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ACA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-20-2011 10:07 am
Case Number: CGC-10-503315
Filing Date: Apr-20-2011 10:06
Juke Box: 001 Image: 03188082
PROOF OF SERVICE OF SUMMONS AND COMPLAINT
WELLS FARGO BANK, N.A. VS. WISKIND LLC, et al
001C03188082
Instructions:
Please place this sheet on top of the document to be scanned. t"FOR COURT USE ONLY
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adress):
LISA E. SPIWAK 131587
555 Marin St, #140 4
Thousand Oaks, CA 91360 r
TELEPHONE NO.: (805) 777-1175 FAX NO. (Optional) Sqn Frané/see County Superior
APR 20 2011
ATTORNEY FOR (Neme):. WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 MeAlllister Street, Room 103
MAILING ADDRESS:
CITY AND ZIP CODE: San Francisco 94102 ayy
BRANCH NAME: Civic Center Courthouse
WELLS FARGO BANK, N.A., A NATIONAL BANKING
ASSOCIATION
_ WISKIND, LLC, A CALIFORNIA LIMITED LIABILITY
DEFENDANT/RESPONDENT: company; ET AL.
AMENDED PROOF OF SERVICE OF SUMMONS
1. At the time of service | was at least 18 years of age and not a party to this action.
NUMBER:
CGC-10-503315
Fel No oF Fi0No
531.0293
2. | served copies of the (specify documents):
‘Summons; Complaint for Money; Civil Case Cover Sheet; Alternative Dispute Resolution (adr) Information Package
PLAINTIFF/PETITIONER:
3. a. Party served (specify name of party as shown on documents served):
DAN WISKIND
b. [ ] Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a):
4. Address where the party was served:
‘SIMAYOF JEWELERS, 295 GEARY Street, SAN FRANCISCO, CA 94102
5. | served the party (check proper box)
a. [ ] by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to
receive service of process for the party (1) on (date): (2) at (time):
b. [X] by substituted service. On (date): 11/14/2010 (2) at (time): 7:15 PM _ | left the documents listed in item 2 with or in
the presence of (name and title or relationship to person indicated in item 3):
Mickey Doe, store manager, A Middle Eastern male approx. 35-40 years of age 5'8"-5'10" in height weighing 160-
180 Ibs with black hair
(1) [X] (business) a person at least 18 years of age apparently in charge at the office or usual place of business of
the person to be served. | informed him or her of the general nature of the papers.
(2) ] (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place
of abode of the party. | informed him or her of the general nature of the papers.
(3) | ] (physical address unknown) a person of at least 18 years of age apparently in charge at the usual mailing
addresss of the person to be served, other than a United States Postal Service post office box. | informed
him or her of the general nature of the papers.
(4) ] | thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the
place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents on (date): from
(city): or [ X] a declaration of mailing is attached.
(5) [X] | attach a declaration of diligence stating actions taken first to attempt personal service.
Page 402
Code of Civil Proceduro. § 417.10
Form Adopted for Mandatory Use
‘Audits! Council of California,
PROOF OF SERVICE OF SUMMONS Order No. 6383858 LAX[CASE NUMBER’
WELLS FARGO BANK, N.A., A NATIONAL BANKING ‘CGC-10-503315
PLAINTIFF/PETITIONER: ASSOCIATION
WISKIND, LLC, A CALIFORNIA LIMITED LIABILITY
DEFENDANT/RESPONDENT: COMPANY; ET AL.
c. [ ] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(1) on (date): (2) from (city):
(3) [ ] with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope
addressed to me. (Attach completed Notice and Acknowledgment 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 means of service and authorizing code section):
[ ] Additional page describing service is attached.
6. The "Notice to the Person Served" (on the summons) was completed as follows:
a. [X] as an individual defendant.
b. [ _] as the person sued under the fictitious name of (specify):
c. { ] as occupant
d.
|. [ ] On behalf of (specify):
under the following Code of Civil Procedure section:
] 416.10 (corporation)
] 416.20 (defunct corporation)
[ ] 415.95 (business organization, form unknown)
[
{ ] 416.30 (joint stock company/association)
] 416.60 (minor)
] 416.70 (ward or conservatee)
] 416.90 (authorized person)
] 416.40 (association or partnership)
] 415.46 (occupant)
] 416.50 (public entity)
] other
7. Person who served papers
a. Name: Karel Marecek
b. Address: 304 12th St, Suite 4A, Oakland, CA 94607
c. Telephone number: 510-832-0701
d. The fee for service was: $50.00
e. lam:
(1) [ ] nota registered California process server.
(2) [_ ] exempt from registration under Business and Professions Code section 22350(b).
(3) [X] registered California process server:
(i) [| Jowner [ ] employee [ X] independent contractor
(ii) [X] Registration No.: 1086
(iii) [X] County: San Francisco
8. [X] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9.[ ] lama California sheriff or marshal and! certify that the foregoing is true and correct.
Date: 4/19/2011
Karel Marecek
THANE OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL)
Page 2 of2
PROOF OF SERVICE OF SUMMONS OrderATTORNEY OR PARTY WITHOUT ATTORNEY (Nome, State Bor number and adress): "FOR COURT USE ONLY
LISA E. SPIWAK 131587
SPIWAK & IEZZA
555 Marin St, #140
‘Thousand Oaks, CA 91360
TELEPHONE NO: (805) 777-1175 FAX NO. (Opiona):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Neme):. WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllister Street, Room 103
MAILING ADDRESS:
CITY AND ZIP CoDE: San Francisco 94102
BRANCH NAME: Civic Center Courthouse
. WELLS FARGO BANK, N.A., A NATIONAL BANKING
PLAINTIFFIPETITIONER: associaTION
, WISKIND, LLC, A CALIFORNIA LIMITED LIABILITY
DECLARATION OF REASONABLE DILIGENCE
Party to Serve:
DAN WISKIND
[CASE NUMBER:
CGC-10-503315
Ret. No. or File No.:
531.0293
Documents:
Summons; Complaint for Money; Civil Case Cover Sheet; Alternative Dispute Resolution (adr) Information Package
Service Address:
SIMAYOF JEWELERS, 295 GEARY Street, SAN FRANCISCO, CA 94102
I declare the following attempts were made to effect service by personal delivery:
10/20/2010 3:25 PM: Jewelery store, address is good, defendant works here as a manager, does not have any schedule, hes in
and out
11/4/2010 4:06 PM: Not available
11/13/2010 7:20 am: Closed
41/14/2010 7:15 PM: Sub-Served to Store Manager. Home address for the defendant is unknown.
Person who served papers:
Karel Marecek
304 12th St, Suite 4A, Oakland, CA 94607
510-832-0701
lam a registered California process server
Registration No.: 1086
County: San Francisco
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 4/19/2011
Karel Marecek
(NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) (SIGNATURE)
="
OrdFOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and addross)
LISA E. SPIWAK 131587
| Thousand Oaks, CA 91360
TELEPHONE NO: (805) 777-1475 FAX NO. (Optional)
EMAIL ADDRESS (Options/):
ATTORNEY FOR (Name): WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllister Street, Room 103
MAILING ADDRESS:
CITY AND ZIP CODE: San Francisco 94102
BRANCH NAME: Civic Center Courthouse
. WELLS FARGO BANK, N.A., A NATIONAL BANKING
PLAINTIFF/PETITIONER: AssociATION
CASE NUMBER:
CGC-10-503315
WISKIND, LLC, A CALIFORNIA LIMITED LIABILITY
DEFENDANT/RESPONDENT: Company; ET AL.
Ref. No. or Fle No:
DECLARATION OF MAILING 531.0293
The undersigned hereby declares: that | am over 18 years of age and not a party to this action. | am a resident of or employed in
the county where the mailing took place.
My business address is 501 12th St. Sacramento, CA 95814.
That on November 15th, 2010, after substituted service was made, | mailed the following documents: Summons; Complaint
for Money; Civil Case Cover Sheet; Alternative Dispute Resolution (adr) Information Package to the servee in this action
by placing a true copy thereof enclosed in a sealed envelope with postage prepaid for first class mail and placing the envelope
for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting
and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in Sacramento, CA.
That | addressed the envelope as follows:
DAN WISKIND
SIMAYOF JEWELERS
295 GEARY Street
SAN FRANCISCO, CA 94102
Xv Ag
That | declare under penalty of perjury of the state of California that the foregoing is true and correct.
That | executed this declaration on November 15th, 2010 at Sacramento, CA.
—y sO
Acai Lo fecaene
Declarant Russell Duane
Or 33858 LAX
Preview
ACA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-20-2011 10:07 am Case Number: CGC-10-503315 Filing Date: Apr-20-2011 10:06 Juke Box: 001 Image: 03188082 PROOF OF SERVICE OF SUMMONS AND COMPLAINT WELLS FARGO BANK, N.A. VS. WISKIND LLC, et al 001C03188082 Instructions: Please place this sheet on top of the document to be scanned. t"FOR COURT USE ONLY [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adress): LISA E. SPIWAK 131587 555 Marin St, #140 4 Thousand Oaks, CA 91360 r TELEPHONE NO.: (805) 777-1175 FAX NO. (Optional) Sqn Frané/see County Superior APR 20 2011 ATTORNEY FOR (Neme):. WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 MeAlllister Street, Room 103 MAILING ADDRESS: CITY AND ZIP CODE: San Francisco 94102 ayy BRANCH NAME: Civic Center Courthouse WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION _ WISKIND, LLC, A CALIFORNIA LIMITED LIABILITY DEFENDANT/RESPONDENT: company; ET AL. AMENDED PROOF OF SERVICE OF SUMMONS 1. At the time of service | was at least 18 years of age and not a party to this action. NUMBER: CGC-10-503315 Fel No oF Fi0No 531.0293 2. | served copies of the (specify documents): ‘Summons; Complaint for Money; Civil Case Cover Sheet; Alternative Dispute Resolution (adr) Information Package PLAINTIFF/PETITIONER: 3. a. Party served (specify name of party as shown on documents served): DAN WISKIND b. [ ] Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a): 4. Address where the party was served: ‘SIMAYOF JEWELERS, 295 GEARY Street, SAN FRANCISCO, CA 94102 5. | served the party (check proper box) a. [ ] by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): (2) at (time): b. [X] by substituted service. On (date): 11/14/2010 (2) at (time): 7:15 PM _ | left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): Mickey Doe, store manager, A Middle Eastern male approx. 35-40 years of age 5'8"-5'10" in height weighing 160- 180 Ibs with black hair (1) [X] (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. | informed him or her of the general nature of the papers. (2) ] (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. | informed him or her of the general nature of the papers. (3) | ] (physical address unknown) a person of at least 18 years of age apparently in charge at the usual mailing addresss of the person to be served, other than a United States Postal Service post office box. | informed him or her of the general nature of the papers. (4) ] | thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents on (date): from (city): or [ X] a declaration of mailing is attached. (5) [X] | attach a declaration of diligence stating actions taken first to attempt personal service. Page 402 Code of Civil Proceduro. § 417.10 Form Adopted for Mandatory Use ‘Audits! Council of California, PROOF OF SERVICE OF SUMMONS Order No. 6383858 LAX[CASE NUMBER’ WELLS FARGO BANK, N.A., A NATIONAL BANKING ‘CGC-10-503315 PLAINTIFF/PETITIONER: ASSOCIATION WISKIND, LLC, A CALIFORNIA LIMITED LIABILITY DEFENDANT/RESPONDENT: COMPANY; ET AL. c. [ ] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): (3) [ ] with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgment 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 means of service and authorizing code section): [ ] Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. [X] as an individual defendant. b. [ _] as the person sued under the fictitious name of (specify): c. { ] as occupant d. |. [ ] On behalf of (specify): under the following Code of Civil Procedure section: ] 416.10 (corporation) ] 416.20 (defunct corporation) [ ] 415.95 (business organization, form unknown) [ { ] 416.30 (joint stock company/association) ] 416.60 (minor) ] 416.70 (ward or conservatee) ] 416.90 (authorized person) ] 416.40 (association or partnership) ] 415.46 (occupant) ] 416.50 (public entity) ] other 7. Person who served papers a. Name: Karel Marecek b. Address: 304 12th St, Suite 4A, Oakland, CA 94607 c. Telephone number: 510-832-0701 d. The fee for service was: $50.00 e. lam: (1) [ ] nota registered California process server. (2) [_ ] exempt from registration under Business and Professions Code section 22350(b). (3) [X] registered California process server: (i) [| Jowner [ ] employee [ X] independent contractor (ii) [X] Registration No.: 1086 (iii) [X] County: San Francisco 8. [X] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9.[ ] lama California sheriff or marshal and! certify that the foregoing is true and correct. Date: 4/19/2011 Karel Marecek THANE OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) Page 2 of2 PROOF OF SERVICE OF SUMMONS OrderATTORNEY OR PARTY WITHOUT ATTORNEY (Nome, State Bor number and adress): "FOR COURT USE ONLY LISA E. SPIWAK 131587 SPIWAK & IEZZA 555 Marin St, #140 ‘Thousand Oaks, CA 91360 TELEPHONE NO: (805) 777-1175 FAX NO. (Opiona): EMAIL ADDRESS (Optional): ATTORNEY FOR (Neme):. WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street, Room 103 MAILING ADDRESS: CITY AND ZIP CoDE: San Francisco 94102 BRANCH NAME: Civic Center Courthouse . WELLS FARGO BANK, N.A., A NATIONAL BANKING PLAINTIFFIPETITIONER: associaTION , WISKIND, LLC, A CALIFORNIA LIMITED LIABILITY DECLARATION OF REASONABLE DILIGENCE Party to Serve: DAN WISKIND [CASE NUMBER: CGC-10-503315 Ret. No. or File No.: 531.0293 Documents: Summons; Complaint for Money; Civil Case Cover Sheet; Alternative Dispute Resolution (adr) Information Package Service Address: SIMAYOF JEWELERS, 295 GEARY Street, SAN FRANCISCO, CA 94102 I declare the following attempts were made to effect service by personal delivery: 10/20/2010 3:25 PM: Jewelery store, address is good, defendant works here as a manager, does not have any schedule, hes in and out 11/4/2010 4:06 PM: Not available 11/13/2010 7:20 am: Closed 41/14/2010 7:15 PM: Sub-Served to Store Manager. Home address for the defendant is unknown. Person who served papers: Karel Marecek 304 12th St, Suite 4A, Oakland, CA 94607 510-832-0701 lam a registered California process server Registration No.: 1086 County: San Francisco | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 4/19/2011 Karel Marecek (NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) (SIGNATURE) =" OrdFOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and addross) LISA E. SPIWAK 131587 | Thousand Oaks, CA 91360 TELEPHONE NO: (805) 777-1475 FAX NO. (Optional) EMAIL ADDRESS (Options/): ATTORNEY FOR (Name): WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street, Room 103 MAILING ADDRESS: CITY AND ZIP CODE: San Francisco 94102 BRANCH NAME: Civic Center Courthouse . WELLS FARGO BANK, N.A., A NATIONAL BANKING PLAINTIFF/PETITIONER: AssociATION CASE NUMBER: CGC-10-503315 WISKIND, LLC, A CALIFORNIA LIMITED LIABILITY DEFENDANT/RESPONDENT: Company; ET AL. Ref. No. or Fle No: DECLARATION OF MAILING 531.0293 The undersigned hereby declares: that | am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. My business address is 501 12th St. Sacramento, CA 95814. That on November 15th, 2010, after substituted service was made, | mailed the following documents: Summons; Complaint for Money; Civil Case Cover Sheet; Alternative Dispute Resolution (adr) Information Package to the servee in this action by placing a true copy thereof enclosed in a sealed envelope with postage prepaid for first class mail and placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Sacramento, CA. That | addressed the envelope as follows: DAN WISKIND SIMAYOF JEWELERS 295 GEARY Street SAN FRANCISCO, CA 94102 Xv Ag That | declare under penalty of perjury of the state of California that the foregoing is true and correct. That | executed this declaration on November 15th, 2010 at Sacramento, CA. —y sO Acai Lo fecaene Declarant Russell Duane Or 33858 LAX