On January 17, 2023 a
Proof of Service
was filed
involving a dispute between
Discover Bank,
and
Burrell, Kenneth,
for EXEMPT COLLECTIONS (RULE 3.740)
in the District Court of San Francisco County.
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State, Bar number, and address): FOR COURT USE ONLY
Erin Patterson (SBN# 262285), Patrick Layman (SBN#59643), Jason W. Tang (SBN #314337), Nicholas
Babillis (SBN# 291676), Thomas Sebourn (SBN 279272), Carina Jordan (SBN 302099)
Suttell and Hammer
PO Box C-90006
Bellevue, WA 98009
TELEPHONE NO.: 425-455-8220 FAX NO. (Optional):
E-MAIL ADDRESS (Optional): ELECTRONICALLY
ATTORNEY FOR (Name): DISCOVER BANK
FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Superior Court of California,
County of San Francisco
STREET ADDRESS: 400 McAllister Street, Room 103
MAILING ADDRESS: 400 McAllister Street, Room 103 01/27/2023
CITY AND ZIP CODE: San Francisco 94102 Clerk of the Court
BRANCH NAME: Civic Center Courthouse BY: YOLANDA TABO-RAMIREZ
Deputy Clerk
PLAINTIFF/PETITIONER: DISCOVER BANK CASE NUMBER:
DEFENDANT/RESPONDENT: KENNETH BURRELL CGC-23-604046
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS 868576
1. At the time of service I was at least 18 years of age and not a party to this action.
BY FAX
2. I served copies of (specify documents):
Summons; Complaint; Civil Case Cover Sheet; Alternative Dispute Resolution (ADR) Packet; Statement of Venue
3. a. Party served (specify name of party as shown on documents served):
KENNETH BURRELL
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 whom substituted service was made) (specify name and relationship to the party named in item 3a ):
4. Address where the party was served:
222 WEBSTER ST APT 2, SAN FRANCISCO, CA 94117
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): 01/25/2023 at (time): 10:56 AM
KENNETH BURRELL, I delivered the documents to KENNETH BURRELL with identity confirmed by subject
saying yes when named. The individual accepted service with direct delivery. The individual appeared to be a
black-haired black male contact 25-35 years of age, 5'6"-5'8" tall and weighing 160-180 lbs with glasses.
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 caused to be 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). Documents were mailed
on (date): from (city): or a declaration of mailing is attached.
Page 1 of 3
Form Adopted for Mandatory Use Code of Civil Procedure. § 417.10
Judicial Council of California POS-
010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Tracking #: 0100018641
REF: 868576
PLAINTIFF/PETITIONER: DISCOVER BANK CASE NUMBER:
DEFENDANT/RESPONDENT: KENNETH BURRELL CGC-23-604046
(5) I attach a declaration of diligence stating actions taken first to attempt personal service.
c. by mail and acknowledgement 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 Acknowledgement 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. X 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: Nathaniel Nichols
b. Address: 3240 Peralta St, 18, Oakland, CA 94608
c. Telephone number: 562-253-3985
d. The fee for service was: $ 71.00
e. I am: BY FAX
(1) not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) X registered California process server:
(i) owner employee X independent contractor. For: ABC Legal Services, LLC
(ii) X Registration No.: 1396 Registration #: 6779
(iii) X County: City and county San Francisco CA County: Los Angeles
Page 2 of 3
POS-010 [Rev. January 1, 2007]
PROOF OF SERVICE OF SUMMONS Tracking #: 0100018641
REF: 868576
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.
{{t:s;r:y;o:"Signer";w:250;h:45;}}
01/25/2023
{{t:t;r:y;o:"Signer";l:"Date";w:70;h:10;v:"13435fa6c2a17f83177fcbb5c4a9376ce85befeb";}}
Date: ______________
Nathaniel Nichols
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)
Page 3 of 3
PROOF OF SERVICE OF SUMMONS Tracking #: 0100018641
REF: 868576
Document Filed Date
January 27, 2023
Case Filing Date
January 17, 2023
Category
EXEMPT COLLECTIONS (RULE 3.740)
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State, Bar number, and address): FOR COURT USE ONLY Erin Patterson (SBN# 262285), Patrick Layman (SBN#59643), Jason W. Tang (SBN #314337), Nicholas Babillis (SBN# 291676), Thomas Sebourn (SBN 279272), Carina Jordan (SBN 302099) Suttell and Hammer PO Box C-90006 Bellevue, WA 98009 TELEPHONE NO.: 425-455-8220 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ELECTRONICALLY ATTORNEY FOR (Name): DISCOVER BANK FILED SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Superior Court of California, County of San Francisco STREET ADDRESS: 400 McAllister Street, Room 103 MAILING ADDRESS: 400 McAllister Street, Room 103 01/27/2023 CITY AND ZIP CODE: San Francisco 94102 Clerk of the Court BRANCH NAME: Civic Center Courthouse BY: YOLANDA TABO-RAMIREZ Deputy Clerk PLAINTIFF/PETITIONER: DISCOVER BANK CASE NUMBER: DEFENDANT/RESPONDENT: KENNETH BURRELL CGC-23-604046 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS 868576 1. At the time of service I was at least 18 years of age and not a party to this action. BY FAX 2. I served copies of (specify documents): Summons; Complaint; Civil Case Cover Sheet; Alternative Dispute Resolution (ADR) Packet; Statement of Venue 3. a. Party served (specify name of party as shown on documents served): KENNETH BURRELL 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 whom substituted service was made) (specify name and relationship to the party named in item 3a ): 4. Address where the party was served: 222 WEBSTER ST APT 2, SAN FRANCISCO, CA 94117 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): 01/25/2023 at (time): 10:56 AM KENNETH BURRELL, I delivered the documents to KENNETH BURRELL with identity confirmed by subject saying yes when named. The individual accepted service with direct delivery. The individual appeared to be a black-haired black male contact 25-35 years of age, 5'6"-5'8" tall and weighing 160-180 lbs with glasses. 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 caused to be 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). Documents were mailed on (date): from (city): or a declaration of mailing is attached. Page 1 of 3 Form Adopted for Mandatory Use Code of Civil Procedure. § 417.10 Judicial Council of California POS- 010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Tracking #: 0100018641 REF: 868576 PLAINTIFF/PETITIONER: DISCOVER BANK CASE NUMBER: DEFENDANT/RESPONDENT: KENNETH BURRELL CGC-23-604046 (5) I attach a declaration of diligence stating actions taken first to attempt personal service. c. by mail and acknowledgement 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 Acknowledgement 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. X 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: Nathaniel Nichols b. Address: 3240 Peralta St, 18, Oakland, CA 94608 c. Telephone number: 562-253-3985 d. The fee for service was: $ 71.00 e. I am: BY FAX (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) X registered California process server: (i) owner employee X independent contractor. For: ABC Legal Services, LLC (ii) X Registration No.: 1396 Registration #: 6779 (iii) X County: City and county San Francisco CA County: Los Angeles Page 2 of 3 POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Tracking #: 0100018641 REF: 868576 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. {{t:s;r:y;o:"Signer";w:250;h:45;}} 01/25/2023 {{t:t;r:y;o:"Signer";l:"Date";w:70;h:10;v:"13435fa6c2a17f83177fcbb5c4a9376ce85befeb";}} Date: ______________ Nathaniel Nichols (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) Page 3 of 3 PROOF OF SERVICE OF SUMMONS Tracking #: 0100018641 REF: 868576