On June 29, 2022 a
Dec_Sparkman
was filed
involving a dispute between
Sparmak, William,
and
Fuerte, Jessica,
Jeanette Diaz,
Vega, Jose A.,
for 23-CV Other PI/PD/WD - Civil Unlimited
in the District Court of Kern County.
Preview
1 Gilbert D. Sigala, Esq. [SBN 109905]
LAW OFFICES OF GILBERT D. SIGALA
2 1818 W. Beverly Blvd. Suite, 206
Montebello, California 90640
3 Telephone: (323) 726-2150
Facsimile: (323) 726-9183
4 Attorneys for Plaintiffs
5
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FORTHECOUNTYOFKERN
9
WILLIAM SPARKMAN ) Case No.: BCV -22-101638
10 )
Plaintiffs, ) DECLARATION OF GILBERT D. SIGALA
11 vs. ) IN SUPPORT OF OSC
)
12 JESSICA FUERTE, JOSE VEGA and DOES )
1 TO 25, Inclusive )
13 ) Date: January 3, 2023
Defendants. ) Time: 8:30 a.m.
14 ) Dept. 17
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Declaration of Gilbert D. Sigla
1 I, GILBERT D. SIGALA DECLARE AS FOLLOWS:
2 1. I am an attorney licensed to practice in the State of California.
3 2. Except as otherwise stated, all information set forth in this declaration is based upon
4 personal knowledge and if called upon to testify, I could and would competently testify thereto.
5 3. The Summons and Complaint of this action was filed on June 30, 2022. I have been
6 unable to make any contact with the owner of the property or dog owner who bit the plaintiff.
7 4. As such I forwarded a copy of the summons and complaint to the Sheriff’s office on
8 September 29, 2022 for service. I have yet to receive a reply. A copy of the following papers are
9 attached as Exhibit "1 ".
10 5. I forwarded a copy of the summons and complaint to a process server on October 30,
11 2022. The defendant Ms. Fuerte was served on November 11, 2022. A copy of the Proof of Service
12 is attached as Exhibit "2"
13 6. A status conference scheduled in this case on October 20, 2022. Through oversight
14 the matter did not make it to my calendar and I did not attend. I apologize to the court for any
15 inconvenience this may have caused.
16 I declare under penalty and perjury that the foregoing is true and correct.
17 Dated: December 7, 2022 Law Offices of Gilbert D. Sigala
18 ___________________________
19 Gilbert D Sigala
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Declaration of Gilbert D. Sigla
EXHIBIT "1"
I
1111
Law Offices of Gilbert D. Sigala
. 1818 W. Beverly Blvd. Suite 206
Montebello, CA 90640
(323) 726-2150
Fax: (323) 726-9183
sigalawl@aol.com
September 29, 2022
Sheriffs Department
P.O. Box 80786
Bakersfield, CA 93380
ATTN: CIVIL PROCESS
RE: SPARMACK v. FUERTE
Case No.: BCV-22-1-1638
Dear Sir/Madam:
PLEASE SERVE TIIE SUMMONS, COMPLAINT, STATEMENT OF LOCATION AND
CIVIL CASE COVER SHEET ON THE FOLLOWING DEFENDANT AS SOON AS
POSSIBLE:
Jessica Fuerte
2196 Oak Street
Rosamond, CA 93560
Enclosed please find a $40.00 check to cover your fee. Please forward the Proof of Service upon
completion. If you have any questions please do not hesitate to contact this office. Thank you
for your time and attention to this matter.
EXHIBIT "2"
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Gilbert D. Sigala, Esq. (SBN: 109905)
-The Law Office of Gilbert D. Sigala
1818 W. Beverly Blvd., #206
Montebello CA 90640
323-726-2} 50
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
William Sparkman
ATTORNEY FOR (NameJ:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern
STREET ADDRESS: 1215 Truxtun Ave
MAILING ADDRESS:
Bakersfield, 93301
CITY AND z1P cooe:
BRANCH NAME: Metro Division Justice Building
PLAINTIFF/PETITIONER: William Sparkman CASE NUMBER:
BCV-22-101638
DEFENDANT/RESPONDENT: Jessica Fuerte, et al.
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS
(Separate proof of service is required for each party served.)
1. At the time of service I was at least 18 years of age and not a party to this action.
2. I served copies of:
a. [X] summons
b. 00 complaint
c. CJ Alternative Dispute Resolution (ADR) package
d. 00 Civil Case Cover Sheet (served in complex cases only)
e. CJ cross-complaint
f. CJ other (specify documents):
3. a. Party served (specify name of party as shown on documents served):
Jessica Fuerte
b. D 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 on whom substituted service was made) (specify name and relationship to the party named in item 3a):
4. Address where the party was served:
2196 Oak Street. Rosamond, CA 93560
5. I served the party (check proper box)
a. [X] by personal service. I 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): 11/11/2022 (2) at (time):1:45 pm
b. C:=J by substituted service. On (date): at (time): I left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3):
(1) c=J (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. I informed him or her of the general nature of the papers.
(2) (X] (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. I informed him or her of the general nature of the papers.
(3) CJ (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box.
I informed
him or her of the general nature of the papers.
(4) CJ I 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.,§ 41
.20~. I mailed the documents on
{5) C:J
(date): from (city): or1 a declaration of mailing is attached.
I attach a declaration of diligence stating actions taken first to attempt personal service.
Page 1 of 2
PLAINTIFF/PETITIONER: William Sparkman CASE NUMBER:
BCV-22-101638
DEFENDANT/RESPONDENT: Jessica Fuerte, et al.
s. c. D by mail and acknowledgment of receipt of service. I 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) D with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc.,§ 415.30.)
(4)l::J to an address outside California with return receipt requested.
(Code Civ. Proc.,§ 415.40.)
d. [X] by other means (specify means of service and authorizing code section):
In person service at Defendants home.
D 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. D as the person sued under the fictitious name of (specify):
c. D as occupant.
d. CJ On behalf of (specify):
under the following Code of Civil Procedure section:
D 416.1 0 (corporation) D 415.95 (business organization, form unknown)
D 416.20 (defunct corporation) D 416.60 (minor)
D 416.30 (joint stock company/association) D 416. 70 (ward or conservatee)
D 416.40 (association or partnership) D 416.90 (authorized person)
D 416.50 (public entity) D 415.46 (occupant)
D other:
7. Pers.on who served papers
a. Name: Edwin Perez
b. Address: 740 West 24th Street. San Pedro, CA 90731
c. Telephone number: 562-305-8886
d. The fee for service was: $110.00
e. lam:
(1) (X] not a registered California process server.
(2) D exempt from registration under Business and Professions Code section 22350(b ).
(3) D a registered California process server:
(i) D owner CJ employee c=J independent contractor.
(ii) Registration No.:
(iii)County:
8. 00 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9. D I am a California sheriff or marshal and I certify that the foregoing is true and corr
ct.
Date: 11/11/2022
Edwin Perez
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) â–º
Document Filed Date
December 07, 2022
Case Filing Date
June 29, 2022
Category
23-CV Other PI/PD/WD - Civil Unlimited
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Preview
1 Gilbert D. Sigala, Esq. [SBN 109905] LAW OFFICES OF GILBERT D. SIGALA 2 1818 W. Beverly Blvd. Suite, 206 Montebello, California 90640 3 Telephone: (323) 726-2150 Facsimile: (323) 726-9183 4 Attorneys for Plaintiffs 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FORTHECOUNTYOFKERN 9 WILLIAM SPARKMAN ) Case No.: BCV -22-101638 10 ) Plaintiffs, ) DECLARATION OF GILBERT D. SIGALA 11 vs. ) IN SUPPORT OF OSC ) 12 JESSICA FUERTE, JOSE VEGA and DOES ) 1 TO 25, Inclusive ) 13 ) Date: January 3, 2023 Defendants. ) Time: 8:30 a.m. 14 ) Dept. 17 ) 15 ) ) 16 ) ) 17 ) ) 18 ) ) 19 ) 20 21 22 23 24 25 26 27 28 -1- Declaration of Gilbert D. Sigla 1 I, GILBERT D. SIGALA DECLARE AS FOLLOWS: 2 1. I am an attorney licensed to practice in the State of California. 3 2. Except as otherwise stated, all information set forth in this declaration is based upon 4 personal knowledge and if called upon to testify, I could and would competently testify thereto. 5 3. The Summons and Complaint of this action was filed on June 30, 2022. I have been 6 unable to make any contact with the owner of the property or dog owner who bit the plaintiff. 7 4. As such I forwarded a copy of the summons and complaint to the Sheriff’s office on 8 September 29, 2022 for service. I have yet to receive a reply. A copy of the following papers are 9 attached as Exhibit "1 ". 10 5. I forwarded a copy of the summons and complaint to a process server on October 30, 11 2022. The defendant Ms. Fuerte was served on November 11, 2022. A copy of the Proof of Service 12 is attached as Exhibit "2" 13 6. A status conference scheduled in this case on October 20, 2022. Through oversight 14 the matter did not make it to my calendar and I did not attend. I apologize to the court for any 15 inconvenience this may have caused. 16 I declare under penalty and perjury that the foregoing is true and correct. 17 Dated: December 7, 2022 Law Offices of Gilbert D. Sigala 18 ___________________________ 19 Gilbert D Sigala 20 21 22 23 24 25 26 27 28 -2- Declaration of Gilbert D. Sigla EXHIBIT "1" I 1111 Law Offices of Gilbert D. Sigala . 1818 W. Beverly Blvd. Suite 206 Montebello, CA 90640 (323) 726-2150 Fax: (323) 726-9183 sigalawl@aol.com September 29, 2022 Sheriffs Department P.O. Box 80786 Bakersfield, CA 93380 ATTN: CIVIL PROCESS RE: SPARMACK v. FUERTE Case No.: BCV-22-1-1638 Dear Sir/Madam: PLEASE SERVE TIIE SUMMONS, COMPLAINT, STATEMENT OF LOCATION AND CIVIL CASE COVER SHEET ON THE FOLLOWING DEFENDANT AS SOON AS POSSIBLE: Jessica Fuerte 2196 Oak Street Rosamond, CA 93560 Enclosed please find a $40.00 check to cover your fee. Please forward the Proof of Service upon completion. If you have any questions please do not hesitate to contact this office. Thank you for your time and attention to this matter. EXHIBIT "2" POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Gilbert D. Sigala, Esq. (SBN: 109905) -The Law Office of Gilbert D. Sigala 1818 W. Beverly Blvd., #206 Montebello CA 90640 323-726-2} 50 TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): William Sparkman ATTORNEY FOR (NameJ: SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern STREET ADDRESS: 1215 Truxtun Ave MAILING ADDRESS: Bakersfield, 93301 CITY AND z1P cooe: BRANCH NAME: Metro Division Justice Building PLAINTIFF/PETITIONER: William Sparkman CASE NUMBER: BCV-22-101638 DEFENDANT/RESPONDENT: Jessica Fuerte, et al. Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS (Separate proof of service is required for each party served.) 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies of: a. [X] summons b. 00 complaint c. CJ Alternative Dispute Resolution (ADR) package d. 00 Civil Case Cover Sheet (served in complex cases only) e. CJ cross-complaint f. CJ other (specify documents): 3. a. Party served (specify name of party as shown on documents served): Jessica Fuerte b. D 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 on whom substituted service was made) (specify name and relationship to the party named in item 3a): 4. Address where the party was served: 2196 Oak Street. Rosamond, CA 93560 5. I served the party (check proper box) a. [X] by personal service. I 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): 11/11/2022 (2) at (time):1:45 pm b. C:=J by substituted service. On (date): at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) c=J (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. I informed him or her of the general nature of the papers. (2) (X] (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. I informed him or her of the general nature of the papers. (3) CJ (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4) CJ I 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.,§ 41 .20~. I mailed the documents on {5) C:J (date): from (city): or1 a declaration of mailing is attached. I attach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2 PLAINTIFF/PETITIONER: William Sparkman CASE NUMBER: BCV-22-101638 DEFENDANT/RESPONDENT: Jessica Fuerte, et al. s. c. D by mail and acknowledgment of receipt of service. I 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) D with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc.,§ 415.30.) (4)l::J to an address outside California with return receipt requested. (Code Civ. Proc.,§ 415.40.) d. [X] by other means (specify means of service and authorizing code section): In person service at Defendants home. D 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. D as the person sued under the fictitious name of (specify): c. D as occupant. d. CJ On behalf of (specify): under the following Code of Civil Procedure section: D 416.1 0 (corporation) D 415.95 (business organization, form unknown) D 416.20 (defunct corporation) D 416.60 (minor) D 416.30 (joint stock company/association) D 416. 70 (ward or conservatee) D 416.40 (association or partnership) D 416.90 (authorized person) D 416.50 (public entity) D 415.46 (occupant) D other: 7. Pers.on who served papers a. Name: Edwin Perez b. Address: 740 West 24th Street. San Pedro, CA 90731 c. Telephone number: 562-305-8886 d. The fee for service was: $110.00 e. lam: (1) (X] not a registered California process server. (2) D exempt from registration under Business and Professions Code section 22350(b ). (3) D a registered California process server: (i) D owner CJ employee c=J independent contractor. (ii) Registration No.: (iii)County: 8. 00 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. D I am a California sheriff or marshal and I certify that the foregoing is true and corr ct. Date: 11/11/2022 Edwin Perez (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) ►