On March 15, 2023 a
Proof of Service
was filed
involving a dispute between
Creditors Adjustment Bureau, Inc.,
and
Afakori, Inc.,
Does 1 Through 10, Inclusive,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
POS-040
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR No: 200544 FOR COURT USE ONLY
NAME: David W. Pickard III
FIRM NAME: Law Office of David Pickard ELECTRONICALLY FILED
STREETADDRESS: 13215 Penn St.. Suite 300 SUPERIOR COURT OF CALIFORNIA
CWY: Whittier STATE: CA zp cove: 90602 COUNTY OF SAN BERNARDINO
TELEPHONE ~o.: 562.945.7500 FAx N0. : SAN BERNARDINO DISTRICT
E-MAIL ADDRESS: d3.pickard@pickardlawfirmcom
ATTORNEY FOR (name): Afakori.
1/1 6/2024 11:41 AM
lnc.. etc., et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO By: Abrianna Rodriguez, DEPUTY
STREET ADDRgss:247 W, Third St.
MAILING ADDRESS: Same
CITY AND ZIP CODE: San Bemardino, CA 9241 5-021 0
BRANCH NAMEISan Bemardino District - Civil Division
CASE NUMBER:
PIaintiff/Petitioner: CREDITORS ADJUSTMENT BUREAU, INC. CIVSBZ306548
Defendant/Respondent: AFAKORI , INC . and does 1 to 10 incl
JUDICIAL OFFICER:
Check method of service (only one):
E
E By Personal Service
By Messenger Service
E
E
By
By Fax
Mail E By Overnight Delivery DEPARTMENT:
326
Do not use this form to show service of a summons and complaint or for electronic service.
See USE OF THIS FORM on page 3.
. At the time of service Iwas over 18 years of age and not a party to this action.
My residence or business address is:
13215 Penn St.. Suite 300, Whittier. CA 90602
E The fax number from which served the documents
I is (complete if service was by fax):
On (date): January 16, 2024 I served the following documents (specifil):
NOTICE 0F MOTION AND MOTION TO SET ASIDE ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST
APFQEORI INC,- MEMORANDUM OF POINTS AND AUTHIORITIES IN SUPPORT; DECEAR OF LUZ
E
I
DAECEEEBENT
, SIDENT 0F DEFENDANT AFAKORI
The documents are listed in the Attachment to Proof of Service:Civil (Doéuments Served) (form PCS-040(D)).
served the documents on the person or persons below, as follows:
a. Name of person served:
E
b. (Complete if service was by personal service,
Business or residential address where person was served:
mail, overnight delivery, or messenger service.)
Law Office of Kenneth J. Freed, 4340 Fulton Ave.. Third Floor. Sherman Oaks. CA 91423
E (Complete if service
Fax number where person was served:
was by fax.)
E The names, addresses, and other applicable
Civil (Persons Served) (form POS-040(P)).
information about persons served is on the Attachment to Proof of Service—
The documents were served by the following means (specify):
E
a. By personal service. personally delivered the documents to the persons at the addresses listed in item 5. (1) For a
l
party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the
attorney's office, in an envelope or package clearly labeled to identify the atto rney being served, with a receptionist or an
individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left. by
leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For
a party, delivery was made to the party or by leaving the documents at the party's residence with some person not
younger than 18 years of age between the hours of eight in the morning and eight in the evening.
Page 1 of 3
Form Approved for Optional
Judicial Council oi California
Use PROOF OF SERVICE—CIVIL Code of Clvtl Procedure. §§1011. 1013. 10138.
2015.5; Cal. Rules of Court. tule 2.306
POS—Odo [Rev. January 1, 2020] (Proof of Service) www.courts.ca.gov
POS-040
CASE NAME: CASE NUMBER:
CREDITORS ADJUSTMENT BUREAU, INC. vs AFAKORI, INC. CWSBZ 3 o 6 5 4 8
6. b. E By United States mail. lenclosed the documents
addresses in item 5 and (specify one):
in a sealed envelope or package addressed to the persons at the
E
E
(1)
(2)
deposited the sealed envelope with the United States Postal Service, with the postage
placed the envelope for collection and mailing, following our ordinary business practices. am readily familiar with this
fully
I
prepaid.
business's practice for collecting and processing correspondence for mailing. 0n the same day that correspondence
is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Service. in a sealed envelope with postage fully prepaid.
l am a resident or employed in the county where the maiiing occurred. The envelope or package was placed in the mail at
and state):
c. E (city
By overnight delivery. enclosed the documents in an envelope or package provided by an overnight delivery carrier
l
and addressed to the persons at the addresses in item 5. placed the envelope or package for collection and overnight
I
delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
d. E By messenger service. served
the addresses listed in
I the documents by placing them in an envelope or package addressed to the persons at
item 5 and providing them to a professional messenger service for service. (A declaration by the
messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)
e. E By fax transmission. Based on an agreement of the parties to accept service by fax transmission. Ifaxed the documents
to thepersons at the fax numbers listed in item 5. No error was reported by the fax machine that used. A copy of the l
record of the fax transmission, which I printed out, is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Blanca P. Grijalva
(If item
/Z Z
(TYPE
é zzgéafl
OR PRINT NAME OF DECLARANT)
6d above is checked, the declaration
> Wafim (SIGNATURE 0F
below must be completed or a separate declaration from a messenger must be attached.)
DECLAM
DECLARATION OF MESSENGER
E By personal service. personally deiivered the envelope or package received from the declarant above to the persons at the
I
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by
leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being sewed,
with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or
papers could be left. by leaving them in a conspicuous place in the office between the hours of nine in the moming and five in the
evening. (2) For a party. delivery was made to the party or by leaving the documents at the party's residence with some person
not younger than 18 years of age between the hours of eight in the morning and eight in the evening.
At the time of service. lwas over 18 years of age. l am not a party to the above-referenced legal proceeding.
I served the envelope or package, as stated above, on (date):
l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
D
(NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
P084140 IRev. January 1. 20201 PROOF OF SERVICE—CIVIL Page 2 of:
(Proof of Service)
Document Filed Date
January 16, 2024
Case Filing Date
March 15, 2023
Category
Breach of Contract/Warranty Unlimited
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POS-040 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR No: 200544 FOR COURT USE ONLY NAME: David W. Pickard III FIRM NAME: Law Office of David Pickard ELECTRONICALLY FILED STREETADDRESS: 13215 Penn St.. Suite 300 SUPERIOR COURT OF CALIFORNIA CWY: Whittier STATE: CA zp cove: 90602 COUNTY OF SAN BERNARDINO TELEPHONE ~o.: 562.945.7500 FAx N0. : SAN BERNARDINO DISTRICT E-MAIL ADDRESS: d3.pickard@pickardlawfirmcom ATTORNEY FOR (name): Afakori. 1/1 6/2024 11:41 AM lnc.. etc., et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO By: Abrianna Rodriguez, DEPUTY STREET ADDRgss:247 W, Third St. MAILING ADDRESS: Same CITY AND ZIP CODE: San Bemardino, CA 9241 5-021 0 BRANCH NAMEISan Bemardino District - Civil Division CASE NUMBER: PIaintiff/Petitioner: CREDITORS ADJUSTMENT BUREAU, INC. CIVSBZ306548 Defendant/Respondent: AFAKORI , INC . and does 1 to 10 incl JUDICIAL OFFICER: Check method of service (only one): E E By Personal Service By Messenger Service E E By By Fax Mail E By Overnight Delivery DEPARTMENT: 326 Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. . At the time of service Iwas over 18 years of age and not a party to this action. My residence or business address is: 13215 Penn St.. Suite 300, Whittier. CA 90602 E The fax number from which served the documents I is (complete if service was by fax): On (date): January 16, 2024 I served the following documents (specifil): NOTICE 0F MOTION AND MOTION TO SET ASIDE ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST APFQEORI INC,- MEMORANDUM OF POINTS AND AUTHIORITIES IN SUPPORT; DECEAR OF LUZ E I DAECEEEBENT , SIDENT 0F DEFENDANT AFAKORI The documents are listed in the Attachment to Proof of Service:Civil (Doéuments Served) (form PCS-040(D)). served the documents on the person or persons below, as follows: a. Name of person served: E b. (Complete if service was by personal service, Business or residential address where person was served: mail, overnight delivery, or messenger service.) Law Office of Kenneth J. Freed, 4340 Fulton Ave.. Third Floor. Sherman Oaks. CA 91423 E (Complete if service Fax number where person was served: was by fax.) E The names, addresses, and other applicable Civil (Persons Served) (form POS-040(P)). information about persons served is on the Attachment to Proof of Service— The documents were served by the following means (specify): E a. By personal service. personally delivered the documents to the persons at the addresses listed in item 5. (1) For a l party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the atto rney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left. by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening. Page 1 of 3 Form Approved for Optional Judicial Council oi California Use PROOF OF SERVICE—CIVIL Code of Clvtl Procedure. §§1011. 1013. 10138. 2015.5; Cal. Rules of Court. tule 2.306 POS—Odo [Rev. January 1, 2020] (Proof of Service) www.courts.ca.gov POS-040 CASE NAME: CASE NUMBER: CREDITORS ADJUSTMENT BUREAU, INC. vs AFAKORI, INC. CWSBZ 3 o 6 5 4 8 6. b. E By United States mail. lenclosed the documents addresses in item 5 and (specify one): in a sealed envelope or package addressed to the persons at the E E (1) (2) deposited the sealed envelope with the United States Postal Service, with the postage placed the envelope for collection and mailing, following our ordinary business practices. am readily familiar with this fully I prepaid. business's practice for collecting and processing correspondence for mailing. 0n the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. in a sealed envelope with postage fully prepaid. l am a resident or employed in the county where the maiiing occurred. The envelope or package was placed in the mail at and state): c. E (city By overnight delivery. enclosed the documents in an envelope or package provided by an overnight delivery carrier l and addressed to the persons at the addresses in item 5. placed the envelope or package for collection and overnight I delivery at an office or a regularly utilized drop box of the overnight delivery carrier. d. E By messenger service. served the addresses listed in I the documents by placing them in an envelope or package addressed to the persons at item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e. E By fax transmission. Based on an agreement of the parties to accept service by fax transmission. Ifaxed the documents to thepersons at the fax numbers listed in item 5. No error was reported by the fax machine that used. A copy of the l record of the fax transmission, which I printed out, is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Blanca P. Grijalva (If item /Z Z (TYPE é zzgéafl OR PRINT NAME OF DECLARANT) 6d above is checked, the declaration > Wafim (SIGNATURE 0F below must be completed or a separate declaration from a messenger must be attached.) DECLAM DECLARATION OF MESSENGER E By personal service. personally deiivered the envelope or package received from the declarant above to the persons at the I addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being sewed, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left. by leaving them in a conspicuous place in the office between the hours of nine in the moming and five in the evening. (2) For a party. delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening. At the time of service. lwas over 18 years of age. l am not a party to the above-referenced legal proceeding. I served the envelope or package, as stated above, on (date): l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: D (NAME OF DECLARANT) (SIGNATURE OF DECLARANT) P084140 IRev. January 1. 20201 PROOF OF SERVICE—CIVIL Page 2 of: (Proof of Service)