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
Jacoby Perez (State Bar No. 315990)
10 GERACI LAW FIRM
90 Discovery
11 Irvine, CA 92618
Telephone: (949) 379-2600
12 Direct: (949) 504-4195
Email: j.perez@geracillp.com
13
Co-counsel for Defendant and Cross-Complainant
14 United States Real Estate Corporation
15
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 FOR THE COUNTY OF SANTA CRUZ
18
19 JASON NEEL, Case No. 22CV01758
20 Plaintiff,
NOTICE OF ENTRY OF DEFAULT OF
21 v. DEFENDANT CODY MOLICA
22 SUPERIOR LOAN SERVICING, ASSET
DEFAULT MANAGEMENT, INC., Action Filed: August 10, 2021 [Alameda Superior]
23 UNITED STATES REAL ESTATE Trial Date: Not Assigned
CORPORATION and DOES 1 through
24 100, inclusive,
25 Defendants.
26
AND RELATED CROSS-ACTION(S).
27
28
NOTICE OF ENTRY OF DEFAULT OF DEFENDANT CODY MOLICA
2025367.1 - NATC.JNEEL
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
2 PLEASE TAKE NOTICE THAT on June 22, 2023, the Court entered the default of
3 defendant Cody Molica in the above-entitled action. A true and correct copy of said default is
4 attached hereto as Exhibit A.
5
Dated: June 28, 2023 STEYER LOWENTHAL BOODROOKAS
6 ALVAREZ & SMITH LLP
7
By:______________________________
8 Jeffrey H. Lowenthal
Edward Egan Smith
9 Matthew W. Delbridge
Attorneys for Defendant and Cross-
10 Complainant United States Real Estate
Corporation
11
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2
NOTICE OF ENTRY OF DEFAULT OF DEFENDANT CODY MOLICA
2025367.1 - NATC.JNEEL
EXHIBIT A
CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY: 169792
STATE BAR NO:
FOR COURT USE ONLY
NAME: Edward Egan Smith (SBN 169792); Matthew W. Delbridge (SBN 343636)
FIRM NAME: Steyer Lowenthal Boodrookas Alvarez & Smith LLP ELECTRONICALLY FILED
STREET ADDRESS: 235 Pine Street, 15th Floor Superior Court of California
CITY: San Francisco STATE: CA ZIP CODE: 94104 County of Santa Cruz
TELEPHONE NO.: (415) 421-3400 FAX NO.: (415) 421-3400 6/22/2023 11:22 AM
E-MAIL ADDRESS: esmith@steyerlaw.com; mdelbridge@steyerlaw.com Clerk of the Court by Deputy,
ATTORNEY FOR (name): Def./Cross-Complainant United States Real Estate Corporation Helena Hanson
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
STREET ADDRESS: 701 Ocean Street
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Cruz, 95060
BRANCH NAME:
Plaintiff/Petitioner: JASON NEEL
Defendant/Respondent: SUPERIOR LOAN SERVICING, et al.
CASE NUMBER:
REQUEST FOR Entry of Default Clerk's Judgment
22CV01758
(Application) Court Judgment
Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.); (see form CIV-105)
1. TO THE CLERK: On the complaint or cross-complaint filed
a. on (date): December 13, 2022
b. by (name): United States Real Estate Corporation
c. Enter default of defendant (names):
CODY MOLICA
d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant
(names):
(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under
Code Civ. Proc., § 585(d).)
e. Enter clerk’s judgment
(1) for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc., § 1169.)
Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
415.46.
(2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
reverse (item 5).)
(3) for default previously entered on (date):
2. Judgment to be entered. Amount Credits acknowledged Balance
a. Demand of complaint . . . . . . . . . . . . . $ $ $
b. Statement of damages*
(1) Special . . . . . . . . . . . . . . . . . . . . $ $ $
(2) General . . . . . . . . . . . . . . . . . . . . $ $ $
c. Interest . . . . . . . . . . . . . . . . . . . . . . . . $ $ $
d. Costs (see reverse) . . . . . . . . . . . . . . $ $ $
e. Attorney fees . . . . . . . . . . . . . . . . . . . $ $ $
f . TOTALS . . . . . . . . . . . . . . . . . . . . . . $ $ $
g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date):
(* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)
3. (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the
reverse (complete item 4).
Date: June 22, 2023
Matthew W. Delbridge
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
X Default entered as requested on (date): 6/22/23 DEFAULT ONLY
FOR COURT (1)
(2) Default NOT entered as requested (state reason): Helena Hanson
USE ONLY
Clerk, by , Deputy Page 1 of 3
Form Adopted for Mandatory Use Code of Civil Procedure, §§ 585–587, 1169
Judicial Council of California REQUEST FOR ENTRY OF DEFAULT www.courts.ca.gov
CIV-100 [Rev. January 1, 2023] (Application to Enter Default) 1
CIV-100
CASE NUMBER:
Plaintiff/Petitioner: JASON NEEL
22CV01758
Defendant/Respondent: SUPERIOR LOAN SERVICING, et al.
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or
unlawful detainer assistant for compensation give advice or assistance with this form. If declarant has
received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state:
a. Assistant's name: c. Telephone no.:
b. Street address, city, and zip code: d. County of registration:
e. Registration no.:
f. Expires on (date):
5. Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c. is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):
b. mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none,
to each defendant's last known address as follows:
(1) Mailed on (date): June 22, 2023 (2) To (specify names and addresses shown on the envelopes):
Cody Molica, 4360 Stony Point Rd, Santa Rosa, CA
95407-8352;
Cody Molica, 1029 North Road, #175, Westfield, MA 01085
I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct.
Date: June 22, 2023
Alma Caliz
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):
a. Clerk's filing fees . . . . . . . . . . . . . . . . . . . . $
b. Process server's fees . . . . . . . . . . . . . . . . . $
c. Other (specify): $
d. $
e. TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
f. Costs and disbursements are waived.
g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is
correct and these costs were necessarily incurred in this case.
I declare under penalty of perjury under the laws of the State of California that the foregoing item 7 is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page 2 of 3
CIV-100 [Rev. January 1, 2023] REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
2
CIV-100
CASE NUMBER:
Plaintiff/Petitioner: JASON NEEL
22CV01758
Defendant/Respondent: SUPERIOR LOAN SERVICING, et al.
8. Declaration of nonmilitary status (required for a judgment).
No defendant/respondent named in item 1c is in the military service of the United States as defined by either the Servicemembers
Civil Relief Act (see 50 U.S.C. § 3911(2)) or California Military and Veterans Code sections 400 and 402(f).
I know that no defendant/respondent named in item 1c is in the U.S. military service because (check all that apply):
a. the search results that I received from https://scra.dmdc.osd.mil/ say the defendant/respondent is not in the U.S. military
service.
b. I am in regular communication with the defendant/respondent and know that they are not in the U.S. military service.
c. I recently contacted the defendant/respondent, and they told me that they are not in the U.S. military service.
d. I know that the defendant/respondent was discharged from U.S. military service on or about (date):
e. the defendant/respondent is not eligible to serve in the U.S. military because they are:
incarcerated a business entity
f. other (specify):
Note
• U.S. military status can be checked online at https://scra.dmdc.osd.mil/.
• If the defendant/respondent is in the military service, or their military status is unknown, the defendant/respondent
is entitled to certain rights and protections under federal and state law before a default judgment can be entered.
• For more information, see https://selfhelp.courts.ca.gov/military-defaults.
I declare under penalty of perjury under the laws of the State of California that the foregoing item 8 is true and correct.
Date: June 22, 2023
Matt Delbridge
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page 3 of 3
CIV-100 [Rev. January 1, 2023] REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
3
ATTORNEYOR PARTYWITHOUTATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
POS 010-
f- JEFFREY H. LOWENTHAL,ESQ. ISBN: 111763
STEYER LOWENTHALBOODROOKASALVAREZ & SMITH
235 PINE STREET 15TH FLOORSAN FRANCISCO,CA 94104 ELECTRONICALLY FILED
TELEPHONE NO.: (415) 421·3400 I FAX NO. (415) 421·22341E·MAIL ADDRESS (Optional):
Superior Court of California
ATTORNEY FOR (Name): DEFENDANTAND CROSS·COMPLAINANT: County of Santa Cruz
1/17/2023 2:09 PM
SANTA CRUZ SUPERIOR COURT Clerk of the Court by Deputy,
Karen Broughton
STREETADDRESS: 701 OCEAN ST.
MAILINGADDRESS:
CITY AND ZIP CODE: SANTA CRUZ, CA 95060
BRANCHNAME:
PLAINTIFF: JASON NEEL CASE NUMBER:
DEFENDANT: SUPERIORLOAN 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.)
HearingDate: Time:
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. D Summons
b.. g Complaint
C I"J 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'S 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) D 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 attar!fi
(5) ~ I attach a declaration of diligence stating actions taken first to attempt personal service.
Form Approved for MandatoryUse Code of Civil Procedure,§ 417.10
judicial Council of Califomia PROOF OF SERVICE OF SUMMONS
POS·010[Rev. January 1, 2007] POS010-1/20505
·747878·
4
PETITIONER: JASON NEEL
CASE NUMBER:
22CV01758
RESPONDENT: SUPERIOR LOAN SERVICING, ET AL
c. 0 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. x0 as an Individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as occupant.
d. [-1 On behalf of (specify):
under the following Code of Civil Procedure section:
416.10 (corporation) 415.95 (business organization, form unknown)
o 416.20 (defunct corporation) 416.60 (minor)
n 416.30 Gointstock company/association) 416.70 (ward or conservatee)
LJ 416.40 (association or partnership) 416.90 (authorized person)
o 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) IJ not a registered California process server.
(2) Q ex~mpt from r~gist,rationunder Business and Professions Code section 22350(b).
(3) [] reQI~teredCalifornia pr~ss server: ~ .
(I) LJ owner LJ employee 1. : Independent contractor.
(ii) Registration No.: P-413
(iii) County: SONOMA
8. rJ I declare under penalty of pe~ury 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 Icertify that the foregoing is true and correct.
Date: 111212023
ONE HOUR LEGAL
2920 CAMINO DIABLO
WALNUT CREEK. CA 94597
(925) 947-3470
www.onehour.net
E_8J_c.w~!"!Q~_ (SIGNATURE)
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)
POS'()10 [Rev January 1, 2007] Page 2 of 2
PROOF OF SERVICE OF SUMMONS
POS-01 Qf20505
5
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 MANAGEMENTCONFERENCE AND
TRIAL SETTING CONFERENCE; FIRST AMENDED COMPLAINT; ANSWER TO FIRST
AMENDED COMPLAINT
Order#: 205051DocAtt2010
6
---------_._._--_ _ __ __
_ .._. -
' ATTORNEY. OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number. and address)
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 FAXNO. (415)421·2234! E·MAIL ADDRESS (Opllonal);
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:
...
- --.--
..
--..
-.----------. .. - _ -,-- ..
-..
_ -..---------1
i PLAINTIFFIPETITIONER:
JASON NEEL ' CASE NUMBER:
::::;~~-=-~
~=~~~;:~::
I DEFEND.
_ ==_-'---_:N=O_.-Or
I
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 MOUCA as follows:
...._-_~~._j
__F_!le_N-O_.:_N-:~:_-C_vn=J~_7:_:~L~-
Documents:
See Documents on Attached List
I attempted personal service on the following dates and times with the following results:
Date Time Location Results
12/1712022 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
WAS 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
12120/2022 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
1212212022 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
1212312022 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$4iJ S~~tHa~u~tE~Ar 3
2920 CAMINO DIABLO 100
Continued on J,d~~t~jJnder pena1txof perjury.that the foregOing is true
'~ti~comrctand that this declaration was executed on
January 12, 2023.
WALNUT CREEK, CA 94597
(925) 947-3470 ~~~[iJ
~ }-r.:
ERIC WALTON
Order#: 20505
7
ATTORNEY
ORPARTY
WITHOUT
ATTORNEY
(Name, Stare Bar number, and address) FOR COURT USE OIJL Y
JEFFREY H. LOWENTHAL, ESQ. ISBN: 111763
f- STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH
235 PINE STREET 15TH FLOOR SAN FRANCISCO, CA 94104
TELEPHONE
NO.:(415)421·3400 I FAA NO. (415) 421·22341 E·MAIL
ADDRESS
(Optional):
ATTORNEY
FOR(Namel: DEFENDANT ANDCROSS·COMPLAINANT:
SANTA CRUZ SUPERIOR COURT
STREET
ADDRESS:
701 OCEAN ST.
MAILING ADDRESS;
CITYANDZIPCODE;
SANTACRUZ, CA 95060
BRANCH NAME:
PLAINTIFFIPETITIONER: JASON NEEL CASE NUMBER:
DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, ET AL 22CV01758
Ref. No.or FI~N0:NA' I"IEEL
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
1212912022 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
1/1212023 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
!""l
L ....••. ONE HOUR LEGAL and correct and that this declaration was executed on
2920 CAMINO DIABLO 100 January 12, 2023.
WALNUT CREEK, CA 94597 R:1'~Wtl!l
(925) 947-3470 J"",,,:
Signatur'C.e.~__ Sw~::_~~~.v.J'{k/-+-==:.._ _
ERIC WALTON
_ _-..__._ . _
.......................................................................
AFFIDAVIT OF REASONABLE DILIGENCE
Order#: 20505
8
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bar number. and address)
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 I FAX NO. (415) 421·2234 I E·MAIL ADDRESS (Oplior.al)'
ATTORNEY FOR (Name), DEFENDANT AND CROSS-CQMPLAINANT'
SANTA CRUZ SUPERIOR COURT
STREET ADDRESS: 701 OCEAN ST.
MAILING ADDRESS:
CITY AND ZIP CODE SANTA CRUZ, CA 95060
BRANCH NAME:
CASE NUMBER:
PLAINTIFFIPETITIONER: JASON NEEL
22CV01758
DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING. ET AL.
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
1/1212023 11:14AM Home Substituted service on: CODY MOLlCA; 4360 Stony Point Rd. Santa
Rosa, CA 95407-8352; by serving: "JANE DOE" - OCCUPANT - DROP
SERVE THRU WINDOW/REFUSED TO GET UP, W Female 60'S
SEATED.
Fee for Service: $ 524.00
County: SONOMA
I declare under penalty of pe~ury that the foregoing is true
MNJ Btl~~a~ITRN~Ecr;t13 and correct and that this declaration was executed on
January 12, 2023.
2920 CAMINO DIABLO 100
WALNUT CREEK, CA 94597
(925) 947-3470 ~~J~
Order#: 20505
9
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 12920 CAMINO DIABLO I WALNUT CREEK, CA 94597 I (925) 947-3470
10
20505
Attorney or Party withoutAttorney: 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):
TELEPHONENo.: (415) 421-3400 FAX No. (Optional) (415) 421-2234
Attorneyfor DEFENDANT AND CROSS-COMPLAINANT
I Ref No. or File No..
NATC.JNEEL
Insert name of Court. and judicial District and Branch Court:
SANTA CRUZ SUPERIOR COURT -
Plaintiff: JASON NEEL
Defendant SUPERIOR LOAN SERVICING, ET AL.
HEARING DATE: TIME: DEPT.: CASE NUMBER:
PROOF OF SERVICE
BY MAIL 22CV01758
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) 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 SETIING 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 I declare under penalty of perjury under the laws of
County: the The State of California that the foregoing
Registration: information contained in the return of service and
statement of service fees is true and correct and that
R ~9~~ ~~~~~E~~~LO
WALNUT CREEK, CA 94597
this declaration was executed on January 12, 2023.
(925) 947-3470
Ref: NATC.JNEEL
Signature: k~. __
~PETER
. HOUSE
PROOF OF SERVICE BY MAIL
Order#: 20505/mailproof
11
CIV-130
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Edward Egan Smith (SBN 169792); Matthew W. Delbridge (SBN 343636) ELECTRONICALLY FILED
Steyer Lowenthal Boodrookas Alvarez & Smith LLP
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 Jacoby Perez (State Bar No. 315990) 10 GERACI LAW FIRM 90 Discovery 11 Irvine, CA 92618 Telephone: (949) 379-2600 12 Direct: (949) 504-4195 Email: j.perez@geracillp.com 13 Co-counsel for Defendant and Cross-Complainant 14 United States Real Estate Corporation 15 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 FOR THE COUNTY OF SANTA CRUZ 18 19 JASON NEEL, Case No. 22CV01758 20 Plaintiff, NOTICE OF ENTRY OF DEFAULT OF 21 v. DEFENDANT CODY MOLICA 22 SUPERIOR LOAN SERVICING, ASSET DEFAULT MANAGEMENT, INC., Action Filed: August 10, 2021 [Alameda Superior] 23 UNITED STATES REAL ESTATE Trial Date: Not Assigned CORPORATION and DOES 1 through 24 100, inclusive, 25 Defendants. 26 AND RELATED CROSS-ACTION(S). 27 28 NOTICE OF ENTRY OF DEFAULT OF DEFENDANT CODY MOLICA 2025367.1 - NATC.JNEEL 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 2 PLEASE TAKE NOTICE THAT on June 22, 2023, the Court entered the default of 3 defendant Cody Molica in the above-entitled action. A true and correct copy of said default is 4 attached hereto as Exhibit A. 5 Dated: June 28, 2023 STEYER LOWENTHAL BOODROOKAS 6 ALVAREZ & SMITH LLP 7 By:______________________________ 8 Jeffrey H. Lowenthal Edward Egan Smith 9 Matthew W. Delbridge Attorneys for Defendant and Cross- 10 Complainant United States Real Estate Corporation 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF ENTRY OF DEFAULT OF DEFENDANT CODY MOLICA 2025367.1 - NATC.JNEEL EXHIBIT A CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: 169792 STATE BAR NO: FOR COURT USE ONLY NAME: Edward Egan Smith (SBN 169792); Matthew W. Delbridge (SBN 343636) FIRM NAME: Steyer Lowenthal Boodrookas Alvarez & Smith LLP ELECTRONICALLY FILED STREET ADDRESS: 235 Pine Street, 15th Floor Superior Court of California CITY: San Francisco STATE: CA ZIP CODE: 94104 County of Santa Cruz TELEPHONE NO.: (415) 421-3400 FAX NO.: (415) 421-3400 6/22/2023 11:22 AM E-MAIL ADDRESS: esmith@steyerlaw.com; mdelbridge@steyerlaw.com Clerk of the Court by Deputy, ATTORNEY FOR (name): Def./Cross-Complainant United States Real Estate Corporation Helena Hanson SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: 701 Ocean Street MAILING ADDRESS: CITY AND ZIP CODE: Santa Cruz, 95060 BRANCH NAME: Plaintiff/Petitioner: JASON NEEL Defendant/Respondent: SUPERIOR LOAN SERVICING, et al. CASE NUMBER: REQUEST FOR Entry of Default Clerk's Judgment 22CV01758 (Application) Court Judgment Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.); (see form CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): December 13, 2022 b. by (name): United States Real Estate Corporation c. Enter default of defendant (names): CODY MOLICA d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., § 585(d).) e. Enter clerk’s judgment (1) for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.) Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint . . . . . . . . . . . . . $ $ $ b. Statement of damages* (1) Special . . . . . . . . . . . . . . . . . . . . $ $ $ (2) General . . . . . . . . . . . . . . . . . . . . $ $ $ c. Interest . . . . . . . . . . . . . . . . . . . . . . . . $ $ $ d. Costs (see reverse) . . . . . . . . . . . . . . $ $ $ e. Attorney fees . . . . . . . . . . . . . . . . . . . $ $ $ f . TOTALS . . . . . . . . . . . . . . . . . . . . . . $ $ $ g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.) 3. (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: June 22, 2023 Matthew W. Delbridge (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) X Default entered as requested on (date): 6/22/23 DEFAULT ONLY FOR COURT (1) (2) Default NOT entered as requested (state reason): Helena Hanson USE ONLY Clerk, by , Deputy Page 1 of 3 Form Adopted for Mandatory Use Code of Civil Procedure, §§ 585–587, 1169 Judicial Council of California REQUEST FOR ENTRY OF DEFAULT www.courts.ca.gov CIV-100 [Rev. January 1, 2023] (Application to Enter Default) 1 CIV-100 CASE NUMBER: Plaintiff/Petitioner: JASON NEEL 22CV01758 Defendant/Respondent: SUPERIOR LOAN SERVICING, et al. 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5. Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date): June 22, 2023 (2) To (specify names and addresses shown on the envelopes): Cody Molica, 4360 Stony Point Rd, Santa Rosa, CA 95407-8352; Cody Molica, 1029 North Road, #175, Westfield, MA 01085 I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date: June 22, 2023 Alma Caliz (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees . . . . . . . . . . . . . . . . . . . . $ b. Process server's fees . . . . . . . . . . . . . . . . . $ c. Other (specify): $ d. $ e. TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ f. Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. I declare under penalty of perjury under the laws of the State of California that the foregoing item 7 is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 2 of 3 CIV-100 [Rev. January 1, 2023] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) 2 CIV-100 CASE NUMBER: Plaintiff/Petitioner: JASON NEEL 22CV01758 Defendant/Respondent: SUPERIOR LOAN SERVICING, et al. 8. Declaration of nonmilitary status (required for a judgment). No defendant/respondent named in item 1c is in the military service of the United States as defined by either the Servicemembers Civil Relief Act (see 50 U.S.C. § 3911(2)) or California Military and Veterans Code sections 400 and 402(f). I know that no defendant/respondent named in item 1c is in the U.S. military service because (check all that apply): a. the search results that I received from https://scra.dmdc.osd.mil/ say the defendant/respondent is not in the U.S. military service. b. I am in regular communication with the defendant/respondent and know that they are not in the U.S. military service. c. I recently contacted the defendant/respondent, and they told me that they are not in the U.S. military service. d. I know that the defendant/respondent was discharged from U.S. military service on or about (date): e. the defendant/respondent is not eligible to serve in the U.S. military because they are: incarcerated a business entity f. other (specify): Note • U.S. military status can be checked online at https://scra.dmdc.osd.mil/. • If the defendant/respondent is in the military service, or their military status is unknown, the defendant/respondent is entitled to certain rights and protections under federal and state law before a default judgment can be entered. • For more information, see https://selfhelp.courts.ca.gov/military-defaults. I declare under penalty of perjury under the laws of the State of California that the foregoing item 8 is true and correct. Date: June 22, 2023 Matt Delbridge (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 3 of 3 CIV-100 [Rev. January 1, 2023] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) 3 ATTORNEYOR PARTYWITHOUTATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY POS 010- f- JEFFREY H. LOWENTHAL,ESQ. ISBN: 111763 STEYER LOWENTHALBOODROOKASALVAREZ & SMITH 235 PINE STREET 15TH FLOORSAN FRANCISCO,CA 94104 ELECTRONICALLY FILED TELEPHONE NO.: (415) 421·3400 I FAX NO. (415) 421·22341E·MAIL ADDRESS (Optional): Superior Court of California ATTORNEY FOR (Name): DEFENDANTAND CROSS·COMPLAINANT: County of Santa Cruz 1/17/2023 2:09 PM SANTA CRUZ SUPERIOR COURT Clerk of the Court by Deputy, Karen Broughton STREETADDRESS: 701 OCEAN ST. MAILINGADDRESS: CITY AND ZIP CODE: SANTA CRUZ, CA 95060 BRANCHNAME: PLAINTIFF: JASON NEEL CASE NUMBER: DEFENDANT: SUPERIORLOAN 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.) HearingDate: Time: 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. D Summons b.. g Complaint C I"J 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'S 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) D 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 attar!fi (5) ~ I attach a declaration of diligence stating actions taken first to attempt personal service. Form Approved for MandatoryUse Code of Civil Procedure,§ 417.10 judicial Council of Califomia PROOF OF SERVICE OF SUMMONS POS·010[Rev. January 1, 2007] POS010-1/20505 ·747878· 4 PETITIONER: JASON NEEL CASE NUMBER: 22CV01758 RESPONDENT: SUPERIOR LOAN SERVICING, ET AL c. 0 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. x0 as an Individual defendant. b. as the person sued under the fictitious name of (specify): c. as occupant. d. [-1 On behalf of (specify): under the following Code of Civil Procedure section: 416.10 (corporation) 415.95 (business organization, form unknown) o 416.20 (defunct corporation) 416.60 (minor) n 416.30 Gointstock company/association) 416.70 (ward or conservatee) LJ 416.40 (association or partnership) 416.90 (authorized person) o 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) IJ not a registered California process server. (2) Q ex~mpt from r~gist,rationunder Business and Professions Code section 22350(b). (3) [] reQI~teredCalifornia pr~ss server: ~ . (I) LJ owner LJ employee 1. : Independent contractor. (ii) Registration No.: P-413 (iii) County: SONOMA 8. rJ I declare under penalty of pe~ury 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 Icertify that the foregoing is true and correct. Date: 111212023 ONE HOUR LEGAL 2920 CAMINO DIABLO WALNUT CREEK. CA 94597 (925) 947-3470 www.onehour.net E_8J_c.w~!"!Q~_ (SIGNATURE) (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) POS'()10 [Rev January 1, 2007] Page 2 of 2 PROOF OF SERVICE OF SUMMONS POS-01 Qf20505 5 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 MANAGEMENTCONFERENCE AND TRIAL SETTING CONFERENCE; FIRST AMENDED COMPLAINT; ANSWER TO FIRST AMENDED COMPLAINT Order#: 205051DocAtt2010 6 ---------_._._--_ _ __ __ _ .._. - ' ATTORNEY. OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number. and address) 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 FAXNO. (415)421·2234! E·MAIL ADDRESS (Opllonal); 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: ... - --.-- .. --.. -.----------. .. - _ -,-- .. -.. _ -..---------1 i PLAINTIFFIPETITIONER: JASON NEEL ' CASE NUMBER: ::::;~~-=-~ ~=~~~;:~:: I DEFEND. _ ==_-'---_:N=O_.-Or I 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 MOUCA as follows: ...._-_~~._j __F_!le_N-O_.:_N-:~:_-C_vn=J~_7:_:~L~- Documents: See Documents on Attached List I attempted personal service on the following dates and times with the following results: Date Time Location Results 12/1712022 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 WAS 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 12120/2022 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 1212212022 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 1212312022 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$4iJ S~~tHa~u~tE~Ar 3 2920 CAMINO DIABLO 100 Continued on J,d~~t~jJnder pena1txof perjury.that the foregOing is true '~ti~comrctand that this declaration was executed on January 12, 2023. WALNUT CREEK, CA 94597 (925) 947-3470 ~~~[iJ ~ }-r.: ERIC WALTON Order#: 20505 7 ATTORNEY ORPARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address) FOR COURT USE OIJL Y JEFFREY H. LOWENTHAL, ESQ. ISBN: 111763 f- STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH 235 PINE STREET 15TH FLOOR SAN FRANCISCO, CA 94104 TELEPHONE NO.:(415)421·3400 I FAA NO. (415) 421·22341 E·MAIL ADDRESS (Optional): ATTORNEY FOR(Namel: DEFENDANT ANDCROSS·COMPLAINANT: SANTA CRUZ SUPERIOR COURT STREET ADDRESS: 701 OCEAN ST. MAILING ADDRESS; CITYANDZIPCODE; SANTACRUZ, CA 95060 BRANCH NAME: PLAINTIFFIPETITIONER: JASON NEEL CASE NUMBER: DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING, ET AL 22CV01758 Ref. No.or FI~N0:NA' I"IEEL 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 1212912022 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 1/1212023 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 !""l L ....••. ONE HOUR LEGAL and correct and that this declaration was executed on 2920 CAMINO DIABLO 100 January 12, 2023. WALNUT CREEK, CA 94597 R:1'~Wtl!l (925) 947-3470 J"",,,: Signatur'C.e.~__ Sw~::_~~~.v.J'{k/-+-==:.._ _ ERIC WALTON _ _-..__._ . _ ....................................................................... AFFIDAVIT OF REASONABLE DILIGENCE Order#: 20505 8 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bar number. and address) 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 I FAX NO. (415) 421·2234 I E·MAIL ADDRESS (Oplior.al)' ATTORNEY FOR (Name), DEFENDANT AND CROSS-CQMPLAINANT' SANTA CRUZ SUPERIOR COURT STREET ADDRESS: 701 OCEAN ST. MAILING ADDRESS: CITY AND ZIP CODE SANTA CRUZ, CA 95060 BRANCH NAME: CASE NUMBER: PLAINTIFFIPETITIONER: JASON NEEL 22CV01758 DEFENDANT/RESPONDENT: SUPERIOR LOAN SERVICING. ET AL. 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 1/1212023 11:14AM Home Substituted service on: CODY MOLlCA; 4360 Stony Point Rd. Santa Rosa, CA 95407-8352; by serving: "JANE DOE" - OCCUPANT - DROP SERVE THRU WINDOW/REFUSED TO GET UP, W Female 60'S SEATED. Fee for Service: $ 524.00 County: SONOMA I declare under penalty of pe~ury that the foregoing is true MNJ Btl~~a~ITRN~Ecr;t13 and correct and that this declaration was executed on January 12, 2023. 2920 CAMINO DIABLO 100 WALNUT CREEK, CA 94597 (925) 947-3470 ~~J~ Order#: 20505 9 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 12920 CAMINO DIABLO I WALNUT CREEK, CA 94597 I (925) 947-3470 10 20505 Attorney or Party withoutAttorney: 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): TELEPHONENo.: (415) 421-3400 FAX No. (Optional) (415) 421-2234 Attorneyfor DEFENDANT AND CROSS-COMPLAINANT I Ref No. or File No.. NATC.JNEEL Insert name of Court. and judicial District and Branch Court: SANTA CRUZ SUPERIOR COURT - Plaintiff: JASON NEEL Defendant SUPERIOR LOAN SERVICING, ET AL. HEARING DATE: TIME: DEPT.: CASE NUMBER: PROOF OF SERVICE BY MAIL 22CV01758 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) 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 SETIING 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 I declare under penalty of perjury under the laws of County: the The State of California that the foregoing Registration: information contained in the return of service and statement of service fees is true and correct and that R ~9~~ ~~~~~E~~~LO WALNUT CREEK, CA 94597 this declaration was executed on January 12, 2023. (925) 947-3470 Ref: NATC.JNEEL Signature: k~. __ ~PETER . HOUSE PROOF OF SERVICE BY MAIL Order#: 20505/mailproof 11 CIV-130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Edward Egan Smith (SBN 169792); Matthew W. Delbridge (SBN 343636) ELECTRONICALLY FILED Steyer Lowenthal Boodrookas Alvarez & Smith LLP