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1 Jeffrey H. Lowenthal (State Bar No. 111763)
Edward Egan Smith (State Bar No. 169792)
2 Matthew W. Delbridge (State Bar No. 343636)
STEYER LOWENTHAL BOODROOKAS
3 ALVAREZ & SMITH LLP
235 Pine Street, 15th Floor
4 San Francisco, California 94104
Telephone: (415) 421-3400
5 Facsimile: (415) 421-2234
E-mail: jlowenthal@steyerlaw.com
6 esmith@steyerlaw.com
mdelbridge@steyerlaw.com
7
Attorneys for Defendant and Cross-Complainant
8 United States Real Estate Corporation
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF SANTA CRUZ
11
12
JASON NEEL, Case No. 22CV01758
13
Plaintiff, DECLARATION OF MATTHEW
14 v. DELBRIDGE IN SUPPORT OF UNITED
STATES REAL ESTATE CORPORATION’S
15 SUPERIOR LOAN SERVICING, ASSET OPPOSITION TO CODY MOLICA’S
DEFAULT MANAGEMENT, INC., MOTION TO QUASH SERVICE OF
16 UNITED STATES REAL ESTATE SUMMONS
CORPORATION; CNA EQUITIES
17 GROUP, LLC; RUSHMYFILE, Date: 05/25/23
BUSINESS ENTITY FORM UNKNOWN, Time: 8:30 a.m.
18 and VIGIL REAL ESTATE, BUSINESS Dept: 5
ENTITY FORM UNKNOWN; and DOES Judge: Hon. Timothy Volkmann
19 1 through 100, inclusive,
Action Filed: August 10, 2021 [Alameda Superior]
20 Defendants. Trial Date: Not Assigned
21
UNITED STATES REAL ESTATE
22 CORPORATION,
23 Cross-Complainant,
v.
24
JASON NEEL, CNA EQUITY GROUP,
25 INC., a professional corporation,
RUSHMYFILE, INC., a California
26 corporation, CODY MOLICA; and ROES
1 through 100, inclusive,
27
Defendants.
28
DECLARATION OF MATTHEW DELBRIDGE IN SUPPORT OF UNITED STATES REAL ESTATE
1
CORPORATION’S OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS
2019550.1 - NATC.JNEEL
1 I, Matthew Delbridge, declare as follows:
2 1. I am an attorney duly admitted to practice before the courts of this state and an
3 associate at the law firm of Steyer Lowenthal Boodrookas Alvarez & Smith LLP, attorneys for
4 cross-complainant United States Real Estate Corporation (“USREC”) in the above-entitled action.
5 I make this declaration in support of USREC’s opposition to cross-defendant Cody Molica’s
6 (“Molica”) motion to quash service of summons of USREC’s cross-complaint (“Motion to
7 Quash”).
8 2. I know all of the facts set forth herein of my own personal knowledge unless stated
9 otherwise, and if called as a witness I could and would competently testify thereto.
10 3. As one of the attorneys primarily responsible for this matter, I am familiar with the
11 pleadings, discovery and correspondence as well as other documents in this action which pertain
12 to the claims alleged in USREC’s cross-complaint and USREC’s attempts to serve Molica.
13 4. On or about October 10, 2022, USREC hired One Hour Legal to serve Molica with
14 a Deposition Subpoena for Production of Business Records in this action at 4360 Stony Point Rd,
15 Santa Rosa, CA 95407 (the “Property”).
16 5. On or about December 13, 2022, USREC filed a cross-complaint in this action,
17 naming Molica, among other parties, as cross-complainant. USREC hired One Hour Legal to
18 effectuate service on Molica at the Property.
19 6. On May 2, 2023, I ran a search for Molica on the Thomas Reuters Westlaw Public
20 Records database using his name, date of birth, and the Property’s address.
21 7. My search yielded a People Finder – Historic Tracker Record (“Historic Tracker
22 Record”) current through March 31, 2023. The Historic Tracker Record lists Molica’s current
23 address as 4360 Stony Point Rd, Santa Rosa, CA 95407. A true and correct copy of the Historic
24 Tracker Record is attached hereto as Exhibit 1.
25 8. My search also yielded a Bank Account Header Record for Molica (“Bank
26 Account Header Record”) current through April 10, 2023. The Bank Account Header Record lists
27 Molica’s current address as 4360 Stony Point Rd, Santa Rosa, CA 95407, last reported on
28 November 20, 2022. A true and correct copy of the Bank Account Header Record is attached
2
DECLARATION OF MATTHEW DELBRIDGE IN SUPPORT OF UNITED STATES REAL ESTATE
2
CORPORATION’S OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS
2019550.1 - NATC.JNEEL
1 hereto as Exhibit 2.
2 9. On May 4, 2023, I ran a search on Google Maps for 1029 North Road, #175,
3 Westfield, MA 01085, the address Molica lists for himself on his Motion to Quash. 1029 North
4 Road, Westfield, MA 01085 is the address for “The Package Store,” a commercial packing and
5 shipping store. A true and correct copy of a Google Maps printout of the location is attached
6 hereto as Exhibit 3.
7 10. On May, 4, 2023, I visited The Package Store’s website,
8 https://www.thepackagestore.net. On its website, The Package Store lists private mailbox rentals
9 among its services, including digital mailbox services iPostal1, Anytime Mailbox, and Post Scan
10 Mail that allow customers to receive their mail via digital scans without having to physically visit
11 the store or even live in the same area. A true and correct copy of The Package Store’s “Store
12 Services” page, https://www.thepackagestore.net/Store-Services, as it appeared on May 4, 2023 is
13 attached hereto as Exhibit 4.
14 11. Attached hereto as Exhibit 5 is a true and correct copy of Molica’s driver’s license
15 that lists 4360 Stony Point Rd, Santa Rosa, CA 94507 as his address. The license does not expire
16 until July 22, 2024.
17 I declare under penalty of perjury under the laws of the State of California that the
18 foregoing is true and correct. Executed this 11th day of May 2023 at San Francisco, California.
19
20
21
22 ____________________________________
Matthew Delbridge
23
24
25
26
27
28
3
DECLARATION OF MATTHEW DELBRIDGE IN SUPPORT OF UNITED STATES REAL ESTATE
3
CORPORATION’S OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS
2019550.1 - NATC.JNEEL
EXHIBIT 1
4
People Finder Historical: CODY S MOLICA
People Finder - Historic Tracker Record
Source Information Last Known Address Information
Information Current 03/31/2023 Current Address: 4360 STONY POINT RD
Through: SANTA ROSA, CA
Database Last Updated: 04/04/2023 95407-8352
Update Frequency: MONTHLY Address First 11/25/2014
Current Date: 05/02/2023 Reported:
Source: TRANS UNION
Individual Information
Name: MOLICA, CODY S
On File Since: 11/25/2014
Thomson Reuters Legal is not a consumer reporting agency and none of its services or the data contained therein
constitute a 'consumer report' as such term is defined in the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sec.
1681 et seq. The data provided to you may not be used as a factor in consumer debt collection decisioning, establishing
a consumer's eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose
authorized under the FCRA. By accessing one of our services, you agree not to use the service or data for any purpose
authorized under the FCRA or in relation to taking an adverse action relating to a consumer application.
End of Document © 2023 Thomson Reuters. No claim to original U.S. Government Works.
5
© 2023 Thomson Reuters. No claim to original U.S. Government Works. 1
EXHIBIT 2
6
Bank Account Header Record: MOLICA, CODY S
Bank Account Header Record
Source Information:
Information Current Through: 04/10/2023
Database Last Updated: 04/13/2023
Update Frequency: MONTHLY
Current Date: 05/02/2023
Source: BANK ACCOUNT HEADER RECORDS
Record Last Updated: 03/14/2023
Individual Information:
Name: MOLICA, CODY S
Last Reported: 03/14/2023
Social Security/Individual Taxpayer Identification Number:
Most Recent SSN/ITIN: 607-32-XXXX
Last Reported: 03/14/2023
Date of Birth Information:
Date of Birth: 07/XX/1986
Last Reported: 03/14/2023
Driver's License Information:
Driver's License: D5896XXX
Issue State: CA
Last Reported: 05/02/2019
Address Information:
Current Address: 4360 STONY POINT RD
SANTA ROSA, CA 95407-8352
Last Reported: 11/20/2022
Previous Address: 4926 HARVILLE RD
SANTA ROSA, CA 95409-2516
Last Reported: 08/10/2017
Phone Numbers:
Current Phone Number: 707-791-9101
Last Reported: 03/22/2019
Previous Phone Number: 415-754-9211
Last Reported: 09/01/2010
Thomson Reuters Legal is not a consumer reporting agency and none of its services or the data contained therein
constitute a 'consumer report' as such term is defined in the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sec.
1681 et seq. The data provided to you may not be used as a factor in consumer debt collection decisioning, establishing
7
© 2023 Thomson Reuters. No claim to original U.S. Government Works. 1
Bank Account Header Record: MOLICA, CODY S
a consumer's eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose
authorized under the FCRA. By accessing one of our services, you agree not to use the service or data for any purpose
authorized under the FCRA or in relation to taking an adverse action relating to a consumer application.
End of Document © 2023 Thomson Reuters. No claim to original U.S. Government Works.
8
© 2023 Thomson Reuters. No claim to original U.S. Government Works. 2
EXHIBIT 3
9
10
11
EXHIBIT 4
12
13
EXHIBIT 5
14
15
Preview
1 Jeffrey H. Lowenthal (State Bar No. 111763) Edward Egan Smith (State Bar No. 169792) 2 Matthew W. Delbridge (State Bar No. 343636) STEYER LOWENTHAL BOODROOKAS 3 ALVAREZ & SMITH LLP 235 Pine Street, 15th Floor 4 San Francisco, California 94104 Telephone: (415) 421-3400 5 Facsimile: (415) 421-2234 E-mail: jlowenthal@steyerlaw.com 6 esmith@steyerlaw.com mdelbridge@steyerlaw.com 7 Attorneys for Defendant and Cross-Complainant 8 United States Real Estate Corporation 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SANTA CRUZ 11 12 JASON NEEL, Case No. 22CV01758 13 Plaintiff, DECLARATION OF MATTHEW 14 v. DELBRIDGE IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S 15 SUPERIOR LOAN SERVICING, ASSET OPPOSITION TO CODY MOLICA’S DEFAULT MANAGEMENT, INC., MOTION TO QUASH SERVICE OF 16 UNITED STATES REAL ESTATE SUMMONS CORPORATION; CNA EQUITIES 17 GROUP, LLC; RUSHMYFILE, Date: 05/25/23 BUSINESS ENTITY FORM UNKNOWN, Time: 8:30 a.m. 18 and VIGIL REAL ESTATE, BUSINESS Dept: 5 ENTITY FORM UNKNOWN; and DOES Judge: Hon. Timothy Volkmann 19 1 through 100, inclusive, Action Filed: August 10, 2021 [Alameda Superior] 20 Defendants. Trial Date: Not Assigned 21 UNITED STATES REAL ESTATE 22 CORPORATION, 23 Cross-Complainant, v. 24 JASON NEEL, CNA EQUITY GROUP, 25 INC., a professional corporation, RUSHMYFILE, INC., a California 26 corporation, CODY MOLICA; and ROES 1 through 100, inclusive, 27 Defendants. 28 DECLARATION OF MATTHEW DELBRIDGE IN SUPPORT OF UNITED STATES REAL ESTATE 1 CORPORATION’S OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS 2019550.1 - NATC.JNEEL 1 I, Matthew Delbridge, declare as follows: 2 1. I am an attorney duly admitted to practice before the courts of this state and an 3 associate at the law firm of Steyer Lowenthal Boodrookas Alvarez & Smith LLP, attorneys for 4 cross-complainant United States Real Estate Corporation (“USREC”) in the above-entitled action. 5 I make this declaration in support of USREC’s opposition to cross-defendant Cody Molica’s 6 (“Molica”) motion to quash service of summons of USREC’s cross-complaint (“Motion to 7 Quash”). 8 2. I know all of the facts set forth herein of my own personal knowledge unless stated 9 otherwise, and if called as a witness I could and would competently testify thereto. 10 3. As one of the attorneys primarily responsible for this matter, I am familiar with the 11 pleadings, discovery and correspondence as well as other documents in this action which pertain 12 to the claims alleged in USREC’s cross-complaint and USREC’s attempts to serve Molica. 13 4. On or about October 10, 2022, USREC hired One Hour Legal to serve Molica with 14 a Deposition Subpoena for Production of Business Records in this action at 4360 Stony Point Rd, 15 Santa Rosa, CA 95407 (the “Property”). 16 5. On or about December 13, 2022, USREC filed a cross-complaint in this action, 17 naming Molica, among other parties, as cross-complainant. USREC hired One Hour Legal to 18 effectuate service on Molica at the Property. 19 6. On May 2, 2023, I ran a search for Molica on the Thomas Reuters Westlaw Public 20 Records database using his name, date of birth, and the Property’s address. 21 7. My search yielded a People Finder – Historic Tracker Record (“Historic Tracker 22 Record”) current through March 31, 2023. The Historic Tracker Record lists Molica’s current 23 address as 4360 Stony Point Rd, Santa Rosa, CA 95407. A true and correct copy of the Historic 24 Tracker Record is attached hereto as Exhibit 1. 25 8. My search also yielded a Bank Account Header Record for Molica (“Bank 26 Account Header Record”) current through April 10, 2023. The Bank Account Header Record lists 27 Molica’s current address as 4360 Stony Point Rd, Santa Rosa, CA 95407, last reported on 28 November 20, 2022. A true and correct copy of the Bank Account Header Record is attached 2 DECLARATION OF MATTHEW DELBRIDGE IN SUPPORT OF UNITED STATES REAL ESTATE 2 CORPORATION’S OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS 2019550.1 - NATC.JNEEL 1 hereto as Exhibit 2. 2 9. On May 4, 2023, I ran a search on Google Maps for 1029 North Road, #175, 3 Westfield, MA 01085, the address Molica lists for himself on his Motion to Quash. 1029 North 4 Road, Westfield, MA 01085 is the address for “The Package Store,” a commercial packing and 5 shipping store. A true and correct copy of a Google Maps printout of the location is attached 6 hereto as Exhibit 3. 7 10. On May, 4, 2023, I visited The Package Store’s website, 8 https://www.thepackagestore.net. On its website, The Package Store lists private mailbox rentals 9 among its services, including digital mailbox services iPostal1, Anytime Mailbox, and Post Scan 10 Mail that allow customers to receive their mail via digital scans without having to physically visit 11 the store or even live in the same area. A true and correct copy of The Package Store’s “Store 12 Services” page, https://www.thepackagestore.net/Store-Services, as it appeared on May 4, 2023 is 13 attached hereto as Exhibit 4. 14 11. Attached hereto as Exhibit 5 is a true and correct copy of Molica’s driver’s license 15 that lists 4360 Stony Point Rd, Santa Rosa, CA 94507 as his address. The license does not expire 16 until July 22, 2024. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. Executed this 11th day of May 2023 at San Francisco, California. 19 20 21 22 ____________________________________ Matthew Delbridge 23 24 25 26 27 28 3 DECLARATION OF MATTHEW DELBRIDGE IN SUPPORT OF UNITED STATES REAL ESTATE 3 CORPORATION’S OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS 2019550.1 - NATC.JNEEL EXHIBIT 1 4 People Finder Historical: CODY S MOLICA People Finder - Historic Tracker Record Source Information Last Known Address Information Information Current 03/31/2023 Current Address: 4360 STONY POINT RD Through: SANTA ROSA, CA Database Last Updated: 04/04/2023 95407-8352 Update Frequency: MONTHLY Address First 11/25/2014 Current Date: 05/02/2023 Reported: Source: TRANS UNION Individual Information Name: MOLICA, CODY S On File Since: 11/25/2014 Thomson Reuters Legal is not a consumer reporting agency and none of its services or the data contained therein constitute a 'consumer report' as such term is defined in the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sec. 1681 et seq. The data provided to you may not be used as a factor in consumer debt collection decisioning, establishing a consumer's eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose authorized under the FCRA. By accessing one of our services, you agree not to use the service or data for any purpose authorized under the FCRA or in relation to taking an adverse action relating to a consumer application. End of Document © 2023 Thomson Reuters. No claim to original U.S. Government Works. 5 © 2023 Thomson Reuters. No claim to original U.S. Government Works. 1 EXHIBIT 2 6 Bank Account Header Record: MOLICA, CODY S Bank Account Header Record Source Information: Information Current Through: 04/10/2023 Database Last Updated: 04/13/2023 Update Frequency: MONTHLY Current Date: 05/02/2023 Source: BANK ACCOUNT HEADER RECORDS Record Last Updated: 03/14/2023 Individual Information: Name: MOLICA, CODY S Last Reported: 03/14/2023 Social Security/Individual Taxpayer Identification Number: Most Recent SSN/ITIN: 607-32-XXXX Last Reported: 03/14/2023 Date of Birth Information: Date of Birth: 07/XX/1986 Last Reported: 03/14/2023 Driver's License Information: Driver's License: D5896XXX Issue State: CA Last Reported: 05/02/2019 Address Information: Current Address: 4360 STONY POINT RD SANTA ROSA, CA 95407-8352 Last Reported: 11/20/2022 Previous Address: 4926 HARVILLE RD SANTA ROSA, CA 95409-2516 Last Reported: 08/10/2017 Phone Numbers: Current Phone Number: 707-791-9101 Last Reported: 03/22/2019 Previous Phone Number: 415-754-9211 Last Reported: 09/01/2010 Thomson Reuters Legal is not a consumer reporting agency and none of its services or the data contained therein constitute a 'consumer report' as such term is defined in the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sec. 1681 et seq. The data provided to you may not be used as a factor in consumer debt collection decisioning, establishing 7 © 2023 Thomson Reuters. No claim to original U.S. Government Works. 1 Bank Account Header Record: MOLICA, CODY S a consumer's eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose authorized under the FCRA. By accessing one of our services, you agree not to use the service or data for any purpose authorized under the FCRA or in relation to taking an adverse action relating to a consumer application. End of Document © 2023 Thomson Reuters. No claim to original U.S. Government Works. 8 © 2023 Thomson Reuters. No claim to original U.S. Government Works. 2 EXHIBIT 3 9 10 11 EXHIBIT 4 12 13 EXHIBIT 5 14 15