith & Fair Dealing 9. |:] Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair. just, and equitable; and for a. [Z] damages of: $70.000.00 b. [1'] interest on the damages (1) [2] according to proof (2) |:] at the rate of(specify): percent per year from (date): c. [:l attorney's fees (1) j:] of:$ (2) [:l according to proof. d. [:J x other (specify):imposition of constructive trust, equitable lien, or any such relief the court finds is appropriate. 11, |: The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers). Date: Sept. 21, 2021 Luis Esparza, Attorney // ( [TYPE OR PRINT NAME) [SIGNATURE OF PLAINTIFF OR ATTORNEY. (If you wish to verify this pleading, affix a verification.) PLO-00m |RevJanuary I2007] COMPLA|~T_c°n"-act Page2 of 2 — — — For your protection and privacy. please press the Clear This Form button after you have prlnted the form. Print this form Save this form Cier this form PLD-C-001(1) SHORT TITLE: CASE NUMBER MENDEZ v. CATALAN, et al. 21CV03401 FIRST CAUSE OF ACTION—Breach of Contract tnurnbcn ATTACHMENT TO Complaint [3 Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name):Andres P Mendez alleges that on or aout (date): 3/7/202 I a Cl written oral :1 other (specify): agreement was made between (name parties to agreement): Plaintiff Andres P Mendez. Defendant Maria M Catalan. and DOES l-IO Cl A copy of the agreement is attached as Exhibit A. or The essential terms of the agreement 1:] are stated inAttachment 80-1 (:1 are as follows (specify): Complete repayment of $80,000.00 previously lent with initial $10,000.00 payment made on 3/7/2021 and subsequent monthly payments of at least S I.00000 per month. BC-2. On or about (dates): May 202 I I . defendant breached the agreement by the acts specified in Attachment BC-2 the following acts (specify): failing to make any payments at all after the initial $10,000.00 payment made on 3/7/202 I. 30-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. 804 Plaintiff suffered damages legally (proxrmately) caused by defendant's breach of the agreement [:1 as stated in Attachment BC-4 m as follows (specify): balance owed of$70,000.00. BC-S. [:3 Plaintiff is entitled to attorney fees by an agreement or a statute —] of 5 [wt] according to proof. BC-G. C] Other: Page 7777} __ , __ _ _ "6"?“ Fum'mmmm'”WWW“ CAUSE OF ACTION—Breach of Contract ”“1004CW" Jtlflmlfll Council (It California WWW;-”I £42513“ WWWPHII In” gm; 200” PLDvC-OO‘HJIRQV. January 1. PL-C-001(2) SHORT TITLE: CASE NUMBER: MENDEZ v. CATALAN. ct ul. 21CV03401 SECOND CAUSE OF ACTION—Common Counts inumbevi ATTACHMENT TO El Complaint Cross—Complaint (Use a separate cause of action form for each cause of action.) CC-i. Plaintiff (name):Andres P Mendez alleges that defendant (name): Maria M Catalan and DOES l-Il.) became indebted to plaintiff [:1 other (name): a. [3 within the last four years (1) [_—_| on an open book account for money due. (2) El because an account was stated in writing by and between plaintiff and defendant in whichit was agreed that defendant was indebted to plaintiff. b. within the last two years :1 four years (1) [:J for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor. services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. j the sum of S the reasonable value. (3) [:1 for goods. wares. and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff :1 the sum of 5 C3 the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) for money paid. laid out. and expended to or for defendant at defendant's speCial instance and request (6) |_j other (specify). CC-2. $ 70.000.00 .which is the reasonable value. is due and unpaid despite plaintiff‘s demand. plus prejudgment interest [Z] according to proof 1:] at the rate of percent per year from (date): 3/7/2021 C03. L1,] Plaintiff is entitled to attorney fees by an agreement or a statute U of35 L:] according to proof. 00.4. [3 Other Page ..__ .’4 Page1of1 “0““0' “WWW““U' ““0"” U“ Judicial Count.“ of California CAUSE OF ACTION—Common Counts C'V'IZilcfigfiLfnii 1:59;: F‘LD~C-00Ii2) (Rev. January ‘ 200‘.“ SHORT TITLE: MENDEZ v. CATALAN, et a1. CASE NUMBER: 21CV03401 THIRD CAUSE OF ACTION: Unjust Enrichment Plaintiff ANDRES P MENDEZ alleges that Defendant MARIA M CATALAN, and DOES 1-10, received a benefit and unjustly retained said benefit at the expense of another. Upon information and belief, Defendant MARIA M CATALAN, and DOES 1-10, utilized the funds provided by Plaintiff ANDRES P MENDEZ to purchase real property which is stillowned by Defendants. By repaying only $10,000 of the original $80,000 provided by Plaintiff, not paying any interest whatsoever, and receiving the benefit of the property and its appreciation in value, Defendants have been unjustly enriched at the expense of Plaintiff by the 2021 breach of contract. Thus, Plaintiff ANDRES P MENDEZ prays for the imposition of a constructive trust, equitable lien, or other such relief the Court finds is appropriate. 10 11 FOURTH CAUSE OF ACTION: Breach of Implied Covenant of Good Faith and Fair Dealing 12 On or about 5/1/2021, Defendant MARIA M CATALAN, and DOES 1—10, breach their duty to do 13 everything that the contract presupposes that each party will do to accomplish its purpose and of the 14 implied covenant of good fiath and fair dealing by failing t0 cooperate with plaintiff in its performance. 15 Repaying only $10,000 of the original $80,000 provided by Plaintiff ANDRES P MENDEZ and refusing 16 to make monthly payments thereafter as agreed to by the parties constitutes a breach of commercial norms. 17 18 19 20 21 22 23 24 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 —This page may be used with any Judicial Council form or any other paper filed with the court. Form Approved by the ADDITIONAL PAGE Page 5 Judicia' Council 0' California Attach to Judicial Council Form or Other Court Paper CRC 201.501 MC—OZO [New January 1. 1987] PROOF 0F SERVICE California Code of Civil Procedure 101 1-1013a I am employed in the County of Santa Barbara, State of California. I am over the age of eighteen years and not a party to the within action; my business address is Post Office Box 343, Santa Barbara, CA 93102. On 9/21, 2021, at Santa Barbara, CA, l served the foregoing documents described as: FIRST AMENDED COMPLAINT on the interested parties in this action by placing a true/original copy thereof enclosed in a sealed envelope addressed as follows: Maria M Catalan Courtesy copy: Jan Eric Kaestner 10 1007 Montecito St Ghitterman, Ghitterman & Feld 11 Santa Barbara, CA 93103 418 E Canon Perdido St, Santa Barbara CA 93101 12 A (BY MAIL) l am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under the practice, it would be deposited with the USPS on that l3 same day with postage thereon fully prepaid at Santa Barbara, California, in the ordinary course 14 of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in 15 affidavit. 16 _ (BY PERSONAL DELIVERY) l caused such envelope to be delivered by hand to a l7 representative of the addressee. 18 _ (BY FACSIMILE) I served the foregoing document described above on all interested parties 19 in this action by sending the document via facsimile pursuant to rule 2005. The parties’ fax number that l used is listed above. 20 _ (BY OVERNIGHT SERVICE) I caused an envelope to be hand delivered to a representative 21 of Overnight Service at Santa Barbara, California; whereupon said envelope is to be delivered by hand to a representative of the addressee on the next business day. 22 23 Executed on 9/21, 2021, at Santa Barbara, California. 24 I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. 25 26 Ethan Arnold 27 28 PROOF OF SERVICE