On October 20, 2023 a
Unendorsed POSS
was filed
involving a dispute between
Carreto, Jany,
and
American Honda Motor Co., Inc.,
American Honda Motor Co., Inc.; And Does 1-10,
for Breach of Contract/Warranty Unlimited (06)
in the District Court of Napa County.
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POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
Lemon Law Pro
LaDawna Fleckenstein SBN 330538
1098 Melody Lane, Building #200 Building 200
Roseville, CA 95678
TELEPHONE NO: FAX NO (Optional):
E-MAIL ADDRESS (Optional): nader@lemonlawpro.com
ATTORNEY FOR (Name): Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Napa
STREET ADDRESS: 825 Brown Street
MAILING ADDRESS:
CITY AND ZIP CODE: Napa, 94559
BRANCH NAME: Historic Courthouse
PLAINTIFF / PETITIONER: Jany Carreto CASE NUMBER:
DEFENDANT / RESPONDENT: American Honda Motor Co., Inc., et al. 23CV001355
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS 9804799 (21481053)
(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. X Summons
b. X Complaint
c. Alternative Dispute Resolution (ADR) Package
d. X Civil Case Cover Sheet (served in complex cases only)
e. Cross-Complaint
f. X Other (specify documents): Declaration, Notice of Case Management Conference,
3. a. Party served (specify name of party as shown on documents served):
American Honda Motor Co., Inc.
b. X 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):
CSC Lawyers Incorporating Service-Nicole Stauss - Person Authorized to Accept Service of Process
4. Address where the party was served:
2710 Gateway Oaks Drive Suite 150N, Sacramento, CA 95833
5. I served the party (check proper box)
a. X 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): Tue, Oct 24 2023 (2) at (time): 01:28 PM
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.
Form Adopted for Mandatory Use PROOF OF SERVICE OF SUMMONS Page 1 of 2
Judicial Council of California Code of Civil Procedure, § 417.10
POS-010 [Rev. January 1, 2007]
PLAINTIFF / PETITIONER: Jany Carreto CASE NUMBER:
DEFENDANT / RESPONDENT: American Honda Motor Co., Inc., et al. 23CV001355
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):
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. X On behalf of (specify): American Honda Motor Co., Inc.
under the following Code of Civil Procedure section:
X 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: Tyler DiMaria
b. Address: 1400 N. McDowell Blvd., Suite 300 Petaluma, CA 94947
c. Telephone number: 800.938.8815
d. The fee for service was: $34.00
e. I am:
(1) not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) X a registered California process server:
(i) owner employee X independent contractor
(ii) Registration No: 2006-006
(iii) County: Sacramento
8. X 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: October 24, 2023
Tyler DiMaria
(NAME OF PERSON WHO SERVED PAPERS / SHERIFF OR MARSHAL)
InfoTrack USA- P000618
1400 N McDowell Blvd Suite 300
Petaluma, CA 94947
800-938-8815 (SIGNATURE)
POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2
Document Filed Date
October 26, 2023
Case Filing Date
October 20, 2023
Category
Breach of Contract/Warranty Unlimited (06)
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POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Lemon Law Pro LaDawna Fleckenstein SBN 330538 1098 Melody Lane, Building #200 Building 200 Roseville, CA 95678 TELEPHONE NO: FAX NO (Optional): E-MAIL ADDRESS (Optional): nader@lemonlawpro.com ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Napa STREET ADDRESS: 825 Brown Street MAILING ADDRESS: CITY AND ZIP CODE: Napa, 94559 BRANCH NAME: Historic Courthouse PLAINTIFF / PETITIONER: Jany Carreto CASE NUMBER: DEFENDANT / RESPONDENT: American Honda Motor Co., Inc., et al. 23CV001355 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS 9804799 (21481053) (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. X Summons b. X Complaint c. Alternative Dispute Resolution (ADR) Package d. X Civil Case Cover Sheet (served in complex cases only) e. Cross-Complaint f. X Other (specify documents): Declaration, Notice of Case Management Conference, 3. a. Party served (specify name of party as shown on documents served): American Honda Motor Co., Inc. b. X 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): CSC Lawyers Incorporating Service-Nicole Stauss - Person Authorized to Accept Service of Process 4. Address where the party was served: 2710 Gateway Oaks Drive Suite 150N, Sacramento, CA 95833 5. I served the party (check proper box) a. X 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): Tue, Oct 24 2023 (2) at (time): 01:28 PM 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. Form Adopted for Mandatory Use PROOF OF SERVICE OF SUMMONS Page 1 of 2 Judicial Council of California Code of Civil Procedure, § 417.10 POS-010 [Rev. January 1, 2007] PLAINTIFF / PETITIONER: Jany Carreto CASE NUMBER: DEFENDANT / RESPONDENT: American Honda Motor Co., Inc., et al. 23CV001355 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): 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. X On behalf of (specify): American Honda Motor Co., Inc. under the following Code of Civil Procedure section: X 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: Tyler DiMaria b. Address: 1400 N. McDowell Blvd., Suite 300 Petaluma, CA 94947 c. Telephone number: 800.938.8815 d. The fee for service was: $34.00 e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) X a registered California process server: (i) owner employee X independent contractor (ii) Registration No: 2006-006 (iii) County: Sacramento 8. X 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: October 24, 2023 Tyler DiMaria (NAME OF PERSON WHO SERVED PAPERS / SHERIFF OR MARSHAL) InfoTrack USA- P000618 1400 N McDowell Blvd Suite 300 Petaluma, CA 94947 800-938-8815 (SIGNATURE) POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2