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LOISANN SCHULTZ and LANE COPLEY F Superior Court of California F
3454 Hill Crest Drive County of Butte
Westwood, CA 96137
|
(415) 279-4193 8/3/2021 L
LOISANN SCHULTZ and LANE COPLEY, ,
IN PRO PER D Kime lr D
By Deputy
Electronically FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF BUTTE
COPLEY, LANE ET AL , ) Case No.: 20CV02570
10 Plaintiff,
vs. ) NOTICE OF MOTION AND MOTION;
11 TEVIS, MICHAEL, ) MEMORANDUM OF POINTS AND
Defendant ) AUTHORITIES; and DECLARATION OF
12
) LOISANN SCHULTZ AND LANE COPLEY
13 ) IN SUPPORT OF MOTION TO COMPEL
) RESPONSES TO REQUESTS FOR
14 ) PRODUCTION OF DOCUMENTS, SET
15 ) ONE AND MONETARY SANCTION
)
16
) Date: August 4, 2021
17
) Dept. Department One
18 Time: 9:00 AM
19
20 To defendant MICHAEL TEVIS and to his attorney of record:
21 NOTICE IS HEREBY GIVEN that on August4, 2021 or as soon thereafter as the matter
may
22 be heard, in Department one this court, located at 1775 Concord Ave, Chico,
the plaintiffs
LOISANN SCHULTZ and LANE COPLEY, will, and hereby do, move
23 for an order
compelling defendant Michael Tevis, to serve on them a response to the plaintiff
24 's Requests
for Production of Documents, set one, which they served on defendant Michael
25 Tevis on
June 30, 2021 , and will further move this court for an order requiring defendant
Michael
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Tevis, to pay a monetary sanction to plaintiffs. The motion will be made
on the grounds that
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defendant has failed to serve a timely response to the above-described
Requests for
28 Production of Documents.
The motion will be based on this notice of motion, on the declaration of LOISANN SCHULTZ
AND LANE COPLEY and the memorandum set forth below, on the records and file herein,
and on such evidence as may be presented at the hearing of the motion.
NOTICE OF TENTATIVE RULING SYSTEM
Pursuant to Local Rule 1.06 (A) the court will make a tentative ruling on the merits of this
matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative
rulings for the department may be downloaded off the court’s website. If the party does not
have online access, they may call the dedicated phone number for the department as
10 referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on
li the court day before the hearing and receive the tentative ruling. If you do not call the court
12 and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be
13 held.
14
is
Dated: 7/30/2021
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By:
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Lane Copley and LoisAnn Schultz
18 Plaintiffs, In Pro Per
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The motion will be based on this notice of motion, on the declaration of LOISANN SCHULTZ
AND LANE COPLEY and the memorandum set forth below, on the records and file herein,
and on such evidence as may be presented at the hearing of the motion.
NOTICE OF TENTATIVE RULING SYSTEM
Pursuant to Local Rule 1.06 (A) the court will make a tentative ruling on the merits of this
matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative
tulings for the department may be downloaded off the court's website. If the party does not
have online access, they may call the dedicated phone number for the department as
10 referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on
11 the court day before the hearing and receive the tentative ruling. If you do not call the court
12 and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be
13
held.
14
15 Dated: 7/30/2021
16
SX _
By:
17 Lane Copl andoisAnn Schultz
18
Plaintiffs, In Pre er
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT FOR ORDER
COMPELLING RESPONSES TO REQUEST FOR PRODUCTION AND FOR MONETARY
SANCTIONS
DEFENDANT MICHAEL TEVIS HAS FAILED TO SERVE A TIMELY RESPONSE TO
PLAINTIFFS LANE COPLEY AND LOISANN SCHULTZ’S DEMAND FOR PRODUCTION
OF DOCUMENTS, SET ONE, AND THUS THE COURT SHOULD MAKE AN ORDER
COMPELLING A RESPONSE AND IMPOSING A MONETARY SANCTION FOR THE
FAILURE TO RESPOND.
A. Party May Move for Order Compelling Response and for Monetary Sanction. When
a party makes an inspection demand under Section 2031.010 of the Code of Civil
Procedure and the party to whom the demand is directed fails to respond, the demanding
party may move for an order compelling response and for a monetary sanction under
Section 2023.030 of the Code of Civil Procedure ( Code Civ. Proc. § 2031.300).
10
B. Waiver of Objection to Demand. When the party to whom an inspection demand has
iL been directed fails to serve a timely response to it, that party waives any objection to the
demand, including one based on privilege or on the protection for work product under
12
Section 2018.010 et seq. of the Code of Civil Procedure ( Code Civ. Proc. § 2031.300(a)).
13
C. Court Must Impose Monetary Sanction Absent Specified Findings. The court must
14 impose a monetary sanction under Section 2023.030 of the Code of Civil Procedure against
any party, person, or attorney who unsuccessfully opposes a motion to compel a response
15
to an inspection demand, unless it finds that the one subject to the sanction acted with
16 substantial justification or that other circumstances make the imposition of the sanction
unjust (Code Civ. Proc. §§ 2023.030(a), 2031.300(c)).
17
D. Court May Impose Sanctions Despite Lack of Opposition to Motion to Compel
18
Discovery. The court may award sanctions under the Discovery Act in favor of a party who
19 files a motion to compel discovery, even though no opposition to the motion was filed, or
opposition to the motion was withdrawn, or the requested discovery was provided to the
20 moving party after the motion was filed (Cal. Rules of Ct., Rule 3.1030(a)).
21 Dated: July 30, 2021
22
ot
23 By
ane Copley a Loi nn Schultz
24 Plaintiffs, In Pro Per’
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EXHIBITA
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DECLARATION OF LANE COPLEY AND LOISANN SCHULTZ IN SUPPORT FOR ORDER
COMPELLING RESPONSES TO DISCOVERY REQUESTS AND FOR MONETARY
SANCTIONS
We, LANE COPLEY AND LOISANN SCHULTZ, declare:
1. We are the plaintiffs in the above entitled action.
2. On June 30, 2021 | served my Requests for Production of Documents, Set one, on
the defendant Michael Tevis. A true copy with proof of service is attached to this declaration
9 as Exhibit A and made a part hereof.
10 3. | have not received any response to my Requests for Production of Documents,
11
Set one, from the defendant.
4. | ask that the court award sanctions of $217. | base my request for the imposition
12
of a sanction on basis that it took me two hours to research and prepare the instant motion.
1
My hourly wage is $61 per hour times two hours equals $122. In addition, this motion’s
1
service by process server was billed at $75 for service plus $20 for office fees.
15
16 | declare under penalty of perjury under the laws of the State of California that the
17 foregoing is true and correct.
18
19 Dated: July 30, 2021
20 aX -
21
By
LANE LEY AND LOISANN SCHULTZ
22 Plaintiffs, In Pro Per
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POS-040
ATTORNEY OR PARTY WITHOUT. STATE BAR NO:
INAME: o an SAL 42 and Lone dopey
FOR COURT USE ONLY
FIRM NAME: F
F Superior Court of California
[press scones BAS54 4A Cc vest Drive
esi state: CA zpcone: Ole (27 \
County of Butte
\
[TELEPHONE NO. FAXNO.: L L
E-MAIL ADDRESS: JUL 02 2021 E
apr
[ATTORNEY FOR (namex. PoP. OC
D ‘imberly Flen Clerk D
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte - Denut
STREET ADDRESS: 1775 CONCORD AVENUE By
MAILING ADDRESS: 1775 CONCORD AVENUE
CITY AND ZIP CODE: CHICO, CA 95928
BRANCH NAME: ,
Civile CASE NUMBER:
Plaintitt/Petitioner: COPLYee4, Loune eal
Defendant/Respondent: [21S , Mh chae| 2ocv ODS710
JUDICIAL OFFICER:
PROOF OF SERVICE—CIVIL:
Check method of service (only one):
[] By Personal Service BAY By Mail (7): By Overnight Delivery DEPARTMENT:
{__] By Messenger Service [) By Fax
Do not use this form to show service of a summons and complaint or for electronic service.
See USE OF THIS FORM on page 3.
At the time of service | was over 18 years of age and not a party to this action.
My residence or business address is: AW LEGAL SERVICES |
(530) 230-7316
Mt BROADWAY STREET, STE at COUNTY OF BUTTE, #213
[] The fax number from which | served the documents is (complete if service was by fax):
On (date):
JUN 30 2021 { served the following documents (specify):
c -~Ganeral Sex NS.002.
Pleagnn ve
* wreFOB and Mes
+e foe ProAuction oF Docume
or Hie
17} The documents are listed in the Attachment to Proof of Service-Civil (Documents Served) (fo rm POS-040(D)).
| served the documents on the person or persons below, as follows:
a. Name of person served: (U\' ael evs
b. Ww (Complete if service was by personal service, mail, overnight delivery, or messenger service.)
aes or residential address wee. freaks is served:
Chico, CA VS42B
c. [_] (Complete if service was by fax.)
Fax number where person was served:
[_] 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)).
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 represent ed by an attomey, delivery was made (a) to the attorney personally;
or (b) by leaving the documents at the
attorney's office, in an envelope or package clearly labeled to identify the attomey being
served, with a receptionist or an
individual in charge of the office; or (c) if there was no person in the office with
wh om the notice or papers could be left, by
leaving them in a conspicuous place in the office between the hours of nine
in the moming and five in the evening. (2) For
@ party, delivery was made to the party or by leaving the documents at the party's
fesidence with some person not
younger than 18 years of age between the hours of eight in the moming and eight
in the evening.
Pago 1013
Form Approved for Optional Use
Judicial Council of Catifomia PROOF OF SERVICE—CIVIL Code
of Civil Procedure,§§ 1011, 1013, 1013a,
POS-040 [Rev. January 1, 2020) (Proof of Service) 20155; Cal. Rules ot Court, rule 2308
wnaw.courts.ca.gov
=
POS-040
CASE NAME:
eis, Wichae/
CASE NUMBER:
Cop lon, Lanzatol Ww. DocevE2S10
6. b. By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses in item 5 and (specify one): Carrs AN
() CSS] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2) [J 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, itis deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
Tam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state):
c. ["_] 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.
d. (_] 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. )
e. [_] 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.
' declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: JUN 3 0 202%
AMBER WOOLF
(TYPE OR PRINT NAME OF DECLARANT)
>
(SIGNATURE OF DECLARARRR
(if item 6d above is checked, the declaration below must be. completed or a separate declaration from a
messenger must be attached.)
DECLARATION OF MESSENGER
{-) By personal service. | personally delivered the envelo pe or package received from the declarant
above to the persons at the
addresses listed in item 5. (1) For a party represented by an attomey, delivery was made (a) to the attomey
personally; or (b) by
leaving the documents at the attorney's office, in an envelope or package clearly labeled to
identify the attorney being served,
with a receptionist or an individual in charge of the office; or (c) if there was no person in the office
with whom the notice or
Papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the
morning and five in the
evening. (2) For a party, delivery was made to the party or by leaving the documents at the
party's residence with some person
not younger than 18 years of age between the haurs of eight in the moming and eight 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, 2020)
PROOF OF SERVICE—CIVIL. Pago
2 0f3
(Proof of Service)
4 te
&
INFORMATION SHEE
(This information she
T FOR PROOF OF SERVICE—cIVIL POS-040
et isis Not part of the
official Proof of service
USE OF THIS FORM form and do eS not need to be copied,
served, orfiled.)
This form is designed to
delivery, (4) messen be Used to show pro
ger sey Tic. e, or (5) of of si ervice of docume
fax, nts by (1) personat ser
vice, (2) mail, (3) overni
This proof of service ght
form should | not be use
use Proof of Serv; ‘ICice d to show Proof of servic
of Summon: Ss (form POS e of a summons and com
-010) . pk aint. For that Purpose,
Also, this proof of servi
ice form should not be
Electronic Service (for m POS-050), u: d ‘o show proof of
ise
electronic service. For
that pl urpose, use Pro of of
Certain documents mus
t be Personally served
generally must be si . For example, an ord
erved bi y personal delivery. er to show cause ay ind
can be served by mail You must det termine whe temporary restraining ord
or ai nother method. ther a docum: ent must be er
Personally delivered or
GENERAL INSTRUCTIO
NS
A person must be ove
r 18 years of f age to serve
the Proof of Service, A the documents. The per
Patty to the action cannot son who served the doc
serve the documents, uments must complete
The Proof of Service s| hou
ld be
. ty ped or printed. if you have Internet acc
is available at www.co ess, a fillable version of
UrES.ca. .gov/forms.htm. this Proof of service form
Complete the top secti
ion of the proof of service
First box,tle left ft si side: In form as follows:
tl his box print the name, add
documer . ress, and telephone number
of the person for whom you
Second box, left side: Prin served the
t the name of the county
The address for the ci ‘ourt in which the legal action
should be the sar ime as the is filed and the court’ 's addr
ess in this box.
Third box, left side: Print address on the documents
the names of the Plaintifffpe that you served,
@8 are on the documents titioner and defendant/respo
ndent in this box. Use the sam
that you served. e names
Fourth box, left side: Check
the method of ser vice that was
should show proof of ol nly used, You should check only
one method on the form. If
you served a parly by severa
one method of service and
each method of service. l methods, use a s eparate
form to show
First box, top of form, tight
side: Leave this box blank
Second bi for the court's use,
right sid le: Print the case number
the documents that yeou Ser in this box. The casi © number shou
ved, ld be the same as the case num
Third box,
ber on
right side: State the judge
and department assigned to
Complete items 1-6: the case, if known.
4 You are stating that you
are over the age of 18.
2. Print your home or busine
ss address,
3. If service was by fax serv
ice, print the fax number from
4. List each document t hat which service was made.
you served. If you need more spac
Proof of Sei ‘Tvice—Civil (Do e, check the box in item 4, comp
cuments Sei ved) (form POS. 040( D)), and attach it t fo form POS
lete the Attachment to
Provide the names, addresses, -04 0.
and other applicable infor: mati
Was served, check the box on about the persons served.
on it lem 5, complete the Afta
ichment to Proof of Service—C If more than one person
POS-040(P)), and attach ittof ivil ( ersons Served) (form
01 rm POS-040.
Check the box before the met
hod of service that was used,
he law may require that docu and provide any additional info
r mation that is required .
Purposes. Service by fax generaments be serve ed in a particut: ar Manner r (such as by personal delivery
lly requires he prior agreem ) for certain
ent of the Parties.
You must sign and date
the proof of service form.
information that you ha ve By signing, you are Stating und
provided on form POS-040 is er penalty of perjury that
true a ind corre! ct, the
POS-040 [Rev.Janvary 1, 2020)
PROOF OF SERVIGE—CIVIL
(Proof of Service) Page 3of3
RASRIESS:
ie cir easey
af } Print iS fe Save thin tou 1 ———_____.
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LOISANN SCHULTZ and LANE COPLEY F Superior Court of California F 3454 Hill Crest Drive County of Butte Westwood, CA 96137 | (415) 279-4193 8/3/2021 L LOISANN SCHULTZ and LANE COPLEY, , IN PRO PER D Kime lr D By Deputy Electronically FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF BUTTE COPLEY, LANE ET AL , ) Case No.: 20CV02570 10 Plaintiff, vs. ) NOTICE OF MOTION AND MOTION; 11 TEVIS, MICHAEL, ) MEMORANDUM OF POINTS AND Defendant ) AUTHORITIES; and DECLARATION OF 12 ) LOISANN SCHULTZ AND LANE COPLEY 13 ) IN SUPPORT OF MOTION TO COMPEL ) RESPONSES TO REQUESTS FOR 14 ) PRODUCTION OF DOCUMENTS, SET 15 ) ONE AND MONETARY SANCTION ) 16 ) Date: August 4, 2021 17 ) Dept. Department One 18 Time: 9:00 AM 19 20 To defendant MICHAEL TEVIS and to his attorney of record: 21 NOTICE IS HEREBY GIVEN that on August4, 2021 or as soon thereafter as the matter may 22 be heard, in Department one this court, located at 1775 Concord Ave, Chico, the plaintiffs LOISANN SCHULTZ and LANE COPLEY, will, and hereby do, move 23 for an order compelling defendant Michael Tevis, to serve on them a response to the plaintiff 24 's Requests for Production of Documents, set one, which they served on defendant Michael 25 Tevis on June 30, 2021 , and will further move this court for an order requiring defendant Michael 26 Tevis, to pay a monetary sanction to plaintiffs. The motion will be made on the grounds that 27 defendant has failed to serve a timely response to the above-described Requests for 28 Production of Documents. The motion will be based on this notice of motion, on the declaration of LOISANN SCHULTZ AND LANE COPLEY and the memorandum set forth below, on the records and file herein, and on such evidence as may be presented at the hearing of the motion. NOTICE OF TENTATIVE RULING SYSTEM Pursuant to Local Rule 1.06 (A) the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative rulings for the department may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the department as 10 referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on li the court day before the hearing and receive the tentative ruling. If you do not call the court 12 and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be 13 held. 14 is Dated: 7/30/2021 16 By: 17 Lane Copley and LoisAnn Schultz 18 Plaintiffs, In Pro Per 19 20 21 22 23 24 25 26 27 28 The motion will be based on this notice of motion, on the declaration of LOISANN SCHULTZ AND LANE COPLEY and the memorandum set forth below, on the records and file herein, and on such evidence as may be presented at the hearing of the motion. NOTICE OF TENTATIVE RULING SYSTEM Pursuant to Local Rule 1.06 (A) the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative tulings for the department may be downloaded off the court's website. If the party does not have online access, they may call the dedicated phone number for the department as 10 referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on 11 the court day before the hearing and receive the tentative ruling. If you do not call the court 12 and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be 13 held. 14 15 Dated: 7/30/2021 16 SX _ By: 17 Lane Copl andoisAnn Schultz 18 Plaintiffs, In Pre er 19 5 2 0 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT FOR ORDER COMPELLING RESPONSES TO REQUEST FOR PRODUCTION AND FOR MONETARY SANCTIONS DEFENDANT MICHAEL TEVIS HAS FAILED TO SERVE A TIMELY RESPONSE TO PLAINTIFFS LANE COPLEY AND LOISANN SCHULTZ’S DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND THUS THE COURT SHOULD MAKE AN ORDER COMPELLING A RESPONSE AND IMPOSING A MONETARY SANCTION FOR THE FAILURE TO RESPOND. A. Party May Move for Order Compelling Response and for Monetary Sanction. When a party makes an inspection demand under Section 2031.010 of the Code of Civil Procedure and the party to whom the demand is directed fails to respond, the demanding party may move for an order compelling response and for a monetary sanction under Section 2023.030 of the Code of Civil Procedure ( Code Civ. Proc. § 2031.300). 10 B. Waiver of Objection to Demand. When the party to whom an inspection demand has iL been directed fails to serve a timely response to it, that party waives any objection to the demand, including one based on privilege or on the protection for work product under 12 Section 2018.010 et seq. of the Code of Civil Procedure ( Code Civ. Proc. § 2031.300(a)). 13 C. Court Must Impose Monetary Sanction Absent Specified Findings. The court must 14 impose a monetary sanction under Section 2023.030 of the Code of Civil Procedure against any party, person, or attorney who unsuccessfully opposes a motion to compel a response 15 to an inspection demand, unless it finds that the one subject to the sanction acted with 16 substantial justification or that other circumstances make the imposition of the sanction unjust (Code Civ. Proc. §§ 2023.030(a), 2031.300(c)). 17 D. Court May Impose Sanctions Despite Lack of Opposition to Motion to Compel 18 Discovery. The court may award sanctions under the Discovery Act in favor of a party who 19 files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the 20 moving party after the motion was filed (Cal. Rules of Ct., Rule 3.1030(a)). 21 Dated: July 30, 2021 22 ot 23 By ane Copley a Loi nn Schultz 24 Plaintiffs, In Pro Per’ 25 26 27 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBITA 26 27 28 DECLARATION OF LANE COPLEY AND LOISANN SCHULTZ IN SUPPORT FOR ORDER COMPELLING RESPONSES TO DISCOVERY REQUESTS AND FOR MONETARY SANCTIONS We, LANE COPLEY AND LOISANN SCHULTZ, declare: 1. We are the plaintiffs in the above entitled action. 2. On June 30, 2021 | served my Requests for Production of Documents, Set one, on the defendant Michael Tevis. A true copy with proof of service is attached to this declaration 9 as Exhibit A and made a part hereof. 10 3. | have not received any response to my Requests for Production of Documents, 11 Set one, from the defendant. 4. | ask that the court award sanctions of $217. | base my request for the imposition 12 of a sanction on basis that it took me two hours to research and prepare the instant motion. 1 My hourly wage is $61 per hour times two hours equals $122. In addition, this motion’s 1 service by process server was billed at $75 for service plus $20 for office fees. 15 16 | declare under penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. 18 19 Dated: July 30, 2021 20 aX - 21 By LANE LEY AND LOISANN SCHULTZ 22 Plaintiffs, In Pro Per 23 24 25 26 27 28 POS-040 ATTORNEY OR PARTY WITHOUT. STATE BAR NO: INAME: o an SAL 42 and Lone dopey FOR COURT USE ONLY FIRM NAME: F F Superior Court of California [press scones BAS54 4A Cc vest Drive esi state: CA zpcone: Ole (27 \ County of Butte \ [TELEPHONE NO. FAXNO.: L L E-MAIL ADDRESS: JUL 02 2021 E apr [ATTORNEY FOR (namex. PoP. OC D ‘imberly Flen Clerk D SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte - Denut STREET ADDRESS: 1775 CONCORD AVENUE By MAILING ADDRESS: 1775 CONCORD AVENUE CITY AND ZIP CODE: CHICO, CA 95928 BRANCH NAME: , Civile CASE NUMBER: Plaintitt/Petitioner: COPLYee4, Loune eal Defendant/Respondent: [21S , Mh chae| 2ocv ODS710 JUDICIAL OFFICER: PROOF OF SERVICE—CIVIL: Check method of service (only one): [] By Personal Service BAY By Mail (7): By Overnight Delivery DEPARTMENT: {__] By Messenger Service [) By Fax Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. At the time of service | was over 18 years of age and not a party to this action. My residence or business address is: AW LEGAL SERVICES | (530) 230-7316 Mt BROADWAY STREET, STE at COUNTY OF BUTTE, #213 [] The fax number from which | served the documents is (complete if service was by fax): On (date): JUN 30 2021 { served the following documents (specify): c -~Ganeral Sex NS.002. Pleagnn ve * wreFOB and Mes +e foe ProAuction oF Docume or Hie 17} The documents are listed in the Attachment to Proof of Service-Civil (Documents Served) (fo rm POS-040(D)). | served the documents on the person or persons below, as follows: a. Name of person served: (U\' ael evs b. Ww (Complete if service was by personal service, mail, overnight delivery, or messenger service.) aes or residential address wee. freaks is served: Chico, CA VS42B c. [_] (Complete if service was by fax.) Fax number where person was served: [_] 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)). 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 represent ed by an attomey, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attomey being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with wh om the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the moming and five in the evening. (2) For @ party, delivery was made to the party or by leaving the documents at the party's fesidence with some person not younger than 18 years of age between the hours of eight in the moming and eight in the evening. Pago 1013 Form Approved for Optional Use Judicial Council of Catifomia PROOF OF SERVICE—CIVIL Code of Civil Procedure,§§ 1011, 1013, 1013a, POS-040 [Rev. January 1, 2020) (Proof of Service) 20155; Cal. Rules ot Court, rule 2308 wnaw.courts.ca.gov = POS-040 CASE NAME: eis, Wichae/ CASE NUMBER: Cop lon, Lanzatol Ww. DocevE2S10 6. b. By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): Carrs AN () CSS] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) [J 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, itis deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. Tam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): c. ["_] 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. d. (_] 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. ) e. [_] 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. ' declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: JUN 3 0 202% AMBER WOOLF (TYPE OR PRINT NAME OF DECLARANT) > (SIGNATURE OF DECLARARRR (if item 6d above is checked, the declaration below must be. completed or a separate declaration from a messenger must be attached.) DECLARATION OF MESSENGER {-) By personal service. | personally delivered the envelo pe or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attomey, delivery was made (a) to the attomey personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or Papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the haurs of eight in the moming and eight 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, 2020) PROOF OF SERVICE—CIVIL. Pago 2 0f3 (Proof of Service) 4 te & INFORMATION SHEE (This information she T FOR PROOF OF SERVICE—cIVIL POS-040 et isis Not part of the official Proof of service USE OF THIS FORM form and do eS not need to be copied, served, orfiled.) This form is designed to delivery, (4) messen be Used to show pro ger sey Tic. e, or (5) of of si ervice of docume fax, nts by (1) personat ser vice, (2) mail, (3) overni This proof of service ght form should | not be use use Proof of Serv; ‘ICice d to show Proof of servic of Summon: Ss (form POS e of a summons and com -010) . pk aint. For that Purpose, Also, this proof of servi ice form should not be Electronic Service (for m POS-050), u: d ‘o show proof of ise electronic service. For that pl urpose, use Pro of of Certain documents mus t be Personally served generally must be si . For example, an ord erved bi y personal delivery. er to show cause ay ind can be served by mail You must det termine whe temporary restraining ord or ai nother method. ther a docum: ent must be er Personally delivered or GENERAL INSTRUCTIO NS A person must be ove r 18 years of f age to serve the Proof of Service, A the documents. The per Patty to the action cannot son who served the doc serve the documents, uments must complete The Proof of Service s| hou ld be . ty ped or printed. if you have Internet acc is available at www.co ess, a fillable version of UrES.ca. .gov/forms.htm. this Proof of service form Complete the top secti ion of the proof of service First box,tle left ft si side: In form as follows: tl his box print the name, add documer . ress, and telephone number of the person for whom you Second box, left side: Prin served the t the name of the county The address for the ci ‘ourt in which the legal action should be the sar ime as the is filed and the court’ 's addr ess in this box. Third box, left side: Print address on the documents the names of the Plaintifffpe that you served, @8 are on the documents titioner and defendant/respo ndent in this box. Use the sam that you served. e names Fourth box, left side: Check the method of ser vice that was should show proof of ol nly used, You should check only one method on the form. If you served a parly by severa one method of service and each method of service. l methods, use a s eparate form to show First box, top of form, tight side: Leave this box blank Second bi for the court's use, right sid le: Print the case number the documents that yeou Ser in this box. The casi © number shou ved, ld be the same as the case num Third box, ber on right side: State the judge and department assigned to Complete items 1-6: the case, if known. 4 You are stating that you are over the age of 18. 2. Print your home or busine ss address, 3. If service was by fax serv ice, print the fax number from 4. List each document t hat which service was made. you served. If you need more spac Proof of Sei ‘Tvice—Civil (Do e, check the box in item 4, comp cuments Sei ved) (form POS. 040( D)), and attach it t fo form POS lete the Attachment to Provide the names, addresses, -04 0. and other applicable infor: mati Was served, check the box on about the persons served. on it lem 5, complete the Afta ichment to Proof of Service—C If more than one person POS-040(P)), and attach ittof ivil ( ersons Served) (form 01 rm POS-040. Check the box before the met hod of service that was used, he law may require that docu and provide any additional info r mation that is required . Purposes. Service by fax generaments be serve ed in a particut: ar Manner r (such as by personal delivery lly requires he prior agreem ) for certain ent of the Parties. You must sign and date the proof of service form. information that you ha ve By signing, you are Stating und provided on form POS-040 is er penalty of perjury that true a ind corre! ct, the POS-040 [Rev.Janvary 1, 2020) PROOF OF SERVIGE—CIVIL (Proof of Service) Page 3of3 RASRIESS: ie cir easey af } Print iS fe Save thin tou 1 ———_____.