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COM57478 POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Gurstel Law Firm, P.C.
Christina Melhouse (#201818); Angie Hong Hoar (#212152)
3914 Murphy Canyon Rd., Ste. A125
San Diego, CA 92123
TELEPHONE NO.: (877) 344-4002 FAX NO. (Optional): (877) 750-6335
E-MAIL ADDRESS (Optional): cacommercial@gurstel.com
ATTORNEY FOR (Name): Plaintiff ODK Capital, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDRESS: 600 Administration Drive
MAILING ADDRESS: 600 Administration Drive
CITY AND ZIP CODE: Santa Rosa, CA 95403
BRANCH NAME: Hall of Justice - Civil Division
PLAINTIFF/PETITIONER: ODK Capital, LLC CASE NUMBER:
DEFENDANT/RESPONDENT: Gary McDonald & Son, Inc., et al. 23CV01417
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS COM57478
(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. summons
b. complaint
c. Alternative Dispute Resolution (ADR) package
d. Civil Case Cover Sheet (served in complex cases only)
e. cross-complaint
f. other (specify documents): NOTICE OF ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES, NOTICE OF CASE
MANAGEMENT CONFERENCE, and ORDER TO SHOW CAUSE
3. a. Party served (specify name of party as shown on documents served):
Gary McDonald & Son, Inc., a corporation
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):
Jeffrey Boykin, Defendant's Attorney
4. Address where the party was served:
319 Fayetteville St., #309, Raleigh, NC 27601
5. I served the party (check proper box)
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 (date): (2) at (time):
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.
Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10
Judicial Council of California PROOF OF SERVICE OF SUMMONS
POS-010 [Rev. January 1, 2007]
POS-010
PLAINTIFF/PETITIONER: ODK Capital, LLC CASE NUMBER:
DEFENDANT/RESPONDENT: Gary McDonald & Son, Inc., et al. 23CV01417
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): 03/19/2024 (2) from (city): San Diego, CA
(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):
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): Gary McDonald & Son, Inc., a corporation
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: Carly McCall
b. Address: 3914 Murphy Canyon Rd., Ste. A125, San Diego, CA 92123
c. Telephone number: 877-344-4002
d. The fee for service was: $ 0.00
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:
owner employee independent contractor.
(ii) Registration No.:
(iii) County:
8. 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: 03/19/2024
Carly McCall
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)
POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2
COM57478 POS-015
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY
NAME: Christina Melhouse (#201818); Angie Hong Hoar (#212152)
FIRM NAME: Gurstel Law Firm, P.C.
STREET ADDRESS: 3914 Murphy Canyon Road, Suite A125
CITY: San Diego STATE: CA ZIP CODE: 92123
TELEPHONE NO.: (877) 344-4002 FAX NO. : (877) 750-6335
E-MAIL ADDRESS: cacommercial@gurstel.com
ATTORNEY FOR (Name): Plaintiff ODK Capital, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDRESS: 600 Administration Drive
MAILING ADDRESS: 600 Administration Drive
CITY AND ZIP CODE: Santa Rosa, CA 95403
BRANCH NAME: Hall of Justice - Civil Division
Plaintiff/Petitioner: ODK Capital, LLC
Defendant/Respondent: Gary McDonald & Son, Inc., et al.
CASE NUMBER:
NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL 23CV01417
TO (insert name of party being served): Gary McDonald & Son, Inc., a corporation
NOTICE
The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil
Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you
(or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons
on you in any other manner permitted by law.
If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this
form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such
entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of
summons. If you return this form to the sender, service of a summons is deemed complete on the day you sign the
acknowledgment of receipt below.
Date of mailing: March 19, 2024
Angie Hong Hoar, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF SENDER—MUST NOT BE A PARTY IN THIS CASE)
ACKNOWLEDGMENT OF RECEIPT
This acknowledges receipt of (to be completed by sender before mailing):
1. A copy of the summons and of the complaint.
2. Other (specify):
CIVIL CASE COVER SHEET;
NOTICE OF ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES, NOTICE OF CASE MANAGEMENT
CONFERENCE, and ORDER TO SHOW CAUSE
(To be completed by recipient):
Date this form is signed: 22 March 2024
Gary McDonald & Son, Inc., a corporation c/o Jeffrey Boykin
(TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY, (SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE IF
ON WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY)
Page 1 of 1
Form Adopted for Mandatory Use
Judicial Council of California
NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code of Civil Procedure,
§§ 415.30, 417.10
POS-015 [Rev. January 1, 2005] www.courtinfo.ca.gov
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COM57478 POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Gurstel Law Firm, P.C. Christina Melhouse (#201818); Angie Hong Hoar (#212152) 3914 Murphy Canyon Rd., Ste. A125 San Diego, CA 92123 TELEPHONE NO.: (877) 344-4002 FAX NO. (Optional): (877) 750-6335 E-MAIL ADDRESS (Optional): cacommercial@gurstel.com ATTORNEY FOR (Name): Plaintiff ODK Capital, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS: 600 Administration Drive MAILING ADDRESS: 600 Administration Drive CITY AND ZIP CODE: Santa Rosa, CA 95403 BRANCH NAME: Hall of Justice - Civil Division PLAINTIFF/PETITIONER: ODK Capital, LLC CASE NUMBER: DEFENDANT/RESPONDENT: Gary McDonald & Son, Inc., et al. 23CV01417 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS COM57478 (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. summons b. complaint c. Alternative Dispute Resolution (ADR) package d. Civil Case Cover Sheet (served in complex cases only) e. cross-complaint f. other (specify documents): NOTICE OF ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES, NOTICE OF CASE MANAGEMENT CONFERENCE, and ORDER TO SHOW CAUSE 3. a. Party served (specify name of party as shown on documents served): Gary McDonald & Son, Inc., a corporation 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): Jeffrey Boykin, Defendant's Attorney 4. Address where the party was served: 319 Fayetteville St., #309, Raleigh, NC 27601 5. I served the party (check proper box) 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 (date): (2) at (time): 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. Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10 Judicial Council of California PROOF OF SERVICE OF SUMMONS POS-010 [Rev. January 1, 2007] POS-010 PLAINTIFF/PETITIONER: ODK Capital, LLC CASE NUMBER: DEFENDANT/RESPONDENT: Gary McDonald & Son, Inc., et al. 23CV01417 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): 03/19/2024 (2) from (city): San Diego, CA (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): 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): Gary McDonald & Son, Inc., a corporation 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: Carly McCall b. Address: 3914 Murphy Canyon Rd., Ste. A125, San Diego, CA 92123 c. Telephone number: 877-344-4002 d. The fee for service was: $ 0.00 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: owner employee independent contractor. (ii) Registration No.: (iii) County: 8. 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: 03/19/2024 Carly McCall (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2 COM57478 POS-015 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY NAME: Christina Melhouse (#201818); Angie Hong Hoar (#212152) FIRM NAME: Gurstel Law Firm, P.C. STREET ADDRESS: 3914 Murphy Canyon Road, Suite A125 CITY: San Diego STATE: CA ZIP CODE: 92123 TELEPHONE NO.: (877) 344-4002 FAX NO. : (877) 750-6335 E-MAIL ADDRESS: cacommercial@gurstel.com ATTORNEY FOR (Name): Plaintiff ODK Capital, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS: 600 Administration Drive MAILING ADDRESS: 600 Administration Drive CITY AND ZIP CODE: Santa Rosa, CA 95403 BRANCH NAME: Hall of Justice - Civil Division Plaintiff/Petitioner: ODK Capital, LLC Defendant/Respondent: Gary McDonald & Son, Inc., et al. CASE NUMBER: NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL 23CV01417 TO (insert name of party being served): Gary McDonald & Son, Inc., a corporation NOTICE The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you in any other manner permitted by law. If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. If you return this form to the sender, service of a summons is deemed complete on the day you sign the acknowledgment of receipt below. Date of mailing: March 19, 2024 Angie Hong Hoar, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF SENDER—MUST NOT BE A PARTY IN THIS CASE) ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of (to be completed by sender before mailing): 1. A copy of the summons and of the complaint. 2. Other (specify): CIVIL CASE COVER SHEET; NOTICE OF ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES, NOTICE OF CASE MANAGEMENT CONFERENCE, and ORDER TO SHOW CAUSE (To be completed by recipient): Date this form is signed: 22 March 2024 Gary McDonald & Son, Inc., a corporation c/o Jeffrey Boykin (TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY, (SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE IF ON WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY) Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of California NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code of Civil Procedure, §§ 415.30, 417.10 POS-015 [Rev. January 1, 2005] www.courtinfo.ca.gov