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Zachary R. Smith, Esq. (SBN 220410) SUPERIORFccgUlfing BALIFORNIA
(SBN 265438)
Kevin D. Rogers, Esq. ngg‘ggfifgflNBgm/figaw
DelphiLaw Group, LLP
L4»)
5868 Owens Avenue, Suite 20 DEC 3 O 2022
Carlsbad, Califomia 92008
-
Telephone: 844-433-5744
BY
Facsimile: 760—820-2696
u THEABELLAMY. ..TY
Email: zsmith@delphillp.com
krogers@delphillp.com
Attorneys for Plaintiff, Rosena Ranch Community Association
Dodo
0
SUPERIOR COURT FOR THE STATE OF CALIFORNIA,
10
FOR THE COUNTY OF SAN BERNARDINO, CIVIL DIVISION
ll
ROSENA RANCH COMMUNITY No. CIVSB 22 16707
ASSOCIATION,
DECLARATION 0F KEVIN D. ROGERS
12
IN SUPPORT 0F PLAINTIFF’S
plaintiff’
OPPOSITION TO DEFENDNAT’S
l3
DEMURRER T0 COMPLAINT
v.
l4
Date: January l7, 2023
15
YAN ZHANG; and Time: 8:30 a.m.
DOES 1 through 20, inclusive, Dept: $24
16 Judge: Hon. Gilbert G. Ochoa
Defendants.
l7 Complaint filed: August 3, 2022 Fax
18
19 By
"DECLARATION 0F KEVIN D. ROGERS. ESQ
20
I, Kevin D. Rogers, Esq, declare as follows:
21
22
1- I am an attorney duly licensed to practice law before the Courts of the State of
California, and am an associate attorney with Delphi Law Group, LLP, counsel for PlaintiffRosena
23
Ranch Community Association (“Plaintiff”) in this matter. I have personal knowledge of the
24
matters stated in this Declaration, and if called upon to testify in a court of law, l could and would
25
competently testify to them.
26
7--
This Declaration is made in support of Plaintiff‘s Opposition to Defendant Yan
27
Zhang’s (“Defendant") Demurrer to Plaintiff’s Complaint.
28
l
DECLARATION [N SUPPORT 0F OPPOSITION T0 DEFENDANT’S DEMURRER T0 COMPLAINT
PM 14154847 -~>'19097-088586 pg 9 of 24
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(9 12/30,?(322 12506
\y
3- Attached hereto as Exhibit A is a true and correct copy of the Proof of Service of
Summons filed on October 21 2022. ,
4- On or around October 26, 2022, Plaintiff submitted an Amended Proof of Service
0f Summons to the Court Clerk for filing. As. of the date of the filing 0f the instant Declaration,
the Court Clerk has not processed the Amended Proof of Service of Summons for filing. Attached
hereto as Exhibit B is a true and correct copy 0f the Amended Proof of Service of Summons.
\OOONOMh
5- The only substantive difference between the Proof of Service of Summons filed on
October 21, 2022 and the Amended Proof 0f Service of Summons is t0 paragraph 5. Specifically,
“JOHN DOE" was changed to “J DOE” and the sex of the Co-Occupant was changed from “Male”
t0 being left blank. There were n0 changes made to the Declaration of Diligence from Plaintiff‘s
ll process server, Alex Miechowicz (“Miechowicz”)
As set forth in Miechowicz’s Declaration of Diligence, he attempted to personally
12 6.
l3 serve the Summons and Complaint three times at Defendant’s given address, 3665 Bilberry Rd.,
San chardino, CA 92407 (“Property”): September 25, 2022 at 7:39 a.m., September 27, 2022 at
15 9:14 p.m., and September 30, 2022 at 12:28 p.m. Each time Defendant failed t0 answer the door.
As set forth in Miechowicz’s Declaration of Diligence, on October 2, 2022 at 9:48
16 7.
Summon and Complaint at Defendant’s house with “J. DOE,"
17 a.m., Miechowicz lefi a copy 0f the
18 an individual who refused to provide his/her name, but appeared to be a competent member of the
19 household who was at least 18 years old.
20 8. As set forth in the Declaration 0f Mailing, on October 3, 2022, a copy of the
21 Summons and Complaint was mailed to Defendant at the Property.
22 ldeclare under penalty ofperjury under the laws of the State OfCalifomia that the foregoing
23 is true and correct.
24
Executed on December 30, 2022, at Carlsbad, California
25
26
27
Kevin D.
fl? Rogers', M}
28
Preview
e 12/30fi'n322 13:06PM 14154847 \r ---> 19097088586 V pg 8 o f 24 Zachary R. Smith, Esq. (SBN 220410) SUPERIORFccgUlfing BALIFORNIA (SBN 265438) Kevin D. Rogers, Esq. ngg‘ggfifgflNBgm/figaw DelphiLaw Group, LLP L4») 5868 Owens Avenue, Suite 20 DEC 3 O 2022 Carlsbad, Califomia 92008 - Telephone: 844-433-5744 BY Facsimile: 760—820-2696 u THEABELLAMY. ..TY Email: zsmith@delphillp.com krogers@delphillp.com Attorneys for Plaintiff, Rosena Ranch Community Association Dodo 0 SUPERIOR COURT FOR THE STATE OF CALIFORNIA, 10 FOR THE COUNTY OF SAN BERNARDINO, CIVIL DIVISION ll ROSENA RANCH COMMUNITY No. CIVSB 22 16707 ASSOCIATION, DECLARATION 0F KEVIN D. ROGERS 12 IN SUPPORT 0F PLAINTIFF’S plaintiff’ OPPOSITION TO DEFENDNAT’S l3 DEMURRER T0 COMPLAINT v. l4 Date: January l7, 2023 15 YAN ZHANG; and Time: 8:30 a.m. DOES 1 through 20, inclusive, Dept: $24 16 Judge: Hon. Gilbert G. Ochoa Defendants. l7 Complaint filed: August 3, 2022 Fax 18 19 By "DECLARATION 0F KEVIN D. ROGERS. ESQ 20 I, Kevin D. Rogers, Esq, declare as follows: 21 22 1- I am an attorney duly licensed to practice law before the Courts of the State of California, and am an associate attorney with Delphi Law Group, LLP, counsel for PlaintiffRosena 23 Ranch Community Association (“Plaintiff”) in this matter. I have personal knowledge of the 24 matters stated in this Declaration, and if called upon to testify in a court of law, l could and would 25 competently testify to them. 26 7-- This Declaration is made in support of Plaintiff‘s Opposition to Defendant Yan 27 Zhang’s (“Defendant") Demurrer to Plaintiff’s Complaint. 28 l DECLARATION [N SUPPORT 0F OPPOSITION T0 DEFENDANT’S DEMURRER T0 COMPLAINT PM 14154847 -~>'19097-088586 pg 9 of 24 - (9 12/30,?(322 12506 \y 3- Attached hereto as Exhibit A is a true and correct copy of the Proof of Service of Summons filed on October 21 2022. , 4- On or around October 26, 2022, Plaintiff submitted an Amended Proof of Service 0f Summons to the Court Clerk for filing. As. of the date of the filing 0f the instant Declaration, the Court Clerk has not processed the Amended Proof of Service of Summons for filing. Attached hereto as Exhibit B is a true and correct copy 0f the Amended Proof of Service of Summons. \OOONOMh 5- The only substantive difference between the Proof of Service of Summons filed on October 21, 2022 and the Amended Proof 0f Service of Summons is t0 paragraph 5. Specifically, “JOHN DOE" was changed to “J DOE” and the sex of the Co-Occupant was changed from “Male” t0 being left blank. There were n0 changes made to the Declaration of Diligence from Plaintiff‘s ll process server, Alex Miechowicz (“Miechowicz”) As set forth in Miechowicz’s Declaration of Diligence, he attempted to personally 12 6. l3 serve the Summons and Complaint three times at Defendant’s given address, 3665 Bilberry Rd., San chardino, CA 92407 (“Property”): September 25, 2022 at 7:39 a.m., September 27, 2022 at 15 9:14 p.m., and September 30, 2022 at 12:28 p.m. Each time Defendant failed t0 answer the door. As set forth in Miechowicz’s Declaration of Diligence, on October 2, 2022 at 9:48 16 7. Summon and Complaint at Defendant’s house with “J. DOE," 17 a.m., Miechowicz lefi a copy 0f the 18 an individual who refused to provide his/her name, but appeared to be a competent member of the 19 household who was at least 18 years old. 20 8. As set forth in the Declaration 0f Mailing, on October 3, 2022, a copy of the 21 Summons and Complaint was mailed to Defendant at the Property. 22 ldeclare under penalty ofperjury under the laws of the State OfCalifomia that the foregoing 23 is true and correct. 24 Executed on December 30, 2022, at Carlsbad, California 25 26 27 Kevin D. fl? Rogers', M} 28