On August 19, 2020 a
Proof of Service
was filed
involving a dispute between
Finishmaster, Inc,
and
Aeropro, Llc A California Limited Liability Company,
Does 1-10, Inclusive,
Ermalovich, Joseph,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
POS-040
'
ArrORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No: FOR COURT uss ONLY
NAME: Alan L. Brodkin 85991 L E D
FIRM NAME; Alan L Brodkin & As s oc i at e s F I
.
SUPERIOR COURT 0F CAuFORNIA
STREET ADDRESS: l 5 5 O 0 B Roc kf i e ld Blvd . COUNTY OFAsRAaeoegvsATflRol‘cfio
SAN BERN
CITY: I rvine STATE: CA ZIP CODE: 92 6 1 8
TELEPHONENO‘: (949) 457-8686 FAXNo.: (949) 457-8688 AUG 26 2021
E.MAILADDRESS; alan@brodkin—assoc com .
ATrORNEY FOR P l a i nt i f f
(name):
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F S an Be rnardino BY
STREET ADDRESS: 247 W Third St . . PAO E AN Z. DEPUTY
MAILING ADDRESS:
CITYANDZIPCODE: San Bernardino, CA 92415-0210
BRANCHNAME: San Bernardino Judicial District CASENUMBER:
Plaintiff/Petitioner: FINISHMASTER, INC., CIVD82017064
Defendant/Respondent: AEROPRO, LLC, et al .
,
JUDICIAL OFFICER:
PROOF OF SERVICE-CIVIL
Check method of service (only one):
D
D
By Personal Service
By Messenger Service
m
D
By Mail
By Fax
D By Overnight Delivery DEPARTMENT:
Do not use this form to show service of a summons and complaint or for electronic service.
See USE OF THIS FORM on page 3.
1. At the time of service | was over 18 years of age and not a party to this action.
2. My residence or business address is:
15500 B Rockfield Blvd., Irvine, CA 90618
3. D The fax number from which | served the documents is (complete if service was by fax):
4. On (date): 8 /24 /2 02 l I served the following documents (specify):
NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTION; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF ALAN L BRODKIN; [PROPOSED] .
ORDER
D The documents are listed in the Attachment to Proof of Service-Civil (Documents Served) (form POS-O40(D)).
5. | served the documents on the person or persons below. as follows:
a. Name of person served: Jeffrey G . Jacobs Esq .
m
,
b. (Complete if service was by personal service, mail, ovemight delivery, or messenger service.)
Business or residential address where person was served:
THE LAW OFFICE OF JEFFREY G JACOBS .
98 Discovery, Irvine, CA 92618
c. D (Complete if sen/ice was by fax.)
Fax number where person was served:
D The names. addresses, and other applicable
Civil (Persons Served) (form POS-O40(P)).
information about persons served is on the Attachment to Proof of Service-
6. The documents were served by the following means (specify):
a. D
By personal service. personally delivered the documents to the persons at the addresses listed in item 5. (1) For a
|
party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the
attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an
individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by
leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For
a party, delivery was made to the party or by leaving the documents at the party's residence with some person not
younger than 18 years of age between the hours of eight in the morning and eight in the evening.
Page 1 of 3
Form Approvedroromional Use PROOF OF SERVICE - CIVIL Code ofCiviI Procedure, §§ 1011, 1013. 1013a.
2015.5; Cal. Rules of Court, rule 2,306
Judicial Council of California .
Pos~o4o [Rev. January 1, 2020] (Proof Of SerVIce) www,courts.ca.gov
CEB’ 5mm“ 4 o397 1
m... samma-
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V Pos-o4o
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CASE NAME: CASE NUMBER:
FINISHMASTER V. AEROPRO, et al., CIVD52017064
6. b. m By United States
addresses in
mail. I enclosed the documents
item 5 and (specify one):
in a sealed envelope or package addressed to the persons at the
(1) D deposited the sealed envelope with the United States Postal Service. with the postage fully prepaid.
(2) m placed the envelope for collection and mailing, following our ordinary business practices.
business's practice for collecting and processing correspondence for mailing. On the
|
same day
am readily familiar with this
that correspondence
is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
| am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state): Irvine , Cali fornia
c. D By overnight
and addressed
delivery.
to the
I enclosed the documents
persons at the addresses in
inan envelope or package provided by an overnight delivery carrier
item 5. placed the envelope or package for collection and overnight
|
delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
d. D By messenger
the addresses listed
service.
in
| served the documents by placing them
item 5 and providing them to a professional
an envelope or package addressed to the persons at
in
messenger service for service. (A declaration by the
messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)
e. D By fax transmission. Based on an agreement of the
to thepersons at the fax numbers listed in item 5. No
parties to accept service by fax transmission.
error was reported by the fax machine that |
|
used.
faxed the documents
A copy of the
record of the fax transmission, which | printed out, is attached.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
'
Date: 8/24/2021
Min H Kim
(TYPE OR PRINT NAME OF DECLARANT)
} \ v (SIGNATURE OF DECLARANT)
(If item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.)
DECLARATION OF MESSENGER
D By personal service.
addresses listed in
| personally delivered the envelope or package received from the declarant above to the persons at the
5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by
item
leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served,
with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or
papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the
evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person
not younger than 18 years of age between the hours of eight in the morning and eight in the evening.
At the time of service. | was over 18 years of age. | am not a party to the above-referenced legal proceeding.
| served the envelope or package, as stated above, on (date):
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(NAME 0F DECLARANT) (SIGNATURE 0F DECLARANT)
Pos-o40[Rev. January 1, 2020] PROOF OF SERVICE - CIVIL Page 2 of:
CEB' Essential (Proof of Service)
m... Elm 4 03 97 1
Document Filed Date
August 26, 2021
Case Filing Date
August 19, 2020
Category
Breach of Contract/Warranty Unlimited
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POS-040 ' ArrORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No: FOR COURT uss ONLY NAME: Alan L. Brodkin 85991 L E D FIRM NAME; Alan L Brodkin & As s oc i at e s F I . SUPERIOR COURT 0F CAuFORNIA STREET ADDRESS: l 5 5 O 0 B Roc kf i e ld Blvd . COUNTY OFAsRAaeoegvsATflRol‘cfio SAN BERN CITY: I rvine STATE: CA ZIP CODE: 92 6 1 8 TELEPHONENO‘: (949) 457-8686 FAXNo.: (949) 457-8688 AUG 26 2021 E.MAILADDRESS; alan@brodkin—assoc com . ATrORNEY FOR P l a i nt i f f (name): SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F S an Be rnardino BY STREET ADDRESS: 247 W Third St . . PAO E AN Z. DEPUTY MAILING ADDRESS: CITYANDZIPCODE: San Bernardino, CA 92415-0210 BRANCHNAME: San Bernardino Judicial District CASENUMBER: Plaintiff/Petitioner: FINISHMASTER, INC., CIVD82017064 Defendant/Respondent: AEROPRO, LLC, et al . , JUDICIAL OFFICER: PROOF OF SERVICE-CIVIL Check method of service (only one): D D By Personal Service By Messenger Service m D By Mail By Fax D By Overnight Delivery DEPARTMENT: Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. 1. At the time of service | was over 18 years of age and not a party to this action. 2. My residence or business address is: 15500 B Rockfield Blvd., Irvine, CA 90618 3. D The fax number from which | served the documents is (complete if service was by fax): 4. On (date): 8 /24 /2 02 l I served the following documents (specify): NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ALAN L BRODKIN; [PROPOSED] . ORDER D The documents are listed in the Attachment to Proof of Service-Civil (Documents Served) (form POS-O40(D)). 5. | served the documents on the person or persons below. as follows: a. Name of person served: Jeffrey G . Jacobs Esq . m , b. (Complete if service was by personal service, mail, ovemight delivery, or messenger service.) Business or residential address where person was served: THE LAW OFFICE OF JEFFREY G JACOBS . 98 Discovery, Irvine, CA 92618 c. D (Complete if sen/ice was by fax.) Fax number where person was served: D The names. addresses, and other applicable Civil (Persons Served) (form POS-O40(P)). information about persons served is on the Attachment to Proof of Service- 6. The documents were served by the following means (specify): a. D By personal service. personally delivered the documents to the persons at the addresses listed in item 5. (1) For a | party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening. Page 1 of 3 Form Approvedroromional Use PROOF OF SERVICE - CIVIL Code ofCiviI Procedure, §§ 1011, 1013. 1013a. 2015.5; Cal. Rules of Court, rule 2,306 Judicial Council of California . Pos~o4o [Rev. January 1, 2020] (Proof Of SerVIce) www,courts.ca.gov CEB’ 5mm“ 4 o397 1 m... samma- ‘. ~ \r I . - V Pos-o4o ’ CASE NAME: CASE NUMBER: FINISHMASTER V. AEROPRO, et al., CIVD52017064 6. b. m By United States addresses in mail. I enclosed the documents item 5 and (specify one): in a sealed envelope or package addressed to the persons at the (1) D deposited the sealed envelope with the United States Postal Service. with the postage fully prepaid. (2) m placed the envelope for collection and mailing, following our ordinary business practices. business's practice for collecting and processing correspondence for mailing. On the | same day am readily familiar with this that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. | am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): Irvine , Cali fornia c. D By overnight and addressed delivery. to the I enclosed the documents persons at the addresses in inan envelope or package provided by an overnight delivery carrier item 5. placed the envelope or package for collection and overnight | delivery at an office or a regularly utilized drop box of the overnight delivery carrier. d. D By messenger the addresses listed service. in | served the documents by placing them item 5 and providing them to a professional an envelope or package addressed to the persons at in messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e. D By fax transmission. Based on an agreement of the to thepersons at the fax numbers listed in item 5. No parties to accept service by fax transmission. error was reported by the fax machine that | | used. faxed the documents A copy of the record of the fax transmission, which | printed out, is attached. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ' Date: 8/24/2021 Min H Kim (TYPE OR PRINT NAME OF DECLARANT) } \ v (SIGNATURE OF DECLARANT) (If item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.) DECLARATION OF MESSENGER D By personal service. addresses listed in | personally delivered the envelope or package received from the declarant above to the persons at the 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by item leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening. At the time of service. | was over 18 years of age. | am not a party to the above-referenced legal proceeding. | served the envelope or package, as stated above, on (date): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (NAME 0F DECLARANT) (SIGNATURE 0F DECLARANT) Pos-o40[Rev. January 1, 2020] PROOF OF SERVICE - CIVIL Page 2 of: CEB' Essential (Proof of Service) m... Elm 4 03 97 1