Preview
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY flueme, Sfe!e Bern umnrr and addnma)r FOR COURT USE ONLY
Gilbert J. Premo
Attorney at Law SBN 48503
500 Northfield Lane
Lincoln CA 95648-8321
415-762-5350 ELECTRONICALLY
TELEPHONENon 415-974-6664 FAX NO. Iopamaa
EMAILADDRESSIOptionsa gilbertpremcfffigmail.COm FILED
ATToRNEY FQR (Name): Plaintiff Michael A. Can stella Superior Court of California,
County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREEI'DDRESS 400 McAllister St 11/28/2022
MAIUNG ADDRESBr Clerk of the Court
BY: YOLANDA TABO-RAMIREZ
OITYANDzIPODDE: San Francisco, CA 94102 Deputy Clerk
BRANCH NAME:
CASE NUMBEPI:
PLAINTIFF/PETITIONER; Michael A. Canatella
CGC-22-602011
DEFENDANT/RESPONDENT: David S. Mudway, et al
Rsf. No. or File Non
PROOF OF SERVICE OF SUMMONS 140.1
(Separate proof of service is required for each party served)
1. At the time of service I was at least 1&years of age and nota party to this action.
a. ~
2. I served copies of:
summons
~x
b.
c. ~
~
complaint
Alternative Dispute Resolution (ADR} package
Civil Case Cover Sheet (served in comp/ex cases only)
d.
e.
f.
~ cross-complaint
~x other {specify documents): Amended Summons; Notice to Plaintiff
3. a. Party served (specify name of party as shown on documents salved):
b ~
DAVID S. MUDWAY
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 end relationship Io the party named in item 3e):
4. Address where the party was served:
584 Castro St„fif802, San Francisco, CA 94114
5.
a. ~
I served the party (check proper box)
by personal service. I personafiy delivered the documents listed in item 2 to the party or person authorized to
receive service of process for the party (1} on (dele): (2) at (lime:
b. ~x by substituted service. On (dele):Nov. 15, 2022 at (Iirnj: 4:45 p.m. I left the documents listed in item 2 with or
in the presence of (neme end title or relationship to person indicated in item 3):
David Bont,person over 18 & in charge of party's usual mailing address,which is at a Commercial Mail Receiving Agency
(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) ~x (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) ~x thereaffer mailed (by first-class, postage prepaid) copies of the documents to the person to be served
I
at the place where the copies were lett {Code Civ. Proc., g 415.20). I mailed the documents on
(date): Nov. 15, 2022 from (ciiy): San Francisco or~ a declaration of mailing is attached.
(5) ~x I attach a declaration of diligence stating actions taken first to attempt personal service.
Pass 1 af 2
Form Adopted for Mandatory Uee Code of Civil Procedure, E 41T. I C
Judlual Counol of California
PROOF OF SERVICE OF SUMMONS
POS-010
PLAINTIFF/PETITIONER: Michael A. Canatel/a CASE NUMSEFI:
DEFENDANT/RESPONDENT: David S. Mudway, et al CGC-22-602011
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 (da/s): (2) from (city):
(3) ~ with two copies of the Notice end Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., g 415.30.)
(4) ~ to an address outside California with return receipt requested. (Code Civ. Proc., g 415.40.)
d. ~ by other means (specify means of sen/ice and aufhorizing code section):
In addibon to CCP 415.20 (b), service was also made under CCP 415.20 (c) & Bus.&Prof Code 17538.5 (d). Documents
left with David Bont, person in charge of usual mailing address, which is at "P.O. Plus", a commercial mail receiving
agency (CMRA). Said BPC section provides that a person obtaining private mail box service appoints the CMRA to act
as his agent for service of process.
~x Additional page describing service is attached. See Dedaration [of Diligence] attached.
6. The "Notice to the Person Sewed" (on the summons) was completed as follows:
a. ~
~ as an individual defendant.
asthe person sued under the fictitious name of (specify):
~
b.
c. as occupant.
d. ~x On behalf of (specify): DAVID S. MUDWAY
under the following Code of Civil Procedure section:
~
~
416.10 (corporation) ~
~ 415.95 (business organization, form unknown)
~
~
416.20 (defunct corporation)
416.30 (loint stock company/association) ~ 416.60 (minor)
416.70 (ward or conservatee)
~
416.40 (association or partnership)
416.50 (public entity) ~
~x
~x
416.90 (authorized person)
415.46 (occupant)
other. CCP g415 20 & Bus. & Prof. Code f17538.5 (d)
7. Person who served papers
a. Name: WENDY J. ROSENER
b. Address; 601 Van Ness Avs., Suite J San Francisco, CA 94102
c. Telephone number: 415-882-2250
d. The fee for service was: $ 75.00
e. am:
~
I
(1)
(2) ~
~x
not a registered California process server.
exempt from registration under Business and Professions Code section 22350(b).
a registered California process server.
(3)
(i)
(ii)
~ owner ~x employee
Registration NON 1474
~ independent contractor.
(iii) County: San Francisco
8. ~x Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
9. ~ or
Iam a California sheriff or marshal and certify that the foregoing is true and co
I
Date: November 21, 2022
WENDY J. ROSENER
(NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) ISIGNATURQ
POS010 Fle Jaaaae 1, 2001/ PROOF OF SERVICE OF SUMMONS Paae2 of 2
MC-030
ATTORNEY OR PART Y WITHOUT ATTORNEY /Nemo, Slsle Ssr number, snd eddrsss/r FOR COURT USE ONLY
Gilbert J. Premo
Attorney at Law SBN 48503
500 Northfield Lane
Lincoln CA 95648-8321
TELEPHONENor 415-974-6664 FARNO.(ondones 415-762-5350
E.MAIL ADDRESS gilbertpremolgmail.corn
Ionfones
~/ Plaintiff MiChael A. Canatella
ArroRNEYFon(N
sUPERIoR coURT oF GALIFDRNIA, coUNTY oF SAN FRANCISCO
SIREET AODRESS 400 McAllister Street
MAILING ADDRESS
cITYANozlpcoDE San Francisco, CA 94102
BRANCH NAME
PLAINTIFF/PETITIQNER: Michael A. Canatella
DEFENDANT/REsPQNDENT: (David S. Mudway, et al.
CASE NUMBER
DECLARATION CGC-22-602011
I, the undersigned, declare as follows: am, and was at all times herein mentioned, over the age of 18 years,
I
and a registered process server, registered in San Francisco County, Registration No. 1374, and not a party to
the above-entitled action. My business address and telephone number is Prefcrrcd Legal Services, Inc., 601
Van Ness Ave., Suite J, San Francisco, CA 94102, Tel. (415) 882-2250.
Iam informed and believe that the only known present address for defendant David S. Mudway (the "Party" )
is 584 Castro St. ¹802, San Francisco, CA 94114. I went to 584 Castro St. on Noveinber 9, 2022 at 10:30
a.m. with copies of the Amended Summons, Complaint, and Notice Plaintiff (the "Documents" ) in the above
action to serve. At 584 Castro St. is a business named nP.O. Plus" which is Commercial Mail Receiving
Agency (RCMRAA). I was told by the person then in charge of the P.O Plus office that the Party has a mailbox
there, ¹802, but the Party was not present at that time. I returned to 584 Castro St. with the Documents on
November 11, 2022, at I:35 p.m. I was again told by the person then in charge that the Party was not there. I
returned to 584 Castro St. with the Documents on November 15, 2022 at 4:45 p.m. I spoke to the person then
in charge at that address, who identified himself as "David Bont.n Mr. Bont confirmed that the Party has a
mailbox there, but was not present. I then left the Documents with Mr. Bont, and explained to him the nature
of the Documents. I also gave Mr. Bont a letter from plaintifYs attorney, addressed to P.O. Plus, explaining
P.O. Plus'uties under Buss&Prof Code (117538.5 to provide the Papers to the Party. I later that same day,
from San Francisco, CA mailed an addition copy of the Documents to the Party by first-class mail, in an
envelope addressed to the Party, at the address stated above, 584 Castro St. ¹802, San Francisco, CA 94114.
I declare under penalty of perjury under the laws of the State of Cslifomis that the foregoing is irus snd correct.
Date: November 21, 2022
WENDY J. ROSENER
(TYPE OR PRIM NAM@ (SIGNATURE OF D C ANT)
Attorney for Plaintiff Petitioner Defendant
Respondent / Other fSpsafyj:
Registered Process Server
Form Annroued for Oobonsl Uee
Preview
POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY flueme, Sfe!e Bern umnrr and addnma)r FOR COURT USE ONLY Gilbert J. Premo Attorney at Law SBN 48503 500 Northfield Lane Lincoln CA 95648-8321 415-762-5350 ELECTRONICALLY TELEPHONENon 415-974-6664 FAX NO. Iopamaa EMAILADDRESSIOptionsa gilbertpremcfffigmail.COm FILED ATToRNEY FQR (Name): Plaintiff Michael A. Can stella Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREEI'DDRESS 400 McAllister St 11/28/2022 MAIUNG ADDRESBr Clerk of the Court BY: YOLANDA TABO-RAMIREZ OITYANDzIPODDE: San Francisco, CA 94102 Deputy Clerk BRANCH NAME: CASE NUMBEPI: PLAINTIFF/PETITIONER; Michael A. Canatella CGC-22-602011 DEFENDANT/RESPONDENT: David S. Mudway, et al Rsf. No. or File Non PROOF OF SERVICE OF SUMMONS 140.1 (Separate proof of service is required for each party served) 1. At the time of service I was at least 1&years of age and nota party to this action. a. ~ 2. I served copies of: summons ~x b. c. ~ ~ complaint Alternative Dispute Resolution (ADR} package Civil Case Cover Sheet (served in comp/ex cases only) d. e. f. ~ cross-complaint ~x other {specify documents): Amended Summons; Notice to Plaintiff 3. a. Party served (specify name of party as shown on documents salved): b ~ DAVID S. MUDWAY 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 end relationship Io the party named in item 3e): 4. Address where the party was served: 584 Castro St„fif802, San Francisco, CA 94114 5. a. ~ I served the party (check proper box) by personal service. I personafiy delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1} on (dele): (2) at (lime: b. ~x by substituted service. On (dele):Nov. 15, 2022 at (Iirnj: 4:45 p.m. I left the documents listed in item 2 with or in the presence of (neme end title or relationship to person indicated in item 3): David Bont,person over 18 & in charge of party's usual mailing address,which is at a Commercial Mail Receiving Agency (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) ~x (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) ~x thereaffer mailed (by first-class, postage prepaid) copies of the documents to the person to be served I at the place where the copies were lett {Code Civ. Proc., g 415.20). I mailed the documents on (date): Nov. 15, 2022 from (ciiy): San Francisco or~ a declaration of mailing is attached. (5) ~x I attach a declaration of diligence stating actions taken first to attempt personal service. Pass 1 af 2 Form Adopted for Mandatory Uee Code of Civil Procedure, E 41T. I C Judlual Counol of California PROOF OF SERVICE OF SUMMONS POS-010 PLAINTIFF/PETITIONER: Michael A. Canatel/a CASE NUMSEFI: DEFENDANT/RESPONDENT: David S. Mudway, et al CGC-22-602011 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 (da/s): (2) from (city): (3) ~ with two copies of the Notice end Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., g 415.30.) (4) ~ to an address outside California with return receipt requested. (Code Civ. Proc., g 415.40.) d. ~ by other means (specify means of sen/ice and aufhorizing code section): In addibon to CCP 415.20 (b), service was also made under CCP 415.20 (c) & Bus.&Prof Code 17538.5 (d). Documents left with David Bont, person in charge of usual mailing address, which is at "P.O. Plus", a commercial mail receiving agency (CMRA). Said BPC section provides that a person obtaining private mail box service appoints the CMRA to act as his agent for service of process. ~x Additional page describing service is attached. See Dedaration [of Diligence] attached. 6. The "Notice to the Person Sewed" (on the summons) was completed as follows: a. ~ ~ as an individual defendant. asthe person sued under the fictitious name of (specify): ~ b. c. as occupant. d. ~x On behalf of (specify): DAVID S. MUDWAY under the following Code of Civil Procedure section: ~ ~ 416.10 (corporation) ~ ~ 415.95 (business organization, form unknown) ~ ~ 416.20 (defunct corporation) 416.30 (loint stock company/association) ~ 416.60 (minor) 416.70 (ward or conservatee) ~ 416.40 (association or partnership) 416.50 (public entity) ~ ~x ~x 416.90 (authorized person) 415.46 (occupant) other. CCP g415 20 & Bus. & Prof. Code f17538.5 (d) 7. Person who served papers a. Name: WENDY J. ROSENER b. Address; 601 Van Ness Avs., Suite J San Francisco, CA 94102 c. Telephone number: 415-882-2250 d. The fee for service was: $ 75.00 e. am: ~ I (1) (2) ~ ~x not a registered California process server. exempt from registration under Business and Professions Code section 22350(b). a registered California process server. (3) (i) (ii) ~ owner ~x employee Registration NON 1474 ~ independent contractor. (iii) County: San Francisco 8. ~x Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 9. ~ or Iam a California sheriff or marshal and certify that the foregoing is true and co I Date: November 21, 2022 WENDY J. ROSENER (NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) ISIGNATURQ POS010 Fle Jaaaae 1, 2001/ PROOF OF SERVICE OF SUMMONS Paae2 of 2 MC-030 ATTORNEY OR PART Y WITHOUT ATTORNEY /Nemo, Slsle Ssr number, snd eddrsss/r FOR COURT USE ONLY Gilbert J. Premo Attorney at Law SBN 48503 500 Northfield Lane Lincoln CA 95648-8321 TELEPHONENor 415-974-6664 FARNO.(ondones 415-762-5350 E.MAIL ADDRESS gilbertpremolgmail.corn Ionfones ~/ Plaintiff MiChael A. Canatella ArroRNEYFon(N sUPERIoR coURT oF GALIFDRNIA, coUNTY oF SAN FRANCISCO SIREET AODRESS 400 McAllister Street MAILING ADDRESS cITYANozlpcoDE San Francisco, CA 94102 BRANCH NAME PLAINTIFF/PETITIQNER: Michael A. Canatella DEFENDANT/REsPQNDENT: (David S. Mudway, et al. CASE NUMBER DECLARATION CGC-22-602011 I, the undersigned, declare as follows: am, and was at all times herein mentioned, over the age of 18 years, I and a registered process server, registered in San Francisco County, Registration No. 1374, and not a party to the above-entitled action. My business address and telephone number is Prefcrrcd Legal Services, Inc., 601 Van Ness Ave., Suite J, San Francisco, CA 94102, Tel. (415) 882-2250. Iam informed and believe that the only known present address for defendant David S. Mudway (the "Party" ) is 584 Castro St. ¹802, San Francisco, CA 94114. I went to 584 Castro St. on Noveinber 9, 2022 at 10:30 a.m. with copies of the Amended Summons, Complaint, and Notice Plaintiff (the "Documents" ) in the above action to serve. At 584 Castro St. is a business named nP.O. Plus" which is Commercial Mail Receiving Agency (RCMRAA). I was told by the person then in charge of the P.O Plus office that the Party has a mailbox there, ¹802, but the Party was not present at that time. I returned to 584 Castro St. with the Documents on November 11, 2022, at I:35 p.m. I was again told by the person then in charge that the Party was not there. I returned to 584 Castro St. with the Documents on November 15, 2022 at 4:45 p.m. I spoke to the person then in charge at that address, who identified himself as "David Bont.n Mr. Bont confirmed that the Party has a mailbox there, but was not present. I then left the Documents with Mr. Bont, and explained to him the nature of the Documents. I also gave Mr. Bont a letter from plaintifYs attorney, addressed to P.O. Plus, explaining P.O. Plus'uties under Buss&Prof Code (117538.5 to provide the Papers to the Party. I later that same day, from San Francisco, CA mailed an addition copy of the Documents to the Party by first-class mail, in an envelope addressed to the Party, at the address stated above, 584 Castro St. ¹802, San Francisco, CA 94114. I declare under penalty of perjury under the laws of the State of Cslifomis that the foregoing is irus snd correct. Date: November 21, 2022 WENDY J. ROSENER (TYPE OR PRIM NAM@ (SIGNATURE OF D C ANT) Attorney for Plaintiff Petitioner Defendant Respondent / Other fSpsafyj: Registered Process Server Form Annroued for Oobonsl Uee