Preview
UA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-31-2012 10:08 am
Case Number: CUD-12-642294
Filing Date: Oct-31-2012 10:06
Filed by: MELISSA DONG
Juke Box: 001 Image: 03823710
GENERIC CIVIL FILING (NO FEE)
D. BUCKLEY PROPERTIES INC., VS. PALOMA GAOS et al
001003823710
Instructions:
Please place this sheet on top of the document to be scanned.RAQUEL FOX, ESQ., State Bar #131675 L D
TENDERLOIN HOUSING CLINIC, INC. F I & mis
126 Hyde Street, 2" Floor Seer, Sider rane?
San Francisco, CA 94102 APPELLATE DIVISION
Telephone: (415) 771-9850 OCT 3 12012
Facsimile: (415) 771-1287
E-mail: Raquel @thclinic.org
Attorney for Petitioners
SUPERIOR COURT OF THE STATE OF CALIF
COUNTY OF SAN FRANCISCO —LIMITED CIVIL JURISDICTION
(APPELLATE DIVISION)
PALOMA GAOS, ANDRES )
LOPEZ, FELIX GAOS, MARIANO) Appeal No. 642294
GAOS, }
Petitioners ) San Francisco Superior Court Limited Civil
vs ; Jurisdiction Case No. CUD-12-642294
‘ ) (Hon. Ronald E. Quidachay)
SUPERIOR COURT OF THE )
a OR CTION } SUPPLEMENTAL EXHIBIT NUMBER 8
CITY AND COUNTY OFSAN ") IN SUPPORT OF PETITION FOR WRIT
FRANCISCO. ) OF MANDATE
)
Respondent )
)
D BUCKELY PROPERTIES, INC.)
)
Real Party in Interest. ;
TABLE OF SUPPLEMENTAL EXHIBIT
8. Certified Copy of Amended Notice of Tenants’ Claim of Right to
Extension, Notice of Nondispute of Tenants’ Claim of Extension and Notice of
New date for Withdrawal of Unit 2321 Bush Street dated May 24, 2011.'
' This document establishes that after February 2011 when D Buckley Properties, Inc. “allegedly” became aware
that Felix and Mariano Gaos were not tenants, David Buckley on behalf of D Buckley Properties, Inc. did not
dispute the claim of Andres Lopez, Felix Gaos and Mariano Gaos of 2321 Bush Street, San Francisco,
California of their right to the extension and additional relocation fees.
1
SUPPLEMENTAL EXHIBIT IN SUPPORT OF PETITION FOR WRIT OF MANDATEEXHIBITof San rranecisco
4 t
AMENDED liedias ttt if
ang Yiol, Executive Director
NOTICE OF TENANTS’ CLAIM OF RIGHT TO EXERRSTOS
NOTICE OF NONDISPUTE OF TENANTS’ CLAIM OF EXTENSION
AND NOTICE OF NEW DATE FOR WITHDRAWAL OF UNIT 2321 BUSH STREET
TO: PALOMA GAOS, ANDRES LOPEZ, FELIX GAOS, MARIANO GAOS
(2321 Bush Street, San Francisco, CA 94115);
SAN FRANCISCO RESIDENTIAL RENT STABILIZATION BOARD
On June 10, 2010, all Tenants at the property were served with a Notice of Termination
of Tenancy pursuant to Government Code Section 7060 et. seq. and Rent Ordinance Section
37.9(a)(13).
On June 10, 2010, a Notice of Intent to Withdraw Residential Units from the Rental
Market was filed with the San Francisco Residential Rent Stabilization Board.
On June 11, 2010 all tenants were served with a Notification of Filing of Notice of Intent
to Withdraw Residential Units from Rental Market (Ellis Act).
On July 20, 2010, Owner’s attorney received notification (dated July 20, 2010) from
Paloma Gaos and Andres Lopez through their counsel, advising of the identities of the additional
two occupants of unit 2321 Bush Street, San Francisco, CA 94115, namely Felix Gaos and
Mariano Gaos.
By letter dated July 20, 2010, Paloma Gaos, Andres Lopez, Felix Gaos and Mariano Gaos
through their counsel advised Owner’s attorney that Andres Lopez, Felix Gaos and Mariano
Gaos claim entitlement to the one year extension based upon their age.
On July 26, 2010, owner’s attorney provided additional relocation expenses to Andres
Lopez through his counsel and advisement that he would receive notice of the new date of
withdrawal.
On August 2, 2010, owner’s attorney provided additional relocation expenses to Felix
Gaos and Mariano Gaos through counsel and advisement that they would receive notice of the
new date of withdrawal. On August 2, 2010, owner’s attorney also provided basic expenses to
Felix Gaos and Mariano Gaos.
YOU ARE HEREBY FURTHER NOTIFIED pursuant to Government Code Section
7060.4 and Rent Ordinance Section 37.9A(f)(4)(E) as follows :
Page | of 2relocation fees.
2) The new date for withdrawal of 2321 Bush Street, San Francisco, CA 94115
under Government Code Section 7060.4 and Rent Ordinance Section 37.9A(f)(4) is
June 10, 2011.
Dated : May 24, 2011
Page 2 of 2
4d if
\ Bk Zu ! a,
David Buckley : \
Agent for D. Buckley Properties Inc. }
true ana certified copy of the
which is on file wth the
Rent Stabilization anc
Dewne Volt, Executive Director
eta g ALinv
PROOF OF SERVICE
Tama citizen of the United States, employed in the Ciry and County of San Francisco,
California. f declare that Iam over the age of eighteen years in age and nota party to his action.
My business address is 1965 Market Street, 2nd Floor, San Francisco, California 94103.
On the date below, I served true and correct copies of the following documents :
AMENDED
NOTICE OF TENANTS’ CLAIM OF RIGHT TO EXTENSI
NOTICE OF NONDISPUTE OF TENANTS’ CLAIM OF EXTENSION;
NOTICE OF NEW DATE FOR WITHDRAWAL OF UNIT 2321 BUSH STREET.
on the following named person(s) by :
[X ] U.S. MAIL: Causing an envelope to be addressed thereto, true copy of the foregoing
documents to be enclosed and sealed therein, with postage prepaid and deposited said envelope
in the United States Post Mail at San Francisco, California, for collection and mailing to the
office of the addressee on the date shown herein following ordinary business practices.
Ms. Raquel Fox, Esq. San Francisco Residential Rent Board
Tenderloin Housing Clinic 25 Van Ness Avenue, Ste. 320
126 Hyde Street San Francisco, CA 94102
San Francisco, CA 94102
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on May 24, 2011 at San Francisco, California.
IG and certiiied at
picts is on file ates ie
tal Rent Stabihzation anc Kozubal
on Board of the City and Sounty Joanna Kozuba
> Francisce: Ny and County Declarant
4
totus
) Wielt,w
e e
PROOF OF SERVICE
, emploved in the City and County of San Francisco,
ze of eighteen years in age and nota party to this action.
Tam a citizen of the United Sra
Calitornia, T declare that [am over the a
My business address is 1965 Market Street, 2nd Floor, San Francisco, California 94103.
On the date below, I served true and correct copies of the following documents :
AMENDED
NOTICE OF TENANTS’ CLAIM OF RIGHT TO EXTENSION;
NOTICE OF NONDISPUTE OF TENANTS’ CLAIM OF EXTENSION;
NOTICE OF NEW DATE FOR WITHDRAWAL OF UNIT 2321 BUSH STREET.
on the following named person(s) by :
[X ] HAND DELIVERY: Causing each envelope to be personally delivered to the
addressees.
[X ] U.S.MAIL: — Causing an envelope to be addressed thereto, true copy of the foregoing
documents to be enclosed and sealed therein, with postage prepaid and deposited said envelope
in the United States Post Mail at San Francisco, California, for collection and mailing to the
office of the addressee on the date shown herein following ordinary business practices.
Paloma Gaos
Andres Lopez
Felix Gaos
Mariano Gaos
2321 Bush Street
San Francisco, CA 94115
a and
attha City and County
Delene Wott,
Ie, aL RT LTA
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on May 24, 2011 at San Francisco, hy
Ld ——
David Buckley
DeclarantPOS-040
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
Raquel Fox, Esq., State Bar #13167:
~ Tenderloin Housing Clinic, Inc.
126 Hyde Street, 2nd Floor
San Francisco, CA 94102-4514
TetePHONENO: 415-771-9850 FAXNO.(Optionay: 415-771-1287
E-MAIL ADDRESS (Optiona: raquel@thclinic.org
ATTORNEY FOR (Name) Defendants.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
streraporess: 400 McAllister Street
mauncaooress: 400 McAllister Street
city ano zip cove: San Francisco, CA 94102-4514
srancuname: Unlimited Civil Jurisdiction
PLAINTIFF/PETITIONER: D. Buckley Properties, Inc.
DEFENDANT/RESPONDENT Paloma Gaos, Andres Lopez, Felix Gaos, etc. CASE NUMBER
PROOF OF SERVICE—CIVIL CUD-12-642294
Check method of service (only one):
[1 By Personal Service [5 py mait [1 By overnight Delivery JuDse
By Messenger Service (1) By Fax [1] By Electronic Service DEPT
(Do not use this proof of service to show service of a Summons and complaint.)
1. At the time of service | was over 18 years of age and not a party to this action.
2. My residence or business address is:
Tenderloin Housing Clinic, Inc., 126 Hyde Street, 2nd Floor, San Francisco, CA 94102
3.[_] The fax number or electronic notification address from which I served the documents is (complete if service was by fax or
electronic service): (415) 771-1287
4. On (date): October 31, 2012 | served the following documents (specify):
SUPPLEMENTAL EXHIBIT No. 8 IN SUPPORT OF PETITION
[1] The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)).
5. | served the documents on the person or persons below, as follows:
a. Name of person served: Joanna Kozubal, Esq.
(Complete if service was by personal service, mail, overnight delivery, or messenger service.)
Business or residential address where person was served:
1965 Market Street, 2nd Floor, San Francisco, CA 94103
c. [] (Complete if service was by fax or electronic service.)
(1) Fax number or electronic notification address where person was served:
(2) Time of service:
[J The names, addresses, and other applicable information about persons served is on the Attachment to Proof of
Service—Civil (Persons Served) (form POS-040(P)).
2
The documents were served by the following means (specify):
a.[_] By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) Fora
party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents,
in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in
charge of 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 six in the evening.
(Continued on back)
Form Approved for Optional Use Ci Code of Gi Procedure, $§ 10106, 1011, 1019, 10198
“ud Counc of Calor PROOF OF SERVICE—CIVIL 2015 5, Cal Rules of Gout les 22602506
POS.040 (Rev. January 1, 2009) (Proof of Service) www.courtinfo.ca. gov
‘American LegaiNet, Inc
www FormsWarkfiow.comPOS-040
CASK NAME CASE NUMBER:
D. Buckley Properties, Inc. v. Paloma Gaos, et al. CUD-12-642294
6.b. By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the
et
a]
eC]
££
addresses in item 5 and (specify one):
(1) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid
(2) Co placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar
with this business's practice for collecting and processing correspondence for mailing. On 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.
lam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state): San Francisco, CA
By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery
carrier and addressed to the persons at the addresses in item 5. | placed the envelope or package for collection
and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
By messenger service. | served the documents by placing them in an envelope or package addressed to the persons
at the addresses listed in 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.)
By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents
to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the
record of the fax transmission, which | printed out, is attached.
By electronic service. Based on a court order or an agreement of the parties to accept service by electronic transmission,
| caused the documents to be sent to the persons at the electronic notification addresses listed in item 5. | did not receive,
within a reasonable time after the transmission, any electronic message or other indication that the transmission was
unsuccessful.
{ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: October 31, 2012
Mew Xfm
Mercy Gonzalez »
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARAYA)
(if item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.)
([) sy
DECLARATION OF MESSENGER
personal service. | personally delivered the envelope or package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's
office by leaving the documents in an envelope or package, which was clearly labeled to identify the attorney being served,
with a receptionist or an individual in charge of 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 moming and six in the evening.
At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding.
| served the envelope or package, as stated above, on (date):
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
POS-040 [Rev. January 1, 2009] PROOF OF SERVICE—CIVIL
(Proof of Service)
Preview
UA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-31-2012 10:08 am Case Number: CUD-12-642294 Filing Date: Oct-31-2012 10:06 Filed by: MELISSA DONG Juke Box: 001 Image: 03823710 GENERIC CIVIL FILING (NO FEE) D. BUCKLEY PROPERTIES INC., VS. PALOMA GAOS et al 001003823710 Instructions: Please place this sheet on top of the document to be scanned.RAQUEL FOX, ESQ., State Bar #131675 L D TENDERLOIN HOUSING CLINIC, INC. F I & mis 126 Hyde Street, 2" Floor Seer, Sider rane? San Francisco, CA 94102 APPELLATE DIVISION Telephone: (415) 771-9850 OCT 3 12012 Facsimile: (415) 771-1287 E-mail: Raquel @thclinic.org Attorney for Petitioners SUPERIOR COURT OF THE STATE OF CALIF COUNTY OF SAN FRANCISCO —LIMITED CIVIL JURISDICTION (APPELLATE DIVISION) PALOMA GAOS, ANDRES ) LOPEZ, FELIX GAOS, MARIANO) Appeal No. 642294 GAOS, } Petitioners ) San Francisco Superior Court Limited Civil vs ; Jurisdiction Case No. CUD-12-642294 ‘ ) (Hon. Ronald E. Quidachay) SUPERIOR COURT OF THE ) a OR CTION } SUPPLEMENTAL EXHIBIT NUMBER 8 CITY AND COUNTY OFSAN ") IN SUPPORT OF PETITION FOR WRIT FRANCISCO. ) OF MANDATE ) Respondent ) ) D BUCKELY PROPERTIES, INC.) ) Real Party in Interest. ; TABLE OF SUPPLEMENTAL EXHIBIT 8. Certified Copy of Amended Notice of Tenants’ Claim of Right to Extension, Notice of Nondispute of Tenants’ Claim of Extension and Notice of New date for Withdrawal of Unit 2321 Bush Street dated May 24, 2011.' ' This document establishes that after February 2011 when D Buckley Properties, Inc. “allegedly” became aware that Felix and Mariano Gaos were not tenants, David Buckley on behalf of D Buckley Properties, Inc. did not dispute the claim of Andres Lopez, Felix Gaos and Mariano Gaos of 2321 Bush Street, San Francisco, California of their right to the extension and additional relocation fees. 1 SUPPLEMENTAL EXHIBIT IN SUPPORT OF PETITION FOR WRIT OF MANDATEEXHIBITof San rranecisco 4 t AMENDED liedias ttt if ang Yiol, Executive Director NOTICE OF TENANTS’ CLAIM OF RIGHT TO EXERRSTOS NOTICE OF NONDISPUTE OF TENANTS’ CLAIM OF EXTENSION AND NOTICE OF NEW DATE FOR WITHDRAWAL OF UNIT 2321 BUSH STREET TO: PALOMA GAOS, ANDRES LOPEZ, FELIX GAOS, MARIANO GAOS (2321 Bush Street, San Francisco, CA 94115); SAN FRANCISCO RESIDENTIAL RENT STABILIZATION BOARD On June 10, 2010, all Tenants at the property were served with a Notice of Termination of Tenancy pursuant to Government Code Section 7060 et. seq. and Rent Ordinance Section 37.9(a)(13). On June 10, 2010, a Notice of Intent to Withdraw Residential Units from the Rental Market was filed with the San Francisco Residential Rent Stabilization Board. On June 11, 2010 all tenants were served with a Notification of Filing of Notice of Intent to Withdraw Residential Units from Rental Market (Ellis Act). On July 20, 2010, Owner’s attorney received notification (dated July 20, 2010) from Paloma Gaos and Andres Lopez through their counsel, advising of the identities of the additional two occupants of unit 2321 Bush Street, San Francisco, CA 94115, namely Felix Gaos and Mariano Gaos. By letter dated July 20, 2010, Paloma Gaos, Andres Lopez, Felix Gaos and Mariano Gaos through their counsel advised Owner’s attorney that Andres Lopez, Felix Gaos and Mariano Gaos claim entitlement to the one year extension based upon their age. On July 26, 2010, owner’s attorney provided additional relocation expenses to Andres Lopez through his counsel and advisement that he would receive notice of the new date of withdrawal. On August 2, 2010, owner’s attorney provided additional relocation expenses to Felix Gaos and Mariano Gaos through counsel and advisement that they would receive notice of the new date of withdrawal. On August 2, 2010, owner’s attorney also provided basic expenses to Felix Gaos and Mariano Gaos. YOU ARE HEREBY FURTHER NOTIFIED pursuant to Government Code Section 7060.4 and Rent Ordinance Section 37.9A(f)(4)(E) as follows : Page | of 2relocation fees. 2) The new date for withdrawal of 2321 Bush Street, San Francisco, CA 94115 under Government Code Section 7060.4 and Rent Ordinance Section 37.9A(f)(4) is June 10, 2011. Dated : May 24, 2011 Page 2 of 2 4d if \ Bk Zu ! a, David Buckley : \ Agent for D. Buckley Properties Inc. } true ana certified copy of the which is on file wth the Rent Stabilization anc Dewne Volt, Executive Director eta g ALinv PROOF OF SERVICE Tama citizen of the United States, employed in the Ciry and County of San Francisco, California. f declare that Iam over the age of eighteen years in age and nota party to his action. My business address is 1965 Market Street, 2nd Floor, San Francisco, California 94103. On the date below, I served true and correct copies of the following documents : AMENDED NOTICE OF TENANTS’ CLAIM OF RIGHT TO EXTENSI NOTICE OF NONDISPUTE OF TENANTS’ CLAIM OF EXTENSION; NOTICE OF NEW DATE FOR WITHDRAWAL OF UNIT 2321 BUSH STREET. on the following named person(s) by : [X ] U.S. MAIL: Causing an envelope to be addressed thereto, true copy of the foregoing documents to be enclosed and sealed therein, with postage prepaid and deposited said envelope in the United States Post Mail at San Francisco, California, for collection and mailing to the office of the addressee on the date shown herein following ordinary business practices. Ms. Raquel Fox, Esq. San Francisco Residential Rent Board Tenderloin Housing Clinic 25 Van Ness Avenue, Ste. 320 126 Hyde Street San Francisco, CA 94102 San Francisco, CA 94102 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 24, 2011 at San Francisco, California. IG and certiiied at picts is on file ates ie tal Rent Stabihzation anc Kozubal on Board of the City and Sounty Joanna Kozuba > Francisce: Ny and County Declarant 4 totus ) Wielt,w e e PROOF OF SERVICE , emploved in the City and County of San Francisco, ze of eighteen years in age and nota party to this action. Tam a citizen of the United Sra Calitornia, T declare that [am over the a My business address is 1965 Market Street, 2nd Floor, San Francisco, California 94103. On the date below, I served true and correct copies of the following documents : AMENDED NOTICE OF TENANTS’ CLAIM OF RIGHT TO EXTENSION; NOTICE OF NONDISPUTE OF TENANTS’ CLAIM OF EXTENSION; NOTICE OF NEW DATE FOR WITHDRAWAL OF UNIT 2321 BUSH STREET. on the following named person(s) by : [X ] HAND DELIVERY: Causing each envelope to be personally delivered to the addressees. [X ] U.S.MAIL: — Causing an envelope to be addressed thereto, true copy of the foregoing documents to be enclosed and sealed therein, with postage prepaid and deposited said envelope in the United States Post Mail at San Francisco, California, for collection and mailing to the office of the addressee on the date shown herein following ordinary business practices. Paloma Gaos Andres Lopez Felix Gaos Mariano Gaos 2321 Bush Street San Francisco, CA 94115 a and attha City and County Delene Wott, Ie, aL RT LTA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 24, 2011 at San Francisco, hy Ld —— David Buckley DeclarantPOS-040 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Raquel Fox, Esq., State Bar #13167: ~ Tenderloin Housing Clinic, Inc. 126 Hyde Street, 2nd Floor San Francisco, CA 94102-4514 TetePHONENO: 415-771-9850 FAXNO.(Optionay: 415-771-1287 E-MAIL ADDRESS (Optiona: raquel@thclinic.org ATTORNEY FOR (Name) Defendants. SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco streraporess: 400 McAllister Street mauncaooress: 400 McAllister Street city ano zip cove: San Francisco, CA 94102-4514 srancuname: Unlimited Civil Jurisdiction PLAINTIFF/PETITIONER: D. Buckley Properties, Inc. DEFENDANT/RESPONDENT Paloma Gaos, Andres Lopez, Felix Gaos, etc. CASE NUMBER PROOF OF SERVICE—CIVIL CUD-12-642294 Check method of service (only one): [1 By Personal Service [5 py mait [1 By overnight Delivery JuDse By Messenger Service (1) By Fax [1] By Electronic Service DEPT (Do not use this proof of service to show service of a Summons and complaint.) 1. At the time of service | was over 18 years of age and not a party to this action. 2. My residence or business address is: Tenderloin Housing Clinic, Inc., 126 Hyde Street, 2nd Floor, San Francisco, CA 94102 3.[_] The fax number or electronic notification address from which I served the documents is (complete if service was by fax or electronic service): (415) 771-1287 4. On (date): October 31, 2012 | served the following documents (specify): SUPPLEMENTAL EXHIBIT No. 8 IN SUPPORT OF PETITION [1] The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)). 5. | served the documents on the person or persons below, as follows: a. Name of person served: Joanna Kozubal, Esq. (Complete if service was by personal service, mail, overnight delivery, or messenger service.) Business or residential address where person was served: 1965 Market Street, 2nd Floor, San Francisco, CA 94103 c. [] (Complete if service was by fax or electronic service.) (1) Fax number or electronic notification address where person was served: (2) Time of service: [J The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service—Civil (Persons Served) (form POS-040(P)). 2 The documents were served by the following means (specify): a.[_] By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) Fora party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of 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 six in the evening. (Continued on back) Form Approved for Optional Use Ci Code of Gi Procedure, $§ 10106, 1011, 1019, 10198 “ud Counc of Calor PROOF OF SERVICE—CIVIL 2015 5, Cal Rules of Gout les 22602506 POS.040 (Rev. January 1, 2009) (Proof of Service) www.courtinfo.ca. gov ‘American LegaiNet, Inc www FormsWarkfiow.comPOS-040 CASK NAME CASE NUMBER: D. Buckley Properties, Inc. v. Paloma Gaos, et al. CUD-12-642294 6.b. By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the et a] eC] ££ addresses in item 5 and (specify one): (1) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid (2) Co placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On 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. lam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): San Francisco, CA By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. | placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in 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.) By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the record of the fax transmission, which | printed out, is attached. By electronic service. Based on a court order or an agreement of the parties to accept service by electronic transmission, | caused the documents to be sent to the persons at the electronic notification addresses listed in item 5. | did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. { declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: October 31, 2012 Mew Xfm Mercy Gonzalez » (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARAYA) (if item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.) ([) sy DECLARATION OF MESSENGER personal service. | personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package, which was clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of 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 moming and six in the evening. At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding. | served the envelope or package, as stated above, on (date): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (NAME OF DECLARANT) (SIGNATURE OF DECLARANT) POS-040 [Rev. January 1, 2009] PROOF OF SERVICE—CIVIL (Proof of Service)