Complaint,Petition: TYRONE L. ADAMS VS. CHARLES L. EASLEY et al

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                                TYRONE L. ADAMS, IN PRO PER
P.O. BOX 981044
WEST SACRAMENTO, CALIFORNIA 95798 FILE,

Superior of Califomia:-
Telephone: (407) 716 0233 moe
. 1
TYRONE L. ADAMS, Plaintiff, In Pro Per AUG 1.2 2020)
THE COURT

SUPERIOR COURT STATE OF CALIFORNIA
IN AND FOR COUNTY OF SAN FRANCISCO

TYRONE L. ADAMS,
Plaintiff,
v.
CHARLES L. EASLEY, et. al.
Defendants

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Case No.: CGC-11-512166 |
DECLARATION OF TYRONE L. ADAMS
IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO DEFENDANT DON
FELTON, PRESIDENT, CULLIGAN!
WATER SYSTEMS COMPANY
SACRAMENTO’S NOTICE OF |
DEMURRER TO PLAINTIFF’S FIRST
AMENDED COMPLAINT AND
DEFENDANTS’ DEMURRER TO
PLAINTIFF’S FIRST AMENDED
COMPLAINT

~eyevyrvrrvrvrvrvrver verve ve YS LS

DEPARTMENT: 501
TIME: 9:30 A.M.
DATE: AUGUST 24, 2020 i

Date Complaint Filed: July 1, 2011

First Amended Complaint Filed: 6/29/2020

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DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO 1
DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF'S
FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al. 1

San Francisco County Superior Court Case: CGC-11-512166 ‘Page 1

ORG LAL |VERIFIED DECLARATION OF TYRONE L. ADAMS
CCP SECTION 2015.5 |
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Whenever, under any law of this state or under any rule, regulation, order or requirement
made pursuant to the law of this state, any matter is required or permitted to be supported,
evidenced, established, or proved by the sworn statement, declaration, verification, |
certificate, oath, or affidavit, in writing of the person making the same (other than a |
deposition, or an oath of office, or an oath required to be taken before a specified official
other than a notary public), such matter may with like force and effect be supported,’
evidenced, established or proved by the unsworn statement, declaration, verification, or
certificate, in writing of such person which recites that it is certified or declared by him to be
true under penalty of perjury, is subscribed by him, and (1), if executed within this state, and
that it is so certified or declared under the laws of the State of California. |
The certification or declaration may be in substantially the following form: |
EXECUTED in WEST SACRAMENTO, CALIFORNIA on AUGUEST 7, 2020:
“L certify (or declare) under penalty of perjury that the foregoing is true and correct”: "|
“| certify (or declare) under penalty of perjury under the laws of the State of California that
the foregoing is true and correct |
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: i
|, Pro Se Plaintiff, Tyrone L. Adams hereby submit the following VERIFIED
DECLARATION In OPPOSITION TO DEFENDANT DON FELTON, PRESIDENT
CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF DEMURRER
TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO)

PLAINTIFF’S FIRST AMENDED COMPLAINT.

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DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO

DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NoricE OF‘
DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF’ Ss
FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al. i

San Francisco County Superior Court Case: CGC-11-512166 i ; Page 2FACTUAL INFORMATION:
1. The Summons and Complaint in this instant case indicates that the proper

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I. INTRODUCTION .

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Defendants as: ;

DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF SACRAMENTO
Not: DEFENDANT DON-FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS |
COMPANY SACRAMENTO.
2. DEFENDANT DON FELTON is deceased, and therefore cannot file a motionjor
demurrer. i
3. A CLERK DEFAULT was issued against Defendants DON FELTON, CULLIGAN
WATER SERVICES AND SYSTEMS OF SACRAMENTO on JULY 2, 2020. |
DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF SACRAMENTO
served SUMMONS AND COMPLAINT by SUBSTITUTED SERVICE ON SEPTEMBER
19/2011.
Defendant DON FELTON has since DECEASED. However, CULLIGAN WATER SERVICE
AND SYSTEMS OF SACRAMENTO is still operating under the new name of

DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO.
No personal Legal Representative has been identified by DON FELTON, CULLIGAN
WATER SERVICES AND SYSTEMS OF SACRAMENTO’s attorneys of Record: |

Daniel C. Taylor of Jacobsen & McElroy,PC. 2401 American River Drive — Suite 100 in

Sacramento, California.

4. Notice of this current motion DEFENDANTS DEMURRER TO PLAINTIFF'S FIRST
AMENDED COMPLAINT was filed on JULY 28, 2020, after the CLERK DEFAULT was
entered. . |
REGISTRY OF ACTIONS: (ROA)
2020-07-28 DEMURRER TO 1ST AMENDED COMPLAINT (TRANSACTION ID#
65806367) FILED BY DEFENDANT FELTON, DON PRESIDENT CULLIGAN WATER
SYSTEMS COMPANY SACRAMENTO HEARING SET FOR AUG-24-2020 AT 09:30 AM IN
DEPT 501,
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DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF'S

FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al. :
San Francisco County Superior Court Case: CGC-11-512166 | Page 3

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5. Therefore DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF
SACRAMENTO are ESTOPPED from filing this motion for DEMURRER. |

6. DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF SACRAMENTO
FIRST GENERAL APPEARANCE in this case was: |
REGISTRY OF ACTIONS: (ROA)
2018-08-03 CASE MANAGEMENT STATEMENT (TRANSACTION ID # 62307471) FILED
BY DEFENDANT CULLIGAN WATER CONDITIONING JURY DEMANDED, ESTIMATED
TIME FOR TRIAL: 10.0 DAYS FEE PAID $450.00 '

7. Pro Se Plaintiff, Tyrone L. Adams, served DON FELTON, CULLIGAN WATER
SERVICES AND SYSTEMS OF SACRAMENTO with REQUESTS FOR ADMISSIONS -
SET NUMBER ONE via personal process service on APRIL 24, 2020, to which the
Defendants DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF |
SACRAMENTO filed meritless, frivolous, baseless, evasive, incomplete, non- |
straightforward, TARDY LATE responses consisting of only OBJECTIONS which was
mailed late on MAY 26, 2020. |
The time for Defendants DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS
OF SACRAMENTO to respond to the Plaintiff's REQUESTS FOR ADMISSIONS SET
NUMBER ONE expired on MAY 24, 2020. (Thirty Days after receiving RFA by personal

service.)

8. Plaintiff's First Amended Complaint DOES NOT FAIL DUE TO UNCERTAINTY.
Defendants failed to explain how the complaint is uncertain.

9. The VENUE is proper because PENSCO TRUST COMPANY, PENSCO
INCORPORATED is headquartered in SAN FRANCISCO, CALIFORNIA.
Defendants Tom Anderson, Kelly Rodriquez, Chris Radich, and Cynthia Weaver all worked

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at Pensco Trust Company in San Francisco, California. '
10. Plaintiff, Tyrone L. Adams filed his First Amended Complaint on JUNE 26, 2020.

REGISTRY OF ACTIONS. (ROA) |

DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO !
DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF'S
FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al. |

San Francisco County Superior Court Case: CGC-11-512166 'Page 42020-06-26 1ST AMENDED COMPLAINT FILED BY PLAINTIFF ADAMS, TYRONE L.AS
TO DEFENDANT EASLEY, CHARLES L. PAULSON, ANDREW J. CGLS INC. 789
LIBERTY ROAD - PETALUMA, CA 94952, A.K.A., LEE ROAD INVESTORS LONG,
FRANCINE MYERS FAMILY TRUST PENSCO TRUST COMPANY RODRIQUES, KELLY
RADICH, CHRIS WEAVER, CYNTHIA ANDERSON, TOM PENSCO, INC. SUPRE, [PAUL
TREFCER, GEORGE THELMA A. TURNER LIVING TRUST THELMA A. TURNER TRE
BARNES FAMILY TRUST CAROLINE H. BARNES TRE DALE M. BARNES TRE JACK
BASS & CHARLENE GOODRICH REVOC TRUST JACK BASS TRE BATES, AMY/M.
CIANCIOLO REVOC TRUST CIANCIOLO, SHARON L. SHARON L. CIANCIOLO TRE
CHARLENE GOODRICH TRE HOLBROOK, GARY DOES 1 - 50, INCLUSIVE JOHN
JUDSON WAGGOMAN, A PROFESSIONAL LAW CORPORATION BUTTACAVOLI,
BRUCE BUTTACAVOLI INDUSTRIES FELTON, DON CULLIGAN WATER SERVICES
AND SYSTEMS OF SACRAMENTO HOMEPOINTE PROPERTY MANAGEMENT |
MACHADO, ROBERT FISHER, ANN STEARMAN, EILLEEN ATTORNEY JOHN JUDSON
WAGGOMAN MYERS TRE, CHRISTINE K. MYERS TRE, DONALD CIANCIOLO TRE,
SHARON L

DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF SACRAMENTO 's
DEMURRER to Plaintiff, Tyrone L. Adams FIRST AMENDED COMPLAINT has no inerit

and must not be sustained.

Date: AUGUST 7, 2020

Donmadtiben

ONE L. ADAMS, IN PRO PER

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DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO |
DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF’ ‘Ss
FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al.

San Francisco County Superior Court Case: CGC-11-512166 Page 5ATTACHMENTS
EXHIBITS

DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO

DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF'S
FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al.

San Francisco County Superior Court Case: CGC-11-512166 ‘Page 6DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO

DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF'S

FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al.
San Francisco County Superior Court Case: CGC-11-512166

Page 7

'POS-010

[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TYRONE L. ADAMS, IN PRO PER

P. O. BOX 981044

WEST SACRAMENTO, CALIFORNIA 95798

TELEPHONE NO: (407) 716 0233 FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):

FOR COURT USE ONLY

ISUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McALLISTER STREET - DEPARTMENT 501
MAILING ADDRESS: 400 McALLISTER STREET - DEPARTMENT 501

CITY AND zIP CODE: SAN FRANCISCO, CALIFORNIA 94102
BRANCH NAME: CIVIL DIVISION - UNLIMITED DAMAGES

PLAINTIFF/PETITIONER: TYRONE L. ADAMS, IN PRO PER
DEFENDANT/RESPONDENT: Charles L. Easley, Andrew J. Paulson, Pensco Incorporated, et al.

‘CASE NUMBER: '
CGC-11-512166

PROOF OF SERVICE OF SUMMONS

Ref. No. or File No.: i

(Separate proof of service is required for each party served.) '
1. At the time of service | was at least 18 years of age and not a party to this action.

2. | served copies of:
a. [3¢] summons

[6<) complaint

[J cross-complaint
[] other (specify documents):

Alternative Dispute Resolution (ADR) package
Civil Case Cover Sheet (served in complex cases only)

3. a. Party served (specify name of party as shown on documents served):

DON FELTON, CULLIGAN WATER SERVICES and SYSTEMS OF SACRAMENTO

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):

4. Address where the party was served:
1200 Arden Way, Sacramento, CA 95815

5. | served the party (check proper box)

a. [__] by personal service. | 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):

b. [x] by substituted service. on (date): 09/ 19/2011

(2) at (time):

at (time): 11:30 a.m. | left the documents listed in tern 2 with or

in the presence of (name and title or relationship to person indicated in item 3):

Office Manager and/or Secretary for Don Felton, Culligan Water Services and Systems of Sacramento

(1) [5c] (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. | informed him or her of the general nature of the papers.

(2)[7_] (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. | 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. | informed
him or her of the general nature of the papers.

(4) [5c] 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). | mailed the documents on !

(date): 09/19/2011

from (city): Sacramento, California

orl j a declaration of mailing is attached.

(5) €] l attach a declaration of diligence stating actions taken first to attempt personal service. :

Page 1 of 2

Form Adopted for Mandatory Use
Judicial Council of Califoraia
POS-010 [Rev. January 1, 2007]

PROOF OF SERVICE OF SUMMONS

Code of Civil Procedure, § 417.10@ @ POS-010

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PLAINTIFF/PETITIONER: “NyRone Adams CASE NUMBER:

DEFENDANTIRESPONDENT: Chia ales EAsl ey, Andee) fulsong eal C&c- US PIG

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5. c. [__] by mail and acknowledgment of reéeipt of service. | 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): (2) from (city): |

(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.) I

d. [__] by other means (specify means of service and authorizing code section): 1

{] Additional page describing service is attached.

6. The "Notice to the Person Served" (on the summons) was completed as follows:
a. [5<] as an individual defendant. :
b. [__] as the person sued under the fictitious name of (specify): '
c. [__] as occupant.

d. [4€] On behalf of (specify): Don Felton, CULLIGAN WATER SERVICES and SYSTEMS OF SACRAMENTO
under the following Code of Civil Procedure section: |

[2€] 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)

[J 416.50 (public entity) [J 415.46 (occupant) :
[J other: :

7. Person who served papers
a. Name: WILLIAM T. STOKES
. Address: P.O. BOX 3072 CITRUS HEIGHTS, CALIFORNIA
Telephone number: (916) 698 6551
|. The fee for service was: $ 70.00
lam:
(1) [7] not a registered California process server.
(2) [__] exempt from registration under Business and Professions Code section 22350(b).
(3) [__] a registered California process server:

P9ags

. [J owner [_] employee [_] independent contractor.

(ii) Registration No.: 1
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(ili) County:

8. [4] I declare under penalty of perjury under the laws of the State of California that the foregoing is‘true and correct.
or .

9. [__] lam a California sheriff or marshal and | certify that the foregoing is true and correct.

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Date: SEPTEMBER 19. 2011
WILLIAM T. STOKES > m4 Stes,

(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)

POS.010 [Rev. January 4, 2007] PROOF OF SERVICE OF SUMMONS | Page 20f2

For your protection and privacy, please press the Clear _
This Form button after you have printed the form. Print this form ] | Save this form |5@ vw! @

TYRONE L. ADAMS, IN PRO PER

P.O. BOX 981044

WEST SACRAMENTO, CALIFORNIA 95798
Telephone: (407) 716 0233 :

TYRONE L. ADAMS, Plaintiff, In Pro Per

TYRONE L. ADAMS, ) Case No.: CGC-11-512166 ~
Plaintiff, )
v. ) VERIFIED DECLARATION OF

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO |
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WILLIAM T. STOKES IN SUPPORT

OF PROCESS SERVER STATEMENT,
Defendants : ) OF DUE DILIGENCE TO PERFORM
PERSONAL PROCESS OF SERVICE
OF SUMMONS AND COMPLAINT ON
) DEFENDANT DON FELTON, |
) CULLIGAN WATER SERVICES AND !

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SYSTEMS OF SACRAMENTO |
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CHARLES L. EASLEY, et. al. : )

PRIOR TO PROCEEDING WITH
) SUBSTITUTED SERVICE OF

) PROCESS

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Date Complaint Filed: July 1, 2011
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OF SUBSTITUTED PROCESS OF SERVICE OF SUMMONS & COMPLAINT.

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VERIFIED DECLARATION OF DUE DILIGENCE BY WILLIAM T. STOKES IN SUPPORT '

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CASE NUMBER:CGC-11-512166. SAN FRANCISCO COUNTY SUPERIOR COURT. PAGE 1!

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t'||employed as a registered process server. |

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VERIFIED DECLARATION OF WILLIAM T. STOKES IN SUPPORT OF PROCESS
SERVER STATEMENT OF DUE DILIGENCE TO PERFORM PERSONAL PROCESS
OF SERVICE OF SUMMONS AND COMPLAINT ON DEFENDANT DON FELTON,
CULLIGAN WATER SERVICES AND SYSTEMS OF SACRAMENTO
PRIOR TO PROCEEDING WITH SUBSTITUTED SERVICE OF PROCESS

1. |, William T. Stokes am over 18 years of age and not a party to this action.
At all times referenced in this verified affidavit and declaration, | was a resident of
Sacramento County California. My business mailing address is P. O: Box 3072
Citrus Heights, California 95610. | am not a registered process server and not

2, |, William T. Stokes, attest, confirm, and declare under penalty of perjury under
the laws of the State of California that the following statements of true, correct, honest,
complete, and are based on personal kriowledge and personal experience. :

3. - [am competent to testify truthfully as a witness to the veracity, truthfulness and
accuracy to the following statements if called upon as a witness in this matter.

4. As to those matters stated based on information and belief, | believe those
statement to be true also. .
5. IN THIS INSTANT CASE, on or about AUGUST 22, 2011, | was requested by
Plaintiff, Tyrone L. Adams to perform personal process of service of PLAINTIFF’S
SUMMONS AND COMPLAINT, along with the Alternative Dispute Resolution (ADR)
package, and the Civil Case Cover Sheet on Defendant DON FELTON, CULLIGAN
WATER SERVICES AND SYSTEMS OF SACRAMENTO.
6. On THREE occasions from AUGUST 22, 2011 through SEPTEMBER 19, 2011!
during various times of day, early morning, noon time, and late afternoon prior to

5:00 p.m., | repeatedly attempted to perform personal process of service of the

documents on Defendant DON FELTON, CULLIGAN WATER SERVICES AND

ee eee Se
VERIFIED DECLARATION OF DUE DILIGENCE BY WILLIAM T. STOKES IN SUPPORT
OF SUBSTITUTED PROCESS OF SERVICE OF SUMMONS & COMPLAINT.

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Plaintiff's Summons and Complaint along with the Alternative Dispute Resolution
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CASE NUMBER:CGC-11-512166. SAN FRANCISCO COUNTY SUPERIOR COURT. PAGE2)

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SYSTEMS OF SACRAMENTO as required by the San Francisco County Superior |
Court. 4
7. At all times from AUGUST 24, 2011 through SEPTEMBER 19, 2011, the |
Plaintiff, Tyrone L. Adams accompanied me to the Defendant DON FELTON, {
CULLIGAN WATER SERVICES AND SYSTEMS OF SACRAMENTO place of busines
located at 1200 Arden Way in Sacramento, California 95815, as a witness of my |

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repeated attempts to perform personal process of service upon Defendant DON
FELTON, CULLIGAN WATER SERVICES AND.SYSTEMS OF SACRAMENTO at his|
place of business. |
8. Pursuant to California Code of Civil Procedure §414.10; Any person 18 years of
age or over and not a party to the action may serve the summons and complaint. :
During the month of AUGUST 2011, | personally attempted to perform personal process
of service at Defendant DON FELTON, CULLIGAN WATER SERVICES AND i
SYSTEMS OF SACRAMENTO on August 24, 2011, at approximately 3:00 p.m., and
on September 9, 2011, at approximately 1:30 p.m. with no success. ,
Subsequently, on September 15, 2011, at approximately 10:00 a.m., | returned to
Defendant DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF
SACRAMENTO place of business and attempted to personally serve the Summons ahd

Complaint without any success. , |
9. Substituted Service: This method is available for serving an elusive individual
defendant who cannot be served at his or her home despite attempts to serve the
defendant there on three different days, at three different times of day.

Pursuant to CCP § 415.20 Leaving a copy of summons and compliant at
Defendants’ dwelling house via substituted service.

On September 19, 2011, | initiated Substituted process of services in lieu of
personal process of service because the office manager and/or secretary for DON

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FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF SACRAMENTO |
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VERIFIED DECLARATION OF DUE DILIGENCE BY WILLIAM T. STOKES IN SUPPORT!

OF SUBSTITUTED PROCESS OF SERVICE OF SUMMONS & COMPLAINT.
CASE NUMBER:CGC-11-512166. SAN FRANCISCO COUNTY SUPERIOR COURT. PAGE 3

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repeatedly stated that Mr. Don Felton was not available and/or not present at his place
of business located 122 Arden Way in Sacramento, California 95815. |
To make substituted service on an individual defendant; Pursuant to California

Code of Civil Process CCP §415.20(b)); If a copy of the furans and of the complaint

cannot with reasonable diligence be personally delivered to the person to be served as
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by|
leaving-a copy. of the summons and the complaint at such person’s place of business
in the presence of a competent person of authority, office manager, person in charge, of
secretary at least 18 years of age, who shall be informed of the contents thereof, and by
thereafter mailing a copy of the summons and of the complaint (by first-class mail, |
postage prepaid) to the person to be served at the pace where a copy of the summons
and of the complaint were left. Service of a summons in this manner is deemed !
complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. ;
15.) | i
10. Pursuant to CCP § 415.30 Service by Mail: The summons and complaint may als ,
be served by mailing a copy of the summons and complaint to the defendant, together
with two (2) copies of the Judicial Council's “Notice and Acknowledgment of Receipt’ |
form POS-015, along with a self-addressed, stamped envelope. Service is complete
when the Defendant signs and returns the-Notice and Acknowledgment. If he or she |
does not, then service is not complete, and the process server will need to try another
method of service of the defendant. (California Code of Civil Procedure §415.30). !

. [describes mail service by sending a copy of eummong. and complaint by first-class

mail or airmail to the defendant, together with 2 copies of notice and acknowledgment!
form; service is complete on date defendant executes awritten acknowledgment; if form
not returned within 20 days from mailing, defendant will be liable for reasonable costs in
being served by another permitted method] |

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VERIFIED DECLARATION OF DUE DILIGENCE BY WILLIAM T. STOKES IN SUPPORT i i
OF SUBSTITUTED PROCESS OF SERVICE OF SUMMONS & COMPLAINT.
CASE NUMBER:CGC-11-512166. SAN FRANCISCO COUNTY SUPERIOR COURT. PAGE ‘w@ ~@®

IN THE MONTH OF October 19, 2011, | assisted Plaintiff Tyrone L. Adams inhis |
attempt to further complete process of service by U. S. Mail by mailing a copy of the
SUMMONS AND COMPLAINT to Defendant DON FELTON, CULLIGAN WATER,
SERVICES AND SYSTEMS OF SACRAMENTO, together with two (2) copies of the
Judicial Council's “Notice and Acknowledgment of Receipt” form POS-015, along with'a
self-addressed, stamped envelope. | personally signed the proof of service by First
Class Overnight Express Mail addressed to Defendant DON FELTON, CULLIGAN
WATER SERVICES AND SYSTEMS OF SACRAMENTO. However, mail was returned
to Plaintiff Tyrone L. Adams undelivered with a REFUSAL of DELIVERY STATEMENT
from the postal services.

DEFENDANT DON FELTON, CULLIGAN WATER SERVICES AND SYSTEMS OF |
SACRAMENTO APPEARED TO BE WILFULLY EVADING PROCESS OF SERVICE
by U.S. mail. ‘

ED DECLARATION OF DUE DILIGENCE BY WILLIAM T. STOKES IN SUPPORT |
OF SUBSTITUTED PROCESS OF SERVICE OF SUMMONS & COMPLAINT.
CASE NUMBER:CGC-11-512166. SAN FRANCISCO COUNTY SUPERIOR COURT. PAGE 3California Code of Civil Procedure § 2015.5
CERTIFICATION OR DECLARATION UNDER PENALTY OF PERJURY.

Whenever under any law of this state ... any matter is required or permitted to be
supported, evidenced, established, or proved by the sworn statement, declaration,
verification, certificate, oath, or affidavit, in writing of the person making same (other
than deposition, or an oath of office, an oath required to be taken before a specified —
official other than notary public), such a matter may like force and effect be ... proved
by the unsworn statement, declaration, verification, or certificate, in writing of such
person ... The certificate or declaration may be in substantially the following form: -

(a) If executed within this state:

“| certify (or declare) under penalty of perjury under the laws of the State of California
that the foregoing is true and correct: Executed in Sacramento, California 95842.

Date: OCTOBER 19, 2011

AMD Daltess

WILLIAM T. STOKES
P.O. BOX 3072

CITRUS HEIGHTS, CALIFORNIA 95610

VERIFIED DECLARATION OF DUE DILIGENCE BY WILLIAM T. STOKES IN SUPPORT
OF SUBSTITUTED PROCESS OF SERVICE OF SUMMONS & COMPLAINT.
CASE NUMBER:CGC-11-512166, SAN FRANCISCO COUNTY SUPERIOR COURT. PAGE 627

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DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO

DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF'S

FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al.
San Francisco County Superior Court Case: CGC-11-512166

Page 8'
CM-110
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'ATTORIIEY OF PARTY WITHOUT ATTORNEY (Narne, Stale Bar number, and adareosy FOR COURT USE ONLY
Daniel C. Taylor SBN: 221570 .
JACOBSEN & MCELROY PC |
2401 AMERICAN RIVER DR. #100 '
SACRAMENTO, CA 95825 ELECTRONICALLY |
TELEPHONE NO. (916) 971-4100 FAXNO, (Optiona):(916) 971-4150 FILED '
E-MAIL ADORESS (Optonah: dtaylor@jacobsenmeelroy.com Superior Court of Catifornia,
ATTORNEY FOR Ware? Culligan Water Conditioning County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 08/03/2018 |
street aooRess400 McAllister Street Clee ohn omanat |
BY:EDWARD SANTOS !
MAILING ADDRESS: Deputy Clork

erry aNDZIPCODE San Francisco. CA 94102
\ BRANCH NAME:

PLAINTIFF/PETITIONER: Tyrone L. Adams '
DEFENDANT/RESPONDENT: Culligan Water Conditioning :
CASE MANAGEMENT STATEMENT ‘CASE NUMBER: |

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(Check one}: UNLIMITED CASE CJ Limitep case CGC-11-512166
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows: j

Date: August 29. 2018 Time: 10:30 a.m. Dept:610 Div.: Room:
Address of court (if different from the address above):

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):

a This statement is submitted by party (name): Culligan Water Conditioning
b. [_] This statement is submitted jointly by parties (names):

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Notice of Intent to Appear by Telephone, by (name):Daniel C. Tavlor I

2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. [] The cross-complaint, if any, was filed on (date): ‘

3. Service (to be answered by plaintiffs and cross-complainants only) 1
a CJ al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.

b. [7] The following parties named in the complaint or cross-complaint !
(1) [J have not been served (specify names and explain why not): '
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(2) [1 have been served but have not appeared and have not been dismissed (specify names):

(3) [1 have had a default entered against them (specify names):
they may be served):

4. Description of case

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c. [] The following additional parties may be added (specify names, nature of involvement in case, and date by which |
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a. Type of case in ‘

complaint Cc cross-complaint (Describe, including causes of action):

Breach of contract, Civil Rights Violations

1
Paget of §

Force CASE MANAGEMENT STATEMENT Ga Rees Com,
CM-110 (Rev. July 1, 2011] www. courts.ca.gov

Wiestiaw Doc & Form Buller

t
iPLAINTIFF/PETITIONER: Tyrone L. Adams Coe tn 12166
DEFENDANT/RESPONDENT: Culligan Water Conditioning

4. b. Provide a brief statement of the case, including any damages. (if personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date findicate source and amount), estimated future medical expenses,:lost
earnings to date, and estimated future fost earnings. If equitable relief is sought, describe the nature of the relief.) '
Plaintiff has alleged a variety causes of action, including landlord-tenant, breach of contract and civil right claims. Plaintiff has filed 3 federal and 2 state court
cases with claims identical to those brought in this court, The court actions resulted in multiple appeals. There remains one appeal in the CA Court of Appeal,
Third Appellate District, Case No. CO81016, which is still pending before the court. Appellant was given an extension until September 1, 2018 in which to file
his opening brief. Butacavoli Industries, Inc. has {iled a notice of stay duc to bankruptey. Case Management Conference is for oblaining current status of
bankruptcy which is unknown to this party. :

[1 (if more space is needed, check this box and attach a page designated as Attachment 4b.)
6. Jury or nonjury trial

The party or parties request ajury trial [_] anonjury trial. (if more than one party, provide the name of each party
requesting a jury trial): :

6. Trial date
a. [_] The trial has been set for (date): i

b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if

not, explain): Case has been stayed by bankruptcy of Buttacavoli Industries, Inc. :

c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): '
Trials: 9/25/18; 1O/LS/18; 10/16/18; 10/19/18: 10/23/18: 11/6/18; LI/14/18; 11/19/18; 11/26/18; I2MON8; 12/78; 1/7/19; VILL/I9; 1/22/19: 1/30/19: 2/4/19;
PISIND: DRO PAGO: PPSAG VAI WO: VIGO ALAIO- AIWAD AN TAD: APIAIVO- SIRI SLANG: 52021 9- BALA O- KIPALLO> TING: TR/TO®

7. Estimated length of trial \
The party or parties estimate that the trial will take (check one): '
a. days (specify number):7-10 :
b. [J hours (short causes) (specify):

8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption [7] by the following:
a. Attorney: Karen Jacobsen ‘
b. Firm: Jacobsen & McElrov
¢. Address: 2401 American River Drive, Suite 100, Sacramento. CA 95825
4. Telephone number:(916) 971-4100 f. Fax number (916) 971-4105
e._ E-mail address: jacobsen@iacobsenmcelroy.com g. Party represented: Cross-defendant
[) Additional representation is described in Attachment 8.

9. Preference
[1 This case is entitled to preference (specify code section):

40. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read

the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.

(1) For parties represented by counsel: Counsel [2] has [J has not provides the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client. i

(2) For self-represented parties: Party (__] has [J has not reviewed the ADR information package identified in rule 3.221.

b. Referral to judicial arbitration or civil action mediation (if available). '

(1) [) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.

(2) [27] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery io the amount specified in Code of
Civil Procedure section 1141.11. \

(3)

This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action :
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): ‘

GTO. ly 1,257 CASE MANAGEMENT STATEMENT Page ofcM.110

| PLAINTIFFIPETITIONER: Tvrone L. Adams [CASE NUMBER:
PEFENDANT/RESPONDENT: Culligan Water Conditionina CGC-11-512166

10. ¢. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or

have already participated in (check ai! that apply and provide the specified information): i

The party or parties completing | If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
Participate in the following ADR _| indicate the status of the processes (aitach a copy of the parties’ ADR
processes (check all that apply): | stipulation): 1

[1 Mediation session not yet scheduled
(1) Mediation oo [1 Mediation session scheduled for (date):
[[1 Agreed to complete mediation by (date):
CI

Mediation completed on (date):

Settlement conference not yet scheduled

(2) Settlement Settlement conference scheduled for (date):

conference

Agreed to complete settlement conference by (date):

Settlement conference completed on (date): ‘

Neutral evaluation not yet scheduled
(3) Neutral ‘uati Co Neutral evaluation scheduled for (date):

jeutral evaluation
Agreed to complete neutral evaluation by (date):

Neutral evaluation completed on (date):

Judicial arbitration not yet scheduled '

(4) Nonbinding judicial Co Judicial arbitration scheduled for (date):

arbitration Agreed to complete judicial arbitration by (date):

Judicial arbitration completed on (date):

Private arbitration not yet scheduled

(8) Binding private oOo Private arbitration scheduled for (date):

arbitration Agreed to complete private arbitration by (date):

Private arbitration completed on (date): ,

ADR session not yet scheduled

oO ADR session scheduled for (date):
(6) Other (specify): :
Agreed to complete ADR session by (date): '

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ADR completed on (date):

CMAIO Rev. July 1, 2047] Page 3of5

CASE MANAGEMENT STATEMENTCASE NUMBER:

PLAINTIFF/PETITIONER'Ty pone, L. Adams CGC-11-512166

DEFENDANTIRESPONDENT Cullioan Water Conditioning

41. Insurance
insurance cartier, if any, for party filing this statement (name):QBE of the Americas
b. Reservation of rights: [_] Yes

c. [_] Coverage issues will significantly affect resolution of this case (explain):

12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.

[1 Bankruptcy [J other (specify):
Status:

13, Related cases, consolidation, and coordination
a, [__] There are companion, underlying, or related cases.

(1) Name of case:
(2) Name of court:

(3) Case number:
(4) Status:

[1 Additional cases are described in Attachment 13a.
b. [JAmotionto [7] consolidate [7] coordinate —_will be filed by (name party):

14. Bifurcation

[J The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or ca:
action (specify moving party, type of motion, and reasons):

15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in Limine

16. Discovery
a. [_] The party or parties have completed all discovery,

b. The following discovery will be completed by the date specified (describe aif anticipated discovery):
Party Description Date
Defendant Written Discovery TBD
Defendant Deposition of Plaintiff TBD
Defendant Deposition of witnesses TBD
Defendant Denositions of experts Per Code

c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):

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Cat DiRer ay 1A CASE MANAGEMENT STATEMENT

Page 4 ofCM-110

PLAINTIFF/PETITIONER: Tyrone L. Adams

DEFENDANTRESPONDENT: Culligan Water Conditioning

CASE NUMBER:
CGC-11-512166

17. Economic litigation

a. [] This is a limited civil case (i.

of Civil Procedure sections 91

the amount demanded is $25,000 or less) and the economic litigation procedures in Code
18 will apply to this case.

b. [__] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional

discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial

should not apply to this case):

18. Other issues

conference (specify):

19. Meet and confer

of Court (if not, explain):

(specify):

20. Total number of pages attached (if any):

[1 The party or parties request that the following additional matters be considered or determined at the case management

a. [_] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules

b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following

lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of

the case management conference, including the written authority of the party where required.

Date: July 26. 2018

Daniel C_Tavior

OW Ned CTs /

«TYPE OR PRINT NAME}

7 (SIGNATURE OF PARTY OR AFTORNEY) J" /

(TYPE OR PRINT NARIE}

(SIGNATURE OF PARTY OR ATTORNEY)
[_ Additional signatures are attached.

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(M-110 Rev. July 1, 2017]

CASE MANAGEMENT STATEMENT

Page SotsCERTIFICATE OF SERVICE

I, Susan Middleman, declare:

Io am a citizen of the United States, am over the age jof
eighteen years, an am not a party to or interested in the within
entitled cause. My business address is 2401 American River Drive,
Suite 100, Sacramento, California 95825. |

On August 3, 2018, I served the following document(s) on the
parties in the within action:

CASE MANAGEMENT STATEMENT

BY MAIL: Io am familiar with the business practice for
collection and processing of mail. The above-described document(s)
will be enclosed in a sealed envelope, with first class postage
thereon fully prepaid, and deposited with the United States Postal
Service at Sacramento, California on this date, addressed jas
follows:

Tyrone L. Adams Timothy M. Blaine
P.O. Box 981044 Porter Scott, et al.
West Sacramento, CA 95798 250 University Ave., #200

Sacramento, CA 95825
Robert B. Lueck

Boornazian, Jensen & Garthe Jud Waggoman
555 12th Street, Ste. 1800 A Professional Corp.
Oakland, CA 94607 312 % First Street

Marysville, CA 95901 i
dames C. Parker j

Hugo Parker, LLP
One Front St. 26 Floor
San Francisco, CA 94111

I declare under penalty of perjury under the laws of the State
of California that the foregoing is a true and correct statement and
that this Certificate was executed on August 3, 2018.

C..

SUSAN MIDDLEMAN

CASE MANAGEMENT STATEMENT

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|ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO:
INaME: TYRONE L. ADAMS. IN PRO PER

FIRM NAME: TYRONE L. ADAMS. IN PRO PER.
STREET ADDRESS: P.O. BOX 981044.

FOR COURT USE ONLY

cry: WEST SACRAMENTO STATE: CA ZIPCODE: 95798

TELEPHONENO. (407) 716 0233 FAXNO: i inn Court
E-MAIL ADDRESS: San Francisco County Sunerinr oe

ATTORNEY FOR (name): . JUL 02 702) :
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO y : .
STREET ADDRESS: 400 McALLISTER STREET - DEPARTMENT 501 CLERK OF 4 He COURT
MAILING ADDRESS: 400 McALLISTER STREET - DEPARTMENT 501 hb

cry AND IP Cope: SAN FRANCISCO. CALIFORNIA 94102 BY: Dankty Clare

BRANCH NAME: CIVIL DIVISION - UNLIMITED DAMAGES
Plaintiff/Petitioner: TYRONE L. ADAMS, IN PRO PER
Defendant/Respondent: Don,Felton.Culliaan Water Services and Svstems of Sacramento

REQUESTFOR [3] Entry of Default [_] Clerk's Judgment CASE NUMBER:
(Application) [_] Court Judgment CGC-11-512166 .

Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see C/V-105)

1. TO THE CLERK: On the complaint or cross-complaint filed ’
a. on (date): JULY 1, 2011 :
b. by (name): TYRONE L. ADAMS. IN PRO PER . 1
c. [x] Enter default of defendant (names): |

DON FELTON, CULLIGAN WATER SERVICES and SYSTEMS OF SACRAMENTO

d. [] I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant
(names):

(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under
Code Civ. Proc., § 585(d).)
e, [_] Enter clerk’s judgment
(1) [1 for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure'section
1174(c) does not apply. (Cade Civ. Proc., § 1169.)
[1] Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
415.46.
(2) [7] under Code of Civil Procedure section 585(a). (Complete the declaration under Code Giv. Proc., § 585.5 on the
reverse (item 5).)
(3) [] for default previously entered on (date): '
2. Judgment to be entered. Amount Credits acknowledged Balance

a. Demand of complaint ............. $ $ $

b. Statement of damages*
(1) Special $ $ $ !
(2) General $ $ § :

c. Interest ..... $ $ $

d. Costs (see reverse) . $ $ $

e. Attorney fees . $ $ $

f. TOTALS ...  § $ $

g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date):

(* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)

3. [7] (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information ison the
reverse (complete item 4).

:
Date: APRIL 2, 2020 Syne q Mwy
TYRONE L. ADAMS, IN PRO PER » :

(TYPE OR PRINT NAME) /] (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
FOR COURT (1) [7] Default entered as requested on (date): a 20 ‘
USE ONLY (2) _] Default NOT entered as requested te rome ee
Clerk, by Ge , Deputy Page t of 3
Ce ee oan REQUEST FOR ENTRY OF DEFAULT Onto Ce a re,

[Rev. January 1, 2020] (Application to Enter Default)Civ-100

Plaintiff/Petitioner: TYRONE L. ADAMS, IN PRO PER CASE NUMBER:
Defendant/Respondent: Don Felton,Culligan Water Services and Systems of Sacramento CGC-11-512166

4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). Alegal document assistant or
unlawful detainer assistant [—_] did  [_] did not or compensation give advice or assistance with this form. If declarant has
received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: '

a. Assistant's name: . c. Telephone no.: !

b. Street address, city, and zip code: . d. County of registration: :
e. Registration no.: i
f. Expires on (date):

Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action

a [jis

b. [_Jis Cea isnot ona conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).

c. [_Jis [3c] isnot onan obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc.! § 395(b).

is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).

6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was ]
a. [__] not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names):

b. [5€] mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record ors if none,
to each defendant's last known address as follows:

(1) Mailed on (date): JUNE 3 2020 (2) To (specify names and addresses shown on the envelopes):

JACOBSEN & MCELROY, PC - Attorney Daniel C. Taylor
2401 American River Drive, Suite 100 Sacramento, CA
aRROR }

| declare under penaity of perjury under the laws of the State of California that the foregoing items 4, 5,and 6 are true and correct.

Date: JUNE 3 2020 !
JENICE ROSSNER > fee (Onn

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

7. Memorandum of costs (required if money judgment requested). Costs and mee are as follows (Code Civ. Proc.,
§ 1033.5):

a. Clerk's filingfees 0... .. cee cece eee $

b. Process server's fees .............0.08 $

c. Other (specify): $

d. $

© TOTAL 2... cece cece ee eee eee eee $

f. [_] Costs and disbursements are waived. .

g. lam the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is

correct and these costs were necessarily incurred in this case.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:
>

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) !
8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military
service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Military and
Veterans Code sections 400 and 402(f).

| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: > :
(TYPE OR PRINT NAME) . (SIGNATURE OF DECLARANT) ‘
(V-400 Rev. January 1, 2020) REQUEST FOR ENTRY OF DEFAULT » Page nota

(Application to Enter Default)
For your protection and privacy; please press the Clear

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DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO
DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF’ S
FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al.
San Francisco County Superior Court Case: CGC-11-512166 Page 9
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—
DECLARATION OF TYRONE L. ADAMS IN SUPPORT OF PLAINTIFF’S OPPOSITION TO '
DEFENDANT DON FELTON, PRESIDENT, CULLIGAN WATER SYSTEMS COMPANY SACRAMENTO’S NOTICE OF
DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEFENDANTS’ DEMURRER TO PLAINTIFF'S
FIRST AMENDED COMPLAINT. Tyrone L. Adams v. Charles L. Easley, et al.

San Francisco County Superior Court Case: CGC-11-512166 Page 10"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
|_TYRONE L. ADAMS, IN PRO PER
P. O. BOX 981044
WEST SACRAMENTO, CALIFORNIA 95798
TELEPHONE NO: (407) 716 0233 FAX NO. (Optionaf}
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):

‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aporess: 400 MCALLISTER STREET - DEPARTMENT 302

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maine aooress: 400 MCALLISTER STREET - DEPARTMENT 302 |
city ano zipcove: SAN FRANCISCO, CALIFORNIA 94102 |
srancH Name: CIVIL DIVISION - UNLIMITED DAMAGES |
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pIsc-020

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SHORT TITLE:
Tyrone Adams vs. Charles Easley, Andrew Paulson, Pensco Inc., et al.

CASE NUMBER:
REQUESTS FOR ADMISSION 4
Truth of Facts [_] Genuineness of Documents CGC-11-612166
Requesting Party: Plaintiff, TYRONE L. ADAMS, IN PRO PER
Answering Party: Don Felton Culligan: Water Systems Comp. Sacramento
Set No.: ONE

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INSTRUCTIONS i

Requests for admission are written requests by a party to an action requiring that any other party to the action either admit or deny,
under oath, the truth of certain facts or the genuineness of certain documents. For information on timing, the number of admissions a
party may request from any other party, service of requests and responses, restrictions on the style, format, and scope of requests for
admission and responses to requests, and other details, see Code of Civil Procedure sections 94-95, 1013, and 2033.010-2033.420

and the case law relating to those sections. |

An answering party should consider carefully whether to admit or deny the truth of facts or the genuineness of documents. with limited
exceptions, an answering party will not be allowed to change an answer to a request for admission. There may be penalties if an
answering party fails to admit the truth of any fact or the genuineness of any document when requested to do so and the requesting
party later proves that the fact is true or that the document is genuine. These penalties may include, among other things, payment of
the requesting party’s attorney’s fees incurred in making that proof. '
Unless there is an agreement or a court order providing otherwise, the answering party must respond in writing to requests for ;
admission within 30 days after they are served, or within 5 days after service in an unlawful detainer action. There may be significant
penalties if an answering party fails to provide a timely written response to each request for admission. These penalties may include,
among other things, an order that the facts in issue are deemed true or that the documents in issue are deemed genuine for purposes
of the case. |

]
Answers to Requests for Admission must be given under oath. The answering party should use the following language at the end of
the responses: |

I declare under penalty of perjury under the laws of the State of California tha