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STEVEN J. BLEASDELL (SBN 191522)
1 RICHARD S. BAUM (SBN 178760)
2 BEYERS COSTIN SIMON
A Professional Corporation
3 200 Fourth Street, Suite 400
Santa Rosa, CA 95401
4 Tel: 707.547.2000
Fax: 707.526.2746
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sbleasdell@beyerscostin.com
6 rbaum@beyerscostin.com
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JAMES C. NIELSEN (111889)
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jnielsen@NKLLP.law
9 MEGAN W. WENDELL (238423)
mwendell@NKLLP.law
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NIELSEN KATIBAH LLP
11 100 Smith Ranch Road, Suite 350
San Rafael, California 94903
12 Telephone: (415) 693-0900
13 Facsimile: (415) 693-9674
14 Attorneys for Plaintiff/Cross-Defendants/Cross-Complainants
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HARMONY HOME IMPROVEMENTS, INC.
FEDOR CHERNIOGLO
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17 SUPERIOR COURT OF CALIFORNIA
18 COUNTY OF SONOMA
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HARMONY HOME IMPROVEMENTS, INC., a Case No.: SCV-272568
20 California Corporation,
21 PROOF OF SERVICE OF
Plaintiff,
SUMMONS AND CROSS-
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v. COMPLAINT ON ALPHA FIRE
23 SUPPRESSION SYSTEMS,
KEVIN COOKMAN, KELLY TOPPING and DOES INC.
24 1-10,
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Defendants.
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_______________________________________________________________________________________
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KEVIN COOKMAN, KELLY TOPPING, Complaint filed: February 7, 2023
2 Cross-Complainants First Amended Cross-Complaint
filed: October 10, 2023
3 v.
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HARMONY HOME IMPROVEMENTS, INC,
5 et. al.,
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Cross-Defendants.
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HARMONY HOME IMPROVEMENTS, INC.,
8 FEDOR CHERNIOGLO,
9 Cross-Complainants
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v.
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SETH E. NOTO and DEAN M. NOTO dba S&S
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RE-WALL; ORTAK CONSTRUCTION, INC.;
13 DAVID HARRIS dba HARRIS
CONSTRUCTION; ALPHA FIRE
14 SUPPRESSION SYSTEMS, INC.; ZOES 1-20,
15 inclusive,
16 Cross-Defendants.
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POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Megan Wendell SBN 238423
Nielsen Katibah LLP
100 Smith Ranch Road Suite 350
San Rafael, CA 94903
TELEPHONE NO.: (415) 248-0163 FAX NO. (Optional):
E-MAIL ADDRESS (Optional): mwendell@nkllp.law
ATTORNEY FOR (Name): Cross Complainant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA - (EFILING)
STREET ADDRESS: 600 Administration Dr.
MAILING ADDRESS: 600 Administration Dr.
CITY AND ZIP CODE: Santa Rosa, CA 95403
BRANCH NAME: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA -
(EFILING)
PLAINTIFF/PETITIONER: Harmony Home Improvements, Inc. CASE NUMBER:
SCV-272568
DEFENDANT/RESPONDENT: Kevin Cookman
Ref. No. or File No.:
PROOF OF SERVICE SUMMONS 3701-745
(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. BY FAX
2. I served copies of: Cross-Complaint; Summons on Cross Complaint
3. a. Party served (specify name of party as shown on documents served): Alpha Fire Suppression Systems, Inc.
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 on whom substituted service was made) (specify name and relationship to the party named in item 3a):
By Serving JACK A GALE, Agent for Service
4. Address where the party was served: 2391 Circadian Way Santa Rosa, CA 95407
5. I served the party (check proper b ox)
a. 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: (2) at:
b. by substituted service. On: 3/4/2024 at: 10:47 AM 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):
GAYLE MUNIZ
MANAGER
(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 dweling 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 of 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: from: or a declaration of mailing is attached.
Page 1 of 3
POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS
Invoice # 9187663-03
PLAINTIFF/PETITIONER: Harmony Home Improvements, Inc. CASE NUMBER:
DEFENDANT/RESPONDENT: Kevin Cookman SCV-272568
(5) I attach a declaration of diligence stating actions taken first to attempt personal service.
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: (2) from:
(3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope
addressed to me. (Attach completed Notice and Acknowledgment 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. as an individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as occupant.
d. On behalf of (specify): Alpha Fire Suppression Systems, Inc.
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 416.70 (ward or conservatee)
company/association)
416.40 (association or partnership) 416.90 (authorized person)
416.50 (public entity) 415.46 (occupant)
other:
7. Person who served papers
a. Name: Kevin Ardoin
b. Address: 465 Stony Point Road Suite 201, Santa Rosa, CA 94507
c. Telephone number: 909-664-9577
d. The fee for service was: $170.00
e. I am:
(1) not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) a registered California process server:
(i) owner employee independent contractor.
(ii) Registration No.: P-238
(iii) County: Sonoma
POS-010 [Rev. January 1, 2007] Page 2 of 3
PROOF OF SERVICE OF SUMMONS
Invoice #: 9187663-03
PLAINTIFF/PETITIONER: Harmony Home Improvements, Inc. CASE NUMBER:
DEFENDANT/RESPONDENT: Kevin Cookman SCV-272568
8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Kevin Ardoin Date: 03/06/2024
POS-010 [Rev. January 1, 2007] Page 3 of 3
PROOF OF SERVICE OF SUMMONS
Invoice #: 9187663-03
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY
Megan Wendell SBN 238423 (415) 248-0163
Nielsen Katibah LLP
100 Smith Ranch Road Suite 350
San Rafael, CA 94903
ATTORNEY FOR Cross Complainant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA - (EFILING)
600 Administration Dr.
Santa Rosa, CA 95403
SHORT TITLE OF CASE:
Harmony Home Improvements, Inc. vsCookman
DATE: TIME: DEP./DIV. CASE NUMBER:
SCV-272568
Proof of Service by Mail Ref. No. or File No:
3701-745
BY FAX
I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place.
On 03/04/2024 after substituted service under section C.C.P. 415.20(a), 415.20(b), or 415.95(a) was made, I served the within:
Cross-Complaint; Summons on Cross Complaint
On the defendant, in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon pre-paid for first class
in the United States mail At: Chino Hills, California, addressed as follows:
Alpha Fire Suppression Systems, Inc.
JACK A GALE - Agent for Service
2391 Circadian Way Santa Rosa, CA 95407
Person attempting service:
a. Name: Patricia Gonzalez
b. Address: 15345 Fairfield Ranch Rd Suite 200, Chino Hills, CA 91709
c. Telephone number: 909-664-9577
d. The fee for this service was: 170.00
e. I am:
(3) [X] a registered California process server:
(i) [X] Employee
(ii) Registration No.: 1086
(iii) County: San Bernardino
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Patricia Gonzalez Date: 03/04/2024
Proof of Se rvice by M ail Invoice #: 9187663-03
1 PROOF OF SERVICE
2 I declare that:
I am a citizen of the United States, employed in the County of Marin. I am over the age
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of eighteen years, and not a party to the within cause. My business address is 100 Smith Ranch
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Road, Suite 350, San Rafael, California 94903. On the date set forth below, I served true and
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correct copies of the following document(s) described as follows:
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PROOF OF SERVICE OF SUMMONS AND CROSS-COMPLAINT ON ALPHA
8 FIRE SUPPRESSION SYSTEMS, INC.
9 [ ] (BY CM/ECF NOTICE OF ELECTRONIC FILING) I electronically filed the
document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case
10 who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case
who are not registered CM/ECF users will be served by mail or by other means permitted by the
11 court rules.
12 [ ] (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in
the United States mail at San Rafael, California.
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[ X ] (BY ELECTRONIC SERVICE) by transmitting via email the document(s) listed above
14 to the email address(es) set forth below, per the agreement of the parties, on this date.
15 Attorneys for Defendants/Cross-Complainants KEVIN COOKMAN and KELLY
TOPPING
16 RICHARD W. FREEMAN, JR.
The Law Offices of Richard Freeman
17
50 Santa Rosa Ave., Suite 400
18 Santa Rosa, CA 95404
Tel: (707) 757-8206
19 Fax: (707) 921-7329
Email: rfreemanattorney@sonic.net
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Co-Counsel for Plaintiff/Cross-Defendants/Cross-Complainants HARMONY HOME
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IMPROVEMENTS, INC. and FEDOR CHERNIOGLO
22 STEVEN J. BLEASDELL
RICHARD S. BAUM
23 Beyers Costin Simon
200 Fourth Street, Suite 400
24 Santa Rosa, CA 95401
Tel: (707) 547-2000
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Fax: (707) 526-2756
26 Email: sbleasdell@beyerscostin.com, rbaum@beyerscostin.com, sgray@beyerscostin.com
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_______________________________________________________________________________________
1 I declare under penalty of perjury that the foregoing is true and correct and that this declaration
2 was executed on March 18, 2024, at San Rafael, California.
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4 /s/ Megan W. Wendell
Megan W. Wendell
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STEVEN J. BLEASDELL (SBN 191522) 1 RICHARD S. BAUM (SBN 178760) 2 BEYERS COSTIN SIMON A Professional Corporation 3 200 Fourth Street, Suite 400 Santa Rosa, CA 95401 4 Tel: 707.547.2000 Fax: 707.526.2746 5 sbleasdell@beyerscostin.com 6 rbaum@beyerscostin.com 7 JAMES C. NIELSEN (111889) 8 jnielsen@NKLLP.law 9 MEGAN W. WENDELL (238423) mwendell@NKLLP.law 10 NIELSEN KATIBAH LLP 11 100 Smith Ranch Road, Suite 350 San Rafael, California 94903 12 Telephone: (415) 693-0900 13 Facsimile: (415) 693-9674 14 Attorneys for Plaintiff/Cross-Defendants/Cross-Complainants 15 HARMONY HOME IMPROVEMENTS, INC. FEDOR CHERNIOGLO 16 17 SUPERIOR COURT OF CALIFORNIA 18 COUNTY OF SONOMA 19 HARMONY HOME IMPROVEMENTS, INC., a Case No.: SCV-272568 20 California Corporation, 21 PROOF OF SERVICE OF Plaintiff, SUMMONS AND CROSS- 22 v. COMPLAINT ON ALPHA FIRE 23 SUPPRESSION SYSTEMS, KEVIN COOKMAN, KELLY TOPPING and DOES INC. 24 1-10, 25 Defendants. 26 27 28 1 _______________________________________________________________________________________ 1 KEVIN COOKMAN, KELLY TOPPING, Complaint filed: February 7, 2023 2 Cross-Complainants First Amended Cross-Complaint filed: October 10, 2023 3 v. 4 HARMONY HOME IMPROVEMENTS, INC, 5 et. al., 6 Cross-Defendants. 7 HARMONY HOME IMPROVEMENTS, INC., 8 FEDOR CHERNIOGLO, 9 Cross-Complainants 10 v. 11 SETH E. NOTO and DEAN M. NOTO dba S&S 12 RE-WALL; ORTAK CONSTRUCTION, INC.; 13 DAVID HARRIS dba HARRIS CONSTRUCTION; ALPHA FIRE 14 SUPPRESSION SYSTEMS, INC.; ZOES 1-20, 15 inclusive, 16 Cross-Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 2 _______________________________________________________________________________________ POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Megan Wendell SBN 238423 Nielsen Katibah LLP 100 Smith Ranch Road Suite 350 San Rafael, CA 94903 TELEPHONE NO.: (415) 248-0163 FAX NO. (Optional): E-MAIL ADDRESS (Optional): mwendell@nkllp.law ATTORNEY FOR (Name): Cross Complainant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA - (EFILING) STREET ADDRESS: 600 Administration Dr. MAILING ADDRESS: 600 Administration Dr. CITY AND ZIP CODE: Santa Rosa, CA 95403 BRANCH NAME: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA - (EFILING) PLAINTIFF/PETITIONER: Harmony Home Improvements, Inc. CASE NUMBER: SCV-272568 DEFENDANT/RESPONDENT: Kevin Cookman Ref. No. or File No.: PROOF OF SERVICE SUMMONS 3701-745 (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. BY FAX 2. I served copies of: Cross-Complaint; Summons on Cross Complaint 3. a. Party served (specify name of party as shown on documents served): Alpha Fire Suppression Systems, Inc. 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 on whom substituted service was made) (specify name and relationship to the party named in item 3a): By Serving JACK A GALE, Agent for Service 4. Address where the party was served: 2391 Circadian Way Santa Rosa, CA 95407 5. I served the party (check proper b ox) a. 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: (2) at: b. by substituted service. On: 3/4/2024 at: 10:47 AM 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): GAYLE MUNIZ MANAGER (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 dweling 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 of 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: from: or a declaration of mailing is attached. Page 1 of 3 POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Invoice # 9187663-03 PLAINTIFF/PETITIONER: Harmony Home Improvements, Inc. CASE NUMBER: DEFENDANT/RESPONDENT: Kevin Cookman SCV-272568 (5) I attach a declaration of diligence stating actions taken first to attempt personal service. 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: (2) from: (3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgment 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. as an individual defendant. b. as the person sued under the fictitious name of (specify): c. as occupant. d. On behalf of (specify): Alpha Fire Suppression Systems, Inc. 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 416.70 (ward or conservatee) company/association) 416.40 (association or partnership) 416.90 (authorized person) 416.50 (public entity) 415.46 (occupant) other: 7. Person who served papers a. Name: Kevin Ardoin b. Address: 465 Stony Point Road Suite 201, Santa Rosa, CA 94507 c. Telephone number: 909-664-9577 d. The fee for service was: $170.00 e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) a registered California process server: (i) owner employee independent contractor. (ii) Registration No.: P-238 (iii) County: Sonoma POS-010 [Rev. January 1, 2007] Page 2 of 3 PROOF OF SERVICE OF SUMMONS Invoice #: 9187663-03 PLAINTIFF/PETITIONER: Harmony Home Improvements, Inc. CASE NUMBER: DEFENDANT/RESPONDENT: Kevin Cookman SCV-272568 8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Kevin Ardoin Date: 03/06/2024 POS-010 [Rev. January 1, 2007] Page 3 of 3 PROOF OF SERVICE OF SUMMONS Invoice #: 9187663-03 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY Megan Wendell SBN 238423 (415) 248-0163 Nielsen Katibah LLP 100 Smith Ranch Road Suite 350 San Rafael, CA 94903 ATTORNEY FOR Cross Complainant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA - (EFILING) 600 Administration Dr. Santa Rosa, CA 95403 SHORT TITLE OF CASE: Harmony Home Improvements, Inc. vsCookman DATE: TIME: DEP./DIV. CASE NUMBER: SCV-272568 Proof of Service by Mail Ref. No. or File No: 3701-745 BY FAX I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place. On 03/04/2024 after substituted service under section C.C.P. 415.20(a), 415.20(b), or 415.95(a) was made, I served the within: Cross-Complaint; Summons on Cross Complaint On the defendant, in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon pre-paid for first class in the United States mail At: Chino Hills, California, addressed as follows: Alpha Fire Suppression Systems, Inc. JACK A GALE - Agent for Service 2391 Circadian Way Santa Rosa, CA 95407 Person attempting service: a. Name: Patricia Gonzalez b. Address: 15345 Fairfield Ranch Rd Suite 200, Chino Hills, CA 91709 c. Telephone number: 909-664-9577 d. The fee for this service was: 170.00 e. I am: (3) [X] a registered California process server: (i) [X] Employee (ii) Registration No.: 1086 (iii) County: San Bernardino I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Patricia Gonzalez Date: 03/04/2024 Proof of Se rvice by M ail Invoice #: 9187663-03 1 PROOF OF SERVICE 2 I declare that: I am a citizen of the United States, employed in the County of Marin. I am over the age 3 of eighteen years, and not a party to the within cause. My business address is 100 Smith Ranch 4 Road, Suite 350, San Rafael, California 94903. On the date set forth below, I served true and 5 correct copies of the following document(s) described as follows: 6 7 PROOF OF SERVICE OF SUMMONS AND CROSS-COMPLAINT ON ALPHA 8 FIRE SUPPRESSION SYSTEMS, INC. 9 [ ] (BY CM/ECF NOTICE OF ELECTRONIC FILING) I electronically filed the document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case 10 who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the 11 court rules. 12 [ ] (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at San Rafael, California. 13 [ X ] (BY ELECTRONIC SERVICE) by transmitting via email the document(s) listed above 14 to the email address(es) set forth below, per the agreement of the parties, on this date. 15 Attorneys for Defendants/Cross-Complainants KEVIN COOKMAN and KELLY TOPPING 16 RICHARD W. FREEMAN, JR. The Law Offices of Richard Freeman 17 50 Santa Rosa Ave., Suite 400 18 Santa Rosa, CA 95404 Tel: (707) 757-8206 19 Fax: (707) 921-7329 Email: rfreemanattorney@sonic.net 20 Co-Counsel for Plaintiff/Cross-Defendants/Cross-Complainants HARMONY HOME 21 IMPROVEMENTS, INC. and FEDOR CHERNIOGLO 22 STEVEN J. BLEASDELL RICHARD S. BAUM 23 Beyers Costin Simon 200 Fourth Street, Suite 400 24 Santa Rosa, CA 95401 Tel: (707) 547-2000 25 Fax: (707) 526-2756 26 Email: sbleasdell@beyerscostin.com, rbaum@beyerscostin.com, sgray@beyerscostin.com 27 28 1 _______________________________________________________________________________________ 1 I declare under penalty of perjury that the foregoing is true and correct and that this declaration 2 was executed on March 18, 2024, at San Rafael, California. 3 4 /s/ Megan W. Wendell Megan W. Wendell 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 _______________________________________________________________________________________