Motion to Quash in Jason Neel vs Asset Default Management, Inc, et al| Trellis.Law

On August 10, 2021 a Motion,Ex Parte was filed involving a dispute between Neel, Jason, Rushmyfile, Inc., United States Real Estate Corporation, and Cna Equities Group, Llc, Rushmyfile, Schwartz, Donald Esq, United States Real Estate Corporation, for (26) Unlimited Other Real Property in the District Court of Santa Cruz County.

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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

10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
FOR THE COUNTY OF SANTA CRUZ
12

13
JASON NEEL, Case No. 22CV01758
14
Plaintiff, DECLARATION OF ERIC WALTON IN
15 v. SUPPORT OF UNITED STATES REAL
ESTATE CORPORATION’S OPPOSITION TO
16 SUPERIOR LOAN SERVICING, ASSET CODY MOLICA’S MOTION TO QUASH
DEFAULT MANAGEMENT, INC., SERVICE OF SUMMONS
17 UNITED STATES REAL ESTATE
CORPORATION; CNA EQUITIES Date: 05/25/23
18 GROUP, LLC; RUSHMYFILE, Time: 8:30 a.m.
BUSINESS ENTITY FORM UNKNOWN, Dept: 5
19 and VIGIL REAL ESTATE, BUSINESS Judge: Hon. Timothy Volkmann
ENTITY FORM UNKNOWN; and DOES
20 1 through 100, inclusive, Action Filed: August 10, 2021 [Alameda Superior]
Trial Date: Not Assigned
21 Defendants.

22
UNITED STATES REAL ESTATE
23 CORPORATION,

24 Cross-Complainant,
v.
25
JASON NEEL, CNA EQUITY GROUP,
26 INC., a professional corporation,
RUSHMYFILE, INC., a California
27 corporation, CODY MOLICA; and ROES
1 through 100, inclusive,
28

DECLARATION OF ERIC WALTON IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S
OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS 1
1971414.1 - NATC.JNEEL
1 Defendants.
2
I, Eric Walton, declare as follows:
3
1. I am over 18 years of age and am not a party to this action. I make this declaration
4
in support of cross-complainant United States Real Estate Corporation’s (USREC) Opposition to
5
cross-defendant Cody Molica’s (“Molica”) motion to quash service of summons of USREC’s
6
cross-complaint.
7
2. I know all of the facts set forth herein of my own personal knowledge unless stated
8
otherwise, and if called as a witness I could and would competently testify thereto.
9
3. I am an employee of One Hour Legal, a registered California process server.
10
4. In October 2022, I was tasked with serving a Deposition Subpoena for Production
11
of Business Records from USREC to Molica (“Subpoena”) at 4360 Stony Point Rd, Santa Rosa,
12
CA 95407 (the “Property”).
13
5. On October 11, 2022, I went to the Property to attempt to serve Molica with the
14
Subpoena. A white female, aged approximately 60 years old (“Jane Doe”), answered the front
15
door of the Property and told me that Molica was not in at that time. Jane Doe would not give me
16
any additional information as to when Molica might be back at the Property.
17
6. On October 12, 2022, I again went to the Property to serve the Subpoena. Jane
18
Doe answered the front door and told me that Molica was not there at that time.
19
7. On October 15, 2022, I went to the Property for a third time to serve the Subpoena.
20
Jane Doe again answered the front door and stated that Molica was not there. I announced that I
21
needed to leave the Subpoena at the Property. Jane Doe abruptly began to close the front door. I
22
announced service and dropped the Subpoena on the porch of the Property.
23
8. A true and correct copy of my signed and sworn Proof of Service of the Subpoena
24
that was filed with this Court is attached hereto as Exhibit 1.
25
9. In December 2022, I was tasked with serving Molica the summons, cross-
26
complaint, and related papers for USREC’s cross-complaint in this action (“Summons”).
27
10. On December 17, 2022, I made my first attempt to serve Molica with the
28
2
DECLARATION OF ERIC WALTON IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S
OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS 2
1971414.1 - NATC.JNEEL
1 Summons at the Property. I approached the front door, where Jane Doe was entering the house.
2 She briefly reopened the door when she saw me before abruptly shutting the door without
3 responding to my greeting. I then saw a white male, aged approximately 70 years old (“John
4 Doe”), walking on the Property. John Doe told me that Molica was not at the Property at that
5 time. I asked when Molica might be home, and John Doe replied that Molica “comes and goes”
6 and that he was not sure when would be a good time to come back.
7 11. On December 20, 2022, I made a second attempt to serve Molica with the
8 Summons at the Property. There was no response to my knock at the door. All blinds were closed
9 and there was no noise or movement.
10 12. On December 22, 2022, I made a third attempt to serve Molica with the Summons
11 at the Property. Again, there was no response to my knocking, no lights, and no movement.
12 However, there was a pickup truck in the driveway.
13 13. On December 23, 2022, I made a fourth attempt to serve Molica with the
14 Summons at the Property. When I approached the front door, the blinds in the front window were
15 open. I could see through the window a male, aged approximately 30 to 40 years old (“John
16 Roe”), sitting on a couch. When I knocked on the Property’s front door, John Roe appeared to
17 come to the door, but he never opened it. I knocked several times and called out Molica’s name,
18 but John Roe never made himself visible again.
19 14. On December 29, 2022, I made a fifth attempt to serve Molica with the Summons
20 at the Property. There was no response to my knock at the front door. The front window blinds
21 were open, but no lights were on inside and no one was visible on the Property or in the home.
22 There were several cars in the driveway.
23 15. On January 6, 2023, I made a sixth attempt to serve Molica with the Summons at
24 the Property. There was no response to my knock at the front door and no vehicles in the
25 driveway.
26 16. On January 8, 2023, I made a seventh attempt to serve Molica with the Summons
27 at the Property. There was no response to my knock at the front door and no lights on inside.
28 There was a pickup truck in the driveway.
3
DECLARATION OF ERIC WALTON IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S
OPPOSITION TO CODY MOLICA’S MOTION TO QUASH SERVICE OF SUMMONS 3
1971414.1 - NATC.JNEEL
17. On January 12, 2023, I made an eighth attempt to serve Mo li ca with the Sum mons

2 at the Pro perty. The front window·s blind s we re open and I could see Jane Doe sitting in the

3 li ving room in clear view . Jane Doe refused to get up and answer my knocks at the front door. I

4 announced that I had lega l doc uments fo r Molica and that I was leav ing tho e documents on the

5 porch. I then left a copy of the Summons on the porch of the Prope11y.

6 18. That same day, January 12, 2023, Peter House of One Hour Lega l mailed a true

7 copy of the Summons by first-class mail , postage prepaid, to Molica at the Pro pe1ty.

8 19. A true and correct copy of my signed and sworn Proof of Service of the Summons

9 that was fil ed with this Co urt is attac hed hereto as Ex hibit 2.

10 20. At no point in my numero us attempts to serve Molica with the Subpoena and the

11 Summons did Jane Doe, John Doe, or John Roe state that Molica did not re ide at the Property.

12 To the contrary, both Jane Doe and Joh n Doe si mpl y stated that Molica was not in at the times I

13 talked to them.

14 I dec lare under penalty of perjury under the laws of the State of Ca li fo rni a that the

15 foregoing is true and correct. Exec uted this ~ ay of May 2023 at ~ £,o~
16 California.

19
~
Eric Walton
-
20

26
27

28
4
DECL A RAT ION OF ERI C WAL TON IN SU PPORT OF N ITE D STATE REAL ESTATE CO RPORATION'S
OPPOS IT ION TO CODY MOLICA 'S MOTION TO QUASH SERV ICE OF SUM MO S
19714 14. 1 • NATC .J NEE L 4
EXHIBIT 1
5
SUBP-010
PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER:

DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, ET AL 22CV01758

Hearing Date: 10/27/2022
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR Hearing Time: 10 :00 AM
Room:
PRODUCTION OF BUSINESS RECORDS DepUDiv:

1. I served this DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS; ATTACHMENT 3; NOTICE TO CONSUMER OR
EMPLOYEE AND OBJECTION by personally delivering a copy to the person served as follows:

a. By serving: CODY MOLICA
By leaving with: JANE DOE (REFUSED TO GIVE NAME) - CO-OCCUPANT
Age: 65, Weight: 140, Hair: GRAY, Sex: Female, Height: 5'3, Eyes:, Race: WHITE, Marks:

b. Address where served: 4360 Stony Point Rd
Santa Rosa, CA 954078352

c. Date of delivery: 10/ 15/2022

d. Time of delivery: 10:32 AM

e. Witness fees:
(1) ~ W itness fees were paid.
Amount: ........$15.00

(2) □ Copying fees were paid ..
Amount:.. ...... $.00

f. Fee for Service:..................................... .S 212.00
2. I received this subpoena for service on (date): 10/10/2022
3. Person serving:

a. D Not a registered California Process Server.
b. D California sheriff or marshal.
c. D Registered California process server.
d. Employee or independent contractor of a registered California process server.

e. D Exempt from registration under Business and Professions Code section 22350(b).

f. D Registered professional photocopier.

g. D Exempt from registration under Business and Professions Code section 22451 .
h. Name, address, and telephone number and, if applicable, county of registration and number:
ERIC WALTON
County: SONOMA
Registration: P-413 Phone: (925) 947-3470
ONE HOUR LEGAL
2920 CAMINO DIABLO, Suite 100
WALNUT CREEK, CA 94597

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: 10/17/2022

► S:WliM-c ERIC WALTON

SUBP-010 (Rov. January 1, 2012) PROOF OF SERVICE
DEPOSITION SUBPOENA FOR PRODUCTION
OF BUSINESS RECORDS Order#: 18925/SUB10

6
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY

,_ EDWARD EGAN SMITH, ESQ. I SBN: 169792
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
235 PINE STREET 15TH FLOOR SAN FRANCISCO, CA 94104
TELEPHONE NO.: (415) 421-3400 J FAX NO. (415) 421-2234 J E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): DEFENDANT·

SANTA CRUZ SUPERIOR COURT
STREET ADDRESS: 701 OCEAN ST.
MAILING ADDRESS:
CITY AND ZIP CODE: SANTA CRUZ, CA 95060
BRANCH NAME:
PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER:
22CV01 758
DEFENDANT/RESPONDENT: SUPERIOR LOAN SE RVICING , ET AL.

Ref. No. or File No.:NATC.JNEEL
DECLARATION OF DILIGENCE

I, ERIC WAL TON , declare: I am a Registered Process Server and was retained to serve process in the above-referenced matter on
the following person or entity: CODY MOLICA as follows:
Documents:
DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS; ATTACHMENT 3; NOTICE TO CONSUMER OR EMPLOYEE AND
OBJECTION ;
I attempted personal service on the following dates and times with the following results:

Date T ime Location Results

10/11/2022 1:48 PM Home SUBJECT IS NOT IN PER RES IDENT JANE DOE (WHITE, FEMALE,
60 YEARS, GRAY HAIR, 5'4", 150 LBS ). JANE DOE SEEMED
AGITATED AND WOULD NOT GIVE ME ANY ADDITIONAL
INFORMATION ABOUT WHEN THE SUBJECT MIGHT BE HOME. -
ERIC WALTON
4360 Stony Point Rd, Santa Rosa, CA 954078352

10/12/2022 11 :23 AM Ho me SUBJECT IS NOT HERE AT THIS TIME PER JANE DOE RESIDENT. -
ERIC WALTON
4360 Stony Point Rd, Santa Rosa , CA 954078352

10/1 5/2022 10:31 AM Home SUBJ ECT IS NOT IN AT TH IS TIME PER SAME JANE DOE. I TOLD I
NEEDED TO LEAVE THEM AND SHE ABRUPTLY BEGAN TO CLOSE
THE DOOR. I QUICKLY ANNOUNCED SERV ICE AND DROP ON THE
PORCH. - ERIC WAL TON
4360 Stony Point Rd, Santa Rosa, CA 954078352

Fee for Service: $ 212.00
County: SONOMA
~ - Registration No.: P-413 I declare under penalty of perjury that the foregoing is true
~ ONE HOUR LEGAL and correct and that this declaration was executed on
2920 CAMINO DIA BLO 100 October 17, 2022.
WALNUT CREEK, CA 94597
(925) 94 7 -34 70
..,~~~-!11:1:
llil ~ ....
,l!l
~.....

Signaturec..·~ - s :c_.:....=._.,_.,'-'---~-
- - - ' - ' ~- - - - -- - -
ERIC WALTON

AFFIDAVIT OF REASONABLE DILIGENCE Order#: 18925

7
EXHIBIT 2

8
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
>- JEFFREY H. LOWENTHAL, ESQ. ISBN: 111763
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
235 PINE STREET 15TH FLOOR SAN FRANCISCO, CA 94104 ELECTRONICALLY FILED
TELEPHONE NO.: (415) 421-3400 J FAX NO. (415) 421 -22341 E-MAIL ADDRESS (Optional):
Superior Court of California
County of Santa Cruz

,,
ATTORNEY FOR (Name): DEFENDANT AND CROSS-COMPLAINANT:
1/17/2023 2:09 PM
SANTA CRUZ SUPERIOR COURT Clerk of the Court by Deputy,
Karen Broughton
STREET ADDRESS: 701 OCEAN ST. fl '
MAILING ADDRESS:
~
C ITY AND ZIP CODE: SANTA

BRANCH NAME:
CRUZ, CA 95060
~~,-
PLAINTIFF: JASON NEEL CASE NUMBER:

DEFENDANT: SUPERIOR LOAN SERVICING, ET AL. 22CV01758

Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS NATC.JNEEL
(Separate proof of service is required for each party served.)
Hearing Date: Time:
1. At the time of service I was at least 18 y ears of a g e and not a p a rty to this action.
2 . I served copies of:

a. D Summons
b. 0 Complaint
c. ~ Alternative Dispute Resolution (ADR) package
d. D Civil Case Cover Sheet (served in complex cases only)
e. 0 Cross-complaint
f. ~
other (specify documents) : See attached Document List
3. a . Party served (specify name of party as shown on documents served):
CODY MOLICA

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 : 4360 Stony Point Rd
Santa Rosa, CA 95407-8352
5. I served the party (check proper box)
a. D 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): (2) at (time):

b. ~ by substituted service. On (date): 1/12/2023 at (time): 11 :14 AM I left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3b):
"JANE DOE" • OCCUPANT - DROP SERVE THRU WINDOW/REFUSED TO GET UP
Age: 60'5 Race: W Sex: Female Height: SEATED Weight: Hair:

(1) D (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 of 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. I informed him or her of the general nature of the papers.

(3) D (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 of her of the
general nature of the papers.

(4) □ 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., §415.20). I mailed~ documents on
(date): from (city) : or ~ a declaration of mailing is attal!Ji_......,_..,

(5) ~ I attach a declaration of diligence stating actions taken first to attempt personal service .

Fonn Approved for Mandatory Use Code of Civil Procedure, § 417.10
Judicial Council of Cal ifornia PROOF OF SERVICE OF SUMMONS
POS-01O(Rev. January 1, 2007] POS010-1/20505
* 747878 *

9
PETITIONER: JASON NEEL
I CASE NUMB:.01758
RESPONDENT: SUPERIOR LOAN SERVICING, ET AL

c. □ 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) 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 Clv. 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 D as an Individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as occupant.
d. !-7 On behalf of (specify):
under the following Code of Civil Procedure section:
416.10 (corporation) 415.95 (business organization, form unknown)
D 416.20 (defunct corporation) 416.60 (minor)
r-7 416.30 0oint stock company/association) 416.70 (ward or conservatee)
0 416.40 (association or partnership) 416.90 (authorized person)
D 416.50 (public entity) 415.46 (occupant)
other:

7. Person who served papers
a. Name: ERIC WALTON• ONE HOUR LEGAL
b. Address: 2920 CAMINO DIABLO WALNUT CREEK, CA 94597
c. Telephone number: (925) 947-3470
d. The fee for service was: $ 524.00
e. lam:
(1) IJnot a registered California process server.
(2) Q exempt from r?gist.ration under Business and Professions Code section 22350(b).
(3) [] r red California pr~ss server: ✓, .
(i) owner LJ employee 1. ..... ..: independent contractor.
(ii) Registration No.: P-413
(iii) County: SONOMA

8. rj' I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.

Date: 1112/2023
ONE HOUR LEGAL
2920 CAMINO DIABLO
WALNUT CREEK, CA 94597
(925) 947-3470
www.onehour.net

ERIC WALTON
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)
► (SIGNATURE)

POS-01 O[Rev January 1, 2007] Page 2 of 2
PROOF OF SERVICE OF SUMMONS
POS-01 Q.120505

10
ONE HOUR LEGAL
2920 CAMINO DIABLO
WALNUT CREEK, CA 94597
Phone: (925) 947-3470 Fax: (925) 947-3480

Continued from Proof of Service

CLIENT: STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
CLIENT FILE#: NATC.JNEEL DATE: January 12, 2023

SUBJECT: CODY MOLICA
SERVED: "JANE DOE" - OCCUPANT - DROP SERVE THRU WINDOW/REFUSED TO GET UP

SUMMONS-CROSS-COMPLAINT; VERIFIED CROSS-COMPLAINT OF UNITED ESTATES
REAL ESTATE CORPORATION; DEFENDANT UNITED STATES REAL ESTATE
CORPORATION'S ANSWER TO FIRST AMENDED COMPLAINT; BLANK CASE MANAGEMENT
STATEMENT; NOTICE OF JURY FEE DEPOSIT FOR DEFENDANT UNITED STATES REAL
ESTATE CORPORATION; NOTICE OF FURTHER CASE MANAGEMENT CONFERENCE AND
TRIAL SETTING CONFERENCE; FIRST AMENDED COMPLAINT; ANSWER TO FIRST
AMENDED COMPLAINT

Order#: 20505/DocAtt2010

11
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number. and address) FOR COURT USE ONLY
JEFFREY H. LOWENTHAL, ESQ. ISBN: 111763
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
235 PINE STREET 15TH FLOOR SAN FRANCISCO, CA 94104
TELEPHONE NO.: (415) 421-3400 : FAX NO. (415) 421-2234 : E-MAIL ADDRESS (Optional):
i ATTORNEY FOR /Name}: DEFENDANT AND CROSS-COMPLAINANT:

I SANTA CRUZ SUPERIOR COURT
STREET ADDRESS: 701 OCEAN ST.
MAILING ADDRESS:
CITY AND ZIP CODE SANTA CRUZ, CA 95060
BRANCH NAME:
PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER:
DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, ET AL. 22CV01758

DECLARATION OF DILIGENCE ! Ref, No, or F:le No.:NATC.JNEEL
'-------------------------·-------- !
I, ERIC WALTON , declare: I am a Registered Process Server and was retained to serve process in the above-referenced matter on
the following person or entity: CODY MOLICA as follows:
Documents:
See Documents on Attached List
I attempted personal service on the following dates and times with the following results:

Date Time Location Results
12/17/2022 12:04 PM Home THIS IS A GATED RURAL PROPERTY BUT THE GATE WAS OPEN.
AS I APPROACHED THE FRONT DOOR, RESIDENT JANE DOE
(WHITE FEMALE) WAS ENTERING THE HOUSE. SHE BRIEFLY RE-
OPENED THE DOOR WHEN SHE SAW ME AND THEN ABRUPTLY
SHUT THE DOOR BEFORE RESPONDING TO MY GREETING. I
THEN SAW JOHN DOE (WHITE, MALE, 70 YEARS, HAT, 5'9", 160
LBS} WALKING ON THE PROPERTY AND HE SAID THAT CODY
WA$ NOT HERE AT THIS TIME. I AKSED WHEN THE SUBJECT
MIGHT BE HOME AND JOHN DOE REPLIED THAT THE SUBJECT
"COMES AND GOES" AND HE WASN'T SURE WHEN WOULD BE A
GOOD TIME TO COME BACK. HE WAS RELATIVELY EVASIVE. -
ERIC WALTON
4360 Stony Point Rd, Santa Rosa, CA 954078352
12/20/2022 8:32AM Home NO RESPONSE AT THE DOOR. ALL BLINDS ARE CLOSED. THERE
IS NO NOISE OR MOVEMENT.· ERIC WALTON
4360 Stony Point Rd, Santa Rosa. CA 954078352
12/22/2022 5:41 PM Home NO RESPONSE TO KNOCKING. THERE IS A PICKUP IN THE
DRIVEWAY. THE BLINDS ARE CLOSED. THERE ARE NO LIGHTS
OR MOVEMENT. • ERIC WALTON
4360 Stony Point Rd, Santa Rosa, CA 954078352
12/23/2022 1:34 PM Home WHEN I APPROACHED THE DOOR, THE BLINDS IN THE FRONT
WINDOW WERE OPEN. THERE WAS A MALE SITTING ON THE
COUCH, WHO APPEARED TO BE 30-40 YEARS OLD. WHEN I
KNOCKED, HE GOT UP AND APPEARED TO COME TO THE DOOR
BUT NEVER OPENED IT. I KNOCKED SEVERAL TIMES AND
CALLED OUT THE SUBJECT'S NAME BUT HE NEVER MADE
Fee for Service: $ 524.00 HIMSELF VISIBLE AGAIN. - ERIC WALTON
County: SONOMA 4360 Stony Point Rd, Santa Rosa, CA 954078352
- , i Registration No.: P-413 Continued on J,d~~t~,!,!nder penalfy of perjury_ that the foregoing is true
P~J ONE HOUR LEGAL •~t1~ccme'ct and that this declaration was executed on
2920 CAMINO DIABLO 100 January 12, 2023.
WALNUT CREEK, CA 94597 [ii
(925) 947-3470 '--r.: C
.....)cl!N'(v:_____
Slgnature,~=----~
ERIC WALTON

AFFIDAVIT OF REASONABLE DILIGENCE
Order#: 20505

12
ATTOR NEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number. and address/ FOR COURT USE 0/JL Y
_ JEFFREY H. LOWENTHAL, ESQ. I SBN: 111763
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
235 PINE STREET 15TH FLOOR SAN FRANCISCO, CA 94104
TELEPHONE NO.: (415)421·3400 I FM NO. (415) 421·22341 E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): DEFENDANT AND CROSS-COMPLAINANT:

SANTA CRUZ SUPERIOR COURT
STREET ADDRESS: 701 OCEAN ST.
MAILING ADDRESS;

CITY AND ZIP CODE; SANTA CRUZ, CA 95060
BRANCH NAME:

PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER:

DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, ET AL 22CV01758

DECLARATION OF DILIGENCE IRef. No. orF•~No. NATC.JNEEL
I, ERIC WALTON , declare: I am a Registered Process Server and was retained to serve process in the above-referenced matter on
the following person or entity; CODY MOLICA as follows:
Documents:
See Documents on Attached List
I attempted personal service on the following dates and times with the following results:

Date Time Location Results
Continued from Previous Page
12/29/2022 10:46 AM Home NO RESPONSE AT DOOR. BLINDS OPEN, NO LIGHTS ON INSIDE
AND NO PEOPLE VISIBLE. SEVERAL CARS IN DRIVEWAY. COULD
NOT SEE ANYONE ON THE PROPERTY. - ERIC WALTON
4360 Stony Point Rd, Santa Rosa, CA 954078352
1/6/2023 9:24AM Home NO RESPONSE AT THE DOOR AND NO CARS IN DRIVEWAY. -
ERIC WALTON
4360 Stony Point Rd, Santa Rosa, CA 954078352
1/8/2023 5:42 PM Home NO RESPONSE AT THE DOOR. NO LIGHTS ON INSIDE. ONE
PICKUP TRUCK IN DRIVEWAY. - ERIC WALTON
4360 Stony Point Rd, Santa Rosa, CA 954078352
1/12/2023 11:13AM Home THE BLINDS WERE OPEN AND I COULD SEE A FEMALE SUBJECT
SITTING IN THE LIVING ROOM IN CLEAR VIEW AND ONLY ABOUT
6 FEET FROM THE WINDOW, BUT SHE REFUSED TO GET UP AN
ANSWER. I ANNOUNCED THAT I HAD LEGAL DOCUMENTS FOR
THE NAMED SUBJECT AND THAT I WAS LEAVING THEM ON THE
PORCH. • ERIC WALTON
4360 Stony Point Rd, Santa Rosa, CA 954078352
Continued on Next Page

Fee for Service: $ 524.00
County: SONOMA
~ Registration No.: P-413 I declare under penalty of perjury that the foregoing is true
, ...... - i ONE HOUR LEGAL and correct and that this declaration was executed on
2920 CAMINO DIABLO 100 January 12, 2023.
WALNUT CREEK, CA 94597
(925) 947-3470 ,~
l!]

Signature :~--5w-=-_,,_~~.,....f'{k/+-"'--------
.....
ERIC WALTON

AFFIDAVIT OF REASONABLE DILIGENCE
Order#: 20505

13
Im,""" OR•=""'°"''"°'"" ,,.,., ,_"'-· W -uJ
JEFFREY H. LOWENTHAL, ESQ. I SBN: 111763
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
FOR COURT USE ONLY

235 PINE STREET 15TH FLOOR SAN FRANCISCO, CA 94104
TELEPHONE NO.: (415) 421·3400 I FA'J. NO. (415) 421·22341 E·MAILAOORESS (Optior.al).·
, ATTORNEY FOR (NtJtneJ: DEFENDANT ANO CROSS-COMPLAINANT·

SANTA CRUZ SUPERIOR COURT
STREET ADDRESS: 701 OCEAN ST.
MAILING ADDRESS:

CITY ANO ZIP CODE SANTA CRUZ, CA 95060
BRANCH NAME:

PLAINTIFF/PETITIONER: JASON NEEL CASE NUMBER:

DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, ET AL. 22CV01758

Ref. No. or File No.:NATC.JNEEL
DECLARATION OF DILIGENCE
······················'

I, ERIC WALTON , declare: I am a Registered Process Server and was retained to serve process in the above-referenced matter on
the following person or entity: CODY MOLICA as follows:
Documents:
See Documents on Attached List
I attempted personal service on the following dates and times with the following results:

Date Time Location Results
Continued from Previous Page
1/12/2023 11:14AM Home Substituted service on: CODY MOLICA; 4360 Stony Point Rd, Santa
Rosa, CA 95407-8352; by serving: "JANE DOE" - OCCUPANT- DROP
SERVE THAU WINDOW/REFUSED TO GET UP, W Female SO'S
SEATED.

Fee for Service:$ 524.00
County: SONOMA
_ . , Registration No.: P-413 I declare under penalty of perjury that the foregoing is true
f'.~I ONE HOUR LEGAL and correct and that this declaration was executed on
2920 CAMINO DIABLO 100 January 12, 2023.
WALNUT CREEK, CA 94597 l!]
(925) 947-3470 J~

Signature~·--~-------'---------
ERIC WALTON

AFFIDAVIT OF REASONABLE DILIGENCE
Order#: 20505
I

I 14
ONE HOUR LEGAL
2920 CAMINO DIABLO
WALNUT CREEK, CA 94597
Phone: (925) 947-3470 Fax: (925) 947-3480

Continued from Proof of Service

CLIENT: STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
CLIENT FILE#: NATC.JNEEL DATE: January 12, 2023

SUBJECT: CODY MOLICA
SERVED: "JANE DOE" - OCCUPANT - DROP SERVE THRU WINDOW/REFUSED TO GET UP

Alternative Dispute (ADR) package; SUMMONS-CROSS-COMPLAINT; VERIFIED
CROSS-COMPLAINT OF UNITED ESTATES REAL ESTATE CORPORATION; DEFENDANT
UNITED STATES REAL ESTATE CORPORATION'S ANSWER TO FIRST AMENDED
COMPLAINT; BLANK CASE MANAGEMENT STATEMENT; NOTICE OF JURY FEE DEPOSIT
FOR DEFENDANT UNITED STATES REAL ESTATE CORPORATION; NOTICE OF
FURTHER CASE MANAGEMENT CONFERENCE AND TRIAL SETTING CONFERENCE; FIRST
AMENDED COMPLAINT; ANSWER TO FIRST AMENDED COMPLAINT

ONE HOUR LEGAL I 2920 CAMINO DIABLO I WALNUT CREEK, CA 94597 I (925) 947-3470

15
20505
Attorney or Party without Attorney: FOR COURT USE ONLY
JEFFREY H. LOWENTHAL, ESQ., SBN: 111763
STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
235 PINE STREET 15TH FLOOR
SAN FRANCISCO, CA 94104 E-MAIL ADDRESS (Optional):
TELEPHONE No. (415) 421-3400 FAX No. (Optional):(415) 421-2234

Attorney for DEFENDANT AND CROSS-COMPLAINANT
I Ref No or~~;~_JNEEL

Insert name of Court, and Judieial District and Branch Court:
SANTA CRUZ SUPERIOR COURT -

P1ainut1 JASON NEEL
Detendant SUPERIOR LOAN SERVICING, ET AL.

HEARING DATE: TIME: DEPT.: CASE NUMBER:
PROOF OF SERVICE 22CV01758
BY MAIL

1. I am over the age of 18 and not a party to this action. I am employed in the county where the mailing occured.

2. I served copies of the Alternative Dispute (ADR) pac ; SUMMONS-CROSS-COMPLAINT; VERIFIED CROSS-
COMPLAINT OF UNITED ESTATES REAL ESTATE RPORATION; DEFENDANT UNITED STATES REAL ESTATE
CORPORATION'S ANSWER TO FIRST AMENDED COMPLAINT; BLANK CASE MANAGEMENT STATEMENT; NOTICE
OF JURY FEE DEPOSIT FOR DEFENDANT UNITED STATES REAL ESTATE CORPORATION; NOTICE OF FURTHER
CASE MANAGEMENT CONFERENCE AND TRIAL SETTING CONFERENCE; FIRST AMENDED COMPLAINT; ANSWER
TO FIRST AMENDED COMPLAINT

3. By placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United
States Mail at WALNUT CREEK, California, addressed as follows:

a. Date of Mailing: January 12, 2023
b. Place of Mailing: WALNUT CREEK, CA
c. Addressed as follows: CODY MOLICA
4360 Stony Point Rd
Santa Rosa, CA 95407-8352

I am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would
be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid at WALNUT
CREEK, California in the ordinary course of business.

Fee for Service: $ 524.00

Case Info

Judge

Schmal, Timothy Track Judge’s New Case

Case No.

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Document Filed Date

May 11, 2023

Case Filing Date

August 10, 2021

County

Parties

Beuselinck, Michael Thomas Attorney
Beuselinck, Michael Thomas Attorney for the Defendant
CNA Equities Group, LLC Defendant
CNA Equity Group, Inc., a professional corporation Cross Defendant
Davidson, Thornton Attorneys for Plaintiffs
Davidson, Thornton Attorney for the Plaintiff
Jones, Brandi Guardian Ad Litem
Molica, Cody Cross Defendant
Neel, Jason Cross Defendant
Neel, Jason Plaintiff
Perez, Jacoby Ryan Attorney for the Defendant
Pro Se Attorney
Pro Se Attorney for the Defendant
RUSHMYFILE Defendant
Rushmyfile, Inc. Cross Complainant
RUSHMYFILE, INC., a California corporation Cross Defendant
Schwartz, Donald ESQ Cross Defendant
Schwartz, Donald ESQ Defendant
Smith, Edward Egan Attorney for the Defendant
United States Real Estate Corporation Cross Complainant
United States Real Estate Corporation Defendant
Wheat, Derek Cross Defendant
Jeffrey Lowenthal Attorneys for Defendants
Matthew Delbridge Attorneys for Defendants
Mark Sarni Attorney
Pamela Simmons Attorneys for Plaintiffs
William Purdy Attorneys for Plaintiffs
Julian Bach Attorneys for Defendants
Jennifer Johnson Attorney
Barbara White Attorney
Edward Weber Attorneys for Defendants
Kristi Wells Attorneys for Defendants
Kristi Marshall Attorneys for Defendants
Jed Lowenthal Attorney
Barry Gore Attorneys for Defendants

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Motion,Ex Parte: Jason Neel vs United States Real Estate Corporation, et al

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Case Info

Parties