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l JESSICA L. LEMOINE, SBN 128567
Attorney at Law
2 317 So. Brand Blvd. ~. ~
f‘ r ELI:U
Gléngiale’ LA 91304 Superior‘-Court of California
3 Mailing Address: P.O. Box 251450 CowydLpsNmebS
Glendale, CA 91225
4 Phone: (818) 543-5999 DEC 102018
F ' ’1-: 818 551-6829
5 acslml e ( ) Sherri H. Carter, cxecuuve Officer/Clerk
Attorney for Plaintiff ay Deputy
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF LOS ANGELES
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A11 L.A. COMMERCIAL GROUP, INC., ) CASE NO. KCO69859
a Corporation, dba )
12 CONTINENTAL COMMERCIAL )
GROUP, ) APPLICATION FOR ORDER FOR
13 Plaintiff, ) PUBLICATION OF SUMMONS
) [CCP SEC. 415.50];
14 ) MEMORANDUM OF POINTS AND
vs. ) AUTHORITIES IN SUPPORT
15 ) TIIEREOE‘; DECLARATIONS OE‘
) JESSICA L. LEMOINE, JON
16 LAURA JIMENEZ aka MARIA ) BIRD IN SUPPORT THEREOF;
LAURA JIMENEZ aka MARIA ) (PROPOSED) ORDER FOR
17 URIAS, individually, dba DEL ) PUBLICATION OF SUMMONS
FORWARDING AND TRADING/USA 3
18 FIRE PROTECTION; VINCENT )
JIMENEZ aka JOSE V. JIMlL‘NEZ, )
19 individually, dba DFL )
FORWARDING AND TRADING/USA )
20 FIRE PROTECTION; )
)
21 Defendant(s). )
_____ )
22
23 Plaintiff, through their attorney of record, hereby
24 applies for an order directing service of Summons on the
25 Defendant, VINCENT JIMENEZ aka JOSE V. JIMENEZ, individually,
26 dba DETL. FORWARDING AND TRADING/USA FIRE PROTECTION, by
27 publication in a newspaper of general circulation, pursuant to
28 Code of Civil Procedure Section 415.50.
.-‘IPPIJ CATION FOR ORDER FOP. F'U13LI’CA'X‘IO!\‘ OF SUl”‘J‘1C'NL">
‘ O ' O
' 1 Such application is made upon the grounds that said
2 Defendant cannot with reasonable diligence be located and
3 served in any other manner specified in Code of Civil Procedure
4 Sections 415.10 through 415.3, and that as shown by the 1
5 complaint on file herein, a cause of action on an open book
6 account exists against said Defendant.
7 Such application is based on the attached Memorandum of -
8 Points and Authorities, Declarations of JESSICA L. LEMOINE, and
9 Jon Bird, Exhibits, and the complete files and records of the
10 Court pertaining to this action.
11
12 Respectfully Submitted,
13 _ ,v ../1)
14 Date: November 29, 2018 Qij /é:>§§§::i%%%y__________
JESSICA L. L M INEI
15 A Attorney at Law
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APPLICATION FOR ORDER
2
FOR. PUBLICATION OF SUMMDNS
. ' D 1 .
1 MMORANDUM OF POINTS AND AUTHORITIES
2 1.
3 INTRODUCTION
4 Plaintiff is a collection agency that has been assigned an
5 account for collection by Potter Roemer, a Member of Morris
6 Group International, formerly known as the Acorn Family of
7 Companies, against Defendant, VINCENT JIMENEZ aka JOSE V.
8 JIMENEZ, individually, dba DFL FORWARDING AND TRADING/USA FIRE
9 PROTECTION.
10 Plaintiff's assignor provided goods, wares, and
11 merchandise sold and delivered to Defendant upon Defendant's
12 request in the sum of $88,499.00. Despite demand therefore,
13 Defendant has failed and continues to refuse to tender payment
14 of the outstanding balance.
15 2.
16 STATEMENT OF FACTS
17 Plaintiff filed its Complaint on December 4, 2017 and
18 First Amended Complaint on April 2, 2018. Upon receipt of the
19 issued Summons and conformed copy of the Complaint, Plaintiff
20 located Defendant at the address of 6401 Santa Monica Ave. NE
21 Apt. 2125, Albuquerque, NM 87109. A registered California
22 Process Server attempted to effectuate service of process upon
23 Defendant from August 3, 2018 through August 14, 2018. The
24 Declaration stated that there is no answer at the door, no
25 noise inside and no movement and no lights. A true and correct
26 copy of the Non—Service Report for the aforementioned service
27 attempt is attached hereto and marked as Exhibit "1".
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}\PPL.1'CI{\'l"ION
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FOR ORD}:‘.R F01". FUBLI CA'1‘lON O13‘ SUMHONS
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1 On or about August 23, 2018, Plaintiff sent a Request for
2 Change of Address or Boxholder information Need for Service of
3 Legal Process to the post office. On or about September 4,
4 2018, Plaintiff received the request back from the post office
5 stating that there is no change of address order on file.
6 3.
7 CONCLUSION
8 Unfortunately, all attempts to serve Defendant with the
9 Summons and Complaint have been unsuccessful as there is no
10 answer at the door, no noise inside and no movement and no
11 lights. Plaintiff knows of no other service address for
12 Defendant.
13 As all other efforts to effectuate service of process on
14 Defendant have been exhausted, Plaintiff believes that as a
15 last resort, it is necessary to serve Defendant by publication
16 in the Health City Sun, the Albuquerque, New Mexico newspaper
17 of general circulation, as it is known that this is Defendant's
18 area of residence. .
19 Therefore, plaintiff respectfully requests that this Court
20 grant its request for an order for publication of the Summons
21 and Complaint in this matter.
22 Respectfully Submitted,
23 ..»-”’''"'L’ .
2./,"2.4,.-»,....k':f;3.~—’
24 _Date: December 6, 2018 A54” ”’*é“x T5
JESSICA T... LE2‘ OINE
25 Attorney at Law
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!s£'PLICA'1‘1ON FOP. OPJJEIR. E"’~f)R l’UISI,1.(.‘.-'\.'l‘I".3-N O1-‘ SUI~1!~':OT~ES
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° ' 0 ’ ’ 0 l JESSICA L. LEMOINE, SBN 128567 Attorney at Law 2 317 So. Brand Blvd. ~. ~ f‘ r ELI:U Gléngiale’ LA 91304 Superior‘-Court of California 3 Mailing Address: P.O. Box 251450 CowydLpsNmebS Glendale, CA 91225 4 Phone: (818) 543-5999 DEC 102018 F ' ’1-: 818 551-6829 5 acslml e ( ) Sherri H. Carter, cxecuuve Officer/Clerk Attorney for Plaintiff ay Deputy 6 .nam1.2!_ fan) 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES 10 A11 L.A. COMMERCIAL GROUP, INC., ) CASE NO. KCO69859 a Corporation, dba ) 12 CONTINENTAL COMMERCIAL ) GROUP, ) APPLICATION FOR ORDER FOR 13 Plaintiff, ) PUBLICATION OF SUMMONS ) [CCP SEC. 415.50]; 14 ) MEMORANDUM OF POINTS AND vs. ) AUTHORITIES IN SUPPORT 15 ) TIIEREOE‘; DECLARATIONS OE‘ ) JESSICA L. LEMOINE, JON 16 LAURA JIMENEZ aka MARIA ) BIRD IN SUPPORT THEREOF; LAURA JIMENEZ aka MARIA ) (PROPOSED) ORDER FOR 17 URIAS, individually, dba DEL ) PUBLICATION OF SUMMONS FORWARDING AND TRADING/USA 3 18 FIRE PROTECTION; VINCENT ) JIMENEZ aka JOSE V. JIMlL‘NEZ, ) 19 individually, dba DFL ) FORWARDING AND TRADING/USA ) 20 FIRE PROTECTION; ) ) 21 Defendant(s). ) _____ ) 22 23 Plaintiff, through their attorney of record, hereby 24 applies for an order directing service of Summons on the 25 Defendant, VINCENT JIMENEZ aka JOSE V. JIMENEZ, individually, 26 dba DETL. FORWARDING AND TRADING/USA FIRE PROTECTION, by 27 publication in a newspaper of general circulation, pursuant to 28 Code of Civil Procedure Section 415.50. .-‘IPPIJ CATION FOR ORDER FOP. F'U13LI’CA'X‘IO!\‘ OF SUl”‘J‘1C'NL"> ‘ O ' O ' 1 Such application is made upon the grounds that said 2 Defendant cannot with reasonable diligence be located and 3 served in any other manner specified in Code of Civil Procedure 4 Sections 415.10 through 415.3, and that as shown by the 1 5 complaint on file herein, a cause of action on an open book 6 account exists against said Defendant. 7 Such application is based on the attached Memorandum of - 8 Points and Authorities, Declarations of JESSICA L. LEMOINE, and 9 Jon Bird, Exhibits, and the complete files and records of the 10 Court pertaining to this action. 11 12 Respectfully Submitted, 13 _ ,v ../1) 14 Date: November 29, 2018 Qij /é:>§§§::i%%%y__________ JESSICA L. L M INEI 15 A Attorney at Law 16 17 ‘ 18 19 20 21 h 22 23 24 25 26 27 if-;_~f; 28 APPLICATION FOR ORDER 2 FOR. PUBLICATION OF SUMMDNS . ' D 1 . 1 MMORANDUM OF POINTS AND AUTHORITIES 2 1. 3 INTRODUCTION 4 Plaintiff is a collection agency that has been assigned an 5 account for collection by Potter Roemer, a Member of Morris 6 Group International, formerly known as the Acorn Family of 7 Companies, against Defendant, VINCENT JIMENEZ aka JOSE V. 8 JIMENEZ, individually, dba DFL FORWARDING AND TRADING/USA FIRE 9 PROTECTION. 10 Plaintiff's assignor provided goods, wares, and 11 merchandise sold and delivered to Defendant upon Defendant's 12 request in the sum of $88,499.00. Despite demand therefore, 13 Defendant has failed and continues to refuse to tender payment 14 of the outstanding balance. 15 2. 16 STATEMENT OF FACTS 17 Plaintiff filed its Complaint on December 4, 2017 and 18 First Amended Complaint on April 2, 2018. Upon receipt of the 19 issued Summons and conformed copy of the Complaint, Plaintiff 20 located Defendant at the address of 6401 Santa Monica Ave. NE 21 Apt. 2125, Albuquerque, NM 87109. A registered California 22 Process Server attempted to effectuate service of process upon 23 Defendant from August 3, 2018 through August 14, 2018. The 24 Declaration stated that there is no answer at the door, no 25 noise inside and no movement and no lights. A true and correct 26 copy of the Non—Service Report for the aforementioned service 27 attempt is attached hereto and marked as Exhibit "1". 28 }\PPL.1'CI{\'l"ION 3 FOR ORD}:‘.R F01". FUBLI CA'1‘lON O13‘ SUMHONS ., - I’ . ' O O 1 On or about August 23, 2018, Plaintiff sent a Request for 2 Change of Address or Boxholder information Need for Service of 3 Legal Process to the post office. On or about September 4, 4 2018, Plaintiff received the request back from the post office 5 stating that there is no change of address order on file. 6 3. 7 CONCLUSION 8 Unfortunately, all attempts to serve Defendant with the 9 Summons and Complaint have been unsuccessful as there is no 10 answer at the door, no noise inside and no movement and no 11 lights. Plaintiff knows of no other service address for 12 Defendant. 13 As all other efforts to effectuate service of process on 14 Defendant have been exhausted, Plaintiff believes that as a 15 last resort, it is necessary to serve Defendant by publication 16 in the Health City Sun, the Albuquerque, New Mexico newspaper 17 of general circulation, as it is known that this is Defendant's 18 area of residence. . 19 Therefore, plaintiff respectfully requests that this Court 20 grant its request for an order for publication of the Summons 21 and Complaint in this matter. 22 Respectfully Submitted, 23 ..»-”’''"'L’ . 2./,"2.4,.-»,....k':f;3.~—’ 24 _Date: December 6, 2018 A54” ”’*é“x T5 JESSICA T... LE2‘ OINE 25 Attorney at Law 26 27 28 !s£'PLICA'1‘1ON FOP. OPJJEIR. E"’~f)R l’UISI,1.(.‘.-'\.'l‘I".3-N O1-‘ SUI~1!~':OT~ES