Preview
Todd K. Davis
State Bar Number 169654
FARLING, HECHT & DAVIS, LLP
96 North Third Street, #660
San Jose, CA 95112
(408) 295-6100
Andrew G. Watters
State Bar Number 237990
118 South Blvd.
San Mateo, CA 94402
(415) 261-8527
Attorneys for Plaintiff, Weichiao Ku and Pi-Lien Kuo
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
(Unlimited Jurisdiction)
WEICHIAO KU and PI-LIEN KUO; Case number: 21-CV-376210
Plaintiff, FIRST AMENDED COMPLAINT
(Wrongful Death and Survival)
Vv.
HARALD HERCHEN; and DOES 1
[CCP section 377.60]
through 40, inclusive;
2. Negligence;
3. False Personation;
[Penal Code section 528.5]
)
)
)
}
) 1. Wrongful Death;
)
)
)
Defendants. )
)
Plaintiff Alleges:
1. Plaintiffs, Weichiao Ku and Pi Lien Kuo are the surviving
parents of Decedent Alice Ku and present this claim through their
son George Ku who holds Power of Attorney on behalf of the
Plaintiffs for the purpose of advancing this claim. Plaintiffs
Weichiao Ku and Pi-Lien Kuo are residents of Taiwan and are the
survivors in interest of Alice Ku (Decedent), deceased, who
Plaintiffs believe and allege died intestate and without issue.
2
|
4
:
{
|2. Decedent, Alice Ku, was born on December 2, 1982 in Taipei,
Taiwan and at all times referenced herein was a resident of Santa
Clara County, California.
3. Defendant, Harald Herchen (Herchen) is an individual residing
in Santa Clara County, California.
4. Plaintiffs are the Decedent’s heirs and survivors in interest
due to the exclusion to inherit of Defendant Herchen pursuant to
Probate Code section 250 et al. [Slayer Statute] as alleged herein.
Decedent Alice Ku died without issue.
5. Plaintiff is ignorant of the true names and capacities of the
defendants sued herein as Does 1 through 50, inclusive, and
therefore sues these defendants by such fictitious names. Plaintiff
will amend this complaint to allege their true names and capacities
when the same has been ascertained by plaintiff. Plaintiff is
informed, believes, and alleges that each of the fictitiously named
defendants is responsible in some manner for the occurrences herein
alleged and plaintiffs’ damages as herein alleged were proximately
caused by such defendants.
6. Plaintiff is informed, believes and alleges that at all times
mentioned, each of the defendants was the agent or employee of the
others and was acting under their control and direction and that
each of the defendants, in acting as alleged, was acting within the
scope of such employment and agency and with the ratification and
consent of each other.
FIRST CAUSE OF ACTION
(Wrongful Death)
7, Decedent Alice Ku married Defendant Harald Herchen on or about
2on
October 6, 2017 in a civil ceremony in Santa Clara County,
California.
8. The Decedent and Defendant Herchen resided together in Mountain
View, Santa Clara County, California from December 2017 until the
Decedent‘s disappearance in November 2019.
9. On or about November 2019 Defendant Herchen planned and
orchestrated a purported business trip with the Decedent from the
Decedent and Defendant’s home in Mountain View, Santa Clara County,
California to Taiwan for the Decedent and himself. All planning and
arrangements, including travel reservations and the purchase of
airline tickets, were made by or at the request of Defendant
Herchen, from Santa Clara County, California.
10. Defendant Herchen planned and arranged for the travel to Taiwan
for himself and the Decedent for the purpose of causing the death
of the decedent and the disposing of her body in Taiwan.
11. On or about November 23, 2019 the Decedent and Defendant
Herchen travelled from their home in Mountain View, Santa Clara
County, California to the San Francisco airport and from there flew
to Taipei, Taiwan, arriving in Taiwan on November 24, 2019. The
Decedent travelled with her United State passport and Defendant
Herchen travelled with his Canadian passport.
12. Defendant Herchen completed all purported Taiwan work related
obligations to his employer on November 25 and was thereafter in
Taiwan for personal purposes with the Decedent.
13. On or about November 29, 2019, Defendant Herchen intentionally
and with malice aforethought, caused the death of Decedent Alice Ku27
28
in a manner and of means as of yet unknown and subject to proof.
Defendant Herchen thereafter concealed the death of the Decedent
from the Decedent’s family, clients, business associates, friends,
neighbors and from law enforcement both in Taiwan and in California.
Defendant Herchen thereafter claimed that Decedent had intentionally
left Defendant Herchen. The aforementioned acts and omissions of
Defendant Herchen were the direct and proximate cause of the death
of the Decedent.
14. Defendant Herchen owed a duty to the Decedent, the Plaintiff and
the Assignors.
15. Defendant Herchen breached his duty to the Decedent, Plaintiff
and Assignors by his acts and failures to act as described herein.
16. As a direct and proximate result of the acts and failures to act
by Defendant Herchen the Decedent sustained injuries causing death.
17. As a direct, proximate and foreseeable result of the Acts and
omissions by Defendant Herchen the Assignors suffered a loss of the
Decedent's love, companionship, comfort, care, assistance, society,
affection, moral support, and guidance, which injuries resulting in
general damages in an amount to be determined according to proof at
trial but in excess of the jurisdictional minimum of this court.
18. As a further direct, proximate and foreseeable result of the
acts by Defendant Herchen, Assignors will be required to and will
incur funeral costs, related expenses and other pecuniary loss and
damages including loss of financial support the exact amount of
which are currently unknown to the Plaintiff and Assignors, but
which will be determined in an amount according to proof at trial.
/19. As a further direct, proximate and foreseeable result of the
acts by Defendant Herchen as herein alleged, Plaintiff and Assignors
have incurred other economic losses resulting from Decedent’s
disappearance and death, including costs related to trying to locate
the Decedent and costs associated with handling the Decedent's
business affairs resulting in further damage in an amount to be
determined according to proof at trial.
20. The conduct by Defendant Herchen as alleged herein constitutes
oppression, fraud and malice, was despicable by nature and designed
to harm the Decedent, Assignors and Plaintiff thereby justifying
punitive and exemplary damages in an amount sufficient to punish
Defendant Herchen pursuant to Civil Code section 3294.
WHEREFORE, plaintiff prays for relief as set for herein.
SECOND CAUSE OF ACTION
(Negligence)
21. Plaintiff realleges paragraphs 1 through 20 and incorporates
the same herein.
22. The defendants and each of them owed a duty to the Decedent,
the Plaintiff and the Assignors.
23. On or about November 29, 2019, the defendants and each of them
breached this duty, by committing and participating in, acts and
failures to act which were the direct and proximate cause of the
death of the Decedent Alice Ku.
24. As a direct, proximate and foreseeable result of the acts and
omissions of the defendants and each of them, as alleged herein, the
Decedent, the Plaintiff and the Assignors sustained general and
special damages as alleged herein above in an amount to be
5determined.
Wherefore, plaintiff prays for relief as forth herein.
THIRD CAUSE OF ACTION
(False Personation)
[Penal Code section 528.5]
25. Plaintiff realleges paragraphs 1 through 24 and incorporates
the same herein.
26. On or about November 30, 2019, Defendant Herchen impersonated
the Decedent by using an electronic device previously controlled by
the Decedent for the purpose of accessing the Decedent's electronic
mail account and in order to send an email purportedly from the
Decedent to Defendant Herchen for the purpose of deceiving and
defrauding the Plaintiff, the Assignors, the Decedent’s other family
members and law enforcement into believing that the Decedent was
alive and had disappeared at a place and in a time other than what
had occurred. Defendant Herchen thereafter shared that email with
the Plaintiff and with investigators and attorneys retained by the
Decedent's family who were charged with locating the decedent.
27. Defendant Herchen had a duty to the Plaintiff and to the
Decedent's family not interfere with any efforts by the Decedent’s
family to have communication with her and once she was missing to
locate her. Defendant Herchen breached this duty by intentionally
impersonating the Decedent in order to deceive the Decedent's family
into believing she had been unable to contact of her own accord and
did not want to be found.
28. Defendant Herchen’s actions as described herein are the direct
and proximate cause of damages to the Plaintiff and the Assignorso
as described herein.
29. The acts and omissions by defendant Herchen as described herein
constitute fraud, malice, oppression and were a conscious disregard
for the rights of the Plaintiff, the Decedent’s family and others.
An award of exemplary and punitive damages is warranted to punish
the defendant and deter similar conduct.
Wherefore, Plaintiff prays for judgment against defendants, and
each of them, as
1.
2.
3.
Dated: May 28, 2021
For
For
For
For
just
follows:
general damages;
all special damages;
loss of Decedent’s earnings and earning capacity;
costs of suit herein;
. An award of punitive damages against Harald Herchen;
. Attorney Fees according to proof;
. For such other and further relief ag the court may deem
and proper.
Todd K. Davis
Attorney for plaintiffs
Weichiao Ku and
Pi-Lien Kuo. SUM-100
AMENDED SUMMONS (sold Pana Us0 DELA CORTE)
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
{AVISO AL DEMANDADO):
HARALD HERCHEN and DOES 1 through 40, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
WEICHIAO KU and PI-LIEN KUO;
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you lo file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case, There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca,gov/selfheip), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and properly
may be taken without further warning from the court.
There are other legal requirements. You may want to call an altorney right away. If you do not know an altorney, you may want to call an atlorney
referral service, If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.fawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory len for waived fees and
costs on any settlement or arbitration award of $40,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
iAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea fa informacion a
continuacion.
Tiene 30 DIAS DE CALENDARIO después de que le entrequen esta citacion y papeles legales para presenter una respuesta por escrito en esta
corte y hacer que se entreque una copia al demandante. Una carta 0 una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de Ia corte y mas informacién en ei Centro de Ayuda de jas Cortes de California (www.sucore.ca.gov), en la
biblioteca de leyes de su condado o en /a corte que le quede mas cerca. Si no puede pagar la cuota de presentacién, pide al secretario de ia corte
que le dé un formulario de exencién de pago de cuotas. Sino presente su respuesta a tiempo, puede perder el caso por incumplimianto y la corte le
podré quitar su sueido, dinero y bienes sin mas advertencia.
Hay otros requisites legales. Fs recomendable que ilame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legates gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar astos grupos sin fines de lucro en el sitio web de California Legal Services,
{www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con ia corte o ef
colegio de abogados locales. AVISO; Por ley, la corte tiene derecho a reclamar las cuotas y los costos exenios por imponer un gravamen sobre
cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo o una concesién de erbitraje en un caso de derecho civil, Tiene que
pagar ef gravamen de la corte antes de que fa corte pueda desechar el caso.
The name and address of the court is: CASE NUMBER:
(EI nombre y direccién de la corte es): {Namero del Caso):
UPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 21CV376210
191 North First Street, San Jose, California, CA 95113
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
EI bre, la direccié f na 16 de! abogado del d dante, o def de dante tie ibogad: :
FORDE DAVIS” ar Fees ee LLCS Bax Ro. ie 399-0396
FARLING, HECHT & DAVIS LL! Phone No.: (408) 295-6100
28 North Third Street #660, San Jose, CA 95112
ATE: Clerk, by , Deputy
(Fecha) (Secretario} (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-070).)
{Para prueba de entrega de esta citation use ef formularia Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
(SEAL 1. L__] as an individual defendant.
2. as the person sued under the fictitious name of (specify):
3. ‘on behalf of (specify):
under: CCP 416.10 (corporation) CCP 416.80 (minor)
[7] CCP 416.20 (defunct corporation) [_] CCP 416.70 (conservatee)
[_] CCP 416.40 (association or partnership) [—] CCP 416.90 (authorized person)
__ (_] other (specify):
4. by personal delivery on (date):
Page tof 4
Form Adopted for Mandatory Use SUMMONS Code of Civil Procedure §§ 412.20, 466
Judicial Counc of California gy courtptaca gov
SUM-100 [Rev. July 1, 2009} LexisNexis® Automated Caltfornia Judicial Council FormsKu v. Herchen
Santa Clara County Case No.: 21CV376210
PROOF OF SERVICE BY ELECTRONIC MAIL (E-MAIL) ONLY
lam a citizen of the United States. My business address is 96 North Third Street,
Suite 660, San Jose, CA 95112. | am employed in the County of Santa Clara, where
this mailing occurs. | am over the age of 18 years, and not a party to the within cause.
My electronic service address is: maryben@fhdilp.com.
| electronically served today the attached document(s) described as:
AMENDED SUMMONS AND FIRST AMENDED COMPLAINT
to the following addresses:
Andrew G. Watters, Esquire Louis F. Doyle, Esquire
555 Twin Dolphin Drive #300 P.O. Box 360
Redwood City, California 94065 San Martin CA 95046
(415) 261-8527 408-686-1007
andrew@andrewwatters.com Fax: 408-686-1202
\fdoyle@garlic.com
Andrew G. Watters, Esquire
118 South Boulevard
San Mateo CA 94402
(415) 261-8527
andrew@andrewwatters.com
SERVICE BY ELECTRONIC TRANSMISSION ONLY: Service has been performed by e-
mailing the document(s) to the persons at the e-mail addresses listed above. During the
Coronavirus (Covid-19) pandemic, this office may be using electronic mail for service of
documents. No electronic message or other indication that the transmission was unsuccessful
was received within a reasonable time after the transmission.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on June 8, 2021, at San Jose, California.
SL Ligticn Xs 2, SBE
Maryben Stover
PROOF OF SERVICE
Preview
Todd K. Davis State Bar Number 169654 FARLING, HECHT & DAVIS, LLP 96 North Third Street, #660 San Jose, CA 95112 (408) 295-6100 Andrew G. Watters State Bar Number 237990 118 South Blvd. San Mateo, CA 94402 (415) 261-8527 Attorneys for Plaintiff, Weichiao Ku and Pi-Lien Kuo SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA (Unlimited Jurisdiction) WEICHIAO KU and PI-LIEN KUO; Case number: 21-CV-376210 Plaintiff, FIRST AMENDED COMPLAINT (Wrongful Death and Survival) Vv. HARALD HERCHEN; and DOES 1 [CCP section 377.60] through 40, inclusive; 2. Negligence; 3. False Personation; [Penal Code section 528.5] ) ) ) } ) 1. Wrongful Death; ) ) ) Defendants. ) ) Plaintiff Alleges: 1. Plaintiffs, Weichiao Ku and Pi Lien Kuo are the surviving parents of Decedent Alice Ku and present this claim through their son George Ku who holds Power of Attorney on behalf of the Plaintiffs for the purpose of advancing this claim. Plaintiffs Weichiao Ku and Pi-Lien Kuo are residents of Taiwan and are the survivors in interest of Alice Ku (Decedent), deceased, who Plaintiffs believe and allege died intestate and without issue. 2 | 4 : { |2. Decedent, Alice Ku, was born on December 2, 1982 in Taipei, Taiwan and at all times referenced herein was a resident of Santa Clara County, California. 3. Defendant, Harald Herchen (Herchen) is an individual residing in Santa Clara County, California. 4. Plaintiffs are the Decedent’s heirs and survivors in interest due to the exclusion to inherit of Defendant Herchen pursuant to Probate Code section 250 et al. [Slayer Statute] as alleged herein. Decedent Alice Ku died without issue. 5. Plaintiff is ignorant of the true names and capacities of the defendants sued herein as Does 1 through 50, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when the same has been ascertained by plaintiff. Plaintiff is informed, believes, and alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged and plaintiffs’ damages as herein alleged were proximately caused by such defendants. 6. Plaintiff is informed, believes and alleges that at all times mentioned, each of the defendants was the agent or employee of the others and was acting under their control and direction and that each of the defendants, in acting as alleged, was acting within the scope of such employment and agency and with the ratification and consent of each other. FIRST CAUSE OF ACTION (Wrongful Death) 7, Decedent Alice Ku married Defendant Harald Herchen on or about 2on October 6, 2017 in a civil ceremony in Santa Clara County, California. 8. The Decedent and Defendant Herchen resided together in Mountain View, Santa Clara County, California from December 2017 until the Decedent‘s disappearance in November 2019. 9. On or about November 2019 Defendant Herchen planned and orchestrated a purported business trip with the Decedent from the Decedent and Defendant’s home in Mountain View, Santa Clara County, California to Taiwan for the Decedent and himself. All planning and arrangements, including travel reservations and the purchase of airline tickets, were made by or at the request of Defendant Herchen, from Santa Clara County, California. 10. Defendant Herchen planned and arranged for the travel to Taiwan for himself and the Decedent for the purpose of causing the death of the decedent and the disposing of her body in Taiwan. 11. On or about November 23, 2019 the Decedent and Defendant Herchen travelled from their home in Mountain View, Santa Clara County, California to the San Francisco airport and from there flew to Taipei, Taiwan, arriving in Taiwan on November 24, 2019. The Decedent travelled with her United State passport and Defendant Herchen travelled with his Canadian passport. 12. Defendant Herchen completed all purported Taiwan work related obligations to his employer on November 25 and was thereafter in Taiwan for personal purposes with the Decedent. 13. On or about November 29, 2019, Defendant Herchen intentionally and with malice aforethought, caused the death of Decedent Alice Ku27 28 in a manner and of means as of yet unknown and subject to proof. Defendant Herchen thereafter concealed the death of the Decedent from the Decedent’s family, clients, business associates, friends, neighbors and from law enforcement both in Taiwan and in California. Defendant Herchen thereafter claimed that Decedent had intentionally left Defendant Herchen. The aforementioned acts and omissions of Defendant Herchen were the direct and proximate cause of the death of the Decedent. 14. Defendant Herchen owed a duty to the Decedent, the Plaintiff and the Assignors. 15. Defendant Herchen breached his duty to the Decedent, Plaintiff and Assignors by his acts and failures to act as described herein. 16. As a direct and proximate result of the acts and failures to act by Defendant Herchen the Decedent sustained injuries causing death. 17. As a direct, proximate and foreseeable result of the Acts and omissions by Defendant Herchen the Assignors suffered a loss of the Decedent's love, companionship, comfort, care, assistance, society, affection, moral support, and guidance, which injuries resulting in general damages in an amount to be determined according to proof at trial but in excess of the jurisdictional minimum of this court. 18. As a further direct, proximate and foreseeable result of the acts by Defendant Herchen, Assignors will be required to and will incur funeral costs, related expenses and other pecuniary loss and damages including loss of financial support the exact amount of which are currently unknown to the Plaintiff and Assignors, but which will be determined in an amount according to proof at trial. /19. As a further direct, proximate and foreseeable result of the acts by Defendant Herchen as herein alleged, Plaintiff and Assignors have incurred other economic losses resulting from Decedent’s disappearance and death, including costs related to trying to locate the Decedent and costs associated with handling the Decedent's business affairs resulting in further damage in an amount to be determined according to proof at trial. 20. The conduct by Defendant Herchen as alleged herein constitutes oppression, fraud and malice, was despicable by nature and designed to harm the Decedent, Assignors and Plaintiff thereby justifying punitive and exemplary damages in an amount sufficient to punish Defendant Herchen pursuant to Civil Code section 3294. WHEREFORE, plaintiff prays for relief as set for herein. SECOND CAUSE OF ACTION (Negligence) 21. Plaintiff realleges paragraphs 1 through 20 and incorporates the same herein. 22. The defendants and each of them owed a duty to the Decedent, the Plaintiff and the Assignors. 23. On or about November 29, 2019, the defendants and each of them breached this duty, by committing and participating in, acts and failures to act which were the direct and proximate cause of the death of the Decedent Alice Ku. 24. As a direct, proximate and foreseeable result of the acts and omissions of the defendants and each of them, as alleged herein, the Decedent, the Plaintiff and the Assignors sustained general and special damages as alleged herein above in an amount to be 5determined. Wherefore, plaintiff prays for relief as forth herein. THIRD CAUSE OF ACTION (False Personation) [Penal Code section 528.5] 25. Plaintiff realleges paragraphs 1 through 24 and incorporates the same herein. 26. On or about November 30, 2019, Defendant Herchen impersonated the Decedent by using an electronic device previously controlled by the Decedent for the purpose of accessing the Decedent's electronic mail account and in order to send an email purportedly from the Decedent to Defendant Herchen for the purpose of deceiving and defrauding the Plaintiff, the Assignors, the Decedent’s other family members and law enforcement into believing that the Decedent was alive and had disappeared at a place and in a time other than what had occurred. Defendant Herchen thereafter shared that email with the Plaintiff and with investigators and attorneys retained by the Decedent's family who were charged with locating the decedent. 27. Defendant Herchen had a duty to the Plaintiff and to the Decedent's family not interfere with any efforts by the Decedent’s family to have communication with her and once she was missing to locate her. Defendant Herchen breached this duty by intentionally impersonating the Decedent in order to deceive the Decedent's family into believing she had been unable to contact of her own accord and did not want to be found. 28. Defendant Herchen’s actions as described herein are the direct and proximate cause of damages to the Plaintiff and the Assignorso as described herein. 29. The acts and omissions by defendant Herchen as described herein constitute fraud, malice, oppression and were a conscious disregard for the rights of the Plaintiff, the Decedent’s family and others. An award of exemplary and punitive damages is warranted to punish the defendant and deter similar conduct. Wherefore, Plaintiff prays for judgment against defendants, and each of them, as 1. 2. 3. Dated: May 28, 2021 For For For For just follows: general damages; all special damages; loss of Decedent’s earnings and earning capacity; costs of suit herein; . An award of punitive damages against Harald Herchen; . Attorney Fees according to proof; . For such other and further relief ag the court may deem and proper. Todd K. Davis Attorney for plaintiffs Weichiao Ku and Pi-Lien Kuo. SUM-100 AMENDED SUMMONS (sold Pana Us0 DELA CORTE) (CITACION JUDICIAL) NOTICE TO DEFENDANT: {AVISO AL DEMANDADO): HARALD HERCHEN and DOES 1 through 40, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): WEICHIAO KU and PI-LIEN KUO; NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you lo file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case, There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca,gov/selfheip), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and properly may be taken without further warning from the court. There are other legal requirements. You may want to call an altorney right away. If you do not know an altorney, you may want to call an atlorney referral service, If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.fawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory len for waived fees and costs on any settlement or arbitration award of $40,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. iAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea fa informacion a continuacion. Tiene 30 DIAS DE CALENDARIO después de que le entrequen esta citacion y papeles legales para presenter una respuesta por escrito en esta corte y hacer que se entreque una copia al demandante. Una carta 0 una llamada telefénica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de Ia corte y mas informacién en ei Centro de Ayuda de jas Cortes de California (www.sucore.ca.gov), en la biblioteca de leyes de su condado o en /a corte que le quede mas cerca. Si no puede pagar la cuota de presentacién, pide al secretario de ia corte que le dé un formulario de exencién de pago de cuotas. Sino presente su respuesta a tiempo, puede perder el caso por incumplimianto y la corte le podré quitar su sueido, dinero y bienes sin mas advertencia. Hay otros requisites legales. Fs recomendable que ilame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legates gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar astos grupos sin fines de lucro en el sitio web de California Legal Services, {www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con ia corte o ef colegio de abogados locales. AVISO; Por ley, la corte tiene derecho a reclamar las cuotas y los costos exenios por imponer un gravamen sobre cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo o una concesién de erbitraje en un caso de derecho civil, Tiene que pagar ef gravamen de la corte antes de que fa corte pueda desechar el caso. The name and address of the court is: CASE NUMBER: (EI nombre y direccién de la corte es): {Namero del Caso): UPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 21CV376210 191 North First Street, San Jose, California, CA 95113 The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: EI bre, la direccié f na 16 de! abogado del d dante, o def de dante tie ibogad: : FORDE DAVIS” ar Fees ee LLCS Bax Ro. ie 399-0396 FARLING, HECHT & DAVIS LL! Phone No.: (408) 295-6100 28 North Third Street #660, San Jose, CA 95112 ATE: Clerk, by , Deputy (Fecha) (Secretario} (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-070).) {Para prueba de entrega de esta citation use ef formularia Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served (SEAL 1. L__] as an individual defendant. 2. as the person sued under the fictitious name of (specify): 3. ‘on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.80 (minor) [7] CCP 416.20 (defunct corporation) [_] CCP 416.70 (conservatee) [_] CCP 416.40 (association or partnership) [—] CCP 416.90 (authorized person) __ (_] other (specify): 4. by personal delivery on (date): Page tof 4 Form Adopted for Mandatory Use SUMMONS Code of Civil Procedure §§ 412.20, 466 Judicial Counc of California gy courtptaca gov SUM-100 [Rev. July 1, 2009} LexisNexis® Automated Caltfornia Judicial Council FormsKu v. Herchen Santa Clara County Case No.: 21CV376210 PROOF OF SERVICE BY ELECTRONIC MAIL (E-MAIL) ONLY lam a citizen of the United States. My business address is 96 North Third Street, Suite 660, San Jose, CA 95112. | am employed in the County of Santa Clara, where this mailing occurs. | am over the age of 18 years, and not a party to the within cause. My electronic service address is: maryben@fhdilp.com. | electronically served today the attached document(s) described as: AMENDED SUMMONS AND FIRST AMENDED COMPLAINT to the following addresses: Andrew G. Watters, Esquire Louis F. Doyle, Esquire 555 Twin Dolphin Drive #300 P.O. Box 360 Redwood City, California 94065 San Martin CA 95046 (415) 261-8527 408-686-1007 andrew@andrewwatters.com Fax: 408-686-1202 \fdoyle@garlic.com Andrew G. Watters, Esquire 118 South Boulevard San Mateo CA 94402 (415) 261-8527 andrew@andrewwatters.com SERVICE BY ELECTRONIC TRANSMISSION ONLY: Service has been performed by e- mailing the document(s) to the persons at the e-mail addresses listed above. During the Coronavirus (Covid-19) pandemic, this office may be using electronic mail for service of documents. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 8, 2021, at San Jose, California. SL Ligticn Xs 2, SBE Maryben Stover PROOF OF SERVICE