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ACCIDENT, INJURY AND MEDICAL MALPRACTICE
ATTORNEYS OF CALIFORNIA, APC
Jeffrey D. Bohn, (SBN: 243870) E-FILED
Daniel L. Carter (SBN: 250711) 10/11/2019 2:42 PM
2445 Capitol Street, Suite 105 Superior Court of California
Fresno, California 93721 County of Fresno
Tel hone: (559) 485-1212
Facsimile: (559) 485-1210 By: A. Ramos, Deputy
Attorney for Plaintiffs, KHAN NGUYEN
and DANIEL NGUYEN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF FRESNO
10
I KHANH NGUYIEN, an Individual and CASE NO. 19CECG02498
DANIEL NGUYEN an Individual,
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PLAINTIFF’S REPLY TO
13 Plaintiffs, DEFENDANTS?’ OPPOSITION TO
VS. PLAINTIFF’S MOTION TO
14
RECOVER COSTS OF PERSONAL
15
LELIS GONZALEZ, an individual; VICTOR SERVICE ON LELIS GONZALEZ
CARRANZA an Individual, AND VICTOR CARRANZA
16
Defendants,
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18 Date: October 16, 2019
Time: 3:30 pm
19 Dept.: 502
20
Hon. Allen Simpson
21
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23 Plaintiffs KHAN NGUYEN and DANIEL NGUYEN, offer the following in reply to the
24 Defendants’ Opposition to Plaintiff's Motion to Recover Costs of Personal Service on Lelis
25 ‘Gonzalez and Victor Carranza (the “Opposition”).
26 I. INTRODUCTION
27 Defendants failed to respond after receiving a Notice and Acknowledgment of Receipt
28 which was mailed to each Defendant via First Class Mail and Certified Mail — Return receipt
1
PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER
COSTS
requested. As a result, Plaintiffs served Defendants personally, incurring the costs of a hiring a
registered process server. Thereafter Plaintiffs filed a Motion to Recover Costs of Personal
Service (the “Motion”), to which they are entitled, Defendants filled a frivolous Opposition to
which Plaintiffs must now respond. As discussed below the Opposition is contradictory,
supported only by Plaintiffs self-serving statement claiming non receipt of the service by mail
and improperly requests an award of sanctions. Plaintiffs should be awarded their costs and
defendants’ request for sanctions should be denied.
II. LEGAL ARGUMENT
A. Defendants Denied Receiving Service of the Notice and Acknowledgement
10 Receipt, Which They Supported with Fraudulent Declarations.
11 Items required to be mailed to defendants are: (1) a copy of the summons and complaint;
12 (2) two copies of the notice and acknowledgment form; and (3) a return envelope, postage
13 prepaid, addressed to the sender. (Code Civ. Proc., § 415.30, subd. (a).) Ordinary, first class
14 mail of the foregoing is enough, and the mailing need not be certified or registered or return-
15 receipt-requested. (Ibid.) The mailing address may include post office box if it is accompanied
16 by an acknowledgment of receipt, under § 415.30. (Transamerica Title Ins. Co. v. Hendrix
a (1995) 34 Cal.App.4th 740, 745.)
18 All of this was done here. This is acknowledged in the Opposition at 2:7-2:14 where
19 Defendants confirm their address, that two copies of the Summons and Complaint, Notice of
20 Acknowledgement of Receipt and a self addressed, postage prepaid return envelope were sent to
21 them. In the very next sentence of the Opposition, the Defendants claim they never received
22 these documents. (Opposition 2:15; see also Carranza Decl. 4 3 and Gonzalez 3.) This is
23 perplexing to say the least, transparently self-serving and contradicted by the evidence filed in
24 support of the motion and this reply.
25 The United States Postal Service Tracking clearly evidences delivery of the certified mail
26 on July 15, 2019 at 4:48 P.M. (Carter Decl. § 4 Exhibit 2.) Furthermore, Defendant Lelis
27 Gonzales signed the return receipt to accept delivery on behalf of both Defendant Victor
28 Carranza and herself (Carter Decl. § 4, Exhibit 2) Defendants were properly served, Defendant
2
PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER
COSTS
Gonzalez singed the return receipt accepting delivery on behalf of herself and Defendant
Carranza. At best their claims are attributable to their limited ability to speak English that is
stated in both Defendants declarations and their unfamiliarity with the Court system, at worst
their arguments are an attempt to deceive the Court. In either case, they are not entitled sanctions
and Plaintiffs are entitled to recover their costs.
B. Defendants Refused Acknowledgement and Therefore are Liable for
Plaintiffs Cost of Service.
If a defendant fails to sign and return an acknowledgement, service is not complete and
will have to be made in some other manner. The notice form gives Defendants a chance to avoid
10 incurring costs involved in Plaintiff effecting service by some other method. Therefore, if they
11 fail to sign and return the acknowledgement within 20 days after it is mailed, they become liable
12 for whatever costs the Plaintiffs incur in effecting service by some other method — regardless of
13 the outcome of the lawsuit. (Code Civ. Proc. 415.30, subd. (d).)
14 Defendant Lelis Gonzalez’ acceptance of the certified mail evidences that both
15 Defendants were aware of the lawsuit prior to being personally served directly contradicting the
16 claims made in Defendants’ and opposing counsel’s declarations in support of the Opposition.
17 (Carranza Decl. §{] 3-4; Gonzalez Decl. {J 3-4 and Cozad Decl. {ff 3-4.) Although both
18 defendants claim that the post office would deliver mail to their neighbor’s home and that the
19 unidentified neighbor never informed them of receipt of the Summons and Complaint, noticeably,
20 absent from the Opposition are supporting declarations from either the postal service or the
21 unidentified neighbor. Thus the Court is left with only self serving claims of ignorance on the
22 part of Defendants and opposing counsel which are contradicted by the evidence.
23 Neither Lelis Gonzalez nor Victor Carranza signed and returned the Notice and
24 Acknowledgement Form in the prepaid return envelope provided which were included in the
25 package signed for by Defendant Gonzales. Because of this, Plaintiffs were forced to hire a
26 registered process sever to personally serve the Defendants at the same address to where
27 Defendant Lelis Gonzalez accepted the Notice and Acknowledgement of Receipt. Accordingly,
28 Plaintiffs are entitled to recover the costs for effectuating such service.
3
PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER
COSTS
C. If the Court is Inclined to Impose Sanctions, They Should be Imposed
Against the Defendants
If a party opposes a motion, arguments must be limited to those well supported by the
facts and the law. In presenting papers to the Court a party is certifying that to the best of the
person’s knowledge, information, and belief, formed after an inquiry reasonable under the
circumstances, that it is not being presented for an improper purpose, is supported by a non
frivolous argument and the factual contentions have evidentiary support. (Code Civ. Proc. §
128.7(b).) An attorney or unrepresented party who presents a pleading, motion or similar paper
to the court makes an implied “certification” as to its legal and factual merit; and is subject to
10 sanctions for violation of this certification. (Code Civ. Proc., § 128.7; see Murphy v. Yale
i Materials Handling Corp. (1997) 54 Cal.App.4th 619, 623.)
12 The purpose of the statute is “to check abuses in the filing of pleadings, petitions, written
13 notices of motions or similar papers.” (Musaelian v. Adams (2009) 45 Cal.4th 512, 514.) In
14 addition, a trial court could order sanctions under Code Civ. Proc. § 128.5 for the filing of a
15 frivolous opposition. (See Code Civ. Proc. § 128.5, subd. (b), (1), bad-faith “actions or tactics”
16 include “opposing of motions”.)
17 As discussed above, the Opposition is frivolous, unsupported by the law or evidence and
18 relies solely on self serving statements of the Defendants and opposing counsel. At best this is a
19 result of a language barrier between defendants and their attorney and at worst it is an attempt to
20 deceive the court and tie this matter up in needless law and motion to attempt to gain an
21 advantage by further increasing Plaintiffs costs in prosecuting their claim. Plaintiffs should be
awarded their costs and Defendants should not be rewarded for their tactics with an award of
23 sanctions.
24 If the Court is inclined to impose sanctions they should be imposed against the
25 Defendants, not the Plaintiffs. Plaintiffs submit that sanctions in the amount of $945.00 are
26 reasonable for the costs incurred in responding to Defendants frivolous and unsupported
27 Opposition. (Carter Decl. { 7.)
28
4
PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER
COSTS
TH.CONCLUSION
Based on the foregoing, Plaintiffs respectfully request that this Court award costs to
Plaintiffs for personal service of the summons and complaint after Defendants’ refusal to
acknowledge service pursuant to Section 415.30, in the amount of $67.00 which constitutes the
cost for service of process and if the Court is so inclined reasonable monetary sanctions against
the Defendants and their counsel in the amount of $945.00.
Dated: October 11, 2019 ACCIDENT/INJURY ICAL MALPRACTICE
ATTORYEYS 0 FO) A, APC
9 —
{
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Daniel L. Carter.
M1
Attorneys for Plaintiffs
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PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER
COSTS
ACCIDENT, INJURY AND MEDICAL MALPRACTICE
ATTORNEYS OF CALIFORNIA, APC
Jeffrey D. Bohn, (SBN: 243870
Daniel L. Carter (SBN: 250711)
2445 Capitol Street, Suite 105
Fresno, California 93721
Telephone: (559) 485-1212
Facsimile: (559) 485-1210
Attorney for Plaintiffs, KHAN NGUYEN
and DANIEL NGUYEN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF FRESNO
10
I KHANH NGUYIEN, an Individual and CASE NO. 19CECG02498
DANIEL NGUYEN an Individual,
12
DECLARATION OF DANIEL L.
13 Plaintiffs, CARTER, ESQ. IN SUPPORT OF
vs. PLAINTIFFS REPLY TO
14 DEFENDANTS’ OPPOSITION TO
LELIS GONZALEZ, an individual; VICTOR PLAINTIFF’S MOTION TO RECOVER
15
CARRANZA an Individual, COSTS OF PERSONAL SERVICE ON
16 LELIS GONZALEZ AND VICTOR
Defendants, CARRANZA
7
18
19 Date: October 16, 2019
Time: 3:30 pm
20 Dept.: 502
21
Hon. Allen Simpson
22
23
DECLARATION OF DANIEL L. CARTER
I, Daniel L. Carter, declare:
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1 lam a licensed attorney in the State of California and counsel of record for
26
Plaintiffs KHANH NGUYEN and DANIEL NGUYEN. I am familiar with the pleadings and
2
investigation of this case. I have personal knowledge of the facts set forth herein and, if
28
1
Declaration of Daniel L. Carter
necessary, could and would competently testify thereto. As to those facts stated upon information|
and belief, I believe them to be true.
2 On July 12, 2019, I caused to be sent to each Defendant Lelis Gonzalez and
Victor Carranza at their residence, 2310 South Meridian, Fresno, California, 93725, by first class
mail and certified mail, postage prepaid, a copy of the summons and complaint in this action,
two copies of the Notice and Acknowledgment of Receipt of Summons form and a self-
addressed, postage prepaid return envelope. (See Copy of mailing, DMV Report of Traffic
Accident and Declarations Page of Infinity Insurance Company attached hereto as “Exhibit “1”)
3 The address to which the documents were mailed was obtained from the
10 information in the DMV Report of Traffic Accident Declarations Page provided by Infinity
11 Insurance Company accordingly, I believed that the address to which the documents were sent
12 was, in fact, Defendants’ residence address at the time of mailing.
13 4 On July 16, 2019, a Certified Mailing return receipt for the mailing was returned
14 to my office for the completion of delivery to Defendant Lelis Gonzalez. On July 17, 2019 a
15 Certified Mailing return receipt for the mailing was returned to my office for the completion of
16 delivery to Defendant Victor Carranza. The return receipt for both mailings was signed by
17 Defendant Lelis Gonzalez. The online tracking system shows that delivery for both mailings was
18 completed on July 15, 2019. (See United States Postal Service tracking system and Return
19 Receipt attached hereto as “Exhibit “2”)
20 5 I did not receive from Defendants the executed Notice and Acknowledgment of
21 Receipt for a period of more than twenty days after mailing. Accordingly, in order to accomplish
22 timely service as required by the fast track rules, I hired a process server to effect service on
23 Defendants with another copy of the summons and complaint. (See proof of personal service on
24 Lelis Gonzalez and Victor Carranza, 2310 Meridian Avenue, Fresno, California, 93725 attached
25 hereto as “Exhibit “3”)
26 6 Service was accomplished on August 8, 2019, by Eddings Attorney Service.
27 Plaintiffs were charged $67.00 for the personal service, which I believe to be a reasonable costj
28 based on by decade of experience as a plaintiffs’ attorney in this geographic area. (See Invoice
2
Declaration of Daniel L. Carter
Nos. E272079-01 and Invoice No. E272090-02 from Eddings Attorney Service for the personal]
service on Lelis Gonzalez and Victor Carranza attached hereto as Exhibit “4”)
7 I spent a reasonable 1.7 hours reviewing and preparing the pertinent filing. ]
anticipate that I will spend an additional 1.0 hour for oral argument on this issue. My hourly rate
is $350.00 which equates to $945.00.
6 8 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Dated this 16" day of August )
8
Lp
10 By
Daniel . Carter, Esq.
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Declaration of Daniel L. Carter
PROOF OF SERVICE
STATE OF CALIFORNIA )
) ss:
COUNTY OF FRESNO )
I am employed in the County of Fresno, State of California. I am over the age of 18}
years and not a party to the within action. My business address is 2445 Capitol Street, Suite 105
Fresno, CA 93721. I am employed in the office of a member of the Bar of this Court, at whose
direction I made this service.
On October 11, 2019, I served the foregoing documents described as: PLAINTIFF’S
REPLY TO DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO RECOVER
COSTS OF PERSONAL SERVICE ON LELIS GONZALEZ AND VICTOR CARRANZA
lacing [X] true copies thereof and/or the [ ] original document enclosed in sealed envelopes
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on 0. lows:
1
Julia P. Cozad, SBN 219771
Law Offices of Dan D. Endoso & Associates
12 30 River Park Place West, Suite 160
Fresno, CA 93720
13
Attorney for Defendants.
14
z
15 [X/ BY MAIL AS FOLLOWS: I am “readily familiar” with the firm’s practice of collection]
and processing correspondence for mailing. Under that practice it would be deposited with the
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U.S. Postal Service on that same day with postage thereon fully prepaid at Fresno, California ir
17 the ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if post cancellation date or postage meter date is more than one day after datd
18 of deposit for mailing on affidavit.
19
if BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
20 offices of the addressee listed above.
221 if BY FEDERAL EXPRESS: | caused said envelope to be sent by Federal Express to the
22
above addressee(s) for overnight service.
23 if BY TELECOPIER/FAX: In addition to the above service by mail, hand delivery oy
Federal Express, I caused said document(s) to be transmitted by telecopier at approximatel:
24 a.m./p.m. to the addressee(s) marked with a”.
25
I declare under penalty of perjury under the laws of the State of California that the
26 foregoing is true and correct. Executed on October 11, 2019, at Fresno, California.
27
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4
Proof of Service
EXHIBIT 1
REPORT OF TRAFFIC ACCIDENT DMV USE ONLY
OCCURRING IN CALIFORNIA
A Public Service Agency
READ IMPORTANT INFORMATION ON BACK
AS APPROPRIATE, PLEASE TYPE OR PRINT IN BOXES
‘OFVEHICLES [DATE
OF ACCIDENT | ACCIDENT LOGATION - CITY/COUNTY [GN PANATE PROPERTY
2
Fade OF:
p/a02017 FRESNO- Pontiac Ave. & Fresno Ave, LJ ves_EXI no
DRNING
FOR EMPLOYER
Hour 3:15 __ Fas [tong Ot ae O Parad O Pedostian CJ sicyetist CO) other
ec. rowanm Yes No
DRIVER'S NAME (FIRST, MIDDLE, LAST) [DRIVER LICENSE AUNBER
Khanh Mai Nguyen B4626902 CA
DRIVER'S STREET ADDRESS DATE
OF ETH
2567 W Lake Van Ness Cir
09/08/1967
“aCOBE
Fresno CA 93711 Wik{ 4m 659)273-3375
(VEAR AND IRE) ie wil
PLATE OR VERICLEIDENTIOANION
RUGBER ie
DNEOrSanT
_Same.as Driver,
‘ZiCODE
NGURANCE COMPANY NAME (NOT AGENT OR BROKER) AY THE TIME OF THE, NT POLICY NiMEER
Statefarm L10 0651-F22-551
[COMPANY
NAIC NUMBER POLICY PERIOD:
To____._ | Same as Driver
[osama FOREMPLOVER
CX Moving aaron na O Parkes (C1) Pedsstrian D sieves §~ 0 other
eo rovcanan ves LidNo
[DRIVERS
NAME (FIRST MIDDLE, [ORIVER LICENSE NUMBER
Lelismaribel ‘Angel GGonzalez Y3089923 CA
jORVERS STREET ADDRESS [care OF ean
2310 S. Meridian Ave.
TELEPHONE NUMBERS a
Fresno CA 93725 Wk ¢ 9) 977-3149
a
(J INSURANCE COMPANY NAME (NOT AGENT OF BROKER) AT THE TIME OF THE ACCIDENT POUCY NUMGER
Khanh Mai Nguyen QO injures & oriver C Passenger
2567 West Lake Van Ness Cir, Fresno, CA 93711 D peceased ODBicyetst O Pecestian
NAMIE AND ADDRESS OF INDIIOUAL INJURED OR DECEASED
D inured O pier CO Passenger
O beceasea O Bicyetst O pedestrian
ee won aot fanssensaacasan
‘ bannato
[OTHER PROPERTY DAMAGED (TELEPHONE POLER, FENUE. LUEBTOCR, ETC) DAMAGES OVER'S7E0
B Lvs Clno
‘ PROPERTY OWNERS NAME AND ADDRESD
| cartity (or declare) under penalty of perjury under tho taws of the State of Cafifemia that the foregoing is true and correct.
aaE PRINTED NAME
09/26/2017 Khanh Mai Nguyen X Ayer
‘SR1 (REV, ore00m werw LIADDITIONAL INFORMATION ATTACHED
SAUTORNA INSURANCE INFORMATION DMV FILE NUMBER
A VEHICLE
a ail
llbebe assumed
thie part to the Insurance company
eer
assumed you youwere not Insured for the
indicated.
ata.
the accident
nally compos
and your eanse will be suspended. |
accident and
INAME OF INSURANCECOMPANY (NOT AGENCY OR
THE LIABILITY POUCY
COVERING THE CPERATION OF YOUR VEHICLE Statefarm
POLICY PERIOD
L10 0651-F22-551 a
J ORIVER
OF YOUR VEHICLE)
———
FORTE
OF ACCIDENT [IN GR NEAR (GY GA TOWN) (CALIPORSUA
GLY)
08/30/2017 Fresno
VEHICLE (YEAR AND MAKE) | VERICLE LICENSE PLATE NUNGER | STATE
2016 Porsche Cayenne WPIAA2A24GKA37479 7SSX263 CA
[ADDRESS
Khanh Mai Nguyen 2567 West Lake Van Ness Cir, Fresno, CA 93711
now now
}FULL NAME OF POUCY HOLDER
teerrorane nse tenant
if the policy was not in effect, this form must be completed and returned to the Deparment within 20 days.
‘The undersigned company advises that with respect to the reported accident, the policy reported on the reverse side:
(0 WAS NOT INEFFECT
1D Was not aliability
policy 00 bid not cover the vehicle/driver Oo Number is not @ company pollcy number
Policy Number Policy Period from to
Signature MAIL TO:
Department of Motor Vehicles
Title Financial Responsibility
=
DECLARATIONS
New Business Infinity Insurance Company
DECLARATIONS EFFECTIVE ON: 11/28/2016 PO Box 830785 Birmingham, AL 35283-0189
CURRENT POLICY PERIOD, POLICY IS EFFECTIVE AT THE ADDRESS OF THE POLICY HOLDER AS STATED HEREIN,
POLICY NUMBER:
904601408805001 FROM: 12:01 AM 11/29/2016 TO: 12:01 AM 11/29/2017
STANDARD TIME
ANGEL CARRANZA, VICTOR OROZCO INSURANCE SERVICES PRODUCER NUMBER
2310S MERIDIAN AVE 441 W OLIVE AVE
FRESNO, CA 93725 FRESNO, CA 93728 TELEPHONE NO. :
Fe
DESCRIPTION
OF OWNED AUTOMOBILE
VEH] USE YEAR | MAKE, MODEL, SODY VEHICLE | ER
1 Plegsure 1884 | TOYO PICKUP PICKUP 4X2 SRS EXTEN sTavNaSDRDeDESO
2 | Pleasure 2006 | TOYO SEQUOIA SEQUOIA SRS 4DR 4x2 STOZT34A268275930
(INSURANCE IS AFFORDED ONLY FOR THE COVERAGES FOR WHICH LIMITS OF LIABILITY AND PREMIUM CHARGES ARE INDICATED
(COVERAGE
AND LIMITS OF LIABILITY PER PERSON PER ACCIDENT VEHI VEH2
$15,000 each parson $30,080
each accident 138.00 141.00
Property Damage $10,000 each accident 154.00 167.00
Uninsured Motorist - B! REJECTED" “REJECTED
‘$500.00 Deductibis 248.00
Comprehensive $500.00 Deductible 130.00
Totel PremiumFor Each Car 292.00 677.00
GA Fraud Feo 1.76 1.76
20.00
LIMITS WHEN AN INSURED AUTO IS BEING OPERATED BY A PERMISSIVE DRIVER.AS Ol
Winn THE POLICY. LIABILITY LIMITS DROP TO THE KINEIUM STATUTORY LIMITS WHICH ARE St5C00 PER PERSON, s90,c00
ACCIDENT, AND $5,090 FOR PROPERTY DAMAGE IN CALIFORNIA.
ENDORSEMENTS: 01168R0215; 05897N1010; 01412R0215; 01193R0410; 03486R0110; 10480ARNOS; 00S07R0216
TOTAL PREMIUM FEES CASH APPLIED ———— PAYMENTS ‘1ST PAYMENT DATE |
$23.52 $120.42 1@ $32.29
i
COUNTERSIGNED
AT BY.
11/16/2016 11 INSURED COPY
~
NAME AND ADDRESS OF LOSS PAYEE OR LESSOR
VEH
GPTIONAL EQUIPMENT VEH
ITEM VEH VALUE
GPERATORS INSURED UNDER THIS POLICY
# NAME
1 ‘Victor,
2 Lells M Ange) Gonzalez yothorhoonx P F 00000 19
EXCLUDED OPERATORS
# NAME BAR TAL DRIVER'S LICENSE
Bi
DISCOUNTS
AND SURCHARGES
VEH4 VEH 2
DESCRIPTION DESCRIPTION DESCRIPTION
18000-15989 MLG/ 16000-16899
Good Drivas 2 ‘Good Driver 2
Repair Satisfaction Discount
ADDITIONAL INSURED UNDER THIS POLICY
VEH NAME AND ADDRESS OF ADDITION
INSURED
AL (LESSORS SHGULD REFER TO ENDORSEMENTS)
KEY:
YRS DRV EXP = YEARS OF DRIVING EXPERIENCE
RATE ZIP = RATE ZIP CODE
VEH = VEHICLE
Where is damage to vehicle
*Can you text us pictures?
——_———-—___
S-100
SUMMONS (SOLD PARA U0. DELACORTE
(CITACION JUDICIAL)
NOTICE
TO DEFENDANT: E-FILED
{AVISO
AL DEMANDADO): 7/11/2019 11:45 AM
Lefis Gonzalez, an individual;
Victor Carranza, an individual Superior Court of California
County of Fresno
BORE 7 10.20 By: A. Rodriguez, Deputy
ING SUED BY PLAINTIFF:
(20 ESTA DEMANDANDO EL DEMANDANTE}:
Khanh Nguyen, an Individual;Daniel
Nauyen, en individual:
NOTICE! You have been sued. The court may decide againat you witout your being heard unions you respons win SO days, Read the formation
ve you have 30 CALENDAR DAYS after ths sumamons snd Inga! papers are served on yout oa ven roapanse at court and have
‘served on the plaintiff. A tater ar phane call will not protect you. Your vatiten rust bo propa legal form i you wane the ecu to heat your
case. There may be a coutt form that you can use for’ Seeesea Cte more
nina Center| ‘ter [ibrary,tr the courthouse nemeat you. lt you corset pay eng foe, ak
the court clerk for @ fee waiver form. ir you do
ot yur expense cna yo may ash cso by coed your epee aoney, and property
may be takan without ‘warning from
‘There are other ea eenuan aerial right avray. Uf ee you may want to call en attomey
referral service. if you cannot afford an attomay, you may be eligthte for free legal pmo nana /Bervices program. You can Iccate
these nanprofe groups st sie Gator ‘Services
‘contacting your tecal court or be aaron NOTE: The cou hat a cary fen wate foes ed
‘asi on any sofa or ataton ears of 10,00 or mero ta & Gui cane, Tho coUIts ten mutt be pall bale tho cour vl Cass seams,
JAVISO!
Lo han demandstio, Sino responds canto de 30 dias, fa corte puade deokdir en su contra sin escuchar su versita, Lea ta informacién a
‘Tlena $0 DIAS DE CALENDARIO después do: al ontoguen oxi chactin y papeize legates para prosantar una Tessa poy escro an esta
anata tenn copia a! demendante, Una carte © una Hamada telefénica |no fo potagen, Su respuosta por escrito tiene que estar
legal comecto $i dese8 qué procesen su caso en la corte. Es positle que hays un’
Sot a a
PPuodo encartereainsfamuiaros do e carte y mts txtamaciin on af Cant do Ayuda dots Gates G5 Gatonts
bibRotece de layes de sy condedo o en la corte qua fe quedo mis cema. SI no puede pagar is cuote de a arcing do a ort
que le dé un fonnutario | page de cuctas. Sino SU respuesta8 Puede perder e! case par incumpiimiento
y ts corte te
Poors quitar su sueide, dinero y blenas sin més
recomendiabie que fame a un abogado, ‘Sino conoce a un abogado, puede tomar a un sarvicio
da
a abogadas. SI no puede ‘a un shogadto, es posible que cumple con los. degales gretutos dp un
programa da sarvisies legaiss sin: de luere,Sea
Puede:ustanetnen grupos sin Snes da tucro en e! sitio wab de Cakfomia
), en ef Centrode. 2 las ee eer oe
caged ages kel. AVI: Pry, ler ama deco recon ‘cuotas y Ios costos exantos por'
8 $10,0006. tun antardo o tina conceatin do etitajo cn tn Caso Go deeoto ch, Tose Qua
pagar el roveman dfs coo aaa do quo a caro pends dschar cf cose
‘The name and address of the court Is: FRESNO
(Ginembre
y direcclin de la corte a3): aad a 19CECG02498
‘1130
°O* Street
eee
and telephone number of
nara. cece yet aero do taro tl sheen el amanda que no tan abogado, es)
JeffreyD. Bohn (SBN: 243870), Accident, ilu & Medical tatpratice Atomoys of Cafomia, APC
ee ‘Street, Sulte 105, Fresno, CA 93721 §55-485-1212
Cistk, by » Deputy
ene ue (Secretario) J A. Rodrig
use Proof
cf Service of PO 5-0 ON}
{Parc pruabe do ented oat tain uso a fonts Prost ot Bariceof Suenos 5-010).
NOTICE TO THE PERSON SERVED: You are served
4, C) as an individual
2. [1] as the parson susd under the fictitious name of (speoliy):
or
3. CD onbehaifof (spect):
unde CI) cop 416.10 (comoration)
5 CCP 416.60 (mincr)
SOY
+ £2) CCP 416.20 (defunct comporation) CCP 416.70 (conservatse)
[1] CCP 416.40 (association
or partnership) [—] CCP 416.90 (authorized person)
CJ other (epeciiy:
4. [1] by personal delivery on (dato):
‘Porm Adopiadtortaancesny
Ut
Papotett
SUMMONS (Code of Cha Proce 65 412.20, 455
‘BUM-400 ew.ty 4,
PLD-PI-001
ATTORNEY
GR PARTY WITHOUT Qian,
Stale Bar number, end ecerese}: FORCOURT
USE ONLY
| JaffrayD. Bohn (SBN: 243870)
Accident, injury & Medical Malpractice Attomeys of Cafifomia, APC E-FILED
Capito! Street, S1 7/1112019 11:45 AM
Fresno, CA 93721 Superior Court of California
TELEPHONE NO: 559-485-1212 FAXNO. (Onsanet: 559-485-1210 County of Fresno
(BAPAIL ADDRESS (Optionay:
By: A. Rodriguez, Deputy
ATTORNEY
FOR (vamar: Plaintiff(s)
‘SUPERIOR COURT OF CALIFORNIA,
COUNTY OF FRESNO
STREET ADDRESS: 1730 "O” Street
MAUNG ADDRESS: 1130 °O” Street
cry axpzpcon: Fresno 93721
GRANCH NAME: Central Division
PLAINTIFF: Khanh Nguyen, an individual; Danie! Nguyen, an Individual:
DEFENDANT: Lefis Gonzalez, an individual; Victor Carranza, an individual
(2) bogs 1To 20 inclusive
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
AMENDED (Number):
‘Type (check aff that apply):
Go ee [) OTHER (speeity}:
Damage [__] Wrongful Death
I Personal injury Other Damages (specify):
Jurisdiction
(check all that apply): Case:
[2 ACTION IS A LIMITED Civil CASE 19CECG02498
Amount demanded [__] does not exceed $10,000
(2) exceeds $10,000, but does not exceed $25,000
] ACTION IS AN UNLIMITED CIVIL CASE (exceetis $25,000)
] ACTION IS RECLASSIFIED by this amended complaint
C2) trom timtted to untimited
[J from untimited
to fimited
4. Plaintiff (name or names): Daniel Nguyen, Khanh Nguyen
alleges causes of action against defendant (name or names): Lelis Gonzalez
and Victor Carranza
2. This pleading, Including attachments and exhibits, consists cf the following number of pages: §
3, Each plaintiff named above is a competent adult
8. [1] except plaintiff (name):
(1) [) 2 comoration qualified to do business in Califomia
(2) (2) an unincorporated
entity (describa):
(3) [) a public entity (describe):
(4) J aminer [—) anadutt
(2) [(_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(>) [J other (specify):
(8) [—) other (spect:
b. (7) except plaintiff (name):
(1) [J a corporation
qualified to do business in Califomia
@ an unincorporated
entity (describe):
(3) (2) apublic entity (desoribe):
(4) (J aminor [7] an adutt
(a) (2) for whom a guardian or conservator of the estate or a guardian ad litem has been appcinted
(>) [J other (epeaity):
2 other (spect:
1 information absut additional plaintiffs who are not compatent adutts is shown in Attachment 3. Pago $of3,
bem Ap COMPLAINT—Personal Injury, Property ‘Cade Bf ChO Precedire, 6 426.12
Raw. danory
4, 2007) Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Nguyen v. Gonzalez
4. (5) Plaintitt (name):
is doing business under the fictitious name (specify):
.and has complied with the fictitious business name laws,
Each defendant named above Is a natural person
a. (] except defendant (name): c [_] except defendant :
(1) [5 a business organization,
form unknown (1) () a business organization,
form unknown
(2) L_) a corporation (2) ‘a corporation
(3) [) an unincorporated
entity (describe): (3) () an unincorporated entity (describe):
(4) (2) a public entity (describe): (4) [CD a public entity (desonbe):
(8) (J ether (spect: (©) [—) other (spect:
b. =) except defendant (name): d. [=] except defendant (namo):
(1) [_) a business organization,
form unknown (1) (2) abusiness organization, form unknown
(2) (2) a corporation (2) CL) acomoration
(3) (2) en unincorporated
entity (describe): (3) (2) an unincorporated entity (describe):
(4) [] a public entity (describe): (4) [) a public entity (describe):
(©) (7 other (specify): (5) [=] other (gpeciy):
[5 Information about additional defendants who are not natural persons Is contained
Preview
ACCIDENT, INJURY AND MEDICAL MALPRACTICE ATTORNEYS OF CALIFORNIA, APC Jeffrey D. Bohn, (SBN: 243870) E-FILED Daniel L. Carter (SBN: 250711) 10/11/2019 2:42 PM 2445 Capitol Street, Suite 105 Superior Court of California Fresno, California 93721 County of Fresno Tel hone: (559) 485-1212 Facsimile: (559) 485-1210 By: A. Ramos, Deputy Attorney for Plaintiffs, KHAN NGUYEN and DANIEL NGUYEN SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO 10 I KHANH NGUYIEN, an Individual and CASE NO. 19CECG02498 DANIEL NGUYEN an Individual, 12 PLAINTIFF’S REPLY TO 13 Plaintiffs, DEFENDANTS?’ OPPOSITION TO VS. PLAINTIFF’S MOTION TO 14 RECOVER COSTS OF PERSONAL 15 LELIS GONZALEZ, an individual; VICTOR SERVICE ON LELIS GONZALEZ CARRANZA an Individual, AND VICTOR CARRANZA 16 Defendants, 7 18 Date: October 16, 2019 Time: 3:30 pm 19 Dept.: 502 20 Hon. Allen Simpson 21 22 23 Plaintiffs KHAN NGUYEN and DANIEL NGUYEN, offer the following in reply to the 24 Defendants’ Opposition to Plaintiff's Motion to Recover Costs of Personal Service on Lelis 25 ‘Gonzalez and Victor Carranza (the “Opposition”). 26 I. INTRODUCTION 27 Defendants failed to respond after receiving a Notice and Acknowledgment of Receipt 28 which was mailed to each Defendant via First Class Mail and Certified Mail — Return receipt 1 PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER COSTS requested. As a result, Plaintiffs served Defendants personally, incurring the costs of a hiring a registered process server. Thereafter Plaintiffs filed a Motion to Recover Costs of Personal Service (the “Motion”), to which they are entitled, Defendants filled a frivolous Opposition to which Plaintiffs must now respond. As discussed below the Opposition is contradictory, supported only by Plaintiffs self-serving statement claiming non receipt of the service by mail and improperly requests an award of sanctions. Plaintiffs should be awarded their costs and defendants’ request for sanctions should be denied. II. LEGAL ARGUMENT A. Defendants Denied Receiving Service of the Notice and Acknowledgement 10 Receipt, Which They Supported with Fraudulent Declarations. 11 Items required to be mailed to defendants are: (1) a copy of the summons and complaint; 12 (2) two copies of the notice and acknowledgment form; and (3) a return envelope, postage 13 prepaid, addressed to the sender. (Code Civ. Proc., § 415.30, subd. (a).) Ordinary, first class 14 mail of the foregoing is enough, and the mailing need not be certified or registered or return- 15 receipt-requested. (Ibid.) The mailing address may include post office box if it is accompanied 16 by an acknowledgment of receipt, under § 415.30. (Transamerica Title Ins. Co. v. Hendrix a (1995) 34 Cal.App.4th 740, 745.) 18 All of this was done here. This is acknowledged in the Opposition at 2:7-2:14 where 19 Defendants confirm their address, that two copies of the Summons and Complaint, Notice of 20 Acknowledgement of Receipt and a self addressed, postage prepaid return envelope were sent to 21 them. In the very next sentence of the Opposition, the Defendants claim they never received 22 these documents. (Opposition 2:15; see also Carranza Decl. 4 3 and Gonzalez 3.) This is 23 perplexing to say the least, transparently self-serving and contradicted by the evidence filed in 24 support of the motion and this reply. 25 The United States Postal Service Tracking clearly evidences delivery of the certified mail 26 on July 15, 2019 at 4:48 P.M. (Carter Decl. § 4 Exhibit 2.) Furthermore, Defendant Lelis 27 Gonzales signed the return receipt to accept delivery on behalf of both Defendant Victor 28 Carranza and herself (Carter Decl. § 4, Exhibit 2) Defendants were properly served, Defendant 2 PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER COSTS Gonzalez singed the return receipt accepting delivery on behalf of herself and Defendant Carranza. At best their claims are attributable to their limited ability to speak English that is stated in both Defendants declarations and their unfamiliarity with the Court system, at worst their arguments are an attempt to deceive the Court. In either case, they are not entitled sanctions and Plaintiffs are entitled to recover their costs. B. Defendants Refused Acknowledgement and Therefore are Liable for Plaintiffs Cost of Service. If a defendant fails to sign and return an acknowledgement, service is not complete and will have to be made in some other manner. The notice form gives Defendants a chance to avoid 10 incurring costs involved in Plaintiff effecting service by some other method. Therefore, if they 11 fail to sign and return the acknowledgement within 20 days after it is mailed, they become liable 12 for whatever costs the Plaintiffs incur in effecting service by some other method — regardless of 13 the outcome of the lawsuit. (Code Civ. Proc. 415.30, subd. (d).) 14 Defendant Lelis Gonzalez’ acceptance of the certified mail evidences that both 15 Defendants were aware of the lawsuit prior to being personally served directly contradicting the 16 claims made in Defendants’ and opposing counsel’s declarations in support of the Opposition. 17 (Carranza Decl. §{] 3-4; Gonzalez Decl. {J 3-4 and Cozad Decl. {ff 3-4.) Although both 18 defendants claim that the post office would deliver mail to their neighbor’s home and that the 19 unidentified neighbor never informed them of receipt of the Summons and Complaint, noticeably, 20 absent from the Opposition are supporting declarations from either the postal service or the 21 unidentified neighbor. Thus the Court is left with only self serving claims of ignorance on the 22 part of Defendants and opposing counsel which are contradicted by the evidence. 23 Neither Lelis Gonzalez nor Victor Carranza signed and returned the Notice and 24 Acknowledgement Form in the prepaid return envelope provided which were included in the 25 package signed for by Defendant Gonzales. Because of this, Plaintiffs were forced to hire a 26 registered process sever to personally serve the Defendants at the same address to where 27 Defendant Lelis Gonzalez accepted the Notice and Acknowledgement of Receipt. Accordingly, 28 Plaintiffs are entitled to recover the costs for effectuating such service. 3 PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER COSTS C. If the Court is Inclined to Impose Sanctions, They Should be Imposed Against the Defendants If a party opposes a motion, arguments must be limited to those well supported by the facts and the law. In presenting papers to the Court a party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that it is not being presented for an improper purpose, is supported by a non frivolous argument and the factual contentions have evidentiary support. (Code Civ. Proc. § 128.7(b).) An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is subject to 10 sanctions for violation of this certification. (Code Civ. Proc., § 128.7; see Murphy v. Yale i Materials Handling Corp. (1997) 54 Cal.App.4th 619, 623.) 12 The purpose of the statute is “to check abuses in the filing of pleadings, petitions, written 13 notices of motions or similar papers.” (Musaelian v. Adams (2009) 45 Cal.4th 512, 514.) In 14 addition, a trial court could order sanctions under Code Civ. Proc. § 128.5 for the filing of a 15 frivolous opposition. (See Code Civ. Proc. § 128.5, subd. (b), (1), bad-faith “actions or tactics” 16 include “opposing of motions”.) 17 As discussed above, the Opposition is frivolous, unsupported by the law or evidence and 18 relies solely on self serving statements of the Defendants and opposing counsel. At best this is a 19 result of a language barrier between defendants and their attorney and at worst it is an attempt to 20 deceive the court and tie this matter up in needless law and motion to attempt to gain an 21 advantage by further increasing Plaintiffs costs in prosecuting their claim. Plaintiffs should be awarded their costs and Defendants should not be rewarded for their tactics with an award of 23 sanctions. 24 If the Court is inclined to impose sanctions they should be imposed against the 25 Defendants, not the Plaintiffs. Plaintiffs submit that sanctions in the amount of $945.00 are 26 reasonable for the costs incurred in responding to Defendants frivolous and unsupported 27 Opposition. (Carter Decl. { 7.) 28 4 PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER COSTS TH.CONCLUSION Based on the foregoing, Plaintiffs respectfully request that this Court award costs to Plaintiffs for personal service of the summons and complaint after Defendants’ refusal to acknowledge service pursuant to Section 415.30, in the amount of $67.00 which constitutes the cost for service of process and if the Court is so inclined reasonable monetary sanctions against the Defendants and their counsel in the amount of $945.00. Dated: October 11, 2019 ACCIDENT/INJURY ICAL MALPRACTICE ATTORYEYS 0 FO) A, APC 9 — { 10 Daniel L. Carter. M1 Attorneys for Plaintiffs 122 13 14 15 16 if 18 19 20 221 22 23 24 25 26 27 28 § PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO MOTION TO RECOVER COSTS ACCIDENT, INJURY AND MEDICAL MALPRACTICE ATTORNEYS OF CALIFORNIA, APC Jeffrey D. Bohn, (SBN: 243870 Daniel L. Carter (SBN: 250711) 2445 Capitol Street, Suite 105 Fresno, California 93721 Telephone: (559) 485-1212 Facsimile: (559) 485-1210 Attorney for Plaintiffs, KHAN NGUYEN and DANIEL NGUYEN SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO 10 I KHANH NGUYIEN, an Individual and CASE NO. 19CECG02498 DANIEL NGUYEN an Individual, 12 DECLARATION OF DANIEL L. 13 Plaintiffs, CARTER, ESQ. IN SUPPORT OF vs. PLAINTIFFS REPLY TO 14 DEFENDANTS’ OPPOSITION TO LELIS GONZALEZ, an individual; VICTOR PLAINTIFF’S MOTION TO RECOVER 15 CARRANZA an Individual, COSTS OF PERSONAL SERVICE ON 16 LELIS GONZALEZ AND VICTOR Defendants, CARRANZA 7 18 19 Date: October 16, 2019 Time: 3:30 pm 20 Dept.: 502 21 Hon. Allen Simpson 22 23 DECLARATION OF DANIEL L. CARTER I, Daniel L. Carter, declare: 25 1 lam a licensed attorney in the State of California and counsel of record for 26 Plaintiffs KHANH NGUYEN and DANIEL NGUYEN. I am familiar with the pleadings and 2 investigation of this case. I have personal knowledge of the facts set forth herein and, if 28 1 Declaration of Daniel L. Carter necessary, could and would competently testify thereto. As to those facts stated upon information| and belief, I believe them to be true. 2 On July 12, 2019, I caused to be sent to each Defendant Lelis Gonzalez and Victor Carranza at their residence, 2310 South Meridian, Fresno, California, 93725, by first class mail and certified mail, postage prepaid, a copy of the summons and complaint in this action, two copies of the Notice and Acknowledgment of Receipt of Summons form and a self- addressed, postage prepaid return envelope. (See Copy of mailing, DMV Report of Traffic Accident and Declarations Page of Infinity Insurance Company attached hereto as “Exhibit “1”) 3 The address to which the documents were mailed was obtained from the 10 information in the DMV Report of Traffic Accident Declarations Page provided by Infinity 11 Insurance Company accordingly, I believed that the address to which the documents were sent 12 was, in fact, Defendants’ residence address at the time of mailing. 13 4 On July 16, 2019, a Certified Mailing return receipt for the mailing was returned 14 to my office for the completion of delivery to Defendant Lelis Gonzalez. On July 17, 2019 a 15 Certified Mailing return receipt for the mailing was returned to my office for the completion of 16 delivery to Defendant Victor Carranza. The return receipt for both mailings was signed by 17 Defendant Lelis Gonzalez. The online tracking system shows that delivery for both mailings was 18 completed on July 15, 2019. (See United States Postal Service tracking system and Return 19 Receipt attached hereto as “Exhibit “2”) 20 5 I did not receive from Defendants the executed Notice and Acknowledgment of 21 Receipt for a period of more than twenty days after mailing. Accordingly, in order to accomplish 22 timely service as required by the fast track rules, I hired a process server to effect service on 23 Defendants with another copy of the summons and complaint. (See proof of personal service on 24 Lelis Gonzalez and Victor Carranza, 2310 Meridian Avenue, Fresno, California, 93725 attached 25 hereto as “Exhibit “3”) 26 6 Service was accomplished on August 8, 2019, by Eddings Attorney Service. 27 Plaintiffs were charged $67.00 for the personal service, which I believe to be a reasonable costj 28 based on by decade of experience as a plaintiffs’ attorney in this geographic area. (See Invoice 2 Declaration of Daniel L. Carter Nos. E272079-01 and Invoice No. E272090-02 from Eddings Attorney Service for the personal] service on Lelis Gonzalez and Victor Carranza attached hereto as Exhibit “4”) 7 I spent a reasonable 1.7 hours reviewing and preparing the pertinent filing. ] anticipate that I will spend an additional 1.0 hour for oral argument on this issue. My hourly rate is $350.00 which equates to $945.00. 6 8 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this 16" day of August ) 8 Lp 10 By Daniel . Carter, Esq. 1 122 13 14 15 16 17 7 18 19) 20 2!21 22 23 24 25 26 27 28 Declaration of Daniel L. Carter PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss: COUNTY OF FRESNO ) I am employed in the County of Fresno, State of California. I am over the age of 18} years and not a party to the within action. My business address is 2445 Capitol Street, Suite 105 Fresno, CA 93721. I am employed in the office of a member of the Bar of this Court, at whose direction I made this service. On October 11, 2019, I served the foregoing documents described as: PLAINTIFF’S REPLY TO DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO RECOVER COSTS OF PERSONAL SERVICE ON LELIS GONZALEZ AND VICTOR CARRANZA lacing [X] true copies thereof and/or the [ ] original document enclosed in sealed envelopes 10 on 0. lows: 1 Julia P. Cozad, SBN 219771 Law Offices of Dan D. Endoso & Associates 12 30 River Park Place West, Suite 160 Fresno, CA 93720 13 Attorney for Defendants. 14 z 15 [X/ BY MAIL AS FOLLOWS: I am “readily familiar” with the firm’s practice of collection] and processing correspondence for mailing. Under that practice it would be deposited with the 16 U.S. Postal Service on that same day with postage thereon fully prepaid at Fresno, California ir 17 the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if post cancellation date or postage meter date is more than one day after datd 18 of deposit for mailing on affidavit. 19 if BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the 20 offices of the addressee listed above. 221 if BY FEDERAL EXPRESS: | caused said envelope to be sent by Federal Express to the 22 above addressee(s) for overnight service. 23 if BY TELECOPIER/FAX: In addition to the above service by mail, hand delivery oy Federal Express, I caused said document(s) to be transmitted by telecopier at approximatel: 24 a.m./p.m. to the addressee(s) marked with a”. 25 I declare under penalty of perjury under the laws of the State of California that the 26 foregoing is true and correct. Executed on October 11, 2019, at Fresno, California. 27 28 4 Proof of Service EXHIBIT 1 REPORT OF TRAFFIC ACCIDENT DMV USE ONLY OCCURRING IN CALIFORNIA A Public Service Agency READ IMPORTANT INFORMATION ON BACK AS APPROPRIATE, PLEASE TYPE OR PRINT IN BOXES ‘OFVEHICLES [DATE OF ACCIDENT | ACCIDENT LOGATION - CITY/COUNTY [GN PANATE PROPERTY 2 Fade OF: p/a02017 FRESNO- Pontiac Ave. & Fresno Ave, LJ ves_EXI no DRNING FOR EMPLOYER Hour 3:15 __ Fas [tong Ot ae O Parad O Pedostian CJ sicyetist CO) other ec. rowanm Yes No DRIVER'S NAME (FIRST, MIDDLE, LAST) [DRIVER LICENSE AUNBER Khanh Mai Nguyen B4626902 CA DRIVER'S STREET ADDRESS DATE OF ETH 2567 W Lake Van Ness Cir 09/08/1967 “aCOBE Fresno CA 93711 Wik{ 4m 659)273-3375 (VEAR AND IRE) ie wil PLATE OR VERICLEIDENTIOANION RUGBER ie DNEOrSanT _Same.as Driver, ‘ZiCODE NGURANCE COMPANY NAME (NOT AGENT OR BROKER) AY THE TIME OF THE, NT POLICY NiMEER Statefarm L10 0651-F22-551 [COMPANY NAIC NUMBER POLICY PERIOD: To____._ | Same as Driver [osama FOREMPLOVER CX Moving aaron na O Parkes (C1) Pedsstrian D sieves §~ 0 other eo rovcanan ves LidNo [DRIVERS NAME (FIRST MIDDLE, [ORIVER LICENSE NUMBER Lelismaribel ‘Angel GGonzalez Y3089923 CA jORVERS STREET ADDRESS [care OF ean 2310 S. Meridian Ave. TELEPHONE NUMBERS a Fresno CA 93725 Wk ¢ 9) 977-3149 a (J INSURANCE COMPANY NAME (NOT AGENT OF BROKER) AT THE TIME OF THE ACCIDENT POUCY NUMGER Khanh Mai Nguyen QO injures & oriver C Passenger 2567 West Lake Van Ness Cir, Fresno, CA 93711 D peceased ODBicyetst O Pecestian NAMIE AND ADDRESS OF INDIIOUAL INJURED OR DECEASED D inured O pier CO Passenger O beceasea O Bicyetst O pedestrian ee won aot fanssensaacasan ‘ bannato [OTHER PROPERTY DAMAGED (TELEPHONE POLER, FENUE. LUEBTOCR, ETC) DAMAGES OVER'S7E0 B Lvs Clno ‘ PROPERTY OWNERS NAME AND ADDRESD | cartity (or declare) under penalty of perjury under tho taws of the State of Cafifemia that the foregoing is true and correct. aaE PRINTED NAME 09/26/2017 Khanh Mai Nguyen X Ayer ‘SR1 (REV, ore00m werw LIADDITIONAL INFORMATION ATTACHED SAUTORNA INSURANCE INFORMATION DMV FILE NUMBER A VEHICLE a ail llbebe assumed thie part to the Insurance company eer assumed you youwere not Insured for the indicated. ata. the accident nally compos and your eanse will be suspended. | accident and INAME OF INSURANCECOMPANY (NOT AGENCY OR THE LIABILITY POUCY COVERING THE CPERATION OF YOUR VEHICLE Statefarm POLICY PERIOD L10 0651-F22-551 a J ORIVER OF YOUR VEHICLE) ——— FORTE OF ACCIDENT [IN GR NEAR (GY GA TOWN) (CALIPORSUA GLY) 08/30/2017 Fresno VEHICLE (YEAR AND MAKE) | VERICLE LICENSE PLATE NUNGER | STATE 2016 Porsche Cayenne WPIAA2A24GKA37479 7SSX263 CA [ADDRESS Khanh Mai Nguyen 2567 West Lake Van Ness Cir, Fresno, CA 93711 now now }FULL NAME OF POUCY HOLDER teerrorane nse tenant if the policy was not in effect, this form must be completed and returned to the Deparment within 20 days. ‘The undersigned company advises that with respect to the reported accident, the policy reported on the reverse side: (0 WAS NOT INEFFECT 1D Was not aliability policy 00 bid not cover the vehicle/driver Oo Number is not @ company pollcy number Policy Number Policy Period from to Signature MAIL TO: Department of Motor Vehicles Title Financial Responsibility = DECLARATIONS New Business Infinity Insurance Company DECLARATIONS EFFECTIVE ON: 11/28/2016 PO Box 830785 Birmingham, AL 35283-0189 CURRENT POLICY PERIOD, POLICY IS EFFECTIVE AT THE ADDRESS OF THE POLICY HOLDER AS STATED HEREIN, POLICY NUMBER: 904601408805001 FROM: 12:01 AM 11/29/2016 TO: 12:01 AM 11/29/2017 STANDARD TIME ANGEL CARRANZA, VICTOR OROZCO INSURANCE SERVICES PRODUCER NUMBER 2310S MERIDIAN AVE 441 W OLIVE AVE FRESNO, CA 93725 FRESNO, CA 93728 TELEPHONE NO. : Fe DESCRIPTION OF OWNED AUTOMOBILE VEH] USE YEAR | MAKE, MODEL, SODY VEHICLE | ER 1 Plegsure 1884 | TOYO PICKUP PICKUP 4X2 SRS EXTEN sTavNaSDRDeDESO 2 | Pleasure 2006 | TOYO SEQUOIA SEQUOIA SRS 4DR 4x2 STOZT34A268275930 (INSURANCE IS AFFORDED ONLY FOR THE COVERAGES FOR WHICH LIMITS OF LIABILITY AND PREMIUM CHARGES ARE INDICATED (COVERAGE AND LIMITS OF LIABILITY PER PERSON PER ACCIDENT VEHI VEH2 $15,000 each parson $30,080 each accident 138.00 141.00 Property Damage $10,000 each accident 154.00 167.00 Uninsured Motorist - B! REJECTED" “REJECTED ‘$500.00 Deductibis 248.00 Comprehensive $500.00 Deductible 130.00 Totel PremiumFor Each Car 292.00 677.00 GA Fraud Feo 1.76 1.76 20.00 LIMITS WHEN AN INSURED AUTO IS BEING OPERATED BY A PERMISSIVE DRIVER.AS Ol Winn THE POLICY. LIABILITY LIMITS DROP TO THE KINEIUM STATUTORY LIMITS WHICH ARE St5C00 PER PERSON, s90,c00 ACCIDENT, AND $5,090 FOR PROPERTY DAMAGE IN CALIFORNIA. ENDORSEMENTS: 01168R0215; 05897N1010; 01412R0215; 01193R0410; 03486R0110; 10480ARNOS; 00S07R0216 TOTAL PREMIUM FEES CASH APPLIED ———— PAYMENTS ‘1ST PAYMENT DATE | $23.52 $120.42 1@ $32.29 i COUNTERSIGNED AT BY. 11/16/2016 11 INSURED COPY ~ NAME AND ADDRESS OF LOSS PAYEE OR LESSOR VEH GPTIONAL EQUIPMENT VEH ITEM VEH VALUE GPERATORS INSURED UNDER THIS POLICY # NAME 1 ‘Victor, 2 Lells M Ange) Gonzalez yothorhoonx P F 00000 19 EXCLUDED OPERATORS # NAME BAR TAL DRIVER'S LICENSE Bi DISCOUNTS AND SURCHARGES VEH4 VEH 2 DESCRIPTION DESCRIPTION DESCRIPTION 18000-15989 MLG/ 16000-16899 Good Drivas 2 ‘Good Driver 2 Repair Satisfaction Discount ADDITIONAL INSURED UNDER THIS POLICY VEH NAME AND ADDRESS OF ADDITION INSURED AL (LESSORS SHGULD REFER TO ENDORSEMENTS) KEY: YRS DRV EXP = YEARS OF DRIVING EXPERIENCE RATE ZIP = RATE ZIP CODE VEH = VEHICLE Where is damage to vehicle *Can you text us pictures? ——_———-—___ S-100 SUMMONS (SOLD PARA U0. DELACORTE (CITACION JUDICIAL) NOTICE TO DEFENDANT: E-FILED {AVISO AL DEMANDADO): 7/11/2019 11:45 AM Lefis Gonzalez, an individual; Victor Carranza, an individual Superior Court of California County of Fresno BORE 7 10.20 By: A. Rodriguez, Deputy ING SUED BY PLAINTIFF: (20 ESTA DEMANDANDO EL DEMANDANTE}: Khanh Nguyen, an Individual;Daniel Nauyen, en individual: NOTICE! You have been sued. The court may decide againat you witout your being heard unions you respons win SO days, Read the formation ve you have 30 CALENDAR DAYS after ths sumamons snd Inga! papers are served on yout oa ven roapanse at court and have ‘served on the plaintiff. A tater ar phane call will not protect you. Your vatiten rust bo propa legal form i you wane the ecu to heat your case. There may be a coutt form that you can use for’ Seeesea Cte more nina Center| ‘ter [ibrary,tr the courthouse nemeat you. lt you corset pay eng foe, ak the court clerk for @ fee waiver form. ir you do ot yur expense cna yo may ash cso by coed your epee aoney, and property may be takan without ‘warning from ‘There are other ea eenuan aerial right avray. Uf ee you may want to call en attomey referral service. if you cannot afford an attomay, you may be eligthte for free legal pmo nana /Bervices program. You can Iccate these nanprofe groups st sie Gator ‘Services ‘contacting your tecal court or be aaron NOTE: The cou hat a cary fen wate foes ed ‘asi on any sofa or ataton ears of 10,00 or mero ta & Gui cane, Tho coUIts ten mutt be pall bale tho cour vl Cass seams, JAVISO! Lo han demandstio, Sino responds canto de 30 dias, fa corte puade deokdir en su contra sin escuchar su versita, Lea ta informacién a ‘Tlena $0 DIAS DE CALENDARIO después do: al ontoguen oxi chactin y papeize legates para prosantar una Tessa poy escro an esta anata tenn copia a! demendante, Una carte © una Hamada telefénica |no fo potagen, Su respuosta por escrito tiene que estar legal comecto $i dese8 qué procesen su caso en la corte. Es positle que hays un’ Sot a a PPuodo encartereainsfamuiaros do e carte y mts txtamaciin on af Cant do Ayuda dots Gates G5 Gatonts bibRotece de layes de sy condedo o en la corte qua fe quedo mis cema. SI no puede pagar is cuote de a arcing do a ort que le dé un fonnutario | page de cuctas. Sino SU respuesta8 Puede perder e! case par incumpiimiento y ts corte te Poors quitar su sueide, dinero y blenas sin més recomendiabie que fame a un abogado, ‘Sino conoce a un abogado, puede tomar a un sarvicio da a abogadas. SI no puede ‘a un shogadto, es posible que cumple con los. degales gretutos dp un programa da sarvisies legaiss sin: de luere,Sea Puede:ustanetnen grupos sin Snes da tucro en e! sitio wab de Cakfomia ), en ef Centrode. 2 las ee eer oe caged ages kel. AVI: Pry, ler ama deco recon ‘cuotas y Ios costos exantos por' 8 $10,0006. tun antardo o tina conceatin do etitajo cn tn Caso Go deeoto ch, Tose Qua pagar el roveman dfs coo aaa do quo a caro pends dschar cf cose ‘The name and address of the court Is: FRESNO (Ginembre y direcclin de la corte a3): aad a 19CECG02498 ‘1130 °O* Street eee and telephone number of nara. cece yet aero do taro tl sheen el amanda que no tan abogado, es) JeffreyD. Bohn (SBN: 243870), Accident, ilu & Medical tatpratice Atomoys of Cafomia, APC ee ‘Street, Sulte 105, Fresno, CA 93721 §55-485-1212 Cistk, by » Deputy ene ue (Secretario) J A. Rodrig use Proof cf Service of PO 5-0 ON} {Parc pruabe do ented oat tain uso a fonts Prost ot Bariceof Suenos 5-010). NOTICE TO THE PERSON SERVED: You are served 4, C) as an individual 2. [1] as the parson susd under the fictitious name of (speoliy): or 3. CD onbehaifof (spect): unde CI) cop 416.10 (comoration) 5 CCP 416.60 (mincr) SOY + £2) CCP 416.20 (defunct comporation) CCP 416.70 (conservatse) [1] CCP 416.40 (association or partnership) [—] CCP 416.90 (authorized person) CJ other (epeciiy: 4. [1] by personal delivery on (dato): ‘Porm Adopiadtortaancesny Ut Papotett SUMMONS (Code of Cha Proce 65 412.20, 455 ‘BUM-400 ew.ty 4, PLD-PI-001 ATTORNEY GR PARTY WITHOUT Qian, Stale Bar number, end ecerese}: FORCOURT USE ONLY | JaffrayD. Bohn (SBN: 243870) Accident, injury & Medical Malpractice Attomeys of Cafifomia, APC E-FILED Capito! Street, S1 7/1112019 11:45 AM Fresno, CA 93721 Superior Court of California TELEPHONE NO: 559-485-1212 FAXNO. (Onsanet: 559-485-1210 County of Fresno (BAPAIL ADDRESS (Optionay: By: A. Rodriguez, Deputy ATTORNEY FOR (vamar: Plaintiff(s) ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: 1730 "O” Street MAUNG ADDRESS: 1130 °O” Street cry axpzpcon: Fresno 93721 GRANCH NAME: Central Division PLAINTIFF: Khanh Nguyen, an individual; Danie! Nguyen, an Individual: DEFENDANT: Lefis Gonzalez, an individual; Victor Carranza, an individual (2) bogs 1To 20 inclusive COMPLAINT—Personal Injury, Property Damage, Wrongful Death AMENDED (Number): ‘Type (check aff that apply): Go ee [) OTHER (speeity}: Damage [__] Wrongful Death I Personal injury Other Damages (specify): Jurisdiction (check all that apply): Case: [2 ACTION IS A LIMITED Civil CASE 19CECG02498 Amount demanded [__] does not exceed $10,000 (2) exceeds $10,000, but does not exceed $25,000 ] ACTION IS AN UNLIMITED CIVIL CASE (exceetis $25,000) ] ACTION IS RECLASSIFIED by this amended complaint C2) trom timtted to untimited [J from untimited to fimited 4. Plaintiff (name or names): Daniel Nguyen, Khanh Nguyen alleges causes of action against defendant (name or names): Lelis Gonzalez and Victor Carranza 2. This pleading, Including attachments and exhibits, consists cf the following number of pages: § 3, Each plaintiff named above is a competent adult 8. [1] except plaintiff (name): (1) [) 2 comoration qualified to do business in Califomia (2) (2) an unincorporated entity (describa): (3) [) a public entity (describe): (4) J aminer [—) anadutt (2) [(_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (>) [J other (specify): (8) [—) other (spect: b. (7) except plaintiff (name): (1) [J a corporation qualified to do business in Califomia @ an unincorporated entity (describe): (3) (2) apublic entity (desoribe): (4) (J aminor [7] an adutt (a) (2) for whom a guardian or conservator of the estate or a guardian ad litem has been appcinted (>) [J other (epeaity): 2 other (spect: 1 information absut additional plaintiffs who are not compatent adutts is shown in Attachment 3. Pago $of3, bem Ap COMPLAINT—Personal Injury, Property ‘Cade Bf ChO Precedire, 6 426.12 Raw. danory 4, 2007) Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Nguyen v. Gonzalez 4. (5) Plaintitt (name): is doing business under the fictitious name (specify): .and has complied with the fictitious business name laws, Each defendant named above Is a natural person a. (] except defendant (name): c [_] except defendant : (1) [5 a business organization, form unknown (1) () a business organization, form unknown (2) L_) a corporation (2) ‘a corporation (3) [) an unincorporated entity (describe): (3) () an unincorporated entity (describe): (4) (2) a public entity (describe): (4) [CD a public entity (desonbe): (8) (J ether (spect: (©) [—) other (spect: b. =) except defendant (name): d. [=] except defendant (namo): (1) [_) a business organization, form unknown (1) (2) abusiness organization, form unknown (2) (2) a corporation (2) CL) acomoration (3) (2) en unincorporated entity (describe): (3) (2) an unincorporated entity (describe): (4) [] a public entity (describe): (4) [) a public entity (describe): (©) (7 other (specify): (5) [=] other (gpeciy): [5 Information about additional defendants who are not natural persons Is contained