On July 03, 2023 a
Proof of Service
was filed
involving a dispute between
Clements, Kathryn,
and
Comelli, Donna L,
Comelli, John,
Roubal, Ryan,
for (37) Unlimited Other Contract
in the District Court of Santa Cruz County.
Preview
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Ralph P. Guenther, Esq. SBN 124245
Guenther Law Group
1000 Pajaro Street, Suite C
Salinas, CA 93901
TELEPHONE NO.: (831) 783-3440 FAX NO. (Optional): (831) 796-0390
E-MAIL ADDRESS (Optional): rguenther@guentherlawgroup.com
ATTORNEY FOR (Name): Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS:1200 Aguajito Road
MAILING ADDRESS:1200 Aguajito Road
CITY AND ZIP CODE:Monterey, CA 93940
BRANCH NAME:Monterey
PLAINTIFF/PETITIONER: KATHRYN CLEMENTS CASE NUMBER:
23CV01564
DEFENDANT/RESPONDENT: RYAN ROUBAL, an individual, JOHN COMELLI and DONNA L. COMELLI, et al.
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS
(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 (served in complex cases only)
e. cross-complaint
f. other (specify documents):
3. a. Party served (specify name of party as shown on documents served):
DONNA L. COMELLI
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):
4. Address where the party was served:
116 HEATH STREET, SANTA CRUZ, CA 95060
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): 7/21/2023 (2) at (time): 8:35 AM
b. 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) (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 or 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 or 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 Adopted for Mandatory Use Code of Civil Procedure, § 417.10
Judicial Council of California PROOF OF SERVICE OF SUMMONS
POS-010 [Rev. January 1, 2007]
POS-010
PLAINTIFF/PETITIONER: KATHRYN CLEMENTS CASE NUMBER:
DEFENDANT/RESPONDENT: JOHN COMELLI and DONNA COMELLI, et al. 23CV01564
5. 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):
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: John DiCarlo
b. Address: P.O. Box 143, Marina, CA 93933
c. Telephone number: (831) 809-4286
d. The fee for service was: $ 125.00
e. I am:
(1) not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) ✖ a registered California process server:
(i) ✖ owner employee independent contractor.
(ii) Registration No.: 33
(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: 8/17/2023
John DiCarlo
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)
POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2
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Document Filed Date
August 17, 2023
Case Filing Date
July 03, 2023
Category
(37) Unlimited Other Contract
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POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Ralph P. Guenther, Esq. SBN 124245 Guenther Law Group 1000 Pajaro Street, Suite C Salinas, CA 93901 TELEPHONE NO.: (831) 783-3440 FAX NO. (Optional): (831) 796-0390 E-MAIL ADDRESS (Optional): rguenther@guentherlawgroup.com ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS:1200 Aguajito Road MAILING ADDRESS:1200 Aguajito Road CITY AND ZIP CODE:Monterey, CA 93940 BRANCH NAME:Monterey PLAINTIFF/PETITIONER: KATHRYN CLEMENTS CASE NUMBER: 23CV01564 DEFENDANT/RESPONDENT: RYAN ROUBAL, an individual, JOHN COMELLI and DONNA L. COMELLI, et al. Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS (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 (served in complex cases only) e. cross-complaint f. other (specify documents): 3. a. Party served (specify name of party as shown on documents served): DONNA L. COMELLI 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): 4. Address where the party was served: 116 HEATH STREET, SANTA CRUZ, CA 95060 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): 7/21/2023 (2) at (time): 8:35 AM b. 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) (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 or 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 or 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 Adopted for Mandatory Use Code of Civil Procedure, § 417.10 Judicial Council of California PROOF OF SERVICE OF SUMMONS POS-010 [Rev. January 1, 2007] POS-010 PLAINTIFF/PETITIONER: KATHRYN CLEMENTS CASE NUMBER: DEFENDANT/RESPONDENT: JOHN COMELLI and DONNA COMELLI, et al. 23CV01564 5. 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): 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: John DiCarlo b. Address: P.O. Box 143, Marina, CA 93933 c. Telephone number: (831) 809-4286 d. The fee for service was: $ 125.00 e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) ✖ a registered California process server: (i) ✖ owner employee independent contractor. (ii) Registration No.: 33 (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: 8/17/2023 John DiCarlo (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2 For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form