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1 ROBERT FL PITTMAN, ¹172154
County Counsel
2 DIANA E. GOMEZ, ¹127417
IVAN R. JIMENEZ, ¹3 I 3644
3 Deputy County Counsel
575 Administration Drive, Rm. 105A
4 Santa Rosa, CA 95403
Telephone: (707) 565-2421
5 Fax: (707) 565-2624
Diana.Gomez2@sonoma-county.org
6
Attorneys for Plaintiff
7 COUNTY OF SONOMA
SUPERIOR COURT OF CALIFONRIA
COUNTY OF SONOMA
10
11
COUNTY OF SONOMA, Case No. SCV 272048
12
Plaintiff, DECLARATION OF IVAN JIMENEZ IN
13 SUPPORT OF PLAINTIFF COUNTY'S EX
V. PARTE APPLICATION FOR ORDER TO
14 EXTEND TIME TO FILE PROOF OF
WILLIAM J. AND JANET M. FREITAS; SERVICE OF SUMMONS OF
15 JASON PIERCE and DOES Ito 20, inclusive DEFENDANTS WILLIAM J. AND JANET
M. FREITAS AND JASON PIERCE; AND
16 Defendants. FOR ORDER FOR PUBLICATION OF
SUMMONS
17
18 Dept. 18
Time: 10:30 a.m.
19 Date: January 5, 2023
20
I,IVAN R. JIMENEZ, hereby declare:
21
Iam a member in good standing of the State Bar of California. I am a Deputy
22
County Counsel for the County of Sonoma and one of the attorneys representing Plaintiff County
23
of Sonoma (" County") in this matter.
24
2. Isubmit this Declaration in Support of the County of Sonoma's Ex Parte
25
Application for an Order to Extend Time to File Proof of Service of Summons on Defendants
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William J. and Janet M. Freitas (" Defendants Freitas") and Jason Pierce (" Defendant Pierce" )
27
and for an Order For Publication of Summons, filed herewith. Ihave personal knowledge of the
28
Declaration of Ivan Jimenez in Support of Ex Parte Application
I
1 matters set forth herein and, if called upon as a witness to testify to said matters would and could
2 testify competently thereto.
3 3. Defendants Freitas are the current owners of the real property located at 34970
4 Highway 128, Cloverdale, California, Assessor's Parcel No. I I 5-010-018 ("the Property" ).
5 4. The last known mailing address on file with the Sonoma County Tax Collector'
6 Office for Defendants Freitas is also the Property's address. This remains true as of today's date.
7 5. Defendant Pierce was a tenant on the Property and is the person responsible for
8 creating the violations of the Sonoma County Code on the Property. Based on information and
9 belief, the County believes that Defendant Pierce lived on the Property at least during the period
10 of March 2018 through the summer or fall of 2022.
11 6. Defendant Pierce informed the process server that he no longer lives on the
12 Property and currently resides in Florida. (See Declaration of Dennis Bartels filed herewith.)
13 The County does not know the exact location of Defendant Pierce and has no reasonable means
14 of identifying the city where he currently resides.
15 7. The County filed a Complaint To Abate Public Nuisance; To Abate Building, and
16 Zoning Code Violations; For Injunctive Relief; and For Money Judgment for Costs, Fees, and
17 Delinquent Civil Penalties on November 10, 2022, case number SCV272048.
18 8. In October 2022, Deputy County Counsel Diana Gomez exchanged several emails
19 with attorney James DeMartini to discuss this litigation and service of the summons and
20 complaint. Based on information and belief, Mr. DeMartini is the attorney for Defendants
21 Freitas. (See Exhibit I.)
22 9. On December 15, 2022, Ms. Gomez emailed Mr. DeMartini to inquire if he could
23 assist with service because the process server was unable to access the property due to a locked
24 gate at the entrance. Ms. Gomez provided notice that the County would resort to service by
25 publication if necessary. Mr. DeMartini indicated he would discuss with Defendants Freitas.
26 (See Exhibit 1.)
27 10. The process server Tristar Attorney Services has attempted to serve Defendants
28 Freitas since November 30, 2022, but has not been able to serve them because a locked gate
Declaration of Ivan Jimenez in Support of Ex Parte Application
2
1 prevents him fiom accessing the property and attempting personal service. The process server
2 also attempted to serve Defendant Pierce via notice and acknowledgement after discussing this
3 with Defendant Pierce via phone, but Defendant Pierce did not return a signed
4 acknowledgement. Defendants have not contacted the process server despite having his contact
5 information. (See Declaration of Dennis Bartels.)
6 I I. On January 3, 2023, I emailed Defendant Pierce notice of the date, time, and
7 location of this Ex Parte Application and specifying the relief the County was seeking, as
8 required by Rule 3.1204 of the California Rules of Court, (See Exhibit 2.)
9 12. On January 3, 20223, I emailed attorney James DeMartini notice of the date, time,
10 and location of this Ex Parte Application and specifying the relief the County was seeking, as
11 required by Rule 3.1204 of the California Rules of Court. Mr. DeMartini referred to Defendants
12 Freitas as his "clients" but indicated he would not accept notice of the ex parte. Mr. DeMartini
13 also refused to provide contact information for Defendants Freitas or for Defendant William
14 Freitas'aughter, and did not respond to my request to forward notice of the ex parte to
15 Defendants Freitas and to Defendant William Freitas'aughter. (See Exhibit 3.)
16 13. Neither Defendants Freitas nor Defendant Pierce provided notice of an intent to
17 oppose this Ex Parte Application.
18
19 Ideclare under penalty of perjuty under the laws of the State of California that the
20 foregoing is true and correct. Executed on January 5, 2023, at Santa Rosa, California.
21
22
I V@.IsLJIAPR EZ
23
24
25
26
27
28
Declaration of Ivan Jimenez in Support of Ex Parte Application
3
EXHIBIT 1
From: James DeMartini &jim@cloverdalelaw.corn&
Sent: Thursday, December 15, 2022 3:53 PM
TQ; Diana Gomez
Subject: RE: Freitas 34970 Hwy 128.
EXTERNAL
I'l see what I can do Diana.
Jim
From: Diana Gomez &Diana.Gomez2@sonoma-county.org&
Sent: Thursday, December 15, 2022 1:22 PM
To: James DeMartini &jimgcloverdalelaw.corn&
Cc: Cheryl Cornett &Cheryl.cornett@sonoma-county.org&
Subject: RE: Freitas 34970 Hwy 128.
Jim, we have hired a process server to serve both of the Freitas. However the gate is locked and he cannot access the
property.
Can you assist in service, if not we have no choice but to do service by publication.
Thank you,
Diana Gomez
Deputy County Counsel
ATTORNEY - CLIENT COMMUNICATON
Attorney Work Product
From: James DeMartini &iimfncloverdalelaw.corn&
Sent: Thursday, October 27, 2022 9:53 AM
To: Diana Gomez &Diana.Gomez24esonoma-county.ore&
Subject: RE: Freitas 34970 Hwy 128.
EXTERNAL
Diana,
I'm working on contacting Mr. Freitas'aughter Jenea. I don't remember
what is up with Janet.
Jim
From: Diana Gomez &Diana.Gomez2@sonoma-countv.ora&
Sent: Wednesday, October 26, 2022 2:30 PM
To: James DeMartinl &iim@cloverdalelaw,corn&
Subject: RE: Freitas 34970 Hwy 128.
Ok thank you. do you have a name for him. Also is Janet still living7
Iwould love to find a family member who can help him as the tenant will not, in my opinion.
Thank you,
Diana Gomez
From: James DeMartini &iim@cloverdalelaw.corn&
Sent: Wednesday, October 26, 2022 2:13 PM
To: Diana Gomez &Diana.Gomez2@sonoma-countv.ore&
Subject: RE: freitas 34970 Hwy 128.
EXTERNAL
Diana,
I don't have authority to accept service for Mr. Freitas. Butch is my age or a
little older. I'l continue to try to communicate with him. I'e called the number I
have for his daughter but haven't received any response.
Jim
From: Diana Gomez &Diana.Gomez2@sonoma-countv.orR&
Sent: Wednesday, October 26, 2022 1:56 PM
To: James DeMartini &iim@cloverdaleiaw.corn&
Cc: Cheryl Cornett &Chervl.cornett@sonoma-countv.ore&
Subject: Re: freitas 34970 Hwy 128.
Jim. The lessee of the one who caused all these violations and I'm doubtful he will do that. I'm Sorry to hear about Mr.
Freitas, how old is he7
Ithink we have no choice but to file a complaint to get this tal&en care of.
As it does not appear that you are the attorney of record, we will serve Mr. Freitas directly. Unless I am wrong in my
assumption. Please let me know if you are his attorney of record and if so if we should serve you with a notice and
acknowledgment on his behalf
Diana Gomez
Please excuse typos as I am using dictation mode
From: James DeMartini &limCacloverdalelaw.corn&
Sent: Wednesday, October 26, 2022 1:44:09 PM
To: Diana Gomez &Diana.Gomez2Psonoma-countv.ore&
Cc: Cheryl Cornett &Chervl.cornettSasonoma-countv.ore&
Subject: RE: freitas 34970 Hwy 128.
EXTERNAL
Diana.
I was able to make contact with the lessee of the property. I haven't been
able to contact Mr. Freitas and I am told, by sources I trust, that he is very sick and
rarely leaves his bed. The lessee agreed to make his best efforts to contact Mr.
Freitas or a member of his family and make sure that they have received your
communications. I will report to you as soon as I have infotTnation.
3'im
From: Diana Gomez &Diana.Gomez2@sonoma-county.ore&
Sent: Tuesday, October 25, 2022 3:18 PM
To: James DeMartini &lim@cloverdalelaw.corn&
Cc: Cheryl Cornett &Chervkcornett@sonoma-county.ore&
Subject: RE: freitas 34970 Hwy 128.
Jim, FYI,if we don't hear back we will be filing a complaint next week.
Thank you,
Diana Gomez
From: James DeMartini &lim@cloverdalelaw,corn&
Sent: Tuesday, October 25, 2022 2:19 PM
To: Diana Gomez &Diana.Gomez2@sonoma-county.ore&
Cc: Kori Fincher &koriracloverdalelaw.corn&
Subject: RE'. freitas 34970 Hwy 128.
EXTERNAL
Hi Diana,
I forwarded you letter. I will follow up to see what is up.
From: Diana Gomez &Diana.Gomez2@sonoma-county.ore&
Sent: Tuesday, October 25, 2022 12:18 PM
To: James DeMartini &limSScloverdalelaw.corn&
Cc: Cheryl Cornett &ChervkCornettPsonoma-county.ore&; Amber Kennedy &Amber.Kennedvt@sonoma-county.'ore&
Subject: freitas 34970 Hwy 128.
Good morning Jim, I sent you a letter last week regarding code violations on the Freitas property. Are
you still representing them?
If not we will send the letter directly to them.
Please let me 1&now as soon as possible as we need to move forward on this matter,
Thank you,
DiGwKv
DIANA E. GOMEZ
Deputy County Counsel
Sonoma County Counsel's Office
575 Administration Drive, Rm. 105A
Santa Rosa, CA 95403
(707) 565-2421
diana.aomez2 sonoma-countv.ora
=============================Confidentiality Statement=======================
The confidential information in this communication Is Intended for the use of the addressee only (or by others who have been
This communication may contain information that is subject to the attorney/client or other privileges, and
authorized to receive it).
exempt from disclosure under applicable law.If you are not the inlanded recipient, or if you are not the agent responsible for delivering
this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or reproduction of this
communication Is prohibited. If you have received this communication in error, please notify the sender Immediately by email, by
Thank you.
telephone at (707) 565-2421 or by facsimile at (707) 565-2624, and destroy all copies of this communication.
THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM.
Warning: If you don't know this email sender or the email is unexpected,
do not click any web linl&s, attachments, and never give out your user iD or password.
THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM.
Warning: If you don't 1&now this email sender or the email is unexpected,
do not click any web attachments, and
linl&s, never give out your user ID or password.
THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM.
Warning: If you don't know this email sender or the email is unexpected,
do not clicl& any web links, attachments, and never give out your user ID or password.
THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM.
Warning: If you don't know this email sender or the email is unexpected,
do not click any web links, attachments, and never give out your user ID or password.
THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM.
Warning: If you don't 1&now this email sender or the email is unexpected,
do not click any web links, attachments, and never give out your user IDor password.
EXHIBIT 2
From: Ivan Jimenez
Sent: Tuesday, January 3, 2023 5:19 PM
To: Jp.claimsOyahoo.corn
Subject: Notice of ex parte application - case SCV 272048
Mr. Pierce,
This pertains to the litigation County of Sonoma v, William J. and Janet M. Freitas; Jason Pierce, case no. SCV-272048. As
you are aware, the County filedlitigationagainst you and Mr. and Mrs. Freitas due to violations of the Sonoma County
Code on the property located at 34970 Highway 128, Cloverdale, California. On December 21, 2022, Mr. Dennis Bartels
(a registered process server) spoke with you regarding service of the summons and complaint via Notice and
Acknowledgment and although it appeared that you would accept service via this manner, you did not return a signed
copy of the Notice and Acl&nowledgment.
Pursuant to the California Rules of Court, Rule 3.1204, this email serves as notice that at 10:30am on January 5, 2023,
the County will file an ex parte application with Department 18 of the Sonoma County Superior Court requesting an
extension to the time to serve you with the Summons and Complaint and requesting authority to serve you via
publication in a newspaper of general circulation in Florida. If you Intend to file an opposition, please let me i&now so
that I may inform the Court.
Sincerely,
Ivan Jimenez
Deputy County Counsel
Sonoma County Counsel's Office
575 Administration Drive, 105A
Santa Rosa, CA 95403
Tel. 707.565.6118
Fax 707.565.2624
ivan.jimenez@sonoma-county.org
Confidentiality Notice: This communication, including its contents and all attachments, may contain confidential and/or
legally privileged information, Including but not limited to matter protected by the attornev-client orivileee, the attornev
work oroduct orivileee, the orivileees oertainine to deliberative orocesses bv eovernmental actors, the official
information orivileee, and/or the doctrine of client confidentialitv. It is solely for the use of the Intended recipient(s).
IJnauthorlzed interception, review, use, or disclosure is prohibited and may violate applicable laws including without
limitation the Electronic Communications Privacy Act, the California Evidence Code, and the Federal Rules of Evidence. If
you are not the intended recipient, please contact the sender and delete or destroy all copies of the communication.
EXHIBIT 3
From: James Delvlartini &jim@cloverdalelaw,corn&
Sent: Wednesday, January 4, 2023 10;26 AM
To: Ivan Jimenaz
Subject: RE: Notice of ex parte application - case SCV 272048
EXTERNAL
I'm sony Ivan. I'm not authorized to give you my clients'ontact information. I
will stay on the daughter to have them retain counsel. When they do so I will
consult with that attorney and tty to put you al in contact.
Jim
From: Ivan Jimenez &Ivan.Jimenezgsonoma-county.org&
Sent: Tuesday, January 03, 2023 5:32 PM
To: James DeMartini &jimgcloverdalelaw.corn&
Subject: RE: Notice of ex parte application - case SCV 272048
Mr. DeMartlnl,
Iunderstand you cannot accept service of the complaint, but can you provide Mr. and Mrs. Freitas'ontact information
or forward the notice re the ex parte application7
in addition, can you forward the notice to Mr. Freitas'aughter or provide either her contact information or that of the
counsel you referred her to7
Thank you,
Ivan Jimenez
From: James DeMartini &iimfacloverdalelaw.corn&
Sent: Tuesday, January 3, 2023 5:25 PM
To: Ivan Jimenez &Ivan.JimenezPsonoma-county.ora&
Subject: RE: Notice of ex parte application - case SCV 272048
EXTERNAL
Mr. Jimenez,
Thank you for your note. Regretfully I cannot accept service of the
complaint or your notice re an ex parte application. I have now been in
communication with Mr. Freitas'aughter and have referred her to counsel. If I
learn more, I will pass it on to you.
Jim
From: Ivan Jimenez &ivan.Jimenez4esonoma-county.ore&
Sent: Tuesday, January 03, 2023 5:19 PM
To: James DeMartini &iimCacloverdalelaw.corn&
Subject: Notice of ex parte application - case SCV 272048
Mr. DeMartini,
My colleague Diana Gomez has communicated with you in the past regarding the litigation filed by the County of
Sonoma against William J. and Janet M. Freitas. Ms. Gomez is currently out of the country, thus Iam assisting her with
this matter. It's my understanding that you cannot accept service of the Summons and Complaint on behalf of Mr. and
Mrs. Freitas. However, can you provide their contact information7 The County needs to file an ex parte application this
Thursday requesting an extension oftime to serve Mr. and Mrs. Freitasand authority to serve via publication, because
the deadline to serve the Summons and Complaint will expire on Monday and the process server's efforts to serve thqm
have been futile.
If youcannot share their contact information, please confirm that you have notified them of the following:
Mr. and Mrs. Freitas: pursuant to the California Rules of Court, Rule 3.1204, this email serves as notice that at
10:30am on January 5, 2023, the County will file an ex parte application with Department 18 of the Sonoma
County Superior Court requesting an extension to the time to serve the Summons and Complaint and requesting
authority to serve the Summons and Complaint via publication in a newspaper of general circulation. If an
opposition will be filed, please let me know so that I may inform the Court and also provide a phone number
where I can reach you so that we may meet and confer as required by the Local Rules of the Court.
Sincerely,
Ivan Jimenez
Deputy County Counsel
Sonoma County Counsel's Office
575 Administration Drive, 105A
Santa Rosa, CA 95403
Tel. 707.565.6118
Fax 707.565. 2624
Ivan.iimenez@sonoma-countv.ore
Confidentiality Notice: This communication, including its contents and all attachments, may contain confidential and/or
legally privileged information, including but not limited to matter protected by the attornev-client orivileee, the attornev
work oroduct orivileee, the orivileees oertalnine to deliberative orocesses bv eovernmental actors, the official
information orivlleee. and/or the doctrine of client confidentialitv, It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited and may violate applicable laws including without
limitation the Electronic Communications Privacy Act, the California Evidence Code, and the Federal Rules of Evidence. If
you are not the intended recipient, please contact the sender and delete or destroy all copies of the communication.
THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM.
Warning: If you don't know this email sender or the email is unexpected,
do not click any web attachments, and never give out your user ID or password.
linl&s,
THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM.
Warning: If you don't i&now this email sender or the email is unexpected,
do not clicl& any web attachments, and never give out your user ID or password.
linl&s,
Preview
1 ROBERT FL PITTMAN, ¹172154 County Counsel 2 DIANA E. GOMEZ, ¹127417 IVAN R. JIMENEZ, ¹3 I 3644 3 Deputy County Counsel 575 Administration Drive, Rm. 105A 4 Santa Rosa, CA 95403 Telephone: (707) 565-2421 5 Fax: (707) 565-2624 Diana.Gomez2@sonoma-county.org 6 Attorneys for Plaintiff 7 COUNTY OF SONOMA SUPERIOR COURT OF CALIFONRIA COUNTY OF SONOMA 10 11 COUNTY OF SONOMA, Case No. SCV 272048 12 Plaintiff, DECLARATION OF IVAN JIMENEZ IN 13 SUPPORT OF PLAINTIFF COUNTY'S EX V. PARTE APPLICATION FOR ORDER TO 14 EXTEND TIME TO FILE PROOF OF WILLIAM J. AND JANET M. FREITAS; SERVICE OF SUMMONS OF 15 JASON PIERCE and DOES Ito 20, inclusive DEFENDANTS WILLIAM J. AND JANET M. FREITAS AND JASON PIERCE; AND 16 Defendants. FOR ORDER FOR PUBLICATION OF SUMMONS 17 18 Dept. 18 Time: 10:30 a.m. 19 Date: January 5, 2023 20 I,IVAN R. JIMENEZ, hereby declare: 21 Iam a member in good standing of the State Bar of California. I am a Deputy 22 County Counsel for the County of Sonoma and one of the attorneys representing Plaintiff County 23 of Sonoma (" County") in this matter. 24 2. Isubmit this Declaration in Support of the County of Sonoma's Ex Parte 25 Application for an Order to Extend Time to File Proof of Service of Summons on Defendants 26 William J. and Janet M. Freitas (" Defendants Freitas") and Jason Pierce (" Defendant Pierce" ) 27 and for an Order For Publication of Summons, filed herewith. Ihave personal knowledge of the 28 Declaration of Ivan Jimenez in Support of Ex Parte Application I 1 matters set forth herein and, if called upon as a witness to testify to said matters would and could 2 testify competently thereto. 3 3. Defendants Freitas are the current owners of the real property located at 34970 4 Highway 128, Cloverdale, California, Assessor's Parcel No. I I 5-010-018 ("the Property" ). 5 4. The last known mailing address on file with the Sonoma County Tax Collector' 6 Office for Defendants Freitas is also the Property's address. This remains true as of today's date. 7 5. Defendant Pierce was a tenant on the Property and is the person responsible for 8 creating the violations of the Sonoma County Code on the Property. Based on information and 9 belief, the County believes that Defendant Pierce lived on the Property at least during the period 10 of March 2018 through the summer or fall of 2022. 11 6. Defendant Pierce informed the process server that he no longer lives on the 12 Property and currently resides in Florida. (See Declaration of Dennis Bartels filed herewith.) 13 The County does not know the exact location of Defendant Pierce and has no reasonable means 14 of identifying the city where he currently resides. 15 7. The County filed a Complaint To Abate Public Nuisance; To Abate Building, and 16 Zoning Code Violations; For Injunctive Relief; and For Money Judgment for Costs, Fees, and 17 Delinquent Civil Penalties on November 10, 2022, case number SCV272048. 18 8. In October 2022, Deputy County Counsel Diana Gomez exchanged several emails 19 with attorney James DeMartini to discuss this litigation and service of the summons and 20 complaint. Based on information and belief, Mr. DeMartini is the attorney for Defendants 21 Freitas. (See Exhibit I.) 22 9. On December 15, 2022, Ms. Gomez emailed Mr. DeMartini to inquire if he could 23 assist with service because the process server was unable to access the property due to a locked 24 gate at the entrance. Ms. Gomez provided notice that the County would resort to service by 25 publication if necessary. Mr. DeMartini indicated he would discuss with Defendants Freitas. 26 (See Exhibit 1.) 27 10. The process server Tristar Attorney Services has attempted to serve Defendants 28 Freitas since November 30, 2022, but has not been able to serve them because a locked gate Declaration of Ivan Jimenez in Support of Ex Parte Application 2 1 prevents him fiom accessing the property and attempting personal service. The process server 2 also attempted to serve Defendant Pierce via notice and acknowledgement after discussing this 3 with Defendant Pierce via phone, but Defendant Pierce did not return a signed 4 acknowledgement. Defendants have not contacted the process server despite having his contact 5 information. (See Declaration of Dennis Bartels.) 6 I I. On January 3, 2023, I emailed Defendant Pierce notice of the date, time, and 7 location of this Ex Parte Application and specifying the relief the County was seeking, as 8 required by Rule 3.1204 of the California Rules of Court, (See Exhibit 2.) 9 12. On January 3, 20223, I emailed attorney James DeMartini notice of the date, time, 10 and location of this Ex Parte Application and specifying the relief the County was seeking, as 11 required by Rule 3.1204 of the California Rules of Court. Mr. DeMartini referred to Defendants 12 Freitas as his "clients" but indicated he would not accept notice of the ex parte. Mr. DeMartini 13 also refused to provide contact information for Defendants Freitas or for Defendant William 14 Freitas'aughter, and did not respond to my request to forward notice of the ex parte to 15 Defendants Freitas and to Defendant William Freitas'aughter. (See Exhibit 3.) 16 13. Neither Defendants Freitas nor Defendant Pierce provided notice of an intent to 17 oppose this Ex Parte Application. 18 19 Ideclare under penalty of perjuty under the laws of the State of California that the 20 foregoing is true and correct. Executed on January 5, 2023, at Santa Rosa, California. 21 22 I V@.IsLJIAPR EZ 23 24 25 26 27 28 Declaration of Ivan Jimenez in Support of Ex Parte Application 3 EXHIBIT 1 From: James DeMartini &jim@cloverdalelaw.corn& Sent: Thursday, December 15, 2022 3:53 PM TQ; Diana Gomez Subject: RE: Freitas 34970 Hwy 128. EXTERNAL I'l see what I can do Diana. Jim From: Diana Gomez &Diana.Gomez2@sonoma-county.org& Sent: Thursday, December 15, 2022 1:22 PM To: James DeMartini &jimgcloverdalelaw.corn& Cc: Cheryl Cornett &Cheryl.cornett@sonoma-county.org& Subject: RE: Freitas 34970 Hwy 128. Jim, we have hired a process server to serve both of the Freitas. However the gate is locked and he cannot access the property. Can you assist in service, if not we have no choice but to do service by publication. Thank you, Diana Gomez Deputy County Counsel ATTORNEY - CLIENT COMMUNICATON Attorney Work Product From: James DeMartini &iimfncloverdalelaw.corn& Sent: Thursday, October 27, 2022 9:53 AM To: Diana Gomez &Diana.Gomez24esonoma-county.ore& Subject: RE: Freitas 34970 Hwy 128. EXTERNAL Diana, I'm working on contacting Mr. Freitas'aughter Jenea. I don't remember what is up with Janet. Jim From: Diana Gomez &Diana.Gomez2@sonoma-countv.ora& Sent: Wednesday, October 26, 2022 2:30 PM To: James DeMartinl &iim@cloverdalelaw,corn& Subject: RE: Freitas 34970 Hwy 128. Ok thank you. do you have a name for him. Also is Janet still living7 Iwould love to find a family member who can help him as the tenant will not, in my opinion. Thank you, Diana Gomez From: James DeMartini &iim@cloverdalelaw.corn& Sent: Wednesday, October 26, 2022 2:13 PM To: Diana Gomez &Diana.Gomez2@sonoma-countv.ore& Subject: RE: freitas 34970 Hwy 128. EXTERNAL Diana, I don't have authority to accept service for Mr. Freitas. Butch is my age or a little older. I'l continue to try to communicate with him. I'e called the number I have for his daughter but haven't received any response. Jim From: Diana Gomez &Diana.Gomez2@sonoma-countv.orR& Sent: Wednesday, October 26, 2022 1:56 PM To: James DeMartini &iim@cloverdaleiaw.corn& Cc: Cheryl Cornett &Chervl.cornett@sonoma-countv.ore& Subject: Re: freitas 34970 Hwy 128. Jim. The lessee of the one who caused all these violations and I'm doubtful he will do that. I'm Sorry to hear about Mr. Freitas, how old is he7 Ithink we have no choice but to file a complaint to get this tal&en care of. As it does not appear that you are the attorney of record, we will serve Mr. Freitas directly. Unless I am wrong in my assumption. Please let me know if you are his attorney of record and if so if we should serve you with a notice and acknowledgment on his behalf Diana Gomez Please excuse typos as I am using dictation mode From: James DeMartini &limCacloverdalelaw.corn& Sent: Wednesday, October 26, 2022 1:44:09 PM To: Diana Gomez &Diana.Gomez2Psonoma-countv.ore& Cc: Cheryl Cornett &Chervl.cornettSasonoma-countv.ore& Subject: RE: freitas 34970 Hwy 128. EXTERNAL Diana. I was able to make contact with the lessee of the property. I haven't been able to contact Mr. Freitas and I am told, by sources I trust, that he is very sick and rarely leaves his bed. The lessee agreed to make his best efforts to contact Mr. Freitas or a member of his family and make sure that they have received your communications. I will report to you as soon as I have infotTnation. 3'im From: Diana Gomez &Diana.Gomez2@sonoma-county.ore& Sent: Tuesday, October 25, 2022 3:18 PM To: James DeMartini &lim@cloverdalelaw.corn& Cc: Cheryl Cornett &Chervkcornett@sonoma-county.ore& Subject: RE: freitas 34970 Hwy 128. Jim, FYI,if we don't hear back we will be filing a complaint next week. Thank you, Diana Gomez From: James DeMartini &lim@cloverdalelaw,corn& Sent: Tuesday, October 25, 2022 2:19 PM To: Diana Gomez &Diana.Gomez2@sonoma-county.ore& Cc: Kori Fincher &koriracloverdalelaw.corn& Subject: RE'. freitas 34970 Hwy 128. EXTERNAL Hi Diana, I forwarded you letter. I will follow up to see what is up. From: Diana Gomez &Diana.Gomez2@sonoma-county.ore& Sent: Tuesday, October 25, 2022 12:18 PM To: James DeMartini &limSScloverdalelaw.corn& Cc: Cheryl Cornett &ChervkCornettPsonoma-county.ore&; Amber Kennedy &Amber.Kennedvt@sonoma-county.'ore& Subject: freitas 34970 Hwy 128. Good morning Jim, I sent you a letter last week regarding code violations on the Freitas property. Are you still representing them? If not we will send the letter directly to them. Please let me 1&now as soon as possible as we need to move forward on this matter, Thank you, DiGwKv DIANA E. GOMEZ Deputy County Counsel Sonoma County Counsel's Office 575 Administration Drive, Rm. 105A Santa Rosa, CA 95403 (707) 565-2421 diana.aomez2 sonoma-countv.ora =============================Confidentiality Statement======================= The confidential information in this communication Is Intended for the use of the addressee only (or by others who have been This communication may contain information that is subject to the attorney/client or other privileges, and authorized to receive it). exempt from disclosure under applicable law.If you are not the inlanded recipient, or if you are not the agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or reproduction of this communication Is prohibited. If you have received this communication in error, please notify the sender Immediately by email, by Thank you. telephone at (707) 565-2421 or by facsimile at (707) 565-2624, and destroy all copies of this communication. THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM. Warning: If you don't know this email sender or the email is unexpected, do not click any web linl&s, attachments, and never give out your user iD or password. THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM. Warning: If you don't 1&now this email sender or the email is unexpected, do not click any web attachments, and linl&s, never give out your user ID or password. THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM. Warning: If you don't know this email sender or the email is unexpected, do not clicl& any web links, attachments, and never give out your user ID or password. THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM. Warning: If you don't know this email sender or the email is unexpected, do not click any web links, attachments, and never give out your user ID or password. THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM. Warning: If you don't 1&now this email sender or the email is unexpected, do not click any web links, attachments, and never give out your user IDor password. EXHIBIT 2 From: Ivan Jimenez Sent: Tuesday, January 3, 2023 5:19 PM To: Jp.claimsOyahoo.corn Subject: Notice of ex parte application - case SCV 272048 Mr. Pierce, This pertains to the litigation County of Sonoma v, William J. and Janet M. Freitas; Jason Pierce, case no. SCV-272048. As you are aware, the County filedlitigationagainst you and Mr. and Mrs. Freitas due to violations of the Sonoma County Code on the property located at 34970 Highway 128, Cloverdale, California. On December 21, 2022, Mr. Dennis Bartels (a registered process server) spoke with you regarding service of the summons and complaint via Notice and Acknowledgment and although it appeared that you would accept service via this manner, you did not return a signed copy of the Notice and Acl&nowledgment. Pursuant to the California Rules of Court, Rule 3.1204, this email serves as notice that at 10:30am on January 5, 2023, the County will file an ex parte application with Department 18 of the Sonoma County Superior Court requesting an extension to the time to serve you with the Summons and Complaint and requesting authority to serve you via publication in a newspaper of general circulation in Florida. If you Intend to file an opposition, please let me i&now so that I may inform the Court. Sincerely, Ivan Jimenez Deputy County Counsel Sonoma County Counsel's Office 575 Administration Drive, 105A Santa Rosa, CA 95403 Tel. 707.565.6118 Fax 707.565.2624 ivan.jimenez@sonoma-county.org Confidentiality Notice: This communication, including its contents and all attachments, may contain confidential and/or legally privileged information, Including but not limited to matter protected by the attornev-client orivileee, the attornev work oroduct orivileee, the orivileees oertainine to deliberative orocesses bv eovernmental actors, the official information orivileee, and/or the doctrine of client confidentialitv. It is solely for the use of the Intended recipient(s). IJnauthorlzed interception, review, use, or disclosure is prohibited and may violate applicable laws including without limitation the Electronic Communications Privacy Act, the California Evidence Code, and the Federal Rules of Evidence. If you are not the intended recipient, please contact the sender and delete or destroy all copies of the communication. EXHIBIT 3 From: James Delvlartini &jim@cloverdalelaw,corn& Sent: Wednesday, January 4, 2023 10;26 AM To: Ivan Jimenaz Subject: RE: Notice of ex parte application - case SCV 272048 EXTERNAL I'm sony Ivan. I'm not authorized to give you my clients'ontact information. I will stay on the daughter to have them retain counsel. When they do so I will consult with that attorney and tty to put you al in contact. Jim From: Ivan Jimenez &Ivan.Jimenezgsonoma-county.org& Sent: Tuesday, January 03, 2023 5:32 PM To: James DeMartini &jimgcloverdalelaw.corn& Subject: RE: Notice of ex parte application - case SCV 272048 Mr. DeMartlnl, Iunderstand you cannot accept service of the complaint, but can you provide Mr. and Mrs. Freitas'ontact information or forward the notice re the ex parte application7 in addition, can you forward the notice to Mr. Freitas'aughter or provide either her contact information or that of the counsel you referred her to7 Thank you, Ivan Jimenez From: James DeMartini &iimfacloverdalelaw.corn& Sent: Tuesday, January 3, 2023 5:25 PM To: Ivan Jimenez &Ivan.JimenezPsonoma-county.ora& Subject: RE: Notice of ex parte application - case SCV 272048 EXTERNAL Mr. Jimenez, Thank you for your note. Regretfully I cannot accept service of the complaint or your notice re an ex parte application. I have now been in communication with Mr. Freitas'aughter and have referred her to counsel. If I learn more, I will pass it on to you. Jim From: Ivan Jimenez &ivan.Jimenez4esonoma-county.ore& Sent: Tuesday, January 03, 2023 5:19 PM To: James DeMartini &iimCacloverdalelaw.corn& Subject: Notice of ex parte application - case SCV 272048 Mr. DeMartini, My colleague Diana Gomez has communicated with you in the past regarding the litigation filed by the County of Sonoma against William J. and Janet M. Freitas. Ms. Gomez is currently out of the country, thus Iam assisting her with this matter. It's my understanding that you cannot accept service of the Summons and Complaint on behalf of Mr. and Mrs. Freitas. However, can you provide their contact information7 The County needs to file an ex parte application this Thursday requesting an extension oftime to serve Mr. and Mrs. Freitasand authority to serve via publication, because the deadline to serve the Summons and Complaint will expire on Monday and the process server's efforts to serve thqm have been futile. If youcannot share their contact information, please confirm that you have notified them of the following: Mr. and Mrs. Freitas: pursuant to the California Rules of Court, Rule 3.1204, this email serves as notice that at 10:30am on January 5, 2023, the County will file an ex parte application with Department 18 of the Sonoma County Superior Court requesting an extension to the time to serve the Summons and Complaint and requesting authority to serve the Summons and Complaint via publication in a newspaper of general circulation. If an opposition will be filed, please let me know so that I may inform the Court and also provide a phone number where I can reach you so that we may meet and confer as required by the Local Rules of the Court. Sincerely, Ivan Jimenez Deputy County Counsel Sonoma County Counsel's Office 575 Administration Drive, 105A Santa Rosa, CA 95403 Tel. 707.565.6118 Fax 707.565. 2624 Ivan.iimenez@sonoma-countv.ore Confidentiality Notice: This communication, including its contents and all attachments, may contain confidential and/or legally privileged information, including but not limited to matter protected by the attornev-client orivileee, the attornev work oroduct orivileee, the orivileees oertalnine to deliberative orocesses bv eovernmental actors, the official information orivlleee. and/or the doctrine of client confidentialitv, It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure is prohibited and may violate applicable laws including without limitation the Electronic Communications Privacy Act, the California Evidence Code, and the Federal Rules of Evidence. If you are not the intended recipient, please contact the sender and delete or destroy all copies of the communication. THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM. Warning: If you don't know this email sender or the email is unexpected, do not click any web attachments, and never give out your user ID or password. linl&s, THIS EMAIL ORIGINATED OUTSIDE OF THE SONOMA COUNTY EMAIL SYSTEM. Warning: If you don't i&now this email sender or the email is unexpected, do not clicl& any web attachments, and never give out your user ID or password. linl&s,