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MEU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-16-2012 3:49 pm
Case Number: CGC-11-509805
Filing Date: Apr-16-2012 3:49
Filed by: ROSSALY DELAVEGA
Juke Box: 001 Image: 03577699
OPPOSITION
BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR VS.
STEPHANIE NAIFEH et al
001003577699
Instructions:
Please place this sheet on top of the document to be scanned.FAX TEI
FIRST LEGA! cHesnet cERuInFe
SANTA ANA
8. CHRISTOPHER YOO (CA Bar No. 169442)
cyoo@AlvaradoSmith.com
ALYSON M. DUDKOWSKI (CA Bar No. 259728)
adudkowski@AlvaradoSmith.com
ALVARADOSMITH
A Professional Corporation
1 MacArthur Place, Suite 200
Santa Ana, Califormia 92707
Tel: (714) 852-6800
Fax: (714) 852-6899
Attorneys for Plaintiff
BANK OF AMERICA, NATIONAL ASSOCIATION AS
SUCCESSOR BY MERGER TO LASALLE BANK NA AS
TRUSTEE FOR WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2007-HY06 TRUST
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
BANK OF AMERICA, NATIONAL
ASSOCIATION AS SUCCESSOR BY
MERGER TO LASALLE BANK NA AS
TRUSTEE FOR WAMU MORTGAGE PASS-
THROUGH CERTIFICATES SERIES 2007-
HY06 TRUST,
Plaintiff,
v.
STEPHANIE NAIFEH, an individual; SAM
SEGALL, an individual, STEPHEN ANDREW
EASTERLY, an individual; ADAM J. WHITE,
an individual; ANDREA S. WHITE, an
individual; ALL PERSONS UNKNOWN,
CLAIMING ANY LEGAL OR EQUITABLE
RIGHT, TITLE, ESTATE, LIEN OR
INTEREST IN THE PROPERTY KNOWN AS
49 ZOE STREET #15, SAN FRANCISCO,
CALIFORNIA 94107; and DOES 1 through 50,
inclusive, .
Defendants.
CASE NO.: CGC-11-509805
OPPOSITION TO DEFENDANT’S
MOTION TO SET ASIDE DEFAULT
UNDER CCP SECTION 473;
DECLARATION OF ALYSON M.
DUDKOWSKI
DATE: April 27, 2012
TIME: 9:30 a.m.
DEPT: “501”
ACTION FILED: April 4, 2011
Plaintiff Bank of America, National Association as successor by merger to LaSalle Bank NA
as trustee for WaMu Mortgage Pass-Through Certificates Series 2007-HY06 Trust (“BofA” or
“Plaintiff’) respectfully submits this Memorandum of Points and Authorities in Opposition to the
1
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
3187788.1 -- ALIO9.2174,
%,1 | Motion Set Aside the Default of defendant Stephanie Naifch (“Defendant”) for Mistake and/or
2 ||Excusable Neglect under California Code of Civil Procedure §473(b) (“Motion”).
3 MEMORANDUM OF POINTS & AUTHORITIES
4]. SUMMARY OF ARGUMENT
5 Defendant moves this court to set aside the default entered against her on August 25, 2011.
6 || Defendant contends that this Court should set aside the default because Defendant engaged in
7 |imistake and/or excusable neglect when she failed to timely respond to BofA’s summons and
8 complaint. Defendant’s argument is without merit. Defendant brings this Motion despite being
9 | properly served by substituted service and despite admitting having actual notice of the lawsuit as
10 | early as July 16, 2011, at least five weeks before entry of default.
11 Initially, Defendant’s Motion is not served in compliance with CCP §1005(b) and fails to
12 | provide the statutorily required notice. Further, Defendant has failed to bring her Motion within 6
13 | months after the clerk's entry of default. CCP §473(b). Thus, the Motion is ineffective.
4 Not only has Plaintiff failed to meet the procedural requirements for the Motion, Plaintiff
15 |[aiso fails to meet the substantive requirements, Defendant should have provided credible evidence
16 | of surprise, inadvertence, or excusable neglect for why this Motion should be granted. Defendant
17 ||has not met her burden. Instead, Plaintiff's supporting affidavit and substantial evidence establish
18 | that proper service of summons was made upon Defendant, and Defendant had actual notice of the
19 | lawsuit at least July 16, 2011, five weeks before default was entered. Despite having knowledge of
20 | the lawsuit, Defendant did nothing to preserve her rights. Defendant is not entitled to the requested
21 relief. Accordingly, this Motion should be denied.
22 WIL SUMMARY OF RELEVANT FACTS
23 On April 4, 2011, the Complaint was filed and the Court issued a Summons. See Declaration
24 Jot Alyson M. Dudkowski ("Dudkowski Deci.”), 43; Court docket. That same day, Plaintiff sent the
25 | Summons and Complaint out for service of process to via First Legal Support Services ("First
26 | Legal"), a reputable company Plaintiff's counsel has used thousands of times over the years, without
27 jlany incidence of impropriety or alieged defective service. Dudkowski Decl. 4. However, First
28 | Legal was not able to complete service. Jd.
2
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
3157788.1 -- ALIO9.21741 On or about April 29, 2011, Plaintiff hired Knowles & Vacca, Inc., another process server, to
2 jeffect service. Knowles & Vacca, Inc. is a reputable company Plaintiffs counsel has used hundreds
3 of times over the years, without any incidence of impropriety or alleged defective service.
4 | Dudkowski Decl. $5.
5 Robert Irigoyen (“Irigoyen”), an employee of Knowles & Vacca, Inc. with California Private
6 |Investigator license number PI 19011, obtained the two possible home addresses for Defendant
7 | through the use of real property records and subscription based database searches: 5246 Cleon
8 | Avenue, North Hollywood, California 91601 and 264 S. La Cienega Blvd. #1098, Beverly Hills,
9 || California 90211. Dudkowski Decl. 97, Exhibit A.
10 On May 9, 2011, at 5:00 pm, Irigoyen made his first attempt to personally serve Defendant at
11 [her last known home address located at 5246 Cleon Avenue, North Hollywood, California 91601. Id.
12 | He did not receive any response from knocking on the front door. On May 10, 2011, at 10:00 arn,
13 | Irigoyen made his second attempt to personally serve Defendant at her last known home address. Id,
He did not receive any response from knocking on the front door. Jd. On May 11, 2011, at 1:15 pm,
SANTA ANA
=
15 } Irigoyen made his third attempt to personally serve Defendant at her last known home address. Jd.
16 |/He did not receive any response from knocking on the front door. At 3:10 pm, he again attempted to
17 | personally serve Defendant at her last known home address. /d. He did not receive any response
18 } from knocking on the front door. Jd. On May 13, 2011, at 11:00 am, Irigoyen made his fourth
19 | attempt to personally serve Defendant at her last known home address. /d. He spoke with a woman
20 | who infonned him that Defendant did not live there anymore. Jd. The woman would not provide
21 him with any other information. Jd. He visually confirmed that this woman was not Defendant based
22 fon the photos he had found of Defendant on the internet. Id.
23 On May 13, 2011, at 11:35 am, Irigoyen then attempted to personally serve Defendant at her
24 jj last known mailing address located at 264 S. La Cienega Blvd. #1098, Beverly Hills, California
25 90211. Jd. According to Irigoyen, this is the location of a private mail box business. Jd. He spoke
26 j with an employee, Erika Rios, who confirmed that Defendant has an account and receives mail in
27 |[private mail box #1098. /d. He then perfected substituted service on Defendant by leaving the
28 Summons and Complaint with Erika Rios, who informed him that she was going to put the
3
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
3157788.1 - AL1O9.21741 |}documents in Defendant's private mail box. Jd. On May 20, 2011, Irigoyen mailed (by first-class,
2 ||postage prepaid) copies of the documents to Defendant at her private mail box address located at 264
3 |S. La Cienega Blvd. #1098, Beverly Hills, California 90211, from his office in Santa Ana,
4 ||California. Id.
5 On or about July 18, 2011, Knowles & Vacca, Inc. returned the Proof of Service of the
6 Summons and Complaint on Naifeh, and provided Plaintiff's counsel with a Declaration of
7 | Reasonable Diligence explaining their efforts to personally serve Naifeh prior to utilizing substitute
8 |/service. Dudkowski Decl. 6. On July 18, 2011, Plaintiff filed the Proof of Service of Summons
9 |jand Complaint and the Declaration of Reasonable Diligence with this Court. Dudkowski Decl. 7,
10 | Exhibit A; see a’so Court docket. On or about July 25, 2011, Plaintiff received an incomprehensible
11 |}document from Defendant. Dudkowski Decl. 48, Exhibit B. Plaintiff was not able to discern the
12 |meaning or purpose of this document. Jd.
13 On August 10, 2011, having received no responsive pleading from Defendant, Plaintiff filed
a Request for Entry of Default against Defendant. Dudkowski Decl. 9, Exhibit C. On August 25,
SANTA ANA
B
15 |/2011, the Court entered default against Defendant. Dudkowski Decl. §10; see also Court docket.
16 Defendant served her Motion on BofA on April 2, 2012 by mail. Dudkowski Decl. 11,
17 | Exhibit D. Accordingly, for sufficient notice to be given, the earliest date the Motion could be heard
18 jis April 30, 2012. Dudkowski Decl. 912. However, Defendant has noticed the Motion to be heard on
19 | April 27, 2012 — three (3) calendar days sooner than the statutory notice period requires. Dudkowski
20 | Decl. 423.
21 |. LEGAL STANDARD FOR RELIEF FROM DEFAULT
22 A party may move for relief from default under Section 473 within a reasonable time on the
23 | grounds of mistake, inadvertence, surprise, or excusable neglect. CCP § 473 (b); Lorenz v.
24 | Commercial Accept. Ins. Co., 40 Cal. App. 4th 981, 989 (1995). In the absence of an “attorney
25 | affidavit of fault,” the burden is on the moving party to show that the neglect was excusable: i.e., that
26 ||the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of
27 | America, 141 Cal. App. 3d 55, 58 (1983) "the acts which brought about the default must have been
28 } the acts of a reasonably prudent person under the same circumstances.”).
4
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
3157788.1 -- AL109.21741 The trial court has broad discretion to vacate the judgment and/or the clerk's entry of
2 |default that preceded it. However, that discretion can be exercised only if the moving party
3 | (defendant) establishes a proper ground for relief, by the proper procedure, and within the
4 | proper time limits. Cruz v. Fagor America, Inc. 146 Cal. App. 4th 488, 495 (2006).
5 Section 473.5 of the Code of Civil Procedure also authorizes relief from default if the party
6 |\did not receive actual notice and lack of notice was not caused by the party’s avoidance of service or
7 |excusable neglect. CCP § 473.5. However, Defendants motion is not brought under this Section,
8 | and in any event, relief under this Section is both improper and inapplicable as Defendant admitted
9 | having actual notice on July 16, 2011, nearly five weeks before the clerk’s default was cntered. See
10 | Declaration of Stephanie Anue Naifeh (“Naifeh Decl.) 46.
11 |TV. PLAINTIFF'S MOTION MUST BE DENIED BECAUSE PLAINTIFF HAS FAILED
12 TO PROVIDE THE STATUTORILY REQUIRED NOTICE
13 Plaintiff's Motion seeks to set aside the default entered on August 25, 2011 pursuant to CCP
35 j 14 | §473(b). Motion, 2:20-27. Plaintiff's Motion is improper because Plaintiff did not provide
5 - 15 |/statutorily required notice for the relief sought.
. é 16 While CCP §473(b) allows for a party to seek relief from default as a result of “mistake,
17 surprise, inadvertence or excusable neglect,” it requires the moving party to file a noticed motion.
18 || The service requirements for motions are set forth in CCP §1005(b). The original Motion and
19 | Notice did not comply with this statutory requirement because it did not allow for a sufficient notice
20 | period.
21 Pursuant to CCP §1005(b), "all moving and supporting papers shall be served and filed at
22 }least 16 court days before the hearing. ..if the notice is served by mail, the required 16-day period of
23 | notice before the hearing shall be increased by five calendar days..." Code of Civil Procedure
24 | $1005(b) (emphasis added).
25 Plaintiff served her Motion on BofA on April 2, 2012 by mail. Dudkowski Decl., 11.
26 | Accordingly, for sufficient notice to be given, the earliest date the Motion could be heard is Apzil
27 |}30, 2012. See Dudkowski Decl., ] 12. However, Plaintiff has noticed the Motion to be heard on
28 | April 27, 2012 — three (3) calendar days sooner than the statutory notice period requires. See
5 .
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
3157788.1 -- ALIO9.21741 | Dudkowski Decl., 13. Because BofA was not provided with proper notice of the Motion hearing,
2 | the Motion must be summarily denied.
3]. PLAINTIFF'S MOTION MUST BE DENIED BECAUSE PLAINTIFE’S MOTION IS
4 UNTIMELY
5 Plaintiff's Motion seeks to set aside the default entered on August 25, 2011 pursuant to CCP
6 }§473(b). Motion, 2:20-27. Plaintiff's Motion is improper because Plaintiff did not bring the Motion
7 | within 6 months after the clerk's entry of default.
8 Defendant may seek discretionary relief from default under CCP § 473(b) on grounds of
9 | “mistake, inadvertence, surprise or excusable neglect.” CCP § 473(b). The motion for discretionary
10 Irelief must be filed within 6 months after the clerk's entry of default. /d. The motion is ineffective if
11 || filed thereafter, even if it is within 6 months after entry of the default judgment. See id.
12 Here, Plaintiff's Motion is untimely. On August 10, 2011, Plaintiff filed a Request for Entry
13 | of Default against Defendant. Dudkowski Decl. 9, Exhibit C. On August 25, 2011, the Court
14 entered default against Defendant. Dudkowski Decl. {10; see also Court docket. Thus, the deadline
15 |to file a motion for discretionary relief was February 25, 2012. See CCP § 473(b).
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16 Plaintiff filed her Motion on April 2, 2012. See Court docket. Plaintiff brings her Motion
17 llover five weeks late. Because Plaintiff s Motion is untimely, the Motion must be summarily denied.
18 | VI. THE SERVICE OF THE SUMMONS AND COMPLAINT WAS PROPER
19 The filing of a proof of service creates a rebuttable presumption that the service was proper.
20 | M. Lowenstein & Sons, Inc. v. Superior Court 80 Cal. App. 3d 762, 770, (1978), quoting from
21 | Judicial Councit Report, comment to CCP § 417.10. The presumption arises only if the proof of
22 | service complies with the applicable statutory requirements. One of the statutory requirements is
23 |that the proof of service must be signed by the person who made the service. CCP § 417.10.
24 | Additionally, section 417.20 requires that “if service is made by mail pursuant to Section 415.40,
25 | proof of service shall include evidence satisfactory to the court establishing actual delivery to the
26 | person to be served.” CCP § 417.20 (a). To do so, it must show that the summons was mailed to a
27 |/person or persons who may be served, and “the name, title or representative capacity, if any, ... of
28 jsuch person or persons...” Judicial Council Report, Comment to CCP § 417.20.
6
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
BUSTIRR.L ~ ALEO9.21741 Here, the presumption arises because the Proof of Service filed with the Court shows that
2 | proper substituted service was performed. See Dudkowski Decl., Exhibit A. Substituted service on
3 | individuals is allowed after reasonable diligence has been shown, but personal service was not
4 | possible. CCP § 415.20 (b). Here, the Proof of Service establishes reasonable diligence was used to
5 |\effectuate service prior to substituted service. See Dudkowski Decl., Exhibit A. Four attempts were
6 ||made prior to using substituted service. Jd. The four attempts occurred on various dates and times,
7 ||including a week day, over the weekend, and during the moming and evening hours. Id.
8 After four attempts, substituted service was made. /d. Substituted service was authorized by
9 | statute. CCP § 415.20 (b) provides substituted service may be made upon an individual, in relevant
10 | part, by:
1t “leaving a copy of the summons and complaint at the person's
dwelling house, usual place of abode, usual place of business, or usual
z 12 mailing address other than a United States Postal Service post office
. z box, in the presence of a competent member of the household or a
o6 13 person apparently in charge of his or her office, place of business, or
BS usual mailing address other than a United States Postal Service post
g 2 14 office box, at least 18 years of age, who shall be informed of the
é contents thereof, and by thereafter mailing a copy of the summons and
227 15 of the complaint by first-class mail, postage prepaid to the person to be
<3 served at the place where a copy of the summons and complaint were
= 16 left.”
17 Here, the Proof of Service clearly shows that Defendant was properly served by substituted
18 | service. See Dudkowski Decl., Exhibit A. The address where substituted service was performed
19 | was Defendant’s private mail box. Jd. The Proof of Service recites that an individual, at least]8
20 | years of age of 18 and in charge of the usual mailing address, was informed of the contents of the
21 |papers. /d. Moreover, copies of the Summons and Complaint were also mailed to Defendant at her
22 jprivate mail box address. Jd.
23 | VII. DEFENDANT FAILS TO SET FORTH GROUNDS WARRANTING RELIEF
24 PURSUANT TO CCP & 473(b)
25 In the Motion, Defendant seeks relief under CCP § 473 based upon mistake or excusable
26 |negligence. See Motion. However, Defendant is not entitled to discretionary relief as she has failed
27 }/to set forth grounds justifying such relief.
7
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
3157788.1 -~ AL109.21 74.1 CCP § 473 authorizes relief from default upon terms that are just if, within a reasonable time,
2 ||the party requesting relief demonstrates that the default was taken through his or her mistake,
3 | inadvertence, surprise, or excusable neglect. CCP § 473(b). Where relief is conditioned on a party’s
4 ||mistake or neglect, rather than an attorney’s neglect or mistake, relief is solely within the court’s
5 |discretion. Arambula v, Union Carbide Corp., 128 Cal. App. 4th 333, 340 (2005). The burden is on
6 ||the moving party to show that the neglect was excusable: i.¢., that the default could not have been
7 javoided through the exercise of ordinary care. Jackson, 141 Cal. App. 3d at 58. Thus, the acts which
8 | brought about the default must be the acts a reasonably and prudent person under the same
9 } circumstances would have taken. /d.
10 Here, Defendant’s acts were not those of the reasonably prudent person under the same
11 jcircumstances. Defendant’s motion for relief is based upon he alleged misunderstanding of the word
12 | “respond” in the Summons. Motion, 3:2-7. Defendant also alleges she has not been properly served.
13 | Motion, 3:9-13.
i4 As discussed above, service on Defendant was proper. In any event, Defendant admits she
15 }had actual notice on July 16, 2011. On or about July 25, 2011, Plaintiff received an
i6 jincomprehensible document from Defendant. Dudkowski Decl. 8, Exhibit B. However, Plaintiff
17 | was not able to discern the meaning or purpose of this document. Id.
18 Moreover, Defendant did not call Plaintiff's attorney of record, whose phone number and
19 |laddress was prominently displayed on the front of the Complaint. Instead, Defendant did nothing,
20 | despite having actual notice that there was a Complaint with eleven causes of action against her.
21 Taking action in July would have prevented default from being entered against her, which
22 ||was not entered for an additional five weeks. Instead of acting with diligence to inquire about the
23 j)status of the lawsuit, Defendant sat on her rights and did nothing.
24 Defendant has not showed surprise, mistake, or excusable neglect warranting relief from
25 |;default. Defendant has slept on her rights, and relief is not warranted under these circumstances.
26 | Accordingly, this Court should exercise its broad discretion and deny the requested relief.
27 yi
28 Vii
8
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
31S7788.1 — ALL09.22741 | VOI. RELIEF FROM DEFAULT UNDER CCP §473.5 IS IMPROPER BECAUSE
2 DEFENDANT HAS NOT REQUESTED IT AND DEFENDANT HAD ACTUAL
3 NOTICE OF THE LAWSUIT PRIOR TO ENTRY OF DEFAULT
4 CCP § 473.5 authorizes relief from defavit if the party did not receive actual notice, and lack
5 jof notice was not caused by the party’s avoidance of service or excusable neglect. Defendant has not
6 jnoticed this Motion on this basis. Additionally, in any event, relief under this CCP § 473.5 is both
7 |improper and inapplicable as Defendant admitted having actual notice on July 16, 2011, nearly five
8 | weeks before the clerk’s default was entered. See Naifeh Decl. 46. Accordingly, relief under this
9 |provision is not warranted.
10 JIX. JF RELIEF IS GRANTED, SANCTIONS MAY BE IMPOSED
i Whenever the court grants relief from default judgment under § 473, it may:
12 + impose a maximum penalty of $1,000 on the offending attorney or defaulting party;
13 + direct an offending attomey to pay a maximum of $1,000 to the State Bar Client Security
2 14 Fund; or
: 15 * grant “any other relief as is appropriate.”
16 CCP § 473(c)(1)(A),(B) & (C). Thus, if relief is granted, Plaintiff requests the Court impose
17 ||sanctions against Defendant.
18 |X. CONCLUSION
19 Based on the above, the Court should deny Defendant’s Motion to Set Aside the Default, as
20 || Defendant fails to satisfy the mandatory requirements required for relief under CCP § 473.
21 |} DATED: April 16, 2012 ALVARADOSMITH
A Professional Corporation
22
. By:
24 S°CHRISTOPHER YOO
ALYSON M. DUDKOWSKI
25 Attomeys for Plaintiff
BANK OF AMERICA, NATIONAL
26 ASSOCIATION AS SUCCESSOR BY MERGER
TO LASALLE BANK NA AS TRUSTEE FOR
27 WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2007-HY06 TRUST
9
OPPOSITION TO MOTION TO SET ASIDE DEFAULT
3157788. - AL109.21741 DECLARATION OF ALYSON M. DUDKOWSKI
2 I, Alyson M. Dudkowski, declare as follows:
3 1. Iam an associate with the law firm of AlvaradoSmith, a Professional Corporation,
4 | attorneys of record herein for plaintiff Bank of America, National Association as successor by
5 merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series
6 |2007-HY06 Trust (“BofA” or “Plaintiff’) in the above-captioned action (“Action”). I have been
7 |duly admitted to practice law in the State of California.
8 2. J am submitting this Declaration in support of Plaintiff's Memorandum of Points and
9 | Authorities in Opposition to the Motion to Set Aside Default of defendant Stephanie Naifeh
10 ||(“Naifeh”) due to Mistake under CCP §473 (“Motion”).
It 3. On April 4, 201 1, the Complaint was filed in this Action and the Court issued a
12 | Summons. The Complaint contains eleven causes of action against defendants Stephanie Naifeh,
13 [Stephen Andrew Easterly, Samuel Todd Segal, Adam J. White and Andrea S. White ("Defendants").
14 4. I directed my legal assistant to have the Summons and Complaint sent out for service
SANTA ANA
15 | of process to First Legal Support Services ("First Legal"), a reputable company me and other
ALVARADOSMI
‘A Proression:
16 | attorneys at my firm have used thousands of times over the years, without any incidence of
17 | impropriety or alleged defective service. However, First Legal was not able to locate Defendants.
18 5. On or about April 29, 2011, I requested Knowles & Vacca, Inc., another process
19 | server, to effect service on the Defendants. Knowles & Vacca, Inc. is a reputable company me and
20 other attorneys at my firm have used hundreds of times over the years, without any incidence of
21 ||impropriety or alleged defective service.
22 6. On or about July 18, 2011, Knowles & Vacca, Inc. returned the Proof of Service of
23 | the Summons and Complaint on Naifeh, and provided us with a Declaration of Reasonable Diligence
4 explaining their efforts to personally serve Naifeh prior to utilizing substitute service. Naifeh was
25 | served by substituted service on May 13, 2011 by leaving the papers with an individual named Erika
26 | Rios, an employee at the private mail box business where Naifeh was receiving her mail located at
27 | 264 S. La Cienega Bivd., #1098, Beverly Hills, California.
28 7. By my direction, on July 18, 2011, the Proof of Service of Summons and Complaint
1
DECLARATION
31S7788.1 ~~ ALIO9.21741 |jand the Declaration of Reasonable Diligence was filed with this Court. A true and correct copy of
2 ||the Proof of Service and Declaration of Reasonable Diligence is attached as Exhibit A.
3 8. On or about July 25, 2011, my office received an incomprehensible document from
4 ||Naifeh. I was not able to discern the meaning or purpose of this document. A true and correct copy
5 lof the document is attached as Exhibit B.
6 9. On August 10, 2011, having received no responsive pleading from Naifeh, I directed
7 || my legal assistant to prepare a Request for Entry of Default against Naifeh. The Request for Entry
8 lof Default was served on Naifeh that day at 264 S. La Cienega Blvd., #1098, Beverly Hills,
9 ||California. A true and correct copy of the Request for Entry of Default is attached as Exhibit C.
10 10. On August 25, 2011, the Court entered default against Naifeh. See Court docket.
1 ll. Naifeh served her Motion on BofA on April 2, 2012 by mail. A true and correct copy
12 jof the Proof of Service filed with Plaintiff's Motion is attached hereto as Exhibit D.
13 12. Accordingly, for sufficient notice to be given, the earliest date the Motion could be
< 14 [heard is April 30, 2012.
15 13. However, Naifeh has noticed the Motion to be heard on April 27, 2012 — three (3)
16 | calendar days sooner than the statutory notice period requires.
7 I declare under penalty of perjury under the laws of the State of California that the foregoing
18 jis true and correct. Executed on April 16, 2012 at Santa Ana, California.
20 a
ALYSON M, DUDKOWSKI
2
DECLARATION
31577881 -- AL109.2174Exhibit AORIGINAL
POS-010
ATTORNEY OR PARTY WITHGUT ATTORNEY (Namie, Stale Sar number, ang cidress}: FOR COURT USE ONLY
S. Christopher Yoo, Esq. - (SBN 169442)
i AlvaradoSmith
| Macarthur Place, Suite 200 ENPORSED
Santa Ana, California 92707 A Ee coat
tevepuone No. (714) 852-6800 FAX NO. (Optonan: (714) 852-6899 Seal Coon
E-MAn ADDRESS (Ontiona We 18 2011
ATTORNEY FCR (Nome! Plaintiff BANK OF AMERICA, NATIONAL ASSOCIATIO
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
streeraooness. 400 McAllister Street CLERK OF THE COURT
‘MAILING ADDRESS: ‘Deputy Clerk
crv ano ze cone: San Francisco, California 94102
srancuname: Civic Center Courthouse
CASE NUMBER:
PLAINTIFF/PETITIONER: BANK OF AMERICA, NATIONAL ASSOCIATI
DEFENDANT/RESPONOENT: STEPHANIE NAIFEH, an individual; SAM SEGA
CGC-11-509805
PROOF OF SERVICE OF SUMMONS
Fie, No. oF Fila No.
(Separate proof of service is required for each party served.)
1. Atthe time of service I was at least 13 years of age and not a party to this action.
2, | served copies of:
a (VJ summons
b. [7] complaint
c. [¥] Alternative Dispute Resolution (ADR) package
d. [4] Civil Gase Covér Sheet (served in'complex cases only)
e. [_]. cross-complaint
§. [7] other (specify documents):
Pendency of Action
3. a. Party served (specify name of party as shown on documents served):
STEPHANIE NAIFEH, an individual
Exhibit | — 15; Notice to Plaintiff re: Case Management Conference; Stipulation to Alternative
Dispute Resolution, Case Management Statement; Judicial Mediation Program; Noticé of
b, Person (other than the party in item 32) served on behalf of an entity or as an authorized agent (and not a person
4, Address where the party was served:
264 S. La Cienega Blvd. #1098, Beverly Hills, California 90211
5. | served the party (check proper box)
a.
receive service of process for the party (1) on (date).
by substituted service. On (date): 05/13/2011
bp [4
urider item &b on whom substituted service was made) (specify name and relationship to the party named in item 3a):
by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to
(2) at (time):
at (time): 11:35 AM 1 left the'dacuments listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3):
ERICKA RIOS, employee of the private mail box business where STEPHANIE NAIFEH receives mail
(t) ["_] (business) a person at least 18 years of age apparently in charge at the office or usial piace of business
of the person to be served. | informed him or her of the general nature of the papers.
2
@ Lv
him or her of the general nature of the papers.
A)
(home) a competent member of the household (at least 18 years of age) at the dwelling house or itsual
piace of abode of the party. | informed him or her of the general nature of the papers:
(physical address unknown) a person atieast 18 years of age apparently in charge at the usual mailing
address of the person lo be served, other than a United States Postal Service post office box. | informed
t thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
®) Lv
at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents an
(date): 05/20/11 from (city): Santa Ana, CA or [_} a declaration of mailing is attached.
Vattach a declaration of diligence stating actions taken first to attempt personal service.
Page 1 of 2
For Adopted for Mandatory Use
suaeial Coural of California
FOS-010 fftew. Jamsary t, 2007)
Goda af Civil Procedure, § 417.50
PROOF OF SERVICE OF SUMMONSPLAINTIFE/PETITIONER) BANK OF AMERICA, NATIONAL ASSOCIATI | case nuvorr
ee CGC-11-509805
DEFENDANT/RESPONDENT. STEPHANIE NAIFEH, an individual; SAM SEGA
5. . [72] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, fo the
address shown in iter 4, by first-class mail, postage prepaid,
(1) on (date): 2) from (city):
@) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
tome, (Aifach completed Notice and Acknowledgement of Receipt) (Code Civ. Proc., § 415.30.)
4) to an address outside California with return receipt requested. (Code Civ, Proc. § 415.40.)
d. by other means (specify nieans of service and authorizing cade section):
Additional page describing service is attached.
6. The "Notice to the Person Served (on the summons) was completed as follows:
as an individual defendant. :
as the person sued under the fictitious name of (specify):
as occupant.
L_] On behalf of (specify)
under the following Code of Civil Procedure section:
[J 416.10 (corporation) [1 418.95 (business organization, form unknown)
(J 416.20 (defunct corporation) ©) 416.60 (minor)
(1 446.30 Goint stock company/association) [_] 416.70 (ward or conservates}
(1 416.40 (association or parinership) J 416.90 (authorized person)
Cl
C2 446.50 (public entity) 415.46 (occupant)
[2 other:
ao o8
7. Person who served papers
a. Name: Robert Irigoyen
b. Address: 2333 N. Broadway, Suite 260, Santa Ana, Calif
c. Telephone number: (714) 560-9400
, The fee for service was: $
nia 92706
aa
lam:
a not a registered California process server.
2 ce ‘exempt fram registration under Business and Professions Code section 22350(b).
@ a registered California process server:
owner [ employee | independent contractor.
(i) Registration No.:
(ii) County:
8 [VV] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and cerrect.
or
9. | am a California sheriff or marshal and | certify that the foregoing is ue-and-cgrrect. {| {™
Date: July 14, 2011 / j
‘ bon” Ve
. a 4
Robert Irigoyen > Nel oF
Tiiine OF PERGON WHO SERVED PAPERSISRERIFF OR MARSHAL) onary i}
POS.519 Ren tower 1 07] Page nore
PROOF OF SERVICE OF SUMMONS:27
28
DECLARATION OF DUE DILIGENCE
REGARDING SUBSTITUTED SERVICE OF STEPHANIE NAIFEH
BY ROBERT IRIGOYEN
}, Robert Irigoyen, declare and state as follows:
1. Lam an employee of Knowles & Vacca, Inc., California Private Investigator license
number P119011. Lam a citizen of the United States, and over the age of eighteen years, and not a party
to the within action. I have personal first-hand knowledge of the facts set forth herein, and if called
upon, I could and would testify competently thereto.
2. Through the use of reai property records and subscription based database searches, |
obtained the following two possible home addresses for defendant STEPHANIE NAIFEH: 5246 Cleon
Avenue, North Hollywood. California 91601 and 264 S. La Cienega Blvd. #1098, Beverly Hills
California 90211. The above-listed addresses were also listed on NAIFEH’S 2009 California
Bankruptcy Case 1:09-bk-19262. The North Hollywood address was listed as NAJFEH’S home address
and the Beverly Hills address was listed as NAIFEH’S mailing address.
3. On May 9, 2011, at 5:00 pm, I made my first attempt to personally serve NAIFEH at her
last known home address located at 5246 Cleon Avenue, North Hollywood, California 91601. I did not
receive any response from knocking on the front door.
4, On May 10, 2011, at 10:00 am, I made my second attempt to personally serve NAIFEH
at her last known home address located at 5246 Cleon Avenue, North Hollywood. California 91601. 1
did not receive any response from knocking on the front door.
5. On May 11, 2011, at 1:15 pm, I made my third attempt to personally serve NAIFEH at
her last known home address located at 5246 Cleon Avenue, North Hollywood, California 91601. I did
not receive any response from knocking on the front door.
6. At 3:10 pm, I again attempted to personally serve NALFEH at her last known home
address located at 5246 Cleon Avenue. North Hollywood, California 91601. I did not receive any
response from knocking on the front door.
7. On May 13, 2011, at 11:00 am, I made my fourth attempt to personally serve NAIFEH at
her last known home address located at 5246 Cleon Avenue, North Hollywood, California 91601. [spoke with a woman who informed me thet NAIFEH does not live there anymore. She would not
provide me with any other information. { visually confirmed that this woman was not NAIFEH based
on the photos I had found of NAIFEH on the internet.
8. At 11:35 am, I then attempted to personally serve NAIFEH at her last known mailing
address located at 264 S. La Cienega Blyd. #1098. Beverly Hills. California 90211. This is the location
of a private mail box business. I spoke with an employee, ERIKA RIOS, who confirmed that NAIFEH
has an account and receives mail in private mail box #1098. I then perfected substituted service on
STEPHANIE NAIFEFH by leaving the Summons and Complaint with ERIKA RIOS, who informed me
that she was going to put the documents in NAIFEH’S private mail box
9. On May 20, 2011, I mailed (by first-class, postage prepaid) copies of the documents to
STEPHANIE NAIFEH at her private mail box address located at 264 S. La Cienega Blvd. #1098,
Beverly Hills, California 90211, from my office in Santa Ana, California.
{ declare that the foregoing is true and correct under the penalty of perjury under the laws of the
state of California this 14th day of July 2011 in Santa Ana, California. -.
(UV
Robert IrigoyenExhibit B‘Security (15 USC)
AUSSEC Tracer Flag
‘Not 2 point of Law
EA73292027US
Date: April S, 2011 nune pro tune
From: Stefanie Anne Naifeh
c/o Sara E. Haller, notary
1524 San Carlos Avenue, no 3
San Carlos, California near (94070)
To: Aclene T. Borick — d.b.a. Honorable Judge
California Superior Cour, San Francisco county
e/g Superior Court of California, County of San Francisco
400 McAllister Street
San Francisco, Catifornia near (94102)
‘T. Michael Yuen ~ d.b.a. Chief Clerk, Court Executive Officer
California Superior Court, San Francisco county
clo Superior Court of California, County of San Francisco
400 McAllister Street
San Francisco, California near (94102)
S. Christopher Yoo - d.b.a. Attorney, Cal. St. Bar no,169442
Alyson M. Dudkowski d.b.a, Attorney, Cal, St. Bar no, 259728
Nancy Velasquez d.b.a. Litigation Support Analyst - JPMorgan Chase Bank, N.A.
Bank of America, National Association as successor by merger to LaSalle Bank, NA as Trustee
for WAMU Mortgage Passthrough Certificates Series 2007-HY06
clo
AlvaradoSmith
1 MacArthur Place, Suite 200
Santa Ana, California near (92707)
PRIVATE BETWEEN THE PARTIES - NOT A PUBLIC COMMUNICATION
NON-NEGOTIABLE - NON-TRANSFERAELE
NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT
APPLICABLE TO ALL SUCCESSORS AND ASSIGNS
VERIFIED AFFIDAVIT OF REFUSAL FOR CAUSE WITHOUT DISHONOR AND NOTICE OF
FEE SCHEDULE
Re: Summons, complaint and all case contents in re Case number CGC-11-509805, hereinafter
“Offer.”
MAXIMS
All men and women know that the foundation of law and commerce exists in the telling of the truth,
the whole truth, and nothing but the truth.
Truth as a valid statement of reality is sovereign in commerce.
An unrebutted affidavit stands as truth ia commerce.
An unrebutted affidavit is acted upon as the judgment in commerce,
INTRODUCTORY CERTIFICATION
California state)
) affirmed
San Mateo county )
A. I Stefanie Anne Naifeh, hereinafter "Affiant,” operating in peace without dishonor by right of
contract and benefit of discussion without discretion, hereinafter “Principal,” does hereby
-soleranly certify, declare, and claim under full commercial liability that all of the matters set
forth herein are in accord with Claimant's sincere intent, and in said capacity Claimant states
that:
1, Affiant can competently state the matters set forth herewith.
2. AfBant has personal knowledge of the facts stated herein,
3, All the facts stated herein are intended as truthful, accurate, not misleading, and admissible
as evidence in accordance with Affiant’s best knowledge and comprehension.
SAN - VNRFC ~ 1150980501
Page Lo 4NON-NEGOTIABLE NON-TRANSFERABLE THIS S.A PRIVATE MAT FOR OIE
PLAIN STATEMENT OF FACT
B.. This notice is communicated between Affiant and Respondents privately, confidentially and
within full commercial liability,
C. Publication of this notice will constitute commercial injury upon Affiant.
D. The above referenced Offer is found enclosed returned, refused for cause without dishonor for:
1. Breach of estoppel (See Enclosure); :
_ 2, Barratry;
3. Breach a extant non- renegotiable contracts;
4, Breach of trust;
5. Breach of fiduciary duty;
6. Failure to identify authority to administer and/or probate STEFANIE ANNE NAIFEH
7. Breach of contract between Stefanie Anne Naifeh and San Francisco County;
8. Dishonor of the national bankruptcy;
+ G. Misrepresentation of known whereabouts;
10. Intentional failure of delivery of copy of the summons and of the pleading to an individual
personally or by leaving copies thereof at that individual's dwelling house or usual place of
abode with some person of suitable age and discretion then residing therein or by
delivering a copy of the summons and of the pleading to an agent authorized by
appointment or by law to receive service of process;
11. Threat of violence upon non-combatant civilians;
42. No credibility based on absence of declaration and certification of firsthand personal
knowledge and acceptance of personal accountability, responsibility, and liability for the
validity, accuracy, relevance and verifiability of anything stated, claimed, alleged, asserted,
decided, ordered or acted upon,
13. No proof of any valid underlying contract enforceable at law to establish respective rights,
duties, obligations, and valuable consideration defined with particularity and provided by
and between contracting parties;
14. Failure to produce all documents required by Jaw and the undersigned to prove status as 1)
Creditor 2) Tile holder, 3) Owner, 4) Landlord, 5) Holder in Due Course of provea
negotiable instrument. 6) Successor, 7} Assign, 8) Principai, 9) Agency, 10) Authorized party
411) Capacity to state a claim upon which relief can be granted or 12) Standing as financial
real party in interest as required to assert a valid claim or cause of action in any
administrative or judicial proceeding in re Subject Property;
45. Failure of full disclosure and concealment of all material facts, including those attached
hereto as exhibits, in order to assert or allege Subject Property conveyance, right, title,
interest, authority or claim;
16. Prior ratified and non-negotiable agreement and contract of all involved and required
parties to "Loan 3013217702" and related "Deed of Trust” and “Note” that ail grounds to
collect, enforce, foreclose, or assert any valid judicial or administrative cause of action or
fien claim thereto is extinguished;
17. No Proof of chain of title for Subject Property;
18, No proof of clear title to Subject Property;
19, No cause;
20, Breach of extant Cease and Desist demand.
SAN -YNRFC- 11809805 -01 °
Page 2 054NON-NEGOTIABLE NON-TRANSFERABLE
VATE MATTER Gib 8 Orta a8
. FEE SCHEDULE
E. This is fair warning and due process notice that anyone of anything, hereinafter "Party(ies).”
may be assessed and billed, jointly and severally, for all breaches, torts, damages, and
commercial injury, hereinafter “Injury,” incurred by Affiant as the result of any unverified,
pseudo verified and false claim(s), allegation(s) and assertion(s), whether judicial or
administrative, by Party(ies), jointly or severally. against Affiant. The definition of an Injury will
be determined by Affiant and not be subject to rebuttal. The occurrence of an Injury will be
determined by Affiant and not be subject to rebuttal, The sum set certain for Injury(ies)
- calculated by Affiant will not be subject to rebuttal and determined by the following fee
schedule:
1. An amount set certain of one thousand (1000) troy ounces of 9995 fine or better hallmarked
gold, or lawful currency of verified and verifiable par value of said gold, hereinafter “Tender,”
per Injury, regardless of the nature of Injury, such amount not subject to future rebuttal,
2. An amount set certain of no less than fifty (50) troy ounces Tender for each and every
unsolicited veriaal or written offer, correspondence, paper, article of mail, phone call or
similar class of contact, relating to any matter in any manner whatsoever, such amount not
subject to future rebuttal.
3. Treble damages calculated by three (3) times of the amount set certain of 1) and 2) above, in
addition to any debt and/or commercial dishonor Party(ies) alleges or asserts against
Affiants, such amount not subject to future rebuttal.
4, The sum set certain of all injury(ies) to Affiants by Party(ies) will be determined by Afflant
by a total of amount(s) set certain and not subject to future rebuttal.
F. Sum set certain collection may commence with service upon Party(ies), jointly or severally, of
Verified True Bill, hereafter “VTB,” and/or invoice, hereinafter "Invoice,” that may be
accompanied by an Affidavit of Obligation as to the sum set certain owed to Affiant within thirty
(30) days of Party’s(ies) receipt of VTB and/or Invoice.
G, Ifthe VTB and/or Invoice amount is not paid during the time allowed by the VTB and/or
invoice, a penalty amount cerzain equal to five (5) troy ounces Tender will be added to the sum
set certain.
H. Alf outstanding sum set certain amounts will immediately bear and begin to accrue interest at
the rate of ten (10) percent per annum.
1. An initial minimum collection fee of five (5) troy ounces Tender, plus any additional collection
cost, will be added to the sum set certain and be paid by Partyfies).
J. Party's(ies) failure ta timely settle VIB(s) and/or Invoice(s) may instigate first, second or third
party debt collections, as well as commercial lien(s), against Party(es), jointly and severally.
‘The surety/property utilized to guarantee the payment of such VTB(s). Invoice(s} and
commercial lien(s) will be the operational/commercial bonds of each lien debtor. If the bond(s)
of the lien debtor(s) prove insufficient for coverage of the payment(s) the assets of the lien
debtor{s) will be utilized as follows: all gross income from whatever source derived, the real
and moveable property and investment, bank and savings accounts and funds of the lien
debtors except wedding rings, keepsakes, family photographs, diaries, journals, etc, and the
property normally exempted in the lien process (includes survival provisions). Further,
Party(ies) agrees to be named as debtor on UCC 3 financing statement.
J, the undersigned, Affiant, do herewith certify, declare, and claim upon my unlimited commercial
fiability that I have read and know the aforementioned content and that, to the best of my
knowledge and comprehension, execute the foregoing with sincere intent, possess competence for
stating the matters set forth therein, and that it is correct, complete, and not misleading, the truth,
the whole truth, and nothing but the truth, and that my yes is my yes and my no is my no. .
NOTICE IS GIVEN
SAN - YNRFC - 13909805 -01
Page 3 of 4NON-NEGOTIABLE NON-TRANSFERABLE,
‘The twentieth day of July in the year two thousand eleven, Anno Domini
All rights reserved,
STEFANIE ANNE NAIFEH
Ene: Summons in re in re Case number CGC-11-50980S, marked Refused for Cause Without Dishonor
Complaintin re Case number CGC+11-509805, marked Refused for Cause Without Dishonor
Certificate of Estoppel, number STS-VCE-49Z0e-005212013
+ Affidavit of Notary CONR-SEH-02-RE473291027US
Notary Proaf of Service of this Notice and its enclosures
On the twentieth day of July in the year two thousand eleven, Anno Domini, Stefanie Anne of the
family naifeh appeared with the undersigned who identified her and before whom she affirmed the
truth of this affidavit with signature.
TF
if
Sam White
c/o 439 Manor Drive, Pacifica, California
lb
bet AA
Gayle Aghe Harsma
c/o 369 Peachstone Terrace, San Rafael, California
. oy etn b be
Susan S. Lee
c/o 20 Kingsland, Oakland, Catifornia
SAM — VNRPC- 11509805 -04
Page BotACKNOWLEDGMENT
State of California
County of San Mateo. >
on uly 20 A011 wore Dana G Haller tars public
personally appesred_ TEE RW ANNE NO EeH ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized cepacity(ies), and that by his/her/their signature(s) on the instrument the
person(s}, or the entity upon behalf of which the person(s) acted, executed the insuument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing,
paragraph is rue and correct.
WITNESS my hapd and Te. (Seal)
Signature
rene HALLER
Commission # 1935031wv 4/01/2011 FIRST LEGAL A1Dbab 135
X .
Frys SUMMONS SUM-100
x (CITACION JUDICIAL) (ro a USE OM ray
=
>
Ry
NOTICE TO DEFENDANT: ‘STEPHANIE: NALFEH,,.an individual; sam
(AVISO AL DEMANDADO): SEGALL, an’ individual; STEPHEN ANDREW
EASTERLY, an individual; ADAM J. WHITE, an individual;
ANDRE S. WHITE, af individaal; ALL PERSONS UNKNOWN, ©
CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATS, LIEN
OR INTEREST IN THE PROPERTY KNOWN AS’ 49° ZOE “STREET #15, °
SAN FRANCISCO, CALIFORNIA 94107; and DOES .1 THROUGH 50,
inclusive :
YOU ARE BEING SUED BY PLAINTIFF: BANK OF “AMERICA, “NATIONAL
(LOESTA DEMANDANDG | EL DEW, iNDANTE) “RSSOCTATION AS
SUCCESSOR BY MERGER TO LASALLE BANK NA AS TRUSTEE FOR WAMU
MORTGAGE PASS-THROUGH CERTLFICATES SERIES 2@97-HYO6 TRUST
NOTICE! You havo boon sued. The cout may decide eesinat
low,
‘You have 30 CALENDAR DAYS after this summans an
served on the plaintif. A letier or phone cal will not prot
case, There may be a cour form that you can use for
Oniine Self-Help Center (www. caurtiafo.ca.gov/
the court clerk for 8 fee walver form. It you do ni
may be taken without further warning from th
“There are olhar legal requirements. You
seferral service: Ifyou carinct afford an atamgy
these nonprofit g‘oups at the Califomia lay
(www. courtnto.ca:gav/seltheip).'or
Costs on any settlement or arbi
JAVISO! Lo hen demandedo.
continuacién
Tiene 30 DIAS.DE C
‘your being heard-unless you ey 30 days, Read the Information
jo fle a writen Bye ‘at this coun and have a copy
roper legen #f you want the courtto hear your
ie norman at the Califia Couts
‘you if you. cannot pay the fling fea, ask
default, aid your wages, Honey, and property
1 tay want to call an attorney
ram. You can locate
biblioteca de ee ‘de su conded
que. Je: as ua formulario de exes
su sual, ange y Bore
aes See
cole ce obogeet als 10,000:
pagar el gravamién ga la corte ‘ants do gue ue yest pueda desechar el ca:
he hame and. aduress of he cout ia, ~
(Efnombre y direccién de la corte « ]
Supe¥ior Court of Cal
Civic Center Court
400. McAllister Stre
San Francisco, CA. 94f02 iS
The name, address, and telephone number of plalay mey, or plaintiff,
ithout en attorney, Is:
(Ei nombre, ia direccién y ef ndmero de feléton ado del deraandénte, o def demandsnte que no tiene abogado, e8)s.
S. Christopher Yoo - (SBN 169442 (714) 852-6800 (714) 852-6859
Alyson M. Dudkowski - (SEN 25972 mL
ALVARADOSMITH .
i MacArthur Place, Suite 200 - Santa Ana, .
DATE: CLERK ona Prgterk, by BNATT , Deputy
(Eecha) APR rite Bitte, ‘Secreta rio) (Agjunto}
(For proof of s oe nS, Use Proof of Service of Summons (forin POS-010),)
(Para prueba de ehtrega de asta citation use é/ formlario. Proof of Service of Suminons, (POS-010)).
NOTICE TO'THE PERSON SERVED: You'are served
seal] 1 i na
2. as the pergen vsiied under the ‘felitious n name of (specity)?
3. (7) on behalf of (specify): .
under, CCP 416.60 (minor)
; [J CCP 416.70 (conservatee)
COP 446.40 (association of partnership) CCP 416.90 (authorized person)
(J other (sp yecity):
4. [71 by personal delivery of (date): Page 1 off
adele! Counc of Caloris
Preview
MEU SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-16-2012 3:49 pm Case Number: CGC-11-509805 Filing Date: Apr-16-2012 3:49 Filed by: ROSSALY DELAVEGA Juke Box: 001 Image: 03577699 OPPOSITION BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR VS. STEPHANIE NAIFEH et al 001003577699 Instructions: Please place this sheet on top of the document to be scanned.FAX TEI FIRST LEGA! cHesnet cERuInFe SANTA ANA 8. CHRISTOPHER YOO (CA Bar No. 169442) cyoo@AlvaradoSmith.com ALYSON M. DUDKOWSKI (CA Bar No. 259728) adudkowski@AlvaradoSmith.com ALVARADOSMITH A Professional Corporation 1 MacArthur Place, Suite 200 Santa Ana, Califormia 92707 Tel: (714) 852-6800 Fax: (714) 852-6899 Attorneys for Plaintiff BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NA AS TRUSTEE FOR WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-HY06 TRUST SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NA AS TRUSTEE FOR WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007- HY06 TRUST, Plaintiff, v. STEPHANIE NAIFEH, an individual; SAM SEGALL, an individual, STEPHEN ANDREW EASTERLY, an individual; ADAM J. WHITE, an individual; ANDREA S. WHITE, an individual; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY KNOWN AS 49 ZOE STREET #15, SAN FRANCISCO, CALIFORNIA 94107; and DOES 1 through 50, inclusive, . Defendants. CASE NO.: CGC-11-509805 OPPOSITION TO DEFENDANT’S MOTION TO SET ASIDE DEFAULT UNDER CCP SECTION 473; DECLARATION OF ALYSON M. DUDKOWSKI DATE: April 27, 2012 TIME: 9:30 a.m. DEPT: “501” ACTION FILED: April 4, 2011 Plaintiff Bank of America, National Association as successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series 2007-HY06 Trust (“BofA” or “Plaintiff’) respectfully submits this Memorandum of Points and Authorities in Opposition to the 1 OPPOSITION TO MOTION TO SET ASIDE DEFAULT 3187788.1 -- ALIO9.2174, %,1 | Motion Set Aside the Default of defendant Stephanie Naifch (“Defendant”) for Mistake and/or 2 ||Excusable Neglect under California Code of Civil Procedure §473(b) (“Motion”). 3 MEMORANDUM OF POINTS & AUTHORITIES 4]. SUMMARY OF ARGUMENT 5 Defendant moves this court to set aside the default entered against her on August 25, 2011. 6 || Defendant contends that this Court should set aside the default because Defendant engaged in 7 |imistake and/or excusable neglect when she failed to timely respond to BofA’s summons and 8 complaint. Defendant’s argument is without merit. Defendant brings this Motion despite being 9 | properly served by substituted service and despite admitting having actual notice of the lawsuit as 10 | early as July 16, 2011, at least five weeks before entry of default. 11 Initially, Defendant’s Motion is not served in compliance with CCP §1005(b) and fails to 12 | provide the statutorily required notice. Further, Defendant has failed to bring her Motion within 6 13 | months after the clerk's entry of default. CCP §473(b). Thus, the Motion is ineffective. 4 Not only has Plaintiff failed to meet the procedural requirements for the Motion, Plaintiff 15 |[aiso fails to meet the substantive requirements, Defendant should have provided credible evidence 16 | of surprise, inadvertence, or excusable neglect for why this Motion should be granted. Defendant 17 ||has not met her burden. Instead, Plaintiff's supporting affidavit and substantial evidence establish 18 | that proper service of summons was made upon Defendant, and Defendant had actual notice of the 19 | lawsuit at least July 16, 2011, five weeks before default was entered. Despite having knowledge of 20 | the lawsuit, Defendant did nothing to preserve her rights. Defendant is not entitled to the requested 21 relief. Accordingly, this Motion should be denied. 22 WIL SUMMARY OF RELEVANT FACTS 23 On April 4, 2011, the Complaint was filed and the Court issued a Summons. See Declaration 24 Jot Alyson M. Dudkowski ("Dudkowski Deci.”), 43; Court docket. That same day, Plaintiff sent the 25 | Summons and Complaint out for service of process to via First Legal Support Services ("First 26 | Legal"), a reputable company Plaintiff's counsel has used thousands of times over the years, without 27 jlany incidence of impropriety or alieged defective service. Dudkowski Decl. 4. However, First 28 | Legal was not able to complete service. Jd. 2 OPPOSITION TO MOTION TO SET ASIDE DEFAULT 3157788.1 -- ALIO9.21741 On or about April 29, 2011, Plaintiff hired Knowles & Vacca, Inc., another process server, to 2 jeffect service. Knowles & Vacca, Inc. is a reputable company Plaintiffs counsel has used hundreds 3 of times over the years, without any incidence of impropriety or alleged defective service. 4 | Dudkowski Decl. $5. 5 Robert Irigoyen (“Irigoyen”), an employee of Knowles & Vacca, Inc. with California Private 6 |Investigator license number PI 19011, obtained the two possible home addresses for Defendant 7 | through the use of real property records and subscription based database searches: 5246 Cleon 8 | Avenue, North Hollywood, California 91601 and 264 S. La Cienega Blvd. #1098, Beverly Hills, 9 || California 90211. Dudkowski Decl. 97, Exhibit A. 10 On May 9, 2011, at 5:00 pm, Irigoyen made his first attempt to personally serve Defendant at 11 [her last known home address located at 5246 Cleon Avenue, North Hollywood, California 91601. Id. 12 | He did not receive any response from knocking on the front door. On May 10, 2011, at 10:00 arn, 13 | Irigoyen made his second attempt to personally serve Defendant at her last known home address. Id, He did not receive any response from knocking on the front door. Jd. On May 11, 2011, at 1:15 pm, SANTA ANA = 15 } Irigoyen made his third attempt to personally serve Defendant at her last known home address. Jd. 16 |/He did not receive any response from knocking on the front door. At 3:10 pm, he again attempted to 17 | personally serve Defendant at her last known home address. /d. He did not receive any response 18 } from knocking on the front door. Jd. On May 13, 2011, at 11:00 am, Irigoyen made his fourth 19 | attempt to personally serve Defendant at her last known home address. /d. He spoke with a woman 20 | who infonned him that Defendant did not live there anymore. Jd. The woman would not provide 21 him with any other information. Jd. He visually confirmed that this woman was not Defendant based 22 fon the photos he had found of Defendant on the internet. Id. 23 On May 13, 2011, at 11:35 am, Irigoyen then attempted to personally serve Defendant at her 24 jj last known mailing address located at 264 S. La Cienega Blvd. #1098, Beverly Hills, California 25 90211. Jd. According to Irigoyen, this is the location of a private mail box business. Jd. He spoke 26 j with an employee, Erika Rios, who confirmed that Defendant has an account and receives mail in 27 |[private mail box #1098. /d. He then perfected substituted service on Defendant by leaving the 28 Summons and Complaint with Erika Rios, who informed him that she was going to put the 3 OPPOSITION TO MOTION TO SET ASIDE DEFAULT 3157788.1 - AL1O9.21741 |}documents in Defendant's private mail box. Jd. On May 20, 2011, Irigoyen mailed (by first-class, 2 ||postage prepaid) copies of the documents to Defendant at her private mail box address located at 264 3 |S. La Cienega Blvd. #1098, Beverly Hills, California 90211, from his office in Santa Ana, 4 ||California. Id. 5 On or about July 18, 2011, Knowles & Vacca, Inc. returned the Proof of Service of the 6 Summons and Complaint on Naifeh, and provided Plaintiff's counsel with a Declaration of 7 | Reasonable Diligence explaining their efforts to personally serve Naifeh prior to utilizing substitute 8 |/service. Dudkowski Decl. 6. On July 18, 2011, Plaintiff filed the Proof of Service of Summons 9 |jand Complaint and the Declaration of Reasonable Diligence with this Court. Dudkowski Decl. 7, 10 | Exhibit A; see a’so Court docket. On or about July 25, 2011, Plaintiff received an incomprehensible 11 |}document from Defendant. Dudkowski Decl. 48, Exhibit B. Plaintiff was not able to discern the 12 |meaning or purpose of this document. Jd. 13 On August 10, 2011, having received no responsive pleading from Defendant, Plaintiff filed a Request for Entry of Default against Defendant. Dudkowski Decl. 9, Exhibit C. On August 25, SANTA ANA B 15 |/2011, the Court entered default against Defendant. Dudkowski Decl. §10; see also Court docket. 16 Defendant served her Motion on BofA on April 2, 2012 by mail. Dudkowski Decl. 11, 17 | Exhibit D. Accordingly, for sufficient notice to be given, the earliest date the Motion could be heard 18 jis April 30, 2012. Dudkowski Decl. 912. However, Defendant has noticed the Motion to be heard on 19 | April 27, 2012 — three (3) calendar days sooner than the statutory notice period requires. Dudkowski 20 | Decl. 423. 21 |. LEGAL STANDARD FOR RELIEF FROM DEFAULT 22 A party may move for relief from default under Section 473 within a reasonable time on the 23 | grounds of mistake, inadvertence, surprise, or excusable neglect. CCP § 473 (b); Lorenz v. 24 | Commercial Accept. Ins. Co., 40 Cal. App. 4th 981, 989 (1995). In the absence of an “attorney 25 | affidavit of fault,” the burden is on the moving party to show that the neglect was excusable: i.e., that 26 ||the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of 27 | America, 141 Cal. App. 3d 55, 58 (1983) "the acts which brought about the default must have been 28 } the acts of a reasonably prudent person under the same circumstances.”). 4 OPPOSITION TO MOTION TO SET ASIDE DEFAULT 3157788.1 -- AL109.21741 The trial court has broad discretion to vacate the judgment and/or the clerk's entry of 2 |default that preceded it. However, that discretion can be exercised only if the moving party 3 | (defendant) establishes a proper ground for relief, by the proper procedure, and within the 4 | proper time limits. Cruz v. Fagor America, Inc. 146 Cal. App. 4th 488, 495 (2006). 5 Section 473.5 of the Code of Civil Procedure also authorizes relief from default if the party 6 |\did not receive actual notice and lack of notice was not caused by the party’s avoidance of service or 7 |excusable neglect. CCP § 473.5. However, Defendants motion is not brought under this Section, 8 | and in any event, relief under this Section is both improper and inapplicable as Defendant admitted 9 | having actual notice on July 16, 2011, nearly five weeks before the clerk’s default was cntered. See 10 | Declaration of Stephanie Anue Naifeh (“Naifeh Decl.) 46. 11 |TV. PLAINTIFF'S MOTION MUST BE DENIED BECAUSE PLAINTIFF HAS FAILED 12 TO PROVIDE THE STATUTORILY REQUIRED NOTICE 13 Plaintiff's Motion seeks to set aside the default entered on August 25, 2011 pursuant to CCP 35 j 14 | §473(b). Motion, 2:20-27. Plaintiff's Motion is improper because Plaintiff did not provide 5 - 15 |/statutorily required notice for the relief sought. . é 16 While CCP §473(b) allows for a party to seek relief from default as a result of “mistake, 17 surprise, inadvertence or excusable neglect,” it requires the moving party to file a noticed motion. 18 || The service requirements for motions are set forth in CCP §1005(b). The original Motion and 19 | Notice did not comply with this statutory requirement because it did not allow for a sufficient notice 20 | period. 21 Pursuant to CCP §1005(b), "all moving and supporting papers shall be served and filed at 22 }least 16 court days before the hearing. ..if the notice is served by mail, the required 16-day period of 23 | notice before the hearing shall be increased by five calendar days..." Code of Civil Procedure 24 | $1005(b) (emphasis added). 25 Plaintiff served her Motion on BofA on April 2, 2012 by mail. Dudkowski Decl., 11. 26 | Accordingly, for sufficient notice to be given, the earliest date the Motion could be heard is Apzil 27 |}30, 2012. See Dudkowski Decl., ] 12. However, Plaintiff has noticed the Motion to be heard on 28 | April 27, 2012 — three (3) calendar days sooner than the statutory notice period requires. See 5 . OPPOSITION TO MOTION TO SET ASIDE DEFAULT 3157788.1 -- ALIO9.21741 | Dudkowski Decl., 13. Because BofA was not provided with proper notice of the Motion hearing, 2 | the Motion must be summarily denied. 3]. PLAINTIFF'S MOTION MUST BE DENIED BECAUSE PLAINTIFE’S MOTION IS 4 UNTIMELY 5 Plaintiff's Motion seeks to set aside the default entered on August 25, 2011 pursuant to CCP 6 }§473(b). Motion, 2:20-27. Plaintiff's Motion is improper because Plaintiff did not bring the Motion 7 | within 6 months after the clerk's entry of default. 8 Defendant may seek discretionary relief from default under CCP § 473(b) on grounds of 9 | “mistake, inadvertence, surprise or excusable neglect.” CCP § 473(b). The motion for discretionary 10 Irelief must be filed within 6 months after the clerk's entry of default. /d. The motion is ineffective if 11 || filed thereafter, even if it is within 6 months after entry of the default judgment. See id. 12 Here, Plaintiff's Motion is untimely. On August 10, 2011, Plaintiff filed a Request for Entry 13 | of Default against Defendant. Dudkowski Decl. 9, Exhibit C. On August 25, 2011, the Court 14 entered default against Defendant. Dudkowski Decl. {10; see also Court docket. Thus, the deadline 15 |to file a motion for discretionary relief was February 25, 2012. See CCP § 473(b). = a 6 2 < > = 5 < 16 Plaintiff filed her Motion on April 2, 2012. See Court docket. Plaintiff brings her Motion 17 llover five weeks late. Because Plaintiff s Motion is untimely, the Motion must be summarily denied. 18 | VI. THE SERVICE OF THE SUMMONS AND COMPLAINT WAS PROPER 19 The filing of a proof of service creates a rebuttable presumption that the service was proper. 20 | M. Lowenstein & Sons, Inc. v. Superior Court 80 Cal. App. 3d 762, 770, (1978), quoting from 21 | Judicial Councit Report, comment to CCP § 417.10. The presumption arises only if the proof of 22 | service complies with the applicable statutory requirements. One of the statutory requirements is 23 |that the proof of service must be signed by the person who made the service. CCP § 417.10. 24 | Additionally, section 417.20 requires that “if service is made by mail pursuant to Section 415.40, 25 | proof of service shall include evidence satisfactory to the court establishing actual delivery to the 26 | person to be served.” CCP § 417.20 (a). To do so, it must show that the summons was mailed to a 27 |/person or persons who may be served, and “the name, title or representative capacity, if any, ... of 28 jsuch person or persons...” Judicial Council Report, Comment to CCP § 417.20. 6 OPPOSITION TO MOTION TO SET ASIDE DEFAULT BUSTIRR.L ~ ALEO9.21741 Here, the presumption arises because the Proof of Service filed with the Court shows that 2 | proper substituted service was performed. See Dudkowski Decl., Exhibit A. Substituted service on 3 | individuals is allowed after reasonable diligence has been shown, but personal service was not 4 | possible. CCP § 415.20 (b). Here, the Proof of Service establishes reasonable diligence was used to 5 |\effectuate service prior to substituted service. See Dudkowski Decl., Exhibit A. Four attempts were 6 ||made prior to using substituted service. Jd. The four attempts occurred on various dates and times, 7 ||including a week day, over the weekend, and during the moming and evening hours. Id. 8 After four attempts, substituted service was made. /d. Substituted service was authorized by 9 | statute. CCP § 415.20 (b) provides substituted service may be made upon an individual, in relevant 10 | part, by: 1t “leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual z 12 mailing address other than a United States Postal Service post office . z box, in the presence of a competent member of the household or a o6 13 person apparently in charge of his or her office, place of business, or BS usual mailing address other than a United States Postal Service post g 2 14 office box, at least 18 years of age, who shall be informed of the é contents thereof, and by thereafter mailing a copy of the summons and 227 15 of the complaint by first-class mail, postage prepaid to the person to be <3 served at the place where a copy of the summons and complaint were = 16 left.” 17 Here, the Proof of Service clearly shows that Defendant was properly served by substituted 18 | service. See Dudkowski Decl., Exhibit A. The address where substituted service was performed 19 | was Defendant’s private mail box. Jd. The Proof of Service recites that an individual, at least]8 20 | years of age of 18 and in charge of the usual mailing address, was informed of the contents of the 21 |papers. /d. Moreover, copies of the Summons and Complaint were also mailed to Defendant at her 22 jprivate mail box address. Jd. 23 | VII. DEFENDANT FAILS TO SET FORTH GROUNDS WARRANTING RELIEF 24 PURSUANT TO CCP & 473(b) 25 In the Motion, Defendant seeks relief under CCP § 473 based upon mistake or excusable 26 |negligence. See Motion. However, Defendant is not entitled to discretionary relief as she has failed 27 }/to set forth grounds justifying such relief. 7 OPPOSITION TO MOTION TO SET ASIDE DEFAULT 3157788.1 -~ AL109.21 74.1 CCP § 473 authorizes relief from default upon terms that are just if, within a reasonable time, 2 ||the party requesting relief demonstrates that the default was taken through his or her mistake, 3 | inadvertence, surprise, or excusable neglect. CCP § 473(b). Where relief is conditioned on a party’s 4 ||mistake or neglect, rather than an attorney’s neglect or mistake, relief is solely within the court’s 5 |discretion. Arambula v, Union Carbide Corp., 128 Cal. App. 4th 333, 340 (2005). The burden is on 6 ||the moving party to show that the neglect was excusable: i.¢., that the default could not have been 7 javoided through the exercise of ordinary care. Jackson, 141 Cal. App. 3d at 58. Thus, the acts which 8 | brought about the default must be the acts a reasonably and prudent person under the same 9 } circumstances would have taken. /d. 10 Here, Defendant’s acts were not those of the reasonably prudent person under the same 11 jcircumstances. Defendant’s motion for relief is based upon he alleged misunderstanding of the word 12 | “respond” in the Summons. Motion, 3:2-7. Defendant also alleges she has not been properly served. 13 | Motion, 3:9-13. i4 As discussed above, service on Defendant was proper. In any event, Defendant admits she 15 }had actual notice on July 16, 2011. On or about July 25, 2011, Plaintiff received an i6 jincomprehensible document from Defendant. Dudkowski Decl. 8, Exhibit B. However, Plaintiff 17 | was not able to discern the meaning or purpose of this document. Id. 18 Moreover, Defendant did not call Plaintiff's attorney of record, whose phone number and 19 |laddress was prominently displayed on the front of the Complaint. Instead, Defendant did nothing, 20 | despite having actual notice that there was a Complaint with eleven causes of action against her. 21 Taking action in July would have prevented default from being entered against her, which 22 ||was not entered for an additional five weeks. Instead of acting with diligence to inquire about the 23 j)status of the lawsuit, Defendant sat on her rights and did nothing. 24 Defendant has not showed surprise, mistake, or excusable neglect warranting relief from 25 |;default. Defendant has slept on her rights, and relief is not warranted under these circumstances. 26 | Accordingly, this Court should exercise its broad discretion and deny the requested relief. 27 yi 28 Vii 8 OPPOSITION TO MOTION TO SET ASIDE DEFAULT 31S7788.1 — ALL09.22741 | VOI. RELIEF FROM DEFAULT UNDER CCP §473.5 IS IMPROPER BECAUSE 2 DEFENDANT HAS NOT REQUESTED IT AND DEFENDANT HAD ACTUAL 3 NOTICE OF THE LAWSUIT PRIOR TO ENTRY OF DEFAULT 4 CCP § 473.5 authorizes relief from defavit if the party did not receive actual notice, and lack 5 jof notice was not caused by the party’s avoidance of service or excusable neglect. Defendant has not 6 jnoticed this Motion on this basis. Additionally, in any event, relief under this CCP § 473.5 is both 7 |improper and inapplicable as Defendant admitted having actual notice on July 16, 2011, nearly five 8 | weeks before the clerk’s default was entered. See Naifeh Decl. 46. Accordingly, relief under this 9 |provision is not warranted. 10 JIX. JF RELIEF IS GRANTED, SANCTIONS MAY BE IMPOSED i Whenever the court grants relief from default judgment under § 473, it may: 12 + impose a maximum penalty of $1,000 on the offending attorney or defaulting party; 13 + direct an offending attomey to pay a maximum of $1,000 to the State Bar Client Security 2 14 Fund; or : 15 * grant “any other relief as is appropriate.” 16 CCP § 473(c)(1)(A),(B) & (C). Thus, if relief is granted, Plaintiff requests the Court impose 17 ||sanctions against Defendant. 18 |X. CONCLUSION 19 Based on the above, the Court should deny Defendant’s Motion to Set Aside the Default, as 20 || Defendant fails to satisfy the mandatory requirements required for relief under CCP § 473. 21 |} DATED: April 16, 2012 ALVARADOSMITH A Professional Corporation 22 . By: 24 S°CHRISTOPHER YOO ALYSON M. DUDKOWSKI 25 Attomeys for Plaintiff BANK OF AMERICA, NATIONAL 26 ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NA AS TRUSTEE FOR 27 WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-HY06 TRUST 9 OPPOSITION TO MOTION TO SET ASIDE DEFAULT 3157788. - AL109.21741 DECLARATION OF ALYSON M. DUDKOWSKI 2 I, Alyson M. Dudkowski, declare as follows: 3 1. Iam an associate with the law firm of AlvaradoSmith, a Professional Corporation, 4 | attorneys of record herein for plaintiff Bank of America, National Association as successor by 5 merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series 6 |2007-HY06 Trust (“BofA” or “Plaintiff’) in the above-captioned action (“Action”). I have been 7 |duly admitted to practice law in the State of California. 8 2. J am submitting this Declaration in support of Plaintiff's Memorandum of Points and 9 | Authorities in Opposition to the Motion to Set Aside Default of defendant Stephanie Naifeh 10 ||(“Naifeh”) due to Mistake under CCP §473 (“Motion”). It 3. On April 4, 201 1, the Complaint was filed in this Action and the Court issued a 12 | Summons. The Complaint contains eleven causes of action against defendants Stephanie Naifeh, 13 [Stephen Andrew Easterly, Samuel Todd Segal, Adam J. White and Andrea S. White ("Defendants"). 14 4. I directed my legal assistant to have the Summons and Complaint sent out for service SANTA ANA 15 | of process to First Legal Support Services ("First Legal"), a reputable company me and other ALVARADOSMI ‘A Proression: 16 | attorneys at my firm have used thousands of times over the years, without any incidence of 17 | impropriety or alleged defective service. However, First Legal was not able to locate Defendants. 18 5. On or about April 29, 2011, I requested Knowles & Vacca, Inc., another process 19 | server, to effect service on the Defendants. Knowles & Vacca, Inc. is a reputable company me and 20 other attorneys at my firm have used hundreds of times over the years, without any incidence of 21 ||impropriety or alleged defective service. 22 6. On or about July 18, 2011, Knowles & Vacca, Inc. returned the Proof of Service of 23 | the Summons and Complaint on Naifeh, and provided us with a Declaration of Reasonable Diligence 4 explaining their efforts to personally serve Naifeh prior to utilizing substitute service. Naifeh was 25 | served by substituted service on May 13, 2011 by leaving the papers with an individual named Erika 26 | Rios, an employee at the private mail box business where Naifeh was receiving her mail located at 27 | 264 S. La Cienega Bivd., #1098, Beverly Hills, California. 28 7. By my direction, on July 18, 2011, the Proof of Service of Summons and Complaint 1 DECLARATION 31S7788.1 ~~ ALIO9.21741 |jand the Declaration of Reasonable Diligence was filed with this Court. A true and correct copy of 2 ||the Proof of Service and Declaration of Reasonable Diligence is attached as Exhibit A. 3 8. On or about July 25, 2011, my office received an incomprehensible document from 4 ||Naifeh. I was not able to discern the meaning or purpose of this document. A true and correct copy 5 lof the document is attached as Exhibit B. 6 9. On August 10, 2011, having received no responsive pleading from Naifeh, I directed 7 || my legal assistant to prepare a Request for Entry of Default against Naifeh. The Request for Entry 8 lof Default was served on Naifeh that day at 264 S. La Cienega Blvd., #1098, Beverly Hills, 9 ||California. A true and correct copy of the Request for Entry of Default is attached as Exhibit C. 10 10. On August 25, 2011, the Court entered default against Naifeh. See Court docket. 1 ll. Naifeh served her Motion on BofA on April 2, 2012 by mail. A true and correct copy 12 jof the Proof of Service filed with Plaintiff's Motion is attached hereto as Exhibit D. 13 12. Accordingly, for sufficient notice to be given, the earliest date the Motion could be < 14 [heard is April 30, 2012. 15 13. However, Naifeh has noticed the Motion to be heard on April 27, 2012 — three (3) 16 | calendar days sooner than the statutory notice period requires. 7 I declare under penalty of perjury under the laws of the State of California that the foregoing 18 jis true and correct. Executed on April 16, 2012 at Santa Ana, California. 20 a ALYSON M, DUDKOWSKI 2 DECLARATION 31577881 -- AL109.2174Exhibit AORIGINAL POS-010 ATTORNEY OR PARTY WITHGUT ATTORNEY (Namie, Stale Sar number, ang cidress}: FOR COURT USE ONLY S. Christopher Yoo, Esq. - (SBN 169442) i AlvaradoSmith | Macarthur Place, Suite 200 ENPORSED Santa Ana, California 92707 A Ee coat tevepuone No. (714) 852-6800 FAX NO. (Optonan: (714) 852-6899 Seal Coon E-MAn ADDRESS (Ontiona We 18 2011 ATTORNEY FCR (Nome! Plaintiff BANK OF AMERICA, NATIONAL ASSOCIATIO ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO streeraooness. 400 McAllister Street CLERK OF THE COURT ‘MAILING ADDRESS: ‘Deputy Clerk crv ano ze cone: San Francisco, California 94102 srancuname: Civic Center Courthouse CASE NUMBER: PLAINTIFF/PETITIONER: BANK OF AMERICA, NATIONAL ASSOCIATI DEFENDANT/RESPONOENT: STEPHANIE NAIFEH, an individual; SAM SEGA CGC-11-509805 PROOF OF SERVICE OF SUMMONS Fie, No. oF Fila No. (Separate proof of service is required for each party served.) 1. Atthe time of service I was at least 13 years of age and not a party to this action. 2, | served copies of: a (VJ summons b. [7] complaint c. [¥] Alternative Dispute Resolution (ADR) package d. [4] Civil Gase Covér Sheet (served in'complex cases only) e. [_]. cross-complaint §. [7] other (specify documents): Pendency of Action 3. a. Party served (specify name of party as shown on documents served): STEPHANIE NAIFEH, an individual Exhibit | — 15; Notice to Plaintiff re: Case Management Conference; Stipulation to Alternative Dispute Resolution, Case Management Statement; Judicial Mediation Program; Noticé of b, Person (other than the party in item 32) served on behalf of an entity or as an authorized agent (and not a person 4, Address where the party was served: 264 S. La Cienega Blvd. #1098, Beverly Hills, California 90211 5. | served the party (check proper box) a. receive service of process for the party (1) on (date). by substituted service. On (date): 05/13/2011 bp [4 urider item &b on whom substituted service was made) (specify name and relationship to the party named in item 3a): by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to (2) at (time): at (time): 11:35 AM 1 left the'dacuments listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): ERICKA RIOS, employee of the private mail box business where STEPHANIE NAIFEH receives mail (t) ["_] (business) a person at least 18 years of age apparently in charge at the office or usial piace of business of the person to be served. | informed him or her of the general nature of the papers. 2 @ Lv him or her of the general nature of the papers. A) (home) a competent member of the household (at least 18 years of age) at the dwelling house or itsual piace of abode of the party. | informed him or her of the general nature of the papers: (physical address unknown) a person atieast 18 years of age apparently in charge at the usual mailing address of the person lo be served, other than a United States Postal Service post office box. | informed t thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served ®) Lv at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents an (date): 05/20/11 from (city): Santa Ana, CA or [_} a declaration of mailing is attached. Vattach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2 For Adopted for Mandatory Use suaeial Coural of California FOS-010 fftew. Jamsary t, 2007) Goda af Civil Procedure, § 417.50 PROOF OF SERVICE OF SUMMONSPLAINTIFE/PETITIONER) BANK OF AMERICA, NATIONAL ASSOCIATI | case nuvorr ee CGC-11-509805 DEFENDANT/RESPONDENT. STEPHANIE NAIFEH, an individual; SAM SEGA 5. . [72] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, fo the address shown in iter 4, by first-class mail, postage prepaid, (1) on (date): 2) from (city): @) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed tome, (Aifach completed Notice and Acknowledgement of Receipt) (Code Civ. Proc., § 415.30.) 4) to an address outside California with return receipt requested. (Code Civ, Proc. § 415.40.) d. by other means (specify nieans of service and authorizing cade section): Additional page describing service is attached. 6. The "Notice to the Person Served (on the summons) was completed as follows: as an individual defendant. : as the person sued under the fictitious name of (specify): as occupant. L_] On behalf of (specify) under the following Code of Civil Procedure section: [J 416.10 (corporation) [1 418.95 (business organization, form unknown) (J 416.20 (defunct corporation) ©) 416.60 (minor) (1 446.30 Goint stock company/association) [_] 416.70 (ward or conservates} (1 416.40 (association or parinership) J 416.90 (authorized person) Cl C2 446.50 (public entity) 415.46 (occupant) [2 other: ao o8 7. Person who served papers a. Name: Robert Irigoyen b. Address: 2333 N. Broadway, Suite 260, Santa Ana, Calif c. Telephone number: (714) 560-9400 , The fee for service was: $ nia 92706 aa lam: a not a registered California process server. 2 ce ‘exempt fram registration under Business and Professions Code section 22350(b). @ a registered California process server: owner [ employee | independent contractor. (i) Registration No.: (ii) County: 8 [VV] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and cerrect. or 9. | am a California sheriff or marshal and | certify that the foregoing is ue-and-cgrrect. {| {™ Date: July 14, 2011 / j ‘ bon” Ve . a 4 Robert Irigoyen > Nel oF Tiiine OF PERGON WHO SERVED PAPERSISRERIFF OR MARSHAL) onary i} POS.519 Ren tower 1 07] Page nore PROOF OF SERVICE OF SUMMONS:27 28 DECLARATION OF DUE DILIGENCE REGARDING SUBSTITUTED SERVICE OF STEPHANIE NAIFEH BY ROBERT IRIGOYEN }, Robert Irigoyen, declare and state as follows: 1. Lam an employee of Knowles & Vacca, Inc., California Private Investigator license number P119011. Lam a citizen of the United States, and over the age of eighteen years, and not a party to the within action. I have personal first-hand knowledge of the facts set forth herein, and if called upon, I could and would testify competently thereto. 2. Through the use of reai property records and subscription based database searches, | obtained the following two possible home addresses for defendant STEPHANIE NAIFEH: 5246 Cleon Avenue, North Hollywood. California 91601 and 264 S. La Cienega Blvd. #1098, Beverly Hills California 90211. The above-listed addresses were also listed on NAIFEH’S 2009 California Bankruptcy Case 1:09-bk-19262. The North Hollywood address was listed as NAJFEH’S home address and the Beverly Hills address was listed as NAIFEH’S mailing address. 3. On May 9, 2011, at 5:00 pm, I made my first attempt to personally serve NAIFEH at her last known home address located at 5246 Cleon Avenue, North Hollywood, California 91601. I did not receive any response from knocking on the front door. 4, On May 10, 2011, at 10:00 am, I made my second attempt to personally serve NAIFEH at her last known home address located at 5246 Cleon Avenue, North Hollywood. California 91601. 1 did not receive any response from knocking on the front door. 5. On May 11, 2011, at 1:15 pm, I made my third attempt to personally serve NAIFEH at her last known home address located at 5246 Cleon Avenue, North Hollywood, California 91601. I did not receive any response from knocking on the front door. 6. At 3:10 pm, I again attempted to personally serve NALFEH at her last known home address located at 5246 Cleon Avenue. North Hollywood, California 91601. I did not receive any response from knocking on the front door. 7. On May 13, 2011, at 11:00 am, I made my fourth attempt to personally serve NAIFEH at her last known home address located at 5246 Cleon Avenue, North Hollywood, California 91601. [spoke with a woman who informed me thet NAIFEH does not live there anymore. She would not provide me with any other information. { visually confirmed that this woman was not NAIFEH based on the photos I had found of NAIFEH on the internet. 8. At 11:35 am, I then attempted to personally serve NAIFEH at her last known mailing address located at 264 S. La Cienega Blyd. #1098. Beverly Hills. California 90211. This is the location of a private mail box business. I spoke with an employee, ERIKA RIOS, who confirmed that NAIFEH has an account and receives mail in private mail box #1098. I then perfected substituted service on STEPHANIE NAIFEFH by leaving the Summons and Complaint with ERIKA RIOS, who informed me that she was going to put the documents in NAIFEH’S private mail box 9. On May 20, 2011, I mailed (by first-class, postage prepaid) copies of the documents to STEPHANIE NAIFEH at her private mail box address located at 264 S. La Cienega Blvd. #1098, Beverly Hills, California 90211, from my office in Santa Ana, California. { declare that the foregoing is true and correct under the penalty of perjury under the laws of the state of California this 14th day of July 2011 in Santa Ana, California. -. (UV Robert IrigoyenExhibit B‘Security (15 USC) AUSSEC Tracer Flag ‘Not 2 point of Law EA73292027US Date: April S, 2011 nune pro tune From: Stefanie Anne Naifeh c/o Sara E. Haller, notary 1524 San Carlos Avenue, no 3 San Carlos, California near (94070) To: Aclene T. Borick — d.b.a. Honorable Judge California Superior Cour, San Francisco county e/g Superior Court of California, County of San Francisco 400 McAllister Street San Francisco, Catifornia near (94102) ‘T. Michael Yuen ~ d.b.a. Chief Clerk, Court Executive Officer California Superior Court, San Francisco county clo Superior Court of California, County of San Francisco 400 McAllister Street San Francisco, California near (94102) S. Christopher Yoo - d.b.a. Attorney, Cal. St. Bar no,169442 Alyson M. Dudkowski d.b.a, Attorney, Cal, St. Bar no, 259728 Nancy Velasquez d.b.a. Litigation Support Analyst - JPMorgan Chase Bank, N.A. Bank of America, National Association as successor by merger to LaSalle Bank, NA as Trustee for WAMU Mortgage Passthrough Certificates Series 2007-HY06 clo AlvaradoSmith 1 MacArthur Place, Suite 200 Santa Ana, California near (92707) PRIVATE BETWEEN THE PARTIES - NOT A PUBLIC COMMUNICATION NON-NEGOTIABLE - NON-TRANSFERAELE NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASSIGNS VERIFIED AFFIDAVIT OF REFUSAL FOR CAUSE WITHOUT DISHONOR AND NOTICE OF FEE SCHEDULE Re: Summons, complaint and all case contents in re Case number CGC-11-509805, hereinafter “Offer.” MAXIMS All men and women know that the foundation of law and commerce exists in the telling of the truth, the whole truth, and nothing but the truth. Truth as a valid statement of reality is sovereign in commerce. An unrebutted affidavit stands as truth ia commerce. An unrebutted affidavit is acted upon as the judgment in commerce, INTRODUCTORY CERTIFICATION California state) ) affirmed San Mateo county ) A. I Stefanie Anne Naifeh, hereinafter "Affiant,” operating in peace without dishonor by right of contract and benefit of discussion without discretion, hereinafter “Principal,” does hereby -soleranly certify, declare, and claim under full commercial liability that all of the matters set forth herein are in accord with Claimant's sincere intent, and in said capacity Claimant states that: 1, Affiant can competently state the matters set forth herewith. 2. AfBant has personal knowledge of the facts stated herein, 3, All the facts stated herein are intended as truthful, accurate, not misleading, and admissible as evidence in accordance with Affiant’s best knowledge and comprehension. SAN - VNRFC ~ 1150980501 Page Lo 4NON-NEGOTIABLE NON-TRANSFERABLE THIS S.A PRIVATE MAT FOR OIE PLAIN STATEMENT OF FACT B.. This notice is communicated between Affiant and Respondents privately, confidentially and within full commercial liability, C. Publication of this notice will constitute commercial injury upon Affiant. D. The above referenced Offer is found enclosed returned, refused for cause without dishonor for: 1. Breach of estoppel (See Enclosure); : _ 2, Barratry; 3. Breach a extant non- renegotiable contracts; 4, Breach of trust; 5. Breach of fiduciary duty; 6. Failure to identify authority to administer and/or probate STEFANIE ANNE NAIFEH 7. Breach of contract between Stefanie Anne Naifeh and San Francisco County; 8. Dishonor of the national bankruptcy; + G. Misrepresentation of known whereabouts; 10. Intentional failure of delivery of copy of the summons and of the pleading to an individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process; 11. Threat of violence upon non-combatant civilians; 42. No credibility based on absence of declaration and certification of firsthand personal knowledge and acceptance of personal accountability, responsibility, and liability for the validity, accuracy, relevance and verifiability of anything stated, claimed, alleged, asserted, decided, ordered or acted upon, 13. No proof of any valid underlying contract enforceable at law to establish respective rights, duties, obligations, and valuable consideration defined with particularity and provided by and between contracting parties; 14. Failure to produce all documents required by Jaw and the undersigned to prove status as 1) Creditor 2) Tile holder, 3) Owner, 4) Landlord, 5) Holder in Due Course of provea negotiable instrument. 6) Successor, 7} Assign, 8) Principai, 9) Agency, 10) Authorized party 411) Capacity to state a claim upon which relief can be granted or 12) Standing as financial real party in interest as required to assert a valid claim or cause of action in any administrative or judicial proceeding in re Subject Property; 45. Failure of full disclosure and concealment of all material facts, including those attached hereto as exhibits, in order to assert or allege Subject Property conveyance, right, title, interest, authority or claim; 16. Prior ratified and non-negotiable agreement and contract of all involved and required parties to "Loan 3013217702" and related "Deed of Trust” and “Note” that ail grounds to collect, enforce, foreclose, or assert any valid judicial or administrative cause of action or fien claim thereto is extinguished; 17. No Proof of chain of title for Subject Property; 18, No proof of clear title to Subject Property; 19, No cause; 20, Breach of extant Cease and Desist demand. SAN -YNRFC- 11809805 -01 ° Page 2 054NON-NEGOTIABLE NON-TRANSFERABLE VATE MATTER Gib 8 Orta a8 . FEE SCHEDULE E. This is fair warning and due process notice that anyone of anything, hereinafter "Party(ies).” may be assessed and billed, jointly and severally, for all breaches, torts, damages, and commercial injury, hereinafter “Injury,” incurred by Affiant as the result of any unverified, pseudo verified and false claim(s), allegation(s) and assertion(s), whether judicial or administrative, by Party(ies), jointly or severally. against Affiant. The definition of an Injury will be determined by Affiant and not be subject to rebuttal. The occurrence of an Injury will be determined by Affiant and not be subject to rebuttal, The sum set certain for Injury(ies) - calculated by Affiant will not be subject to rebuttal and determined by the following fee schedule: 1. An amount set certain of one thousand (1000) troy ounces of 9995 fine or better hallmarked gold, or lawful currency of verified and verifiable par value of said gold, hereinafter “Tender,” per Injury, regardless of the nature of Injury, such amount not subject to future rebuttal, 2. An amount set certain of no less than fifty (50) troy ounces Tender for each and every unsolicited veriaal or written offer, correspondence, paper, article of mail, phone call or similar class of contact, relating to any matter in any manner whatsoever, such amount not subject to future rebuttal. 3. Treble damages calculated by three (3) times of the amount set certain of 1) and 2) above, in addition to any debt and/or commercial dishonor Party(ies) alleges or asserts against Affiants, such amount not subject to future rebuttal. 4, The sum set certain of all injury(ies) to Affiants by Party(ies) will be determined by Afflant by a total of amount(s) set certain and not subject to future rebuttal. F. Sum set certain collection may commence with service upon Party(ies), jointly or severally, of Verified True Bill, hereafter “VTB,” and/or invoice, hereinafter "Invoice,” that may be accompanied by an Affidavit of Obligation as to the sum set certain owed to Affiant within thirty (30) days of Party’s(ies) receipt of VTB and/or Invoice. G, Ifthe VTB and/or Invoice amount is not paid during the time allowed by the VTB and/or invoice, a penalty amount cerzain equal to five (5) troy ounces Tender will be added to the sum set certain. H. Alf outstanding sum set certain amounts will immediately bear and begin to accrue interest at the rate of ten (10) percent per annum. 1. An initial minimum collection fee of five (5) troy ounces Tender, plus any additional collection cost, will be added to the sum set certain and be paid by Partyfies). J. Party's(ies) failure ta timely settle VIB(s) and/or Invoice(s) may instigate first, second or third party debt collections, as well as commercial lien(s), against Party(es), jointly and severally. ‘The surety/property utilized to guarantee the payment of such VTB(s). Invoice(s} and commercial lien(s) will be the operational/commercial bonds of each lien debtor. If the bond(s) of the lien debtor(s) prove insufficient for coverage of the payment(s) the assets of the lien debtor{s) will be utilized as follows: all gross income from whatever source derived, the real and moveable property and investment, bank and savings accounts and funds of the lien debtors except wedding rings, keepsakes, family photographs, diaries, journals, etc, and the property normally exempted in the lien process (includes survival provisions). Further, Party(ies) agrees to be named as debtor on UCC 3 financing statement. J, the undersigned, Affiant, do herewith certify, declare, and claim upon my unlimited commercial fiability that I have read and know the aforementioned content and that, to the best of my knowledge and comprehension, execute the foregoing with sincere intent, possess competence for stating the matters set forth therein, and that it is correct, complete, and not misleading, the truth, the whole truth, and nothing but the truth, and that my yes is my yes and my no is my no. . NOTICE IS GIVEN SAN - YNRFC - 13909805 -01 Page 3 of 4NON-NEGOTIABLE NON-TRANSFERABLE, ‘The twentieth day of July in the year two thousand eleven, Anno Domini All rights reserved, STEFANIE ANNE NAIFEH Ene: Summons in re in re Case number CGC-11-50980S, marked Refused for Cause Without Dishonor Complaintin re Case number CGC+11-509805, marked Refused for Cause Without Dishonor Certificate of Estoppel, number STS-VCE-49Z0e-005212013 + Affidavit of Notary CONR-SEH-02-RE473291027US Notary Proaf of Service of this Notice and its enclosures On the twentieth day of July in the year two thousand eleven, Anno Domini, Stefanie Anne of the family naifeh appeared with the undersigned who identified her and before whom she affirmed the truth of this affidavit with signature. TF if Sam White c/o 439 Manor Drive, Pacifica, California lb bet AA Gayle Aghe Harsma c/o 369 Peachstone Terrace, San Rafael, California . oy etn b be Susan S. Lee c/o 20 Kingsland, Oakland, Catifornia SAM — VNRPC- 11509805 -04 Page BotACKNOWLEDGMENT State of California County of San Mateo. > on uly 20 A011 wore Dana G Haller tars public personally appesred_ TEE RW ANNE NO EeH , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized cepacity(ies), and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the insuument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing, paragraph is rue and correct. WITNESS my hapd and Te. (Seal) Signature rene HALLER Commission # 1935031wv 4/01/2011 FIRST LEGAL A1Dbab 135 X . Frys SUMMONS SUM-100 x (CITACION JUDICIAL) (ro a USE OM ray = > Ry NOTICE TO DEFENDANT: ‘STEPHANIE: NALFEH,,.an individual; sam (AVISO AL DEMANDADO): SEGALL, an’ individual; STEPHEN ANDREW EASTERLY, an individual; ADAM J. WHITE, an individual; ANDRE S. WHITE, af individaal; ALL PERSONS UNKNOWN, © CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATS, LIEN OR INTEREST IN THE PROPERTY KNOWN AS’ 49° ZOE “STREET #15, ° SAN FRANCISCO, CALIFORNIA 94107; and DOES .1 THROUGH 50, inclusive : YOU ARE BEING SUED BY PLAINTIFF: BANK OF “AMERICA, “NATIONAL (LOESTA DEMANDANDG | EL DEW, iNDANTE) “RSSOCTATION AS SUCCESSOR BY MERGER TO LASALLE BANK NA AS TRUSTEE FOR WAMU MORTGAGE PASS-THROUGH CERTLFICATES SERIES 2@97-HYO6 TRUST NOTICE! You havo boon sued. The cout may decide eesinat low, ‘You have 30 CALENDAR DAYS after this summans an served on the plaintif. A letier or phone cal will not prot case, There may be a cour form that you can use for Oniine Self-Help Center (www. caurtiafo.ca.gov/ the court clerk for 8 fee walver form. It you do ni may be taken without further warning from th “There are olhar legal requirements. You seferral service: Ifyou carinct afford an atamgy these nonprofit g‘oups at the Califomia lay (www. courtnto.ca:gav/seltheip).'or Costs on any settlement or arbi JAVISO! Lo hen demandedo. continuacién Tiene 30 DIAS.DE C ‘your being heard-unless you ey 30 days, Read the Information jo fle a writen Bye ‘at this coun and have a copy roper legen #f you want the courtto hear your ie norman at the Califia Couts ‘you if you. cannot pay the fling fea, ask default, aid your wages, Honey, and property 1 tay want to call an attorney ram. You can locate biblioteca de ee ‘de su conded que. Je: as ua formulario de exes su sual, ange y Bore aes See cole ce obogeet als 10,000: pagar el gravamién ga la corte ‘ants do gue ue yest pueda desechar el ca: he hame and. aduress of he cout ia, ~ (Efnombre y direccién de la corte « ] Supe¥ior Court of Cal Civic Center Court 400. McAllister Stre San Francisco, CA. 94f02 iS The name, address, and telephone number of plalay mey, or plaintiff, ithout en attorney, Is: (Ei nombre, ia direccién y ef ndmero de feléton ado del deraandénte, o def demandsnte que no tiene abogado, e8)s. S. Christopher Yoo - (SBN 169442 (714) 852-6800 (714) 852-6859 Alyson M. Dudkowski - (SEN 25972 mL ALVARADOSMITH . i MacArthur Place, Suite 200 - Santa Ana, . DATE: CLERK ona Prgterk, by BNATT , Deputy (Eecha) APR rite Bitte, ‘Secreta rio) (Agjunto} (For proof of s oe nS, Use Proof of Service of Summons (forin POS-010),) (Para prueba de ehtrega de asta citation use é/ formlario. Proof of Service of Suminons, (POS-010)). NOTICE TO'THE PERSON SERVED: You'are served seal] 1 i na 2. as the pergen vsiied under the ‘felitious n name of (specity)? 3. (7) on behalf of (specify): . under, CCP 416.60 (minor) ; [J CCP 416.70 (conservatee) COP 446.40 (association of partnership) CCP 416.90 (authorized person) (J other (sp yecity): 4. [71 by personal delivery of (date): Page 1 off adele! Counc of Caloris