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1 RYAN M. DAVIES (State Bar No. 192598)
RICHARD B. CANADA (State Bar No. 322036)
2 LS Carlson Law
A Professional Law Corporation
3
85 Enterprise, Suite 310
4 Aliso Viejo, CA 92656
Telephone: (949) 421-3030
5 Telecopier: (949) 421-3031
rdavies@lscarlsonlaw.com
6 rcanada@lscarlsonlaw.com
7 paralegals@lscarlsonlaw.com
8 Attorneys for Plaintiff ANGELO CALOIARO
9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SANTA CRUZ
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ANGELO CALOIARO, an individual Case No.: 24CV00643
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Plaintiff, DECLARATION OF RICHARD B. CANADA,
13 ESQ., IN SUPPORT OF PLAINTIFF’S
vs. APPLICATION FOR PUBLICATION OF
14 SUMMONS
15 SANTA CRUZ BEACH, LLC, a California
Limited Liability Company; ROGER R. Hon. Timothy Volkmann
16 SPOTSWOOD, TRUSTEE of THE EDNA Dept. 5
CATHERINE MESSINI REVOCABLE LIVING
17 TRUST dated August 25, 1989; THE EDNA Complaint Filed: March 4, 2024
CATHERINE MESSINI REVOCABLE LIVING Trial Date: TBD
18 TRUST dated August 25, 1989; ROCKET
19 MORTGAGE, LLC, a Michigan limited liability
company; MORTGAGE ELECTRONIC
20 REGISTRATION SYSTEMS, INC., a Michigan
corporation; ALL PERSONS UNKNOWN,
21 CLAIMING ANY LEGAL OR EQUITABLE
RIGHT, TITLE, ESTATE, LIEN, OR INTEREST
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IN THE PROPERTY DESCRIBED IN THE
23 COMPLAINT ADVERSE TO PLAINTIFF’S
TITLE, OR ANY CLOUD UPON PLAINTIFF’S
24 TITLE THERETO; and DOES 1–50, inclusive,
25 Defendants.
26
27 ///
28 ///
1
DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF
PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS
1 I, RICHARD B. CANADA, ESQ., declare as follows:
2 1. I am an associate attorney with LS Carlson Law, PC, the attorneys of record for Plaintiff
3 ANGELO CALOIARO, an individual (hereafter “Plaintiff”), in this action. I submit this Declaration in
4 support of Plaintiff’s Application and Order for Publication of Summons to serve Defendants ALL
5 PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE,
6 LIEN, OR INTEREST IN THE PROPERTIES DESCRIBED IN THE COMPLAINT ADVERSE TO
7 PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE THERETO by publication
8 pursuant to the Code of Civil Procedure § 415.50.
9 2. This declaration is based upon a review of the business records of LS Carlson Law, PC,
10 review of the files of this Court, review of the title history for the real property which is the subject of
11 this action, and information gained from reviewing this matter. If called as a witness to testify on the
12 issues set forth herein, I could and would testify as follows:
13 3. On March 4, 2024, Plaintiffs filed a Verified Complaint for Quiet Title and Reformation
14 of Instrument against Defendants SANTA CRUZ BEACH, LLC, a California Limited Liability
15 Company; ROGER R. SPOTSWOOD, TRUSTEE of THE EDNA CATHERINE MESSINI
16 REVOCABLE LIVING TRUST dated August 25, 1989; THE EDNA CATHERINE MESSINI
17 REVOCABLE LIVING TRUST dated August 25, 1989; ROCKET MORTGAGE, LLC, a Michigan
18 limited liability company; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a
19 Michigan corporation; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE
20 RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE
21 COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE
22 THERETO; and DOES 1–50, inclusive
23 4. The real property at issue in this action is commonly known as 1532 Wharf Road,
24 Capitola, California, 95010, or alternatively, 1500 Wharf Road #32, Capitola, California, 95010
25 (hereafter the “Subject Property”).
26 5. Plaintiff served the Summons & Verified Complaint on Defendant SANTA CRUZ
27 BEACH, LLC, a California Limited Liability Company, via substitute service on March 11, 2024.
28 ///
2
DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF
PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS
1 6. Plaintiff served the Summons & Verified Complaint on Defendant THE EDNA
2 CATHERINE MESSINI REVOCABLE LIVING TRUST dated August 25, 1989, via personal service
3 on its Trustee Roger R. Spotswood on March 12, 2024.
4 7. Plaintiff served the Summons & Verified Complaint on Defendant ROCKET
5 MORTGAGE, LLC, a Michigan limited liability company, via personal service on its registered agent
6 for service of process on March 13, 2024.
7 8. Plaintiff served the Summons & Verified Complaint on Defendant MORTGAGE
8 ELECTRONIC REGISTRATION SYSTEMS, INC., a Michigan corporation, via personal service on its
9 registered agent for service of process on March 13, 2024.
10 9. Plaintiff alleges that Defendants ALL PERSONS UNKNOWN, CLAIMING ANY
11 LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY
12 DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON
13 PLAINTIFF’S TITLE THERETO (hereafter the “Unknown Defendants”) may claim an interest adverse
14 to Plaintiff’s title to the Subject Property. At the time of the filing of the Verified Complaint in this
15 action, Plaintiff did not know the exact names, capacities, or interests in the Subject Property of the
16 Unknown Defendants, and thus sued them under that name.
17 10. This firm has identified all interests in the Subject Property appearing in the chain of title,
18 but by definition cannot know the identities of unknown claimants. Plaintiff is required in a quiet title
19 action to name all parties having adverse claims of record and may name all unknown parties who may
20 claim any interest in the properties subject to the action. (Code Civ. Proc. § 762.060). In this case, the
21 class of Unknown Defendants are not a person or entity, but instead a statutorily created group of
22 potential people and entities. Thus, the Unknown Defendants are impossible to personally serve.
23 11. Based on the information provided above, service by publication is requested and
24 required as to the Unknown Defendants.
25 12. Plaintiff is unable to serve the Unknown Defendants pursuant to Code of Civil Procedure
26 §§ 415.10 through 415.40. As such, Plaintiff must request an order to serve this class of persons pursuant
27 to Code of Civil Procedure § 415.50, which provides for service by publication when a party cannot be
28 located and served by reasonable diligence, and there exists a cause of action against the party or the
3
DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF
PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS
1 party to be served has or claims an interest in real or personal property that is subject to the jurisdiction
2 of the Court or the relief demanded in the action consists wholly or in part in excluding the party from
3 any interest in the property.
4 13. Plaintiff proposes to publish the Summons in the Santa Cruz Sentinel, which is a
5 newspaper of general circulation in the County of Santa Cruz, California. I am informed and believe that
6 publication of Plaintiff’s Summons in the Santa Cruz Sentinel is most likely to give actual notice to the
7 Unknown Defendants because the Subject Property is located in Santa Cruz County.
8 14. I declare under penalty of perjury under the laws of the State of California that the
9 foregoing is true and correct, and that this declaration is executed on March 21, 2023, in Aliso Viejo,
10 California.
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RICHARD B. CANADA, Declarant
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DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF
PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS
1 PROOF OF SERVICE
2
STATE OF CALIFORNIA )
3 ) ss.
COUNTY OF ORANGE )
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I am employed in the County of Orange, State of California. I am over the age of 18 and
5 not a party to the within action. My business address is 85 Enterprise, Suite 310, Aliso
Viejo, CA 92656.
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On March 22, 2024, I served the following document(s) described as follows:
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DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF
PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS
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On the following interested parties in this action:
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Santa Cruz Beach, LLC Rocket Mortgage, LLC
11 c/o Matthew J. Aulenta c/o CT Corporation System
240 Westgate Drive 330 North Brand Blvd., Suite 700
12 Watsonville, CA 95076 Glendale, CA 91203
13
Mortgage Electronic Registration Roger R. Spotswood, Trustee
14 System, Inc. 2655 Brommer St., Space 6
c/o CT Corporation System Santa Cruz, CA 95062
15 330 North Brand Blvd., Suite 700
Glendale, CA 91203
16
VIA MAIL -- CCP §1013(a). I caused a true copy of said document(s) to be placed in a
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sealed envelope, addressed as above and placed for collection and processing under the
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firm’s ordinary course of business. I am readily familiar with LS Carlson Law, PC’s
practice of collecting, processing and depositing correspondence for mailing. Under this
19 practice, envelopes would be deposited with the United States Postal Service at Aliso
Viejo, California the same day with postage thereon fully prepaid.
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I declare under penalty of perjury, under the laws of the State of California that the
21 foregoing is true and correct.
22
Executed on March 22, 2024, at Aliso Viejo, California.
23
____________________________
24 Diane D. Acuna
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__________________________________________________________________________________________
Proof Of Service
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1 RYAN M. DAVIES (State Bar No. 192598) RICHARD B. CANADA (State Bar No. 322036) 2 LS Carlson Law A Professional Law Corporation 3 85 Enterprise, Suite 310 4 Aliso Viejo, CA 92656 Telephone: (949) 421-3030 5 Telecopier: (949) 421-3031 rdavies@lscarlsonlaw.com 6 rcanada@lscarlsonlaw.com 7 paralegals@lscarlsonlaw.com 8 Attorneys for Plaintiff ANGELO CALOIARO 9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CRUZ 11 ANGELO CALOIARO, an individual Case No.: 24CV00643 12 Plaintiff, DECLARATION OF RICHARD B. CANADA, 13 ESQ., IN SUPPORT OF PLAINTIFF’S vs. APPLICATION FOR PUBLICATION OF 14 SUMMONS 15 SANTA CRUZ BEACH, LLC, a California Limited Liability Company; ROGER R. Hon. Timothy Volkmann 16 SPOTSWOOD, TRUSTEE of THE EDNA Dept. 5 CATHERINE MESSINI REVOCABLE LIVING 17 TRUST dated August 25, 1989; THE EDNA Complaint Filed: March 4, 2024 CATHERINE MESSINI REVOCABLE LIVING Trial Date: TBD 18 TRUST dated August 25, 1989; ROCKET 19 MORTGAGE, LLC, a Michigan limited liability company; MORTGAGE ELECTRONIC 20 REGISTRATION SYSTEMS, INC., a Michigan corporation; ALL PERSONS UNKNOWN, 21 CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST 22 IN THE PROPERTY DESCRIBED IN THE 23 COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S 24 TITLE THERETO; and DOES 1–50, inclusive, 25 Defendants. 26 27 /// 28 /// 1 DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS 1 I, RICHARD B. CANADA, ESQ., declare as follows: 2 1. I am an associate attorney with LS Carlson Law, PC, the attorneys of record for Plaintiff 3 ANGELO CALOIARO, an individual (hereafter “Plaintiff”), in this action. I submit this Declaration in 4 support of Plaintiff’s Application and Order for Publication of Summons to serve Defendants ALL 5 PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, 6 LIEN, OR INTEREST IN THE PROPERTIES DESCRIBED IN THE COMPLAINT ADVERSE TO 7 PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE THERETO by publication 8 pursuant to the Code of Civil Procedure § 415.50. 9 2. This declaration is based upon a review of the business records of LS Carlson Law, PC, 10 review of the files of this Court, review of the title history for the real property which is the subject of 11 this action, and information gained from reviewing this matter. If called as a witness to testify on the 12 issues set forth herein, I could and would testify as follows: 13 3. On March 4, 2024, Plaintiffs filed a Verified Complaint for Quiet Title and Reformation 14 of Instrument against Defendants SANTA CRUZ BEACH, LLC, a California Limited Liability 15 Company; ROGER R. SPOTSWOOD, TRUSTEE of THE EDNA CATHERINE MESSINI 16 REVOCABLE LIVING TRUST dated August 25, 1989; THE EDNA CATHERINE MESSINI 17 REVOCABLE LIVING TRUST dated August 25, 1989; ROCKET MORTGAGE, LLC, a Michigan 18 limited liability company; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a 19 Michigan corporation; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE 20 RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE 21 COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE 22 THERETO; and DOES 1–50, inclusive 23 4. The real property at issue in this action is commonly known as 1532 Wharf Road, 24 Capitola, California, 95010, or alternatively, 1500 Wharf Road #32, Capitola, California, 95010 25 (hereafter the “Subject Property”). 26 5. Plaintiff served the Summons & Verified Complaint on Defendant SANTA CRUZ 27 BEACH, LLC, a California Limited Liability Company, via substitute service on March 11, 2024. 28 /// 2 DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS 1 6. Plaintiff served the Summons & Verified Complaint on Defendant THE EDNA 2 CATHERINE MESSINI REVOCABLE LIVING TRUST dated August 25, 1989, via personal service 3 on its Trustee Roger R. Spotswood on March 12, 2024. 4 7. Plaintiff served the Summons & Verified Complaint on Defendant ROCKET 5 MORTGAGE, LLC, a Michigan limited liability company, via personal service on its registered agent 6 for service of process on March 13, 2024. 7 8. Plaintiff served the Summons & Verified Complaint on Defendant MORTGAGE 8 ELECTRONIC REGISTRATION SYSTEMS, INC., a Michigan corporation, via personal service on its 9 registered agent for service of process on March 13, 2024. 10 9. Plaintiff alleges that Defendants ALL PERSONS UNKNOWN, CLAIMING ANY 11 LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY 12 DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON 13 PLAINTIFF’S TITLE THERETO (hereafter the “Unknown Defendants”) may claim an interest adverse 14 to Plaintiff’s title to the Subject Property. At the time of the filing of the Verified Complaint in this 15 action, Plaintiff did not know the exact names, capacities, or interests in the Subject Property of the 16 Unknown Defendants, and thus sued them under that name. 17 10. This firm has identified all interests in the Subject Property appearing in the chain of title, 18 but by definition cannot know the identities of unknown claimants. Plaintiff is required in a quiet title 19 action to name all parties having adverse claims of record and may name all unknown parties who may 20 claim any interest in the properties subject to the action. (Code Civ. Proc. § 762.060). In this case, the 21 class of Unknown Defendants are not a person or entity, but instead a statutorily created group of 22 potential people and entities. Thus, the Unknown Defendants are impossible to personally serve. 23 11. Based on the information provided above, service by publication is requested and 24 required as to the Unknown Defendants. 25 12. Plaintiff is unable to serve the Unknown Defendants pursuant to Code of Civil Procedure 26 §§ 415.10 through 415.40. As such, Plaintiff must request an order to serve this class of persons pursuant 27 to Code of Civil Procedure § 415.50, which provides for service by publication when a party cannot be 28 located and served by reasonable diligence, and there exists a cause of action against the party or the 3 DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS 1 party to be served has or claims an interest in real or personal property that is subject to the jurisdiction 2 of the Court or the relief demanded in the action consists wholly or in part in excluding the party from 3 any interest in the property. 4 13. Plaintiff proposes to publish the Summons in the Santa Cruz Sentinel, which is a 5 newspaper of general circulation in the County of Santa Cruz, California. I am informed and believe that 6 publication of Plaintiff’s Summons in the Santa Cruz Sentinel is most likely to give actual notice to the 7 Unknown Defendants because the Subject Property is located in Santa Cruz County. 8 14. I declare under penalty of perjury under the laws of the State of California that the 9 foregoing is true and correct, and that this declaration is executed on March 21, 2023, in Aliso Viejo, 10 California. 11 12 RICHARD B. CANADA, Declarant 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA ) 3 ) ss. COUNTY OF ORANGE ) 4 I am employed in the County of Orange, State of California. I am over the age of 18 and 5 not a party to the within action. My business address is 85 Enterprise, Suite 310, Aliso Viejo, CA 92656. 6 7 On March 22, 2024, I served the following document(s) described as follows: 8 DECLARATION OF RICHARD B. CANADA, ESQ., IN SUPPORT OF PLAINTIFF’S APPLICATION FOR PUBLICATION OF SUMMONS 9 On the following interested parties in this action: 10 Santa Cruz Beach, LLC Rocket Mortgage, LLC 11 c/o Matthew J. Aulenta c/o CT Corporation System 240 Westgate Drive 330 North Brand Blvd., Suite 700 12 Watsonville, CA 95076 Glendale, CA 91203 13 Mortgage Electronic Registration Roger R. Spotswood, Trustee 14 System, Inc. 2655 Brommer St., Space 6 c/o CT Corporation System Santa Cruz, CA 95062 15 330 North Brand Blvd., Suite 700 Glendale, CA 91203 16 VIA MAIL -- CCP §1013(a). I caused a true copy of said document(s) to be placed in a 17 sealed envelope, addressed as above and placed for collection and processing under the 18 firm’s ordinary course of business. I am readily familiar with LS Carlson Law, PC’s practice of collecting, processing and depositing correspondence for mailing. Under this 19 practice, envelopes would be deposited with the United States Postal Service at Aliso Viejo, California the same day with postage thereon fully prepaid. 20 I declare under penalty of perjury, under the laws of the State of California that the 21 foregoing is true and correct. 22 Executed on March 22, 2024, at Aliso Viejo, California. 23 ____________________________ 24 Diane D. Acuna 25 26 27 28 __________________________________________________________________________________________ Proof Of Service