On November 16, 2021 a
78293Proof00e671
was filed
involving a dispute between
City Of Salinas,
Ntn Properties Llc,
Daniel Ortega,
Diane Middaugh,
Kevin Smith,
Louie Montano,
Louis Montano,
Maira Arellano,
Michael Montano,
Robert Rosett,
Yoselin Garcia,
and
Arturo Alarcon,
Austin Alarcon,
Blfa Properties Llc,
Bryan Caballero Tena,
City Of Salinas,
Gino'S Fine Italian Food, Inc.,
Gino'S Restaurant, Inc.,
Ginos Restaurant, Inc,
Ngochao Thi Nguyen,
Ntn Properties Llc,
Ralph Bozzo,
Rosaura Arcos Paniagua,
for Other PI/PD/WD Unlimited (23)
in the District Court of Monterey County.
Preview
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
OWILI K. EISON, ESQ. | SBN: 271802
BD&J, PC
9701 Wilshire Blvd Fl 12 Beverly Hills, CA 902122020
TELEPHONE NO.: (310) 887-1818 | FAX NO. (310) 887-1880 | E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Plaintiff: Daniel Ortega, an individual; et al
MONTEREY COUNTY SUPERIOR COURT
STREET ADDRESS: 1200 AGUAJITO RD.
MAILING ADDRESS:
CITY AND ZIP CODE: MONTEREY, CA 93940
BRANCH NAME: MONTEREY BRANCH
PLAINTIFF: Daniel Ortega, an individual; et al CASE NUMBER:
DEFENDANT: Gino's Restaurant Inc.; et al Lead: 21CV003635 Consolidated w/
22CV003598
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS 7775207-02
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. Summons
b. Complaint
c. Alternative Dispute Resolution (ADR) package
d. Civil Case Cover Sheet
e. Cross-complaint
f. other (specify documents): Summons on First Amended Complaint; First Amended Complaint
3. a. Party served (specify name of party as shown on documents served):
GINO'S FINE ITALIAN FOOD, INC.
b. 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):
RALPH BOZZO - AGENT FOR SERVICE
4. Address where the party was served: 22715 Picador Dr
Salinas, CA 93908-1117
5. I served the party (check proper box)
a. 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): 6/25/2023 at (time): 11:03 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):
SUSAN BOZZO - WIFE
Age: 50'S Weight: 160 Hair: BROWN Sex: Female
Height: 5'6" Eyes: Race: WHITE
(1) (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) (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 the documents on
(date): from (city): or a declaration of mailing is attached.
(5) I attach a declaration of diligence stating actions taken first to attempt personal service.
Page 1 of 2
Form Approved for Mandatory Use Code of Civil Procedure, § 417.10
Judicial Council of California PROOF OF SERVICE OF SUMMONS
POS-010 [Rev. January 1, 2007] POS010-1/LL55522
PETITIONER: Daniel Ortega, an individual; et al CASE NUMBER:
Lead: 21CV003635 Consolidated w/ 22CV003598
RESPONDENT: Gino's Restaurant Inc.; 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 Civ. 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. as an individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as occupant.
d. On behalf of (specify): GINO'S FINE ITALIAN FOOD, INC.
under the following Code of Civil Procedure section:
416.10 (corporation) 415.95 (business organization, form unknown)
416.20 (defunct corporation) 416.60 (minor)
416.30 (joint stock company/association) 416.70 (ward or conservatee)
416.40 (association or partnership) 416.90 (authorized person)
416.50 (public entity) 415.46 (occupant)
other:
7. Person who served papers
a. Name: KATHLEEN HALE - TRUE LEGAL SUPPORT, INC.
b. Address: 5068 Don Pio Dr Woodland Hills, CA 91364-3107
c. Telephone number: (310) 526-4042
d. The fee for service was: $141.50
e. I am:
(1) not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) registered California process server:
(i) owner employee independent contractor.
(ii) Registration No.: 173
(iii) County: MONTEREY
8. 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: 6/26/2023
TRUE LEGAL SUPPORT, INC.
5068 Don Pio Dr
Woodland Hills, CA 913643107
(310) 526-4042
KATHLEEN HALE
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)
POS-010 [Rev January 1, 2007] Page 2 of 2
PROOF OF SERVICE OF SUMMONS
POS-010/LL55522
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
OWILI K. EISON, ESQ. | SBN: 271802
BD&J, PC
9701 Wilshire Blvd Fl 12 Beverly Hills, CA 902122020
TELEPHONE NO.: (310) 887-1818 | FAX NO. (310) 887-1880 | E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Plaintiff: Daniel Ortega, an individual; et al
MONTEREY COUNTY SUPERIOR COURT
STREET ADDRESS: 1200 AGUAJITO RD.
MAILING ADDRESS:
CITY AND ZIP CODE: MONTEREY, CA 93940
BRANCH NAME: MONTEREY BRANCH
PLAINTIFF/PETITIONER: Daniel Ortega, an individual; et al CASE NUMBER:
DEFENDANT/RESPONDENT: Gino's Restaurant Inc.; et al Lead: 21CV003635 Consolidated w/ 22CV003598
Ref. No. or File No.:
DECLARATION OF DILIGENCE 7775207-02
I, KATHLEEN HALE , declare: I am a Registered Process Server and was retained to serve process in the above-referenced
matter on the following person or entity: GINO'S FINE ITALIAN FOOD, INC. as follows:
Documents:
Summons on First Amended Complaint; First Amended Complaint
I attempted personal service on the following dates and times with the following results:
Date Time Location Results
6/23/2023 6:30 PM Home Tried residence. No answer at the door. - KATHLEEN HALE
22715 Picador Dr, Salinas, CA 939081117
6/24/2023 10:20 AM Home Tried residence. No answer at the door. - KATHLEEN HALE
22715 Picador Dr, Salinas, CA 939081117
6/25/2023 11:03 AM Home Substituted service effected. Subject was home, but not available
to come to the door. - KATHLEEN HALE
22715 Picador Dr, Salinas, CA 939081117
6/25/2023 11:03 AM Home Substituted service on: GINO'S FINE ITALIAN FOOD, INC.; 22715
Picador Dr, Salinas, CA 93908-1117; by serving: SUSAN BOZZO -
WIFE, WHITE Female 50'S 160 BROWN 5'6" .
Fee for Service:
County: MONTEREY
Registration No.: 173 I declare under penalty of perjury that the foregoing is true
TRUE LEGAL SUPPORT, INC. and correct and that this declaration was executed on June
5068 Don Pio Dr 26, 2023.
Woodland Hills, CA 913643107
(310) 526-4042
Ref: 7775207-02
Signature:
KATHLEEN HALE
AFFIDAVIT OF REASONABLE DILIGENCE
Order#: LL55522
Attorney or Party without Attorney: FOR COURT USE ONLY
OWILI K. EISON, ESQ., SBN: 271802
BD&J, PC
9701 Wilshire Blvd Fl 12
Beverly Hills, CA 902122020 E-MAIL ADDRESS (Optional):
TELEPHONE No.: (310) 887-1818 FAX No. (Optional): (310) 887-1880
Attorney for: Plaintiff Daniel Ortega, an individual; et al
Ref No. or File No.:
7775207-02
Insert name of Court, and Judicial District and Branch Court:
MONTEREY COUNTY SUPERIOR COURT - MONTEREY BRANCH
Plaintiff: Daniel Ortega, an individual; et al
Defendant: Gino's Restaurant Inc.; et al
PROOF OF SERVICE HEARING DATE: TIME: DEPT.: CASE NUMBER:
BY MAIL
Lead: 21CV003635 Consolidated w/ 22CV003598
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 Summons on First Amended Complaint; 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 Chino Hills, California, addressed as follows:
a. Date of Mailing: June 26, 2023
b. Place of Mailing: Chino Hills, CA
c. Addressed as follows: GINO'S FINE ITALIAN FOOD, INC.
ATTENTION: RALPH BOZZO - AGENT FOR SERVICE
22715 Picador Dr
Salinas, CA 93908-1117
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 Chino
Hills, California in the ordinary course of business.
Fee for Service:
TRUE LEGAL SUPPORT, INC. I declare under penalty of perjury under the laws of the
5068 Don Pio Dr The State of California that the foregoing information
Woodland Hills, CA 913643107 contained in the return of service and statement of
(310) 526-4042 service fees is true and correct and that this declaration
Ref: 7775207-02 was executed on June 26, 2023.
Signature:
KRISTIN SHABINAW
PROOF OF SERVICE BY MAIL
Order#: LL55522/mailproof
Preview
POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY OWILI K. EISON, ESQ. | SBN: 271802 BD&J, PC 9701 Wilshire Blvd Fl 12 Beverly Hills, CA 902122020 TELEPHONE NO.: (310) 887-1818 | FAX NO. (310) 887-1880 | E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff: Daniel Ortega, an individual; et al MONTEREY COUNTY SUPERIOR COURT STREET ADDRESS: 1200 AGUAJITO RD. MAILING ADDRESS: CITY AND ZIP CODE: MONTEREY, CA 93940 BRANCH NAME: MONTEREY BRANCH PLAINTIFF: Daniel Ortega, an individual; et al CASE NUMBER: DEFENDANT: Gino's Restaurant Inc.; et al Lead: 21CV003635 Consolidated w/ 22CV003598 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS 7775207-02 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. Summons b. Complaint c. Alternative Dispute Resolution (ADR) package d. Civil Case Cover Sheet e. Cross-complaint f. other (specify documents): Summons on First Amended Complaint; First Amended Complaint 3. a. Party served (specify name of party as shown on documents served): GINO'S FINE ITALIAN FOOD, INC. b. 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): RALPH BOZZO - AGENT FOR SERVICE 4. Address where the party was served: 22715 Picador Dr Salinas, CA 93908-1117 5. I served the party (check proper box) a. 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): 6/25/2023 at (time): 11:03 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): SUSAN BOZZO - WIFE Age: 50'S Weight: 160 Hair: BROWN Sex: Female Height: 5'6" Eyes: Race: WHITE (1) (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) (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 the documents on (date): from (city): or a declaration of mailing is attached. (5) I attach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2 Form Approved for Mandatory Use Code of Civil Procedure, § 417.10 Judicial Council of California PROOF OF SERVICE OF SUMMONS POS-010 [Rev. January 1, 2007] POS010-1/LL55522 PETITIONER: Daniel Ortega, an individual; et al CASE NUMBER: Lead: 21CV003635 Consolidated w/ 22CV003598 RESPONDENT: Gino's Restaurant Inc.; 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 Civ. 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. as an individual defendant. b. as the person sued under the fictitious name of (specify): c. as occupant. d. On behalf of (specify): GINO'S FINE ITALIAN FOOD, INC. under the following Code of Civil Procedure section: 416.10 (corporation) 415.95 (business organization, form unknown) 416.20 (defunct corporation) 416.60 (minor) 416.30 (joint stock company/association) 416.70 (ward or conservatee) 416.40 (association or partnership) 416.90 (authorized person) 416.50 (public entity) 415.46 (occupant) other: 7. Person who served papers a. Name: KATHLEEN HALE - TRUE LEGAL SUPPORT, INC. b. Address: 5068 Don Pio Dr Woodland Hills, CA 91364-3107 c. Telephone number: (310) 526-4042 d. The fee for service was: $141.50 e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) registered California process server: (i) owner employee independent contractor. (ii) Registration No.: 173 (iii) County: MONTEREY 8. 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: 6/26/2023 TRUE LEGAL SUPPORT, INC. 5068 Don Pio Dr Woodland Hills, CA 913643107 (310) 526-4042 KATHLEEN HALE (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) POS-010 [Rev January 1, 2007] Page 2 of 2 PROOF OF SERVICE OF SUMMONS POS-010/LL55522 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY OWILI K. EISON, ESQ. | SBN: 271802 BD&J, PC 9701 Wilshire Blvd Fl 12 Beverly Hills, CA 902122020 TELEPHONE NO.: (310) 887-1818 | FAX NO. (310) 887-1880 | E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff: Daniel Ortega, an individual; et al MONTEREY COUNTY SUPERIOR COURT STREET ADDRESS: 1200 AGUAJITO RD. MAILING ADDRESS: CITY AND ZIP CODE: MONTEREY, CA 93940 BRANCH NAME: MONTEREY BRANCH PLAINTIFF/PETITIONER: Daniel Ortega, an individual; et al CASE NUMBER: DEFENDANT/RESPONDENT: Gino's Restaurant Inc.; et al Lead: 21CV003635 Consolidated w/ 22CV003598 Ref. No. or File No.: DECLARATION OF DILIGENCE 7775207-02 I, KATHLEEN HALE , declare: I am a Registered Process Server and was retained to serve process in the above-referenced matter on the following person or entity: GINO'S FINE ITALIAN FOOD, INC. as follows: Documents: Summons on First Amended Complaint; First Amended Complaint I attempted personal service on the following dates and times with the following results: Date Time Location Results 6/23/2023 6:30 PM Home Tried residence. No answer at the door. - KATHLEEN HALE 22715 Picador Dr, Salinas, CA 939081117 6/24/2023 10:20 AM Home Tried residence. No answer at the door. - KATHLEEN HALE 22715 Picador Dr, Salinas, CA 939081117 6/25/2023 11:03 AM Home Substituted service effected. Subject was home, but not available to come to the door. - KATHLEEN HALE 22715 Picador Dr, Salinas, CA 939081117 6/25/2023 11:03 AM Home Substituted service on: GINO'S FINE ITALIAN FOOD, INC.; 22715 Picador Dr, Salinas, CA 93908-1117; by serving: SUSAN BOZZO - WIFE, WHITE Female 50'S 160 BROWN 5'6" . Fee for Service: County: MONTEREY Registration No.: 173 I declare under penalty of perjury that the foregoing is true TRUE LEGAL SUPPORT, INC. and correct and that this declaration was executed on June 5068 Don Pio Dr 26, 2023. Woodland Hills, CA 913643107 (310) 526-4042 Ref: 7775207-02 Signature: KATHLEEN HALE AFFIDAVIT OF REASONABLE DILIGENCE Order#: LL55522 Attorney or Party without Attorney: FOR COURT USE ONLY OWILI K. EISON, ESQ., SBN: 271802 BD&J, PC 9701 Wilshire Blvd Fl 12 Beverly Hills, CA 902122020 E-MAIL ADDRESS (Optional): TELEPHONE No.: (310) 887-1818 FAX No. (Optional): (310) 887-1880 Attorney for: Plaintiff Daniel Ortega, an individual; et al Ref No. or File No.: 7775207-02 Insert name of Court, and Judicial District and Branch Court: MONTEREY COUNTY SUPERIOR COURT - MONTEREY BRANCH Plaintiff: Daniel Ortega, an individual; et al Defendant: Gino's Restaurant Inc.; et al PROOF OF SERVICE HEARING DATE: TIME: DEPT.: CASE NUMBER: BY MAIL Lead: 21CV003635 Consolidated w/ 22CV003598 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 Summons on First Amended Complaint; 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 Chino Hills, California, addressed as follows: a. Date of Mailing: June 26, 2023 b. Place of Mailing: Chino Hills, CA c. Addressed as follows: GINO'S FINE ITALIAN FOOD, INC. ATTENTION: RALPH BOZZO - AGENT FOR SERVICE 22715 Picador Dr Salinas, CA 93908-1117 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 Chino Hills, California in the ordinary course of business. Fee for Service: TRUE LEGAL SUPPORT, INC. I declare under penalty of perjury under the laws of the 5068 Don Pio Dr The State of California that the foregoing information Woodland Hills, CA 913643107 contained in the return of service and statement of (310) 526-4042 service fees is true and correct and that this declaration Ref: 7775207-02 was executed on June 26, 2023. Signature: KRISTIN SHABINAW PROOF OF SERVICE BY MAIL Order#: LL55522/mailproof