On June 27, 2023 a
No Value
was filed
involving a dispute between
Santander Bank,
and
California Franchise Tax Board, A Governmental Entity,
Cynthia H. Brown, An Individual In Her Individual Capacity And As Trustee For The Rocco M. And Cynthia H. Brown 1998 Revocable Family Trust Established January 6, 1988,
Monterey One Water Fka Monterey Regional Water Pollution Control Agency, A Public Agency,
Monterey Peninsula Regional Park District, A Public Agency,
Rocco M. Brown, An Individual In His Individual Capacity And As Trustee For The Rocco M. And Cynthia H. Brown 1998 Revocable Family Trust Established January 6, 1988,
for Other Real Property Unlimited (26)
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
~
Nicolas Matayron, Esq, (WSBA #55613)
MALCOLM CISNEROS - LITGATION
2112 Business Center Drive Irvine, CA 92612
TELEPHONE NO.: (949) 252-9400 I FAX NO. I E-MAIL ADDRESS nmatayron@mclaw.org
ATTORNEY FOR (Name): Plaintiff: SANTANDER BANK
Monterey County Superior Court
STREET ADDRESS: 1200 Aguajito Road
CITY AND zIP CODE: Monterey, CA 93940
BRANCH NAME:
PLAINTIFF/PETITIONER: SANTANDER BANK
CASE NUMBER:
DEFENDANT/RESPONDENT: ROCCO M. BROWN , an individual etc. ; et al.
23CV002026
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS B71482-1
(Separate proof of service is required for each party served.)
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. D Cross-Complaint
f. ~ other (specify documents) : Notice of Pendency of Action; Notice of Assignment and Case Management Conference
3. a. Party served (specify name of party as shown on documents served):
MONTEREY ONE WATER fka MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY, a public
agency
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):
Margarita Hernandez - Clerk of the Board
Age: 40's I Weight: 250 I Hair: brown/gray I Sex: Male I Height: 5'3" I Eyes: I Race: Hispanic
4. Address where the party was served: 168 W Alisal St Fl 3rd
Salinas, CA 93901-2439
5. I s~d the party (check proper box)
a. lY'.I 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): 7/17/2023 (2) at (time): 9:29 PM
b. D by substituted service. On (date): at (time): I left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3):
(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) D (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 the documents on
(date) : from (city) : or D
a declaration of mailing is attached.
(5) D 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/OC140589A
PETITIONER: SANTANDER BANK CASE NUMBER:
23CV002026
RESPONDENT: ROCCO M. BROWN, an individual etc.; et al.
c. D 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) D 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) D to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
d. D by other means (specify means of service and authorizing code section) :
D
Additional page describing service is attached.
6. The "Notice to the Person Served" (on the summons) was completed as follows :
a. D as an individual defendant.
b. D as the person sued under the fictitious name of (specify):
c. D as occupant.
d. ~ On behalf of MONTEREY ONE WATER fka MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY, a
public agency
under the following Code of Civil Procedure section:
416.10 (corporation) D 415.95 (business organization, form unknown)
416.20 {defunct corporation) D 416.60 (minor)
416.30 Uoint stock company/association) D 416.70 (ward or conservatee)
416.40 (association or partnership) D 416.90 (authorized person)
416.50 (public entity) D 415.46 (occupant)
D other:
7. Person who served papers
a. Name: Mileena Mossey - Nationwide Legal, LLC REG: 12-234648
b. Address : 901 W. Civic Center Drive, Suite# 190 Santa Ana, CA 92703
c. Telephone number: (714) 558-2400
d. The fee for service was : $ 183.00
e. I am:
(1) Dnot a registered California process server.
(2) D, exempt from registration under Business and Professions Code section 22350{b).
(3) ~ re~tered California process server:
(i) LJ owner D
employee D
independent contractor.
(ii) Registration No.: PS0241
(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. D I am a California sheriff or marshal and I certify that the foregoing is true and correct.
Date: 7/18/2023
Nationwide Legal, LLC
N 901 W. Civic Center Drive, Suite# 190
Santa Ana, CA 92703
(714) 558-2400
www .nationwideasap.com
Mileena Mossey
(NA ME OF PERSON W HO SERVED PAPERS/SHERIFF OR MARSHA L) (SIGNATURE)
POS-010 [Rev January 1, 2007] Page 2 of 2
PROOF OF SERVICE OF SUMMONS
POS-010/OC140589A
Document Filed Date
July 20, 2023
Case Filing Date
June 27, 2023
Category
Other Real Property Unlimited (26)
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POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY ~ Nicolas Matayron, Esq, (WSBA #55613) MALCOLM CISNEROS - LITGATION 2112 Business Center Drive Irvine, CA 92612 TELEPHONE NO.: (949) 252-9400 I FAX NO. I E-MAIL ADDRESS nmatayron@mclaw.org ATTORNEY FOR (Name): Plaintiff: SANTANDER BANK Monterey County Superior Court STREET ADDRESS: 1200 Aguajito Road CITY AND zIP CODE: Monterey, CA 93940 BRANCH NAME: PLAINTIFF/PETITIONER: SANTANDER BANK CASE NUMBER: DEFENDANT/RESPONDENT: ROCCO M. BROWN , an individual etc. ; et al. 23CV002026 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS B71482-1 (Separate proof of service is required for each party served.) 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. D Cross-Complaint f. ~ other (specify documents) : Notice of Pendency of Action; Notice of Assignment and Case Management Conference 3. a. Party served (specify name of party as shown on documents served): MONTEREY ONE WATER fka MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY, a public agency 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): Margarita Hernandez - Clerk of the Board Age: 40's I Weight: 250 I Hair: brown/gray I Sex: Male I Height: 5'3" I Eyes: I Race: Hispanic 4. Address where the party was served: 168 W Alisal St Fl 3rd Salinas, CA 93901-2439 5. I s~d the party (check proper box) a. lY'.I 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): 7/17/2023 (2) at (time): 9:29 PM b. D by substituted service. On (date): at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (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) D (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 the documents on (date) : from (city) : or D a declaration of mailing is attached. (5) D 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/OC140589A PETITIONER: SANTANDER BANK CASE NUMBER: 23CV002026 RESPONDENT: ROCCO M. BROWN, an individual etc.; et al. c. D 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) D 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) D to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d. D by other means (specify means of service and authorizing code section) : D Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows : a. D as an individual defendant. b. D as the person sued under the fictitious name of (specify): c. D as occupant. d. ~ On behalf of MONTEREY ONE WATER fka MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY, a public agency under the following Code of Civil Procedure section: 416.10 (corporation) D 415.95 (business organization, form unknown) 416.20 {defunct corporation) D 416.60 (minor) 416.30 Uoint stock company/association) D 416.70 (ward or conservatee) 416.40 (association or partnership) D 416.90 (authorized person) 416.50 (public entity) D 415.46 (occupant) D other: 7. Person who served papers a. Name: Mileena Mossey - Nationwide Legal, LLC REG: 12-234648 b. Address : 901 W. Civic Center Drive, Suite# 190 Santa Ana, CA 92703 c. Telephone number: (714) 558-2400 d. The fee for service was : $ 183.00 e. I am: (1) Dnot a registered California process server. (2) D, exempt from registration under Business and Professions Code section 22350{b). (3) ~ re~tered California process server: (i) LJ owner D employee D independent contractor. (ii) Registration No.: PS0241 (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. D I am a California sheriff or marshal and I certify that the foregoing is true and correct. Date: 7/18/2023 Nationwide Legal, LLC N 901 W. Civic Center Drive, Suite# 190 Santa Ana, CA 92703 (714) 558-2400 www .nationwideasap.com Mileena Mossey (NA ME OF PERSON W HO SERVED PAPERS/SHERIFF OR MARSHA L) (SIGNATURE) POS-010 [Rev January 1, 2007] Page 2 of 2 PROOF OF SERVICE OF SUMMONS POS-010/OC140589A