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(SPACE BELOW FOR FILING STAMP ONLY)
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ROBERT G. WILLIAMS, #068033
MARLA D. GARCIA, #292842
PEREZ, WILLIAMS, MEDINA & RODRIGUEZ, LLP
ATTORNEYS AT LAW
Fite
1432 DIVISADERO
FRESNO, CALIFORNIA 93721
Telephone (559) 445-0123
Facsimile (559) 265-4509
MAR 10 2016
FREANO. COUNTY suPeRion
Attorneys for Plaintiff, YOLANDA OLIVAS By. COURT
DEPU;
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
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-00o0-
10 YOLANDA OLIVAS, CASE NO.: 14CECG03296
W Plaintiff, EX PARTE APPLICATION FOR
ORDER FOR PUBLICATION OF
12 Vv. SUMMONS [CCP §415.50]
13 VALLEY PROTEIN, LLC; W.C.
STAFFING, INC. and W.C. STAFFING Accompanying Documents:
14 DIVERSIFIED, INC., each Individually and [PROPOSED] ORDER FOR
dba WEST COAST STAFFING; WEST PUBLICATION OF SUMMONS
15 COAST STAFFING; KOOSHAREM, LLC,
Individually and dba SELECT STAFFING;
16 SELECT STAFFING; SALVADOR JESUS
DIAZ, SR.; and DOES 1 to 75, inclusive,
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Defendants.
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19 Application is hereby made for an Order directing that the Summons and Complaint in
20 this action along with the Notice of Order to Show Cause hearing and Statement of Damages be
21 served on defendant, SALVADOR JESUS DIAZ, SR., by Publication in The Business Journal -
Fresno (Fresno County), which is a newspaper of general circulation of this State and County,
23 and is mostly likely to give defendant, SALVADOR JESUS DIAZ, SR., actual notice of the
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pendency of this action because the newspaper is the publication generally read by persons who
are interested in legal notices related to matters in Fresno County.
In support of this Application, the undersigned states:
1 The Summons and Complaint, which is for money damages, was filed on
November 3, 2014.
2. Decedent SALVADOR JESUS DIAZ, JR.’s only surviving heirs are his mother
and father, respectively, Plaintiff, YOLANDA OLIVAS, and Defendant, SALVADOR JESUS
DIAZ, SR.
3 Defendant, SALVADOR JESUS DIAZ, SR., is a necessary party to the action as
10 the father and an heir of decedent, SALVADOR JESUS DIAZ, JR.
YW 4. Defendant, SALVADOR JESUS DIAZ, SR., cannot with reasonable diligence be
12 served by the means set forth in Code of Civil Procedure, Sections 415.10 through 415.40 as
a2B5e<
02 0 13 Defendant cannot be located. In January 2016, I engaged the services of private investigator,
apoZ8
S29
83 14 Rocky J. Pipkin of Pipkin Detective Agency, to locate the defendant for service of a copy of the
go
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E2°8 15 Summons and Complaint. However, the diligent attempts made to locate the whereabouts of
16 defendant were unsuccessful, preventing service of process by the means set forth in Code of
7 Civil Procedure, Sections 415.10 through 415.40. Attached herein as Exhibit “A” is a copy of
18 the Declaration of Rocky J. Pipkin, dated February 11, 2016, reflecting attempts to locate
19 defendant, SALVADOR JESUS DIAZ, SR., for service of process.
20 POINTS AND AUTHORITIES
21 Code of Civil Procedure Section 415.50(a) provides in pertinent part: “A Summons may
be served by publication if upon affidavit it appears to the satisfaction of the court in which the
action is pending that the party to be served cannot with reasonable diligence be served in
24 another manner . . .” and the party upon whom service is to be made is a necessary party to the
action.
EX PARTE APPLICATION FOR ORDER, FOR PUBLICATION OF SUMMONS [CCP §415.50]
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Here, defendant, SALVADOR JESUS DIAZ, SR., is a necessary party to the action and
diligent efforts have been made to locate defendant for service of process without success.
As such, Plaintiffs respectfully request that this court issue an order for publication of the
Summons, Complaint, Notice of Order to Show Cause hearing, and Statement of Damages,
pursuant to Code of Civil Procedure section 415.50.
I declare under penalty of perjury under the laws of the State of California that I make
this declaration based upon my own personal knowledge, except as to those matters identified as
being based on information and belief, and as to those matters I believe them to be true. The
10 foregoing is true and correct and if called upon, I could and would testify competently as to the
1 matters contained herein.
12 Executed this 1 day of March 2016, in Fresno, California.
w HA Cre
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22a ze 14
5253
geeese 4 D. GARCIA
g<°8 15 Attorfey for Plaintiffs
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EX PARTE APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS [CCP §415.50]
EXHIBIT A ©
\. — J
cEIVE
eeu ap
In Re: Case No.:
Salvador Jesus Diaz, or. eclaration of Rocky J. Pipkin
I, Rocky Pipkin declare that I am a licensed P.I., CA Lic # PI 16269
and am over the age of eighteen. I am a citizen of the.United States. My_
primary business address is 4318 W Mineral King, Visalia CA 93291.
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I declare that on January 20, 2016 I was retained’by the law office of
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PEREZ, WILLIAMS, MEDINA & RODRIGUEZ in order to locate the decedents Father
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Salvador Jesus Diaz, Sr.
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On January 20 ’ 2016 t completed a thorough and diligent search of all
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Haynes/Polk directories, telephone books, property records, tax assessors,
.
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civil and criminal filings, all P.I. databases, computer searches, social
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networks and all other public records available in the county for which the
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subject’s Son lived. I have not been able to locate any information such as
18 s. %
.
any other possible addresses or phone numbers listed under the name of
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Salvador Jesus Diaz, Sr. in any of the surrounding counties of Fresno, Kings,
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Tulare, Kern or within the State of California or the United States.
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Based on the foregoing, I am informed and believed that the whereabouts
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of this subject are unknown at this time.
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Ir declare under penalty of perjury under the laws of the State of
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‘| Californ. da, that the foregoing is true and correct.
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Declaration of Rocky J. Pipkin - 1
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Dated this \ ( day of February, 2016
Rocky J. Pipkin
CA PI 16269
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Declaration of Rocky J. Pipkin - 2
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(SPACE BELOW FOR FILING STAMP ONLY) 4 ROBERT G. WILLIAMS, #068033 MARLA D. GARCIA, #292842 PEREZ, WILLIAMS, MEDINA & RODRIGUEZ, LLP ATTORNEYS AT LAW Fite 1432 DIVISADERO FRESNO, CALIFORNIA 93721 Telephone (559) 445-0123 Facsimile (559) 265-4509 MAR 10 2016 FREANO. COUNTY suPeRion Attorneys for Plaintiff, YOLANDA OLIVAS By. COURT DEPU; SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO ° -00o0- 10 YOLANDA OLIVAS, CASE NO.: 14CECG03296 W Plaintiff, EX PARTE APPLICATION FOR ORDER FOR PUBLICATION OF 12 Vv. SUMMONS [CCP §415.50] 13 VALLEY PROTEIN, LLC; W.C. STAFFING, INC. and W.C. STAFFING Accompanying Documents: 14 DIVERSIFIED, INC., each Individually and [PROPOSED] ORDER FOR dba WEST COAST STAFFING; WEST PUBLICATION OF SUMMONS 15 COAST STAFFING; KOOSHAREM, LLC, Individually and dba SELECT STAFFING; 16 SELECT STAFFING; SALVADOR JESUS DIAZ, SR.; and DOES 1 to 75, inclusive, 17 Defendants. 18 19 Application is hereby made for an Order directing that the Summons and Complaint in 20 this action along with the Notice of Order to Show Cause hearing and Statement of Damages be 21 served on defendant, SALVADOR JESUS DIAZ, SR., by Publication in The Business Journal - Fresno (Fresno County), which is a newspaper of general circulation of this State and County, 23 and is mostly likely to give defendant, SALVADOR JESUS DIAZ, SR., actual notice of the 24 -. ¢ \, pendency of this action because the newspaper is the publication generally read by persons who are interested in legal notices related to matters in Fresno County. In support of this Application, the undersigned states: 1 The Summons and Complaint, which is for money damages, was filed on November 3, 2014. 2. Decedent SALVADOR JESUS DIAZ, JR.’s only surviving heirs are his mother and father, respectively, Plaintiff, YOLANDA OLIVAS, and Defendant, SALVADOR JESUS DIAZ, SR. 3 Defendant, SALVADOR JESUS DIAZ, SR., is a necessary party to the action as 10 the father and an heir of decedent, SALVADOR JESUS DIAZ, JR. YW 4. Defendant, SALVADOR JESUS DIAZ, SR., cannot with reasonable diligence be 12 served by the means set forth in Code of Civil Procedure, Sections 415.10 through 415.40 as a2B5e< 02 0 13 Defendant cannot be located. In January 2016, I engaged the services of private investigator, apoZ8 S29 83 14 Rocky J. Pipkin of Pipkin Detective Agency, to locate the defendant for service of a copy of the go BO8G gg E2°8 15 Summons and Complaint. However, the diligent attempts made to locate the whereabouts of 16 defendant were unsuccessful, preventing service of process by the means set forth in Code of 7 Civil Procedure, Sections 415.10 through 415.40. Attached herein as Exhibit “A” is a copy of 18 the Declaration of Rocky J. Pipkin, dated February 11, 2016, reflecting attempts to locate 19 defendant, SALVADOR JESUS DIAZ, SR., for service of process. 20 POINTS AND AUTHORITIES 21 Code of Civil Procedure Section 415.50(a) provides in pertinent part: “A Summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in 24 another manner . . .” and the party upon whom service is to be made is a necessary party to the action. EX PARTE APPLICATION FOR ORDER, FOR PUBLICATION OF SUMMONS [CCP §415.50] 7 Here, defendant, SALVADOR JESUS DIAZ, SR., is a necessary party to the action and diligent efforts have been made to locate defendant for service of process without success. As such, Plaintiffs respectfully request that this court issue an order for publication of the Summons, Complaint, Notice of Order to Show Cause hearing, and Statement of Damages, pursuant to Code of Civil Procedure section 415.50. I declare under penalty of perjury under the laws of the State of California that I make this declaration based upon my own personal knowledge, except as to those matters identified as being based on information and belief, and as to those matters I believe them to be true. The 10 foregoing is true and correct and if called upon, I could and would testify competently as to the 1 matters contained herein. 12 Executed this 1 day of March 2016, in Fresno, California. w HA Cre 2 13 as eso ae gc o3 Ce 22a ze 14 5253 geeese 4 D. GARCIA g<°8 15 Attorfey for Plaintiffs 16 17 18 19 20 21 22 23 24 EX PARTE APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS [CCP §415.50] EXHIBIT A © \. — J cEIVE eeu ap In Re: Case No.: Salvador Jesus Diaz, or. eclaration of Rocky J. Pipkin I, Rocky Pipkin declare that I am a licensed P.I., CA Lic # PI 16269 and am over the age of eighteen. I am a citizen of the.United States. My_ primary business address is 4318 W Mineral King, Visalia CA 93291. 10 I declare that on January 20, 2016 I was retained’by the law office of 11 PEREZ, WILLIAMS, MEDINA & RODRIGUEZ in order to locate the decedents Father 12 Salvador Jesus Diaz, Sr. 13 On January 20 ’ 2016 t completed a thorough and diligent search of all 14 3 Haynes/Polk directories, telephone books, property records, tax assessors, . 15 civil and criminal filings, all P.I. databases, computer searches, social 16 networks and all other public records available in the county for which the 17 subject’s Son lived. I have not been able to locate any information such as 18 s. % . any other possible addresses or phone numbers listed under the name of 19 ‘ Salvador Jesus Diaz, Sr. in any of the surrounding counties of Fresno, Kings, 20 Tulare, Kern or within the State of California or the United States. 21 Based on the foregoing, I am informed and believed that the whereabouts 22 of this subject are unknown at this time. 23 Ir declare under penalty of perjury under the laws of the State of 24 . . ‘ + ‘| Californ. da, that the foregoing is true and correct. 25 ‘ 2 Declaration of Rocky J. Pipkin - 1 =, 4 . we Dated this \ ( day of February, 2016 Rocky J. Pipkin CA PI 16269 ~ a ae 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Declaration of Rocky J. Pipkin - 2