Preview
Be
Petition for Writ (Misdemeanor, Clerk stamps date here when form is filed.
Infraction, or Limited Civil Case)
Debbie Alice Thompson
Petitioner
(fil in the name of the person asking for the writ)
v.
F ILE
DEC 23 2021
Clerk of the Court
Superior Court of CA ity of Santa Clara
BY. EPUTY
Superior Court of California, County of Santa Clara
R. ARAI
Erik L Johnson. Commissioner Clerk will fill in the number below:
Respondent Appellate Division Case Number:
(fil in the name of the court whose action or ruling you are challenging)
121A P002770
B& B Capital, LLC
Real Party in Interest y | Stay requested
(fill in the name of any other parties in the trial court case)
(see item (Bc. on page 6)
Instructions
. This form is only for requesting a writ in a misdemeanor, infraction, or limited civil case, or a writ challenging a
postjudgment enforcement order in a small claims case (see below*).
Do not use this form for other writs and for appeals. You can get forms to use for those at any courthouse or county aw
library or online at www.courts.ca.gov/forms.
Before you fill out this form, read /nformation on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil
Cases (form APP-150-INFO) to know your rights and responsibilities. You can get form APP-150-INFO at any
courthouse or county law library or online at www.courts.ca.gov/forms.
Unless a special statute sets an earlier deadline, you should file this form no later than 30 days after the date the trial
court took the action or issued the ruling you are challenging in this petition (see form APP-150-INFO, page 7, for more
information about the deadline for filing a writ petition). It is your responsibility to find out if a special statute sets an
earlier deadline. If your petition is filed late, the appellate division may deny it.
Fill out this form and make a copy of the completed form for your records and for the respondent (the trial court whose
action or ruling you are challenging) and cach of the real parties in interest (the other party or parties in the trial court
case).
Serve a copy of the completed form on the respondent and on each real party in interest and keep proof of this service.
Proof
of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form
APP-109E) can be used to make this record. You can get information about how to serve court papers and proof of
service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at
www.courts.ca. gov/selfhelp-serving.htm.
Take or mail the completed form and your proof of service on the respondent and each real party in interest to the
clerk's office for the appellate division of the superior court that took the action or issued the ruling you are challenging
Small Claims cases. If you are a party in a small claims case, this form is only to be used for requesting a writ relating
to a postjudgment enforcement order of a small claims division. For writs relating to other acts of a small claims
division, the form to use is the Petition for Writ (Small Claims) (form SC-300). See also Cal. Rules of Court, rules
8.970-8.977. For writs relating to acts ofa superior court in a small claims appeal, see Cal. Rules of Court, rules 8.485~
8.493
Judicial Council of Calfornia, www courts ca.gov APP-151, Page 1 of7
Revised January 1, 2017, Optional Form Petition for Writ
California Rules of Court, tules 8 930-8.936 (Misdemeanor, infraction, or Limited Civil Case) >
Appellate Division Appellate Division Case Number:
Case Name: Thompson v Superior Court -21AP002770
@) Your Information
a. Petitioner (the party who is asking for the writ):
Name: Debbie Alice Thompson
Street address: 18285 Constitution Avenue Monte Sereno CA 95030
Street City State Zip
Mailing address (if different):
Street City State Zp
Phone: E-mail:
Petitioner’s lawyer (skip this if the petitioner does not have a lawyer for this petition):
Name: None-Pro Per State Bar number:
Street address.
Street City State Zp
Mailing address (if different):
Street City State Zip
Phone: E-mail:
Fax:
The Trial Court Action or Ruling You Are Challenging
(2) lam/My client is filing this petition to challenge an action taken or ruling made by the trial court in the following
case
a. Case name (fill in the trial court case name): B&B Capital, LLC v Thompson
b. Case number (fill in the trial court case number): 21CV387401
The trial court action or ruling I am/my client is challenging is (describe the action taken or ruling made by the
trial court): Trial court referenced the requirement that Petitioner ANSWER the complaint. Trial court
is required to refrain from even mentioning the word ANSWER in the ruling in favor of the appropriate
term: RESPOND under Butenschoen v. Flaker (2017) 16 Cal. App. 5th . Supp 10
@ The trial court took this action or made this ruling on the following date (fill in the date); _ 12/01/2021
If you are filing this petition more than 30 days after the date that you listed in@, explain the extraordinary
circumstances that caused the delay in filing this petition:
Revised January 1, 2017 APP-151, Page 2 of 7
Petition for Writ
(Misdemeanor, Infraction, or Limited Civil Case) =
Appellate Division Appellate Division 00 SPF 9
Case Name: Thompson v Superior Court
The Parties in the Trial Court Case
© I/My client (check and fill in a or b):
al¥ was a party in the case identified in(2) .
6 Oo was not a party in the case identified in (2) but will be directly and negatively affected in the following way
by the action taken or ruling made by the trial court (describe how you/your client will be directly and
negatively affected by the trial court's action or ruling):
The other party or parties in the case identified in ® was/were (fill in the names of the parties):
B& B.Canital LLC
Appeals or Other Petitions for Writs in This Case
Did you or anyone else file an appeal about the same trial court action or ruling you are challenging in this petition?
(Check and fill in a or 6):
aly No
b. Yes = (fillin the appellate division case number of the appeal).
Have you filed a previous petition for a writ challenging this trial court action or ruling? (Check and fill in a or b):
aly} No
b Yes (Please provide the following information about this previous petition).
(1) Petition title (fill in the title of the petition):
(2) Date petition filed (fill in the date you filed this petition):
(3) Case number (fill in the case number of the petition):
If you/your client filed more than one previous petition, attach another page providing this information
for each
additional petition. At the top of each page, write “APP-151, item 9.”)
Reasons for This Petition
The trial court made the following legal error or errors when it took the action or made the ruling described in@)
(check and fill in at least one):
a. The trial court has not done or has refused to do something that the law says it must do
(1) Describe what you believe the law says the trial court must do:
(2) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the trial court must do this:
Revised January 1, 2017 APP-151, Page 3 of 7
Petition for Writ
(Misdemeanor, Infraction, or Limited Civil Case) >
Appellate Division Appellate Division Case Number:
Case Name: Thompson v Superior Court 2iAPpO002770
(continued)
(3) Identify where in the supporting documents (the record of what was said in the trial court and the
documents from the trial court) it shows that the court did not do or refused to do this:
C1 Check here if you need more space to describe the reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “APP-151, item 10a.’
bl The trial court has done something that the law says the court cannot or must not do.
court did: Trial court referenced the term ANSWER in it's ruling denying
Q) Describe what the trial c
the motion to quash. Trial court must not even innocently reference an ANSWER to the
complaint as it creates an ambiguity in the clerk's office which is unnecessary.
Q) Identify where in the supporting documents (the record of what was said in the trial court and the
documents from the trial court) it shows that the court did this: order denying motioin to quash
GB) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the trial court cannot or must not do this:
Butenschoen v. Flaker (2017) 16 Cal. App. Sth . Supp 10, CCP 1167.4, CCP 1170
1 Check here if you need more space to describe the reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “APP-151, item 10b.”
The trial court has performed or said it is going to perform a judicial function (like deciding a person’s
rights under law in a particular situation) in a way the court does not have the legal power to do.
(1) Describe what the trial court did or said it is going to do:
(2) Identify where in the supporting documents (the record of what was said in the trial court and the
documents from the trial court) it shows that the court did or said it was going to do this:
Revised January 1, 2017 Petition for Writ APP-151, Page 4 of7
(Misdemeanor, Infraction, or Limited Civil Case) 2
Appellate Division Appellate Division Case Ni
Case Name: Thompson v Superior Court 21AP002 To
(continued)
(3) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the trial court does not have the power to do this:
0 Check here if you need more space to describe this reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “APP-151, item 10c.”
0 Check here if there are more reasons for this petition and attach an additional page or pages describing
these reasons. At the top of each page, write “APP-151, item 10d.”
This petition will be granted only if there is no other adequate way to address the trial court’s action or ruling other
than by issuing the requested writ.
a, Explain why there is no way other than through this petition for a writ—through an appeal, for example—for
your arguments to be adequately presented to the appellate division:
CCP 418 10(c) requires this writ:
b. Explain how you/your client will be irreparably harmed if the appellate division does not issue the writ you are
requesting:
Order You Are Asking the Appellate Division to Make
I request that this court (check and fill in all that apply):
a. Y order the trial court to do the following (describe what, if anything, you want the trial court to be ordered
to do):
Vacate the ruling of Commissioner Johnson: reassign the motion to quash to a different_judge
b order the trial court not to do the following (describe what, if anything, you want the trial court to be
ordered NOT to do):
Revised January 1, 2017
Petition for Writ APP-151, Page 5 of7
(Misdemeanor, Infraction, or Limited Civil Case) >
Appellate Division Appellate Division Case Number:
Thompson v Superior Court
Case Name: 21AP002770
(2) (continued)
c.|\/| issue a stay ordering the trial court not to take any further action in this case until this court decides whether
to grant or deny this petition (describe below why it is urgent that the trial court not take any further action
and check the Stay requested box on page | of this form):
The trial court clerks will enter default on the request of Plaintiff because they are untrained and
unsupervised, and fear taking any action that appears to be contrary to the illegal order at issue.
I/My client:
(1) (1 asked the trial court to stay these proceedings, but the trial court denied this request (include in your
supporting documents a copy of the trial court’s order denying your request fora stay).
(2) v did not ask the trial court to stay these proceedings for the following reasons (describe below why you
did not ask the trial court to stay these proceedings):
Not present to make request, having submitted on the papers under Rule 3.1304(c)
d take other action (describe):
e. (1 grant any additional relief that the appellate division decides is fair and appropriate.
Supporting Documents
@) Is a record of what was said in the trial court about the action or ruling you are challenging attached as required by
rule 8.931(b)(1)(D) of the California Rules of Court?
a. [) Yes, a transcript or an official electronic recording of what was said in the trial court is attached.
b. v No, a transcript or official electronic recording is not attached, but I have attached a declaration (a statement
signed under penalty of perjury) (Check (1) or (2):
() stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is
expected to be filed.
(2) v explaining why the transcript or official electronic recording is not available and providing a fair
summary of what was said in the trial court, including the petitioner’s arguments and any statement by
the trial court supporting its ruling,
Revised January 1, 2017 Petition for Writ APP-151, Page 6 of 7
(Misdemeanor, Infraction, or Limited Civil Case) =
Appellate Division Appellate Division Case Number:
Case Name: Thompson v Superior Court ‘21AP002770
Are the following documents attached as required by rule 8.931(b)(1)(A)}-(C):
. The trial court ruling being challenged in this petition
. All documents and exhibits submitted to the trial court supporting and opposing the petitioner's position
. Any other documents or portions of documents submitted to the trial court that are necessary for a complete
understanding of the case and the ruling being challenged? (Check a or b):
. || Yes, these documents are attached.
No, these documents are not attached for the following reasons (explain why these documents are not
attached and give a fair summary of the substance of these documents, Note that rule 8.931 provides that, in
extraordinary circumstances, the petition may be filed without these documents, but the petitioner must
explain the urgency and the circumstances making the documents unavailable):
Verification
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 12/21/2021
Debbie Alice Thompson
Type or print your name gna petitioher or attorney
Revised January 1, 2017
Petition for Writ APP-151, Page 7 of7
(Misdemeanor, Infraction, or Limited Civil Case)
MC-025
SHORT TITLE: CASE NUMBER:
| Thompson v Superior Court “21AP002770
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
I, Debbie Alice Thompson, state:
I was not present at the hearing on the motion to quash having submitted on the papers under California Rules
of Court, Rule 3.1304(c).
I have requested a transcript of the motion to quash hearing, but the clerks are unable to identify when it might
be ready.
I noticed my non-stipulation to the Commissioner, but the Commissioner heard the matter regardless. Part of
the Commissioner's denial was my non-appearance, which is noted in the minute order.
There was no waiver of notice of ruling.
The trial court denied my motion to quash and ordered that | ANSWER the complaint. This is an incorrect
ruling because I am constitutionally permitted to file a demurrer in RESPONSE to the complaint. The trial
court's reference of ANSWER isa legal term of art that has specific legal effect. ANSWER and RESPONSE
are not interchangeable.
The appropriate response under Butenschoen is "Respond within 5 days."
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct. Executed on December 21, 2021 at Monte Sereno, California.
yy
| rt
Debbie’ Alice Thompson, Declarant
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page [ of
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use ATTACHMENT wuw.courtinfo.ca.gov
Judicial Council of California
MC-025 [Rev. July1, 2009] to Judicial Council Form
ATTACHED to PETITION
Documents Provided
1) Plaintiff's application and order to serve summons by posting for Unlawful
Detainer.
2) Declaration of Reasonable Diligence by Michael Mathews .
3) Summons file 8/26/2021
4) Complaint for Unlawful Detainer
Attached:
Exhibit “1” “Trustee’s Deed Upon Sale”
Exhibit “2” -Three Day/Ninety Day Notice
Exhibit “3” Declaration of Service to Tenant by
Thomas Bowman Jr
Proof of Service by mail
5) Prejudgment claim of Right to possession
6) Plaintiff's Mandatory cover sheet
7) Civil Case Cover Sheet
8) DEFENDANT’S Notice of Motion and Motion to Quash Service with
Declaration by Defendant
Attached Exhibits:
“A” Copy of Plaintiffs Application and Order to serve
summons by posting.
“B” Declaration of reasonable diligence by Michael Mathews
“C” Photocopy of brown envelopes with wrong address
9) Plaintiff's Opposition to Defendant’s Motion to Quash Service
10) Defendant’s REPLY to Plaintiff's Opposition
11) Proposed Order and Signed Order of denial of motion to Quash.
12) PROOF OF SERVICE FOR THE PETITION
[ NARE, ADGRESS ANS TELEPHONE
NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE
BAR NUMBER ‘Reserved
for Clas Fis Samp
man Mobas: Esq
Law Offices ioman Mobasser, APLC 251426
18: 5 Vent wd. , Suite 342
Tarzana
42. 24 02s Fax: 818-774-0715
ATTORNEY FOR (Name): Plait ££
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
COURTHOUSE ADDRESS:
13a % St San Jose, CA 95113
BLAINT
BaB Capital LLC
DEFENOANT:
Debbie Alice Thompson
APPLICATION AND ORDER TO SERVE SUMMONS BY POSTING | ===
FOR UNLAWFUL DETAINER LCV387402
‘am the [| plaintiff [YJ plaintiffs attomey. ( other (specify):
| apply for an order pursuant to Code of Civil Procedure section 415.45 to permit service by posting of the
summons and compiaint on defendant(s). Specify name(s): Debbie Alice Thompson and All Umamed
Occupants
The complaint seeks possession of property location at: 38285 Constitution Ave, Monte Sereno, CA 95030
— . The property
is residential commercial.
The notice to quit, or pay rent or quit, was served by: [[] personal service [_] substituted service
(J posting and mailing (7 other (specify):
At least three attempis to serve in a manner specified in Code of Civil Procedure, Article 3, (other than
posting or publication) are required. List attempts to serve, if made by declarant, or attach declaration(s) of
process server(s) stating attempts to locate and serve the defendants. If service not made, please explain.
T
LDATE [TIME |
L REASON SERVICE COULD NOT BE MADE/REMARKS
SSE ATTACHED DECLARATIONS
(Yj Deciaration(s) of process server stating atiempts to locate and serve the defendant(s) is attached and
incorporated into this application by reference
LAGIV 107 (Rev, 01/07) APPLICATION AND ORDER TO SERVE SUMMONS Code Civ. Proc., § 415.45
LASC Approved 10-03 BY POSTING FOR UNLAWFUL DETAINER Page
1 of 2
| Short Title Case Number
| B&B Capita. ‘Thompson 21CV387401
Service (J has has not been attempted during reguiar business hours at the place(s) of employment of
the defendant(s). If not, state reason: the place(s) of employment of the defendant(s) is not known.
(Other (specify):
Service [¥| has [_] has not been attempted at the “residence” of the defendant(s). If not, state reasons: [7]
The place of residence of the defendant(s) is not known.
(5 Other (specify):
8& Other:
Did the plaintiff pay for help from a registered unlawiul detainer assistant (Bus. and Prof. Code, §§ 6400-
5415) who helped prepare this form? (Yes [¥] No tfyes, complete the following information:
Name of Unlawful Detainer Assistant: ; Telephone Number: ( )
Address (Mailing address, city and Zip code):
Registration # ; County of Registration:
i declare under penaity of perjury under the laws of the State of California, that the foregoing is true and
correct.
DATE TYPE OF PRINT DECLARANT’S NAME DECLARANT SIGNATURE
|
10-22-22 Homan Mobasser, Esq.
FINDINGS AND ORDER
THE COURT FINDS:
The defendant(s) named in the application cannot with reasonable diligence be served in any manner
specified in Code of Civil Procedure, Article 3.
(a) A cause of action exists against the defendant(s) named in the application; and/or (b) defendant(s)
named in the application has or claims an interest in real property in California that is subject to the
jurisdiction of the court; and/or (c) the relief demanded in the complaint consists wholly or partially in
excluding the defendant(s) from any interest in the property.
THE COURT ORDERS:
The defendant(s) named in the application may be served by posting a copy of the summons and complaint
on the premises in a manner most likely to give actual notice to the defendant(s), and by immediately
mailing, by certified mail, a copy of the summons and complaint to the defendant(s) at his/her last known
address.
Dated:
Judicial Officer Div/Dept.
LACIY 107 (Rev. 01/07) APPLICATION AND ORDER TO SERVE SUMMONS Code Civ, Proc., § 415.45
LASC Approved 10-03 BY POSTING FOR UNLAWFUL DETAINER Page
2 of 2
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY
Homan Mobasser SBN 251426 (424) 244-0026
Law office of Homan Mobasser
18375 Ventura Bivd. Suite 342
Tarzana, CA 91356
ATTORNEY FOR Defendant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA- CENTRAL (EFILING)
194 N First St.
San Jose, CA95113
SHORT TILE OF CASE:
THOMPSON, DEBBIE ALICE
DATE TIE DEP/DIV CASE NUMBER:
210V387401
Declaration of Reasonable Diligence Raf. No. or File No:
000
Person to Serve: DEBBIE ALICE THOMPSON
Documents summons and compiaint ; Plaintiff's Mandatory Cover Sheet and Supplemental Allegations - Unlawful
Received: Detainer; Civil Case Cover Sheet
| declare the following attempts were made to effect personal service, no other residence or business address is known to me:
Oct 07 2021 07:30 AM 18285 Constitution Ave, Monte Sereno, CA 95030; There is no answer at residence address.
Oct 09 2021 10:45 AM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address.
Oct 122021 6244 PM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address. Package at
entrance for Debbie Thompsson
Oct 15 2024 07:30 PM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address.
Oct 18 2021 05:15 PM 18285 Constitution Ave, Monte Sereno, CA 95030; There is no answer at residence address.
Person attempting service;
a. Name: Michael Matthews
b, Address: 5437 Laurei Canyon Bivd. Suite 112, Valley Village, CA
91607
¢. Telephone numbar: 888-962-9696
d. The fee for this service was: 85.00
e. fam an independent contractor:
i deciare under penalty
of perjury under the laws of the State of California that the foregoing is true and correct.
of
OE
CXS
MES cn =
oe
A Country e° Process Michael Watthews Date: 10/22/2021
Declaration of Reasonable Diligence Invoice #; $032270-01
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY
Homan Mobasser SBN 251426 (424) 244-0026
Law office of Homan Mobasser
18375 Ventura Bivd. Suite 342
Tarzana, CA 91356
ATTORNEY FOR Defendant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTACLARA- CENTRAL (EFILING)
91 N First St.
San Jose, CA95113
SHORT TILE OF CASE
THOMPSON, DEBBIE ALICE
DATE: TE: DEPJON. CASE NUMBER:
21CV387401
Declaration of Reasonable Diligence Ref. No. or File No:
0000
Person to Serve: All Unnamed Occupants
Documents summons and complaint ; Plainttif's Mandatory Cover Sheet and Supplemental Allegations - Uniawful
Received: Detainer; Civil Case Cover Sheet
i declare the following attempts were made to affect personal sence, no other residence or business address is known to me:
Oct 07 2021 0730 AM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address
Oct 09 2021 10:45 AM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address,
Oct 12 2021 0214 PM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address. Package at
entrance for Debbie Thompsson
Oct 15 2021 07:30 PM 18265 Constitution Ave, Monte Sereno, CA 95030; There is no answer at residence address.
Oct 18 2021 0515 PM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer atresidence address.
Person attempting service:
a. Name: Michael Matthews
b. Address: 5437 Laurel Canyon Bivd. Sulte 112, Valley Village, CA
81607
¢c. Telephone number: 888-962-9696
d. The fee for this senice was: 65.00
e. iam an independent contractor:
i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Lb
wher
CE
{(
VE
Lo
PoMM Ce
:
oe
YY country wid Provoss Michael Matthews Date: 10/22/2024
Declaration of Reasonable Diligence Invoice #: §032270-02
SUMMONS FOR COURT USE ORLY
SUM-190
(SOLO PARA USO DE LA CORTE)
(CITACION JUDICIAL)
UNLAWFUL DETAINER—EVICTION --FILED
(RETENCION ILICITA DE UN INMUEBLE—DESALOJO) 26/2021 11:11 PM
Cierk of Court
NOTICE TO DEFENDANT: Superior Court of CA,
(AVISO AL DEMANDADO):
County of Santa Ciara
DEBBIE ALICE THOMPSON; Does1 to 10, inclusive
210V387401
YOU ARE BEING SUED BY PLAINTIFF: Reviewed By: Desiree Alfaro
(LO ESTA DEMANDANDO EL DEMANDANTE):
B&B CAPITAL, LLC
Envelope: 7150249
NOTICE! You have been sued. The court may decide against jAViSO! Usted ha sido demandado. Si no responde dentro de §
you without your being heard unless you respond within 5 days. dias, @/ tribunal puede emitir un falio en su contra sin una
You have 5 DAYS, not counting Saturdays and Sundays and audiencia. Una vez que le entreguen esta citaci6n y papeles
other judiciai holidays, after this summons and iegal papers are legales, solo tiene 5 DIAS, sin contar s4bado y domingo y otros
served on you to file a written response at this court and have a dias feriados dei tribunal, para presentar una respuesta por
copy served on the plaintiff. escrito en este tribunal y hacer que se entregue una copia ai
demandante.
A letter or phone call will not protect you. Your written response Una carta 0 una ilamada telefénica no to protege. Su respuesta
must be in proper legal form if you want the court to hear your por escrito tiene que estar en formato legal correcta si desea que
cass. There may be a court form that you can use for your procesen su caso en ja corte. Es posible que haya un formulario
response. You can fing these court forms and more information que usted pueda usar para su respuesta. Puede encontrar estos
ai the California Courts Ontine Self-Help Center formularios ae ta corte y mds informacidn en ei Ceniro de Ayuda
(www.courts.ca.gov/selthelp), your county law library, or the de tas Cortes de California (www.sucorte.ca.gov), en la biblioteca
courthouse nearest you. If you do not fite your response on de leyes de su condado o en ja carte que fe quede mas cerca. Si
time, you may lose the case by default, and your wages, NO presenta su respuesta a tiempo, puede perder e! caso por falta
money, and property may be taken without further warning from de comparecencia y sé le pooré quitar su sueido, dinero y bienes |
|
the court. sin mas advertencia.
| There are other legal requirements. You may want to call an Hay otros requisites iegaies. Es recomendable que jiame aun
attorney right away. if you do not know an attorney, you may abogado inmediatamente. Si no conoce a un abogado, puede
want to Cail an attorney referral service. If you cannot afford an lamara un servicio de remisién a abogados. Si no puede pagar a
attorney, you may be eiigible for free legal services from a un abogado, es posible que cumpia con ios requisitos para
nonproiit legal services program. You can locate these obtener servicios legales gratuilos de un programa de servicios
nonprofit groups at the Califarnia Legal Services website Jegales sin fines de iucro. Puede encontrar estos grupos sin fines
(www.lawheipca.org), the California Courts Ontine Self-Help de lucro en el sitio web de California Legai Services,
Center {www.courts.ca.gov/selthelp), or by contacting your (uww.lawhelpcatifornia.org), en et Centro de Ayuda de las Cortes
jocal court or county bar association. de California, (www.sucorts.ca.gov) 0 poniéndese @n contacto
con fa corte o ef colegio de abogados focal.
en
FEE WAIVER: If you cannot pay the filing fee, ask the clerk for EXENCION DE CUOTAS: Si no puede pagar fa cuota de
a fee waiver form. NOTE: The court has a statutory lien for presentaci6n, pida al secretario de la corte que le dé un formulario
waived fees and costs on any settlement or arbitration award of de exencién de pago de cuotas. AVISO: Por ley, la corte tiene
$10,000 or more in a civil case. The caurt’s lien must be paid derecho a reciamar las cuotas y los costos exentos con un
betore the court will dismiss the case. gfavamen sobre cualquier cantidad de $10,000 6 mas recibida
mediante un acuerdo o una concesién de arbitraje en un caso de
derecho civil. Tiene que pagar el gravamen de fa corte antes de
que ja corte pueda desestimar a! caso.
‘The name and address of the court is: CASE NUMBER (ndimero de! caso}:
210V387401
§(EI i nombre y direccion de ja corte es):
superior Court of California - County of Santa Clara
191 N. First Street, San Jose, CA 95113
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (E/ sombre, ja direccién y ef
numero de teiéfono de! abogado del demandante, o de! demandante que no tiene abogado, es):
Law Offices of Homan Mobasser, APLC, 18375 Ventura Biva., #342, Tarzana, CA 91356; 424-244-0026
Page 1 of?
Form Adopted lor Mandatory Uso SUMMONS-—-UNLAWFUL DETAINER—EVICTION ‘Cage
of Civil Procedure, $6 612.20, 415.458, 1187
Sune of Cairn ww courts. f? Legl cd
Taofen Meyer, Vice President
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
Cor unty ofSi mento
On, AyFi oy (_ before me, Marsha Townsend, Notary Public, personally appeared Lauren Meyer who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the same in hissherftheir authorized capacity(ies), and that by
his/hedthelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
\ certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph js true and
correct.
WITNESS my hand and official sea!. es TOWNSEND
Gon # 2255348 3
Y dle Jpn aster Fy, See an
Exhibit “2”
THREE DAY/NINETY DAY NOTICE TO QUIT AND DELIVER POSSESSION
To: DEBBIE ALICE THOMPSON
AND ALL PERSONS IN POS SESSION of the premises located at:
18285 Constitution Ave.
Monte Serene, CA 95030
NOTICE IS HEREBY GIVEN that
(1) within Three (3) days after service on you of this Notice, in the event you are the Trustor of the
Deed of Trust described below, the owner of the premises, or the successor in interest,
(ii ) within Ninety (90) days after service on you of this Notice, in the event you are subtenant or an
other occupant of the above-described premises,
You are required to quit and deliver up possession of the premises to the undersigned or to a
servicing agent, who is authorized to receive the same, or the undersigned will institute legal proceedings
against you to recover possession of said premises and for rents or damages as provided by law.
You are required to quit and deliver up possession of said premises for the reason that they have
been duly sold to the undersigned in accordance with Section 2924 of the Civil Code of the State of
Califomia on April 28, 2021 under the power of the sale contained in a Deed of Trust executed by you or
your predecessors in interest and recorded in the official records, SANTA CLARA County, California. The
title under sale has been duly perfected.
This Notice to you is given pursuant to the provisions of Section 1161a(b)(3) of the Code of Civil
Procedure of the State of California.
You should talk to a lawyer NOW to see what your rights are. You may receive court papers in a
few days. If your name is on the papers it may hurt your credit if you do not respond and simply move out.
Also, if you do not respond within five days of receiving the papers, even if you are not named in the
apers, you will likely lose any rights you may have. In some cases, you can respond without hurting your
credit. You should ask a lawyer about it.
You may have the right to stay in your home for longer than 90 days. If you have a lease that ends
more than 90 days from now, the new owner must honor the lease under many circumstances. Also, in
some cases and in some cities with a “just cause for eviction law,” you may not have to move at all. But you
must take the proper legal steps in order to protect your rights.
How to GET LEGAL HELP
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. lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gow/selfhelp), or by contacting your local court or county bar association.
If you are an active duty member of the United States Armed Forces or a dependent of an active duty
service member, you may be entitled to rights as provided in the Service members Civil Relief Act. In such
Case, you or your attorney should contact this law firm and provide proof of military service immediately so
that t
Preview
Be Petition for Writ (Misdemeanor, Clerk stamps date here when form is filed. Infraction, or Limited Civil Case) Debbie Alice Thompson Petitioner (fil in the name of the person asking for the writ) v. F ILE DEC 23 2021 Clerk of the Court Superior Court of CA ity of Santa Clara BY. EPUTY Superior Court of California, County of Santa Clara R. ARAI Erik L Johnson. Commissioner Clerk will fill in the number below: Respondent Appellate Division Case Number: (fil in the name of the court whose action or ruling you are challenging) 121A P002770 B& B Capital, LLC Real Party in Interest y | Stay requested (fill in the name of any other parties in the trial court case) (see item (Bc. on page 6) Instructions . This form is only for requesting a writ in a misdemeanor, infraction, or limited civil case, or a writ challenging a postjudgment enforcement order in a small claims case (see below*). Do not use this form for other writs and for appeals. You can get forms to use for those at any courthouse or county aw library or online at www.courts.ca.gov/forms. Before you fill out this form, read /nformation on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases (form APP-150-INFO) to know your rights and responsibilities. You can get form APP-150-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. Unless a special statute sets an earlier deadline, you should file this form no later than 30 days after the date the trial court took the action or issued the ruling you are challenging in this petition (see form APP-150-INFO, page 7, for more information about the deadline for filing a writ petition). It is your responsibility to find out if a special statute sets an earlier deadline. If your petition is filed late, the appellate division may deny it. Fill out this form and make a copy of the completed form for your records and for the respondent (the trial court whose action or ruling you are challenging) and cach of the real parties in interest (the other party or parties in the trial court case). Serve a copy of the completed form on the respondent and on each real party in interest and keep proof of this service. Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E) can be used to make this record. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca. gov/selfhelp-serving.htm. Take or mail the completed form and your proof of service on the respondent and each real party in interest to the clerk's office for the appellate division of the superior court that took the action or issued the ruling you are challenging Small Claims cases. If you are a party in a small claims case, this form is only to be used for requesting a writ relating to a postjudgment enforcement order of a small claims division. For writs relating to other acts of a small claims division, the form to use is the Petition for Writ (Small Claims) (form SC-300). See also Cal. Rules of Court, rules 8.970-8.977. For writs relating to acts ofa superior court in a small claims appeal, see Cal. Rules of Court, rules 8.485~ 8.493 Judicial Council of Calfornia, www courts ca.gov APP-151, Page 1 of7 Revised January 1, 2017, Optional Form Petition for Writ California Rules of Court, tules 8 930-8.936 (Misdemeanor, infraction, or Limited Civil Case) > Appellate Division Appellate Division Case Number: Case Name: Thompson v Superior Court -21AP002770 @) Your Information a. Petitioner (the party who is asking for the writ): Name: Debbie Alice Thompson Street address: 18285 Constitution Avenue Monte Sereno CA 95030 Street City State Zip Mailing address (if different): Street City State Zp Phone: E-mail: Petitioner’s lawyer (skip this if the petitioner does not have a lawyer for this petition): Name: None-Pro Per State Bar number: Street address. Street City State Zp Mailing address (if different): Street City State Zip Phone: E-mail: Fax: The Trial Court Action or Ruling You Are Challenging (2) lam/My client is filing this petition to challenge an action taken or ruling made by the trial court in the following case a. Case name (fill in the trial court case name): B&B Capital, LLC v Thompson b. Case number (fill in the trial court case number): 21CV387401 The trial court action or ruling I am/my client is challenging is (describe the action taken or ruling made by the trial court): Trial court referenced the requirement that Petitioner ANSWER the complaint. Trial court is required to refrain from even mentioning the word ANSWER in the ruling in favor of the appropriate term: RESPOND under Butenschoen v. Flaker (2017) 16 Cal. App. 5th . Supp 10 @ The trial court took this action or made this ruling on the following date (fill in the date); _ 12/01/2021 If you are filing this petition more than 30 days after the date that you listed in@, explain the extraordinary circumstances that caused the delay in filing this petition: Revised January 1, 2017 APP-151, Page 2 of 7 Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) = Appellate Division Appellate Division 00 SPF 9 Case Name: Thompson v Superior Court The Parties in the Trial Court Case © I/My client (check and fill in a or b): al¥ was a party in the case identified in(2) . 6 Oo was not a party in the case identified in (2) but will be directly and negatively affected in the following way by the action taken or ruling made by the trial court (describe how you/your client will be directly and negatively affected by the trial court's action or ruling): The other party or parties in the case identified in ® was/were (fill in the names of the parties): B& B.Canital LLC Appeals or Other Petitions for Writs in This Case Did you or anyone else file an appeal about the same trial court action or ruling you are challenging in this petition? (Check and fill in a or 6): aly No b. Yes = (fillin the appellate division case number of the appeal). Have you filed a previous petition for a writ challenging this trial court action or ruling? (Check and fill in a or b): aly} No b Yes (Please provide the following information about this previous petition). (1) Petition title (fill in the title of the petition): (2) Date petition filed (fill in the date you filed this petition): (3) Case number (fill in the case number of the petition): If you/your client filed more than one previous petition, attach another page providing this information for each additional petition. At the top of each page, write “APP-151, item 9.”) Reasons for This Petition The trial court made the following legal error or errors when it took the action or made the ruling described in@) (check and fill in at least one): a. The trial court has not done or has refused to do something that the law says it must do (1) Describe what you believe the law says the trial court must do: (2) Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court must do this: Revised January 1, 2017 APP-151, Page 3 of 7 Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) > Appellate Division Appellate Division Case Number: Case Name: Thompson v Superior Court 2iAPpO002770 (continued) (3) Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did not do or refused to do this: C1 Check here if you need more space to describe the reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10a.’ bl The trial court has done something that the law says the court cannot or must not do. court did: Trial court referenced the term ANSWER in it's ruling denying Q) Describe what the trial c the motion to quash. Trial court must not even innocently reference an ANSWER to the complaint as it creates an ambiguity in the clerk's office which is unnecessary. Q) Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did this: order denying motioin to quash GB) Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court cannot or must not do this: Butenschoen v. Flaker (2017) 16 Cal. App. Sth . Supp 10, CCP 1167.4, CCP 1170 1 Check here if you need more space to describe the reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10b.” The trial court has performed or said it is going to perform a judicial function (like deciding a person’s rights under law in a particular situation) in a way the court does not have the legal power to do. (1) Describe what the trial court did or said it is going to do: (2) Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did or said it was going to do this: Revised January 1, 2017 Petition for Writ APP-151, Page 4 of7 (Misdemeanor, Infraction, or Limited Civil Case) 2 Appellate Division Appellate Division Case Ni Case Name: Thompson v Superior Court 21AP002 To (continued) (3) Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court does not have the power to do this: 0 Check here if you need more space to describe this reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10c.” 0 Check here if there are more reasons for this petition and attach an additional page or pages describing these reasons. At the top of each page, write “APP-151, item 10d.” This petition will be granted only if there is no other adequate way to address the trial court’s action or ruling other than by issuing the requested writ. a, Explain why there is no way other than through this petition for a writ—through an appeal, for example—for your arguments to be adequately presented to the appellate division: CCP 418 10(c) requires this writ: b. Explain how you/your client will be irreparably harmed if the appellate division does not issue the writ you are requesting: Order You Are Asking the Appellate Division to Make I request that this court (check and fill in all that apply): a. Y order the trial court to do the following (describe what, if anything, you want the trial court to be ordered to do): Vacate the ruling of Commissioner Johnson: reassign the motion to quash to a different_judge b order the trial court not to do the following (describe what, if anything, you want the trial court to be ordered NOT to do): Revised January 1, 2017 Petition for Writ APP-151, Page 5 of7 (Misdemeanor, Infraction, or Limited Civil Case) > Appellate Division Appellate Division Case Number: Thompson v Superior Court Case Name: 21AP002770 (2) (continued) c.|\/| issue a stay ordering the trial court not to take any further action in this case until this court decides whether to grant or deny this petition (describe below why it is urgent that the trial court not take any further action and check the Stay requested box on page | of this form): The trial court clerks will enter default on the request of Plaintiff because they are untrained and unsupervised, and fear taking any action that appears to be contrary to the illegal order at issue. I/My client: (1) (1 asked the trial court to stay these proceedings, but the trial court denied this request (include in your supporting documents a copy of the trial court’s order denying your request fora stay). (2) v did not ask the trial court to stay these proceedings for the following reasons (describe below why you did not ask the trial court to stay these proceedings): Not present to make request, having submitted on the papers under Rule 3.1304(c) d take other action (describe): e. (1 grant any additional relief that the appellate division decides is fair and appropriate. Supporting Documents @) Is a record of what was said in the trial court about the action or ruling you are challenging attached as required by rule 8.931(b)(1)(D) of the California Rules of Court? a. [) Yes, a transcript or an official electronic recording of what was said in the trial court is attached. b. v No, a transcript or official electronic recording is not attached, but I have attached a declaration (a statement signed under penalty of perjury) (Check (1) or (2): () stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is expected to be filed. (2) v explaining why the transcript or official electronic recording is not available and providing a fair summary of what was said in the trial court, including the petitioner’s arguments and any statement by the trial court supporting its ruling, Revised January 1, 2017 Petition for Writ APP-151, Page 6 of 7 (Misdemeanor, Infraction, or Limited Civil Case) = Appellate Division Appellate Division Case Number: Case Name: Thompson v Superior Court ‘21AP002770 Are the following documents attached as required by rule 8.931(b)(1)(A)}-(C): . The trial court ruling being challenged in this petition . All documents and exhibits submitted to the trial court supporting and opposing the petitioner's position . Any other documents or portions of documents submitted to the trial court that are necessary for a complete understanding of the case and the ruling being challenged? (Check a or b): . || Yes, these documents are attached. No, these documents are not attached for the following reasons (explain why these documents are not attached and give a fair summary of the substance of these documents, Note that rule 8.931 provides that, in extraordinary circumstances, the petition may be filed without these documents, but the petitioner must explain the urgency and the circumstances making the documents unavailable): Verification I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 12/21/2021 Debbie Alice Thompson Type or print your name gna petitioher or attorney Revised January 1, 2017 Petition for Writ APP-151, Page 7 of7 (Misdemeanor, Infraction, or Limited Civil Case) MC-025 SHORT TITLE: CASE NUMBER: | Thompson v Superior Court “21AP002770 ATTACHMENT (Number): (This Attachment may be used with any Judicial Council form.) I, Debbie Alice Thompson, state: I was not present at the hearing on the motion to quash having submitted on the papers under California Rules of Court, Rule 3.1304(c). I have requested a transcript of the motion to quash hearing, but the clerks are unable to identify when it might be ready. I noticed my non-stipulation to the Commissioner, but the Commissioner heard the matter regardless. Part of the Commissioner's denial was my non-appearance, which is noted in the minute order. There was no waiver of notice of ruling. The trial court denied my motion to quash and ordered that | ANSWER the complaint. This is an incorrect ruling because I am constitutionally permitted to file a demurrer in RESPONSE to the complaint. The trial court's reference of ANSWER isa legal term of art that has specific legal effect. ANSWER and RESPONSE are not interchangeable. The appropriate response under Butenschoen is "Respond within 5 days." I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 21, 2021 at Monte Sereno, California. yy | rt Debbie’ Alice Thompson, Declarant (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page [ of Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT wuw.courtinfo.ca.gov Judicial Council of California MC-025 [Rev. July1, 2009] to Judicial Council Form ATTACHED to PETITION Documents Provided 1) Plaintiff's application and order to serve summons by posting for Unlawful Detainer. 2) Declaration of Reasonable Diligence by Michael Mathews . 3) Summons file 8/26/2021 4) Complaint for Unlawful Detainer Attached: Exhibit “1” “Trustee’s Deed Upon Sale” Exhibit “2” -Three Day/Ninety Day Notice Exhibit “3” Declaration of Service to Tenant by Thomas Bowman Jr Proof of Service by mail 5) Prejudgment claim of Right to possession 6) Plaintiff's Mandatory cover sheet 7) Civil Case Cover Sheet 8) DEFENDANT’S Notice of Motion and Motion to Quash Service with Declaration by Defendant Attached Exhibits: “A” Copy of Plaintiffs Application and Order to serve summons by posting. “B” Declaration of reasonable diligence by Michael Mathews “C” Photocopy of brown envelopes with wrong address 9) Plaintiff's Opposition to Defendant’s Motion to Quash Service 10) Defendant’s REPLY to Plaintiff's Opposition 11) Proposed Order and Signed Order of denial of motion to Quash. 12) PROOF OF SERVICE FOR THE PETITION [ NARE, ADGRESS ANS TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NUMBER ‘Reserved for Clas Fis Samp man Mobas: Esq Law Offices ioman Mobasser, APLC 251426 18: 5 Vent wd. , Suite 342 Tarzana 42. 24 02s Fax: 818-774-0715 ATTORNEY FOR (Name): Plait ££ SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA COURTHOUSE ADDRESS: 13a % St San Jose, CA 95113 BLAINT BaB Capital LLC DEFENOANT: Debbie Alice Thompson APPLICATION AND ORDER TO SERVE SUMMONS BY POSTING | === FOR UNLAWFUL DETAINER LCV387402 ‘am the [| plaintiff [YJ plaintiffs attomey. ( other (specify): | apply for an order pursuant to Code of Civil Procedure section 415.45 to permit service by posting of the summons and compiaint on defendant(s). Specify name(s): Debbie Alice Thompson and All Umamed Occupants The complaint seeks possession of property location at: 38285 Constitution Ave, Monte Sereno, CA 95030 — . The property is residential commercial. The notice to quit, or pay rent or quit, was served by: [[] personal service [_] substituted service (J posting and mailing (7 other (specify): At least three attempis to serve in a manner specified in Code of Civil Procedure, Article 3, (other than posting or publication) are required. List attempts to serve, if made by declarant, or attach declaration(s) of process server(s) stating attempts to locate and serve the defendants. If service not made, please explain. T LDATE [TIME | L REASON SERVICE COULD NOT BE MADE/REMARKS SSE ATTACHED DECLARATIONS (Yj Deciaration(s) of process server stating atiempts to locate and serve the defendant(s) is attached and incorporated into this application by reference LAGIV 107 (Rev, 01/07) APPLICATION AND ORDER TO SERVE SUMMONS Code Civ. Proc., § 415.45 LASC Approved 10-03 BY POSTING FOR UNLAWFUL DETAINER Page 1 of 2 | Short Title Case Number | B&B Capita. ‘Thompson 21CV387401 Service (J has has not been attempted during reguiar business hours at the place(s) of employment of the defendant(s). If not, state reason: the place(s) of employment of the defendant(s) is not known. (Other (specify): Service [¥| has [_] has not been attempted at the “residence” of the defendant(s). If not, state reasons: [7] The place of residence of the defendant(s) is not known. (5 Other (specify): 8& Other: Did the plaintiff pay for help from a registered unlawiul detainer assistant (Bus. and Prof. Code, §§ 6400- 5415) who helped prepare this form? (Yes [¥] No tfyes, complete the following information: Name of Unlawful Detainer Assistant: ; Telephone Number: ( ) Address (Mailing address, city and Zip code): Registration # ; County of Registration: i declare under penaity of perjury under the laws of the State of California, that the foregoing is true and correct. DATE TYPE OF PRINT DECLARANT’S NAME DECLARANT SIGNATURE | 10-22-22 Homan Mobasser, Esq. FINDINGS AND ORDER THE COURT FINDS: The defendant(s) named in the application cannot with reasonable diligence be served in any manner specified in Code of Civil Procedure, Article 3. (a) A cause of action exists against the defendant(s) named in the application; and/or (b) defendant(s) named in the application has or claims an interest in real property in California that is subject to the jurisdiction of the court; and/or (c) the relief demanded in the complaint consists wholly or partially in excluding the defendant(s) from any interest in the property. THE COURT ORDERS: The defendant(s) named in the application may be served by posting a copy of the summons and complaint on the premises in a manner most likely to give actual notice to the defendant(s), and by immediately mailing, by certified mail, a copy of the summons and complaint to the defendant(s) at his/her last known address. Dated: Judicial Officer Div/Dept. LACIY 107 (Rev. 01/07) APPLICATION AND ORDER TO SERVE SUMMONS Code Civ, Proc., § 415.45 LASC Approved 10-03 BY POSTING FOR UNLAWFUL DETAINER Page 2 of 2 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY Homan Mobasser SBN 251426 (424) 244-0026 Law office of Homan Mobasser 18375 Ventura Bivd. Suite 342 Tarzana, CA 91356 ATTORNEY FOR Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA- CENTRAL (EFILING) 194 N First St. San Jose, CA95113 SHORT TILE OF CASE: THOMPSON, DEBBIE ALICE DATE TIE DEP/DIV CASE NUMBER: 210V387401 Declaration of Reasonable Diligence Raf. No. or File No: 000 Person to Serve: DEBBIE ALICE THOMPSON Documents summons and compiaint ; Plaintiff's Mandatory Cover Sheet and Supplemental Allegations - Unlawful Received: Detainer; Civil Case Cover Sheet | declare the following attempts were made to effect personal service, no other residence or business address is known to me: Oct 07 2021 07:30 AM 18285 Constitution Ave, Monte Sereno, CA 95030; There is no answer at residence address. Oct 09 2021 10:45 AM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address. Oct 122021 6244 PM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address. Package at entrance for Debbie Thompsson Oct 15 2024 07:30 PM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address. Oct 18 2021 05:15 PM 18285 Constitution Ave, Monte Sereno, CA 95030; There is no answer at residence address. Person attempting service; a. Name: Michael Matthews b, Address: 5437 Laurei Canyon Bivd. Suite 112, Valley Village, CA 91607 ¢. Telephone numbar: 888-962-9696 d. The fee for this service was: 85.00 e. fam an independent contractor: i deciare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. of OE CXS MES cn = oe A Country e° Process Michael Watthews Date: 10/22/2021 Declaration of Reasonable Diligence Invoice #; $032270-01 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NUMBER FOR COURT USE ONLY Homan Mobasser SBN 251426 (424) 244-0026 Law office of Homan Mobasser 18375 Ventura Bivd. Suite 342 Tarzana, CA 91356 ATTORNEY FOR Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTACLARA- CENTRAL (EFILING) 91 N First St. San Jose, CA95113 SHORT TILE OF CASE THOMPSON, DEBBIE ALICE DATE: TE: DEPJON. CASE NUMBER: 21CV387401 Declaration of Reasonable Diligence Ref. No. or File No: 0000 Person to Serve: All Unnamed Occupants Documents summons and complaint ; Plainttif's Mandatory Cover Sheet and Supplemental Allegations - Uniawful Received: Detainer; Civil Case Cover Sheet i declare the following attempts were made to affect personal sence, no other residence or business address is known to me: Oct 07 2021 0730 AM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address Oct 09 2021 10:45 AM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address, Oct 12 2021 0214 PM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer at residence address. Package at entrance for Debbie Thompsson Oct 15 2021 07:30 PM 18265 Constitution Ave, Monte Sereno, CA 95030; There is no answer at residence address. Oct 18 2021 0515 PM 18285 Constitution Ave, Monte Sereno, CA95030; There is no answer atresidence address. Person attempting service: a. Name: Michael Matthews b. Address: 5437 Laurel Canyon Bivd. Sulte 112, Valley Village, CA 81607 ¢c. Telephone number: 888-962-9696 d. The fee for this senice was: 65.00 e. iam an independent contractor: i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Lb wher CE {( VE Lo PoMM Ce : oe YY country wid Provoss Michael Matthews Date: 10/22/2024 Declaration of Reasonable Diligence Invoice #: §032270-02 SUMMONS FOR COURT USE ORLY SUM-190 (SOLO PARA USO DE LA CORTE) (CITACION JUDICIAL) UNLAWFUL DETAINER—EVICTION --FILED (RETENCION ILICITA DE UN INMUEBLE—DESALOJO) 26/2021 11:11 PM Cierk of Court NOTICE TO DEFENDANT: Superior Court of CA, (AVISO AL DEMANDADO): County of Santa Ciara DEBBIE ALICE THOMPSON; Does1 to 10, inclusive 210V387401 YOU ARE BEING SUED BY PLAINTIFF: Reviewed By: Desiree Alfaro (LO ESTA DEMANDANDO EL DEMANDANTE): B&B CAPITAL, LLC Envelope: 7150249 NOTICE! You have been sued. The court may decide against jAViSO! Usted ha sido demandado. Si no responde dentro de § you without your being heard unless you respond within 5 days. dias, @/ tribunal puede emitir un falio en su contra sin una You have 5 DAYS, not counting Saturdays and Sundays and audiencia. Una vez que le entreguen esta citaci6n y papeles other judiciai holidays, after this summons and iegal papers are legales, solo tiene 5 DIAS, sin contar s4bado y domingo y otros served on you to file a written response at this court and have a dias feriados dei tribunal, para presentar una respuesta por copy served on the plaintiff. escrito en este tribunal y hacer que se entregue una copia ai demandante. A letter or phone call will not protect you. Your written response Una carta 0 una ilamada telefénica no to protege. Su respuesta must be in proper legal form if you want the court to hear your por escrito tiene que estar en formato legal correcta si desea que cass. There may be a court form that you can use for your procesen su caso en ja corte. Es posible que haya un formulario response. You can fing these court forms and more information que usted pueda usar para su respuesta. Puede encontrar estos ai the California Courts Ontine Self-Help Center formularios ae ta corte y mds informacidn en ei Ceniro de Ayuda (www.courts.ca.gov/selthelp), your county law library, or the de tas Cortes de California (www.sucorte.ca.gov), en la biblioteca courthouse nearest you. If you do not fite your response on de leyes de su condado o en ja carte que fe quede mas cerca. Si time, you may lose the case by default, and your wages, NO presenta su respuesta a tiempo, puede perder e! caso por falta money, and property may be taken without further warning from de comparecencia y sé le pooré quitar su sueido, dinero y bienes | | the court. sin mas advertencia. | There are other legal requirements. You may want to call an Hay otros requisites iegaies. Es recomendable que jiame aun attorney right away. if you do not know an attorney, you may abogado inmediatamente. Si no conoce a un abogado, puede want to Cail an attorney referral service. If you cannot afford an lamara un servicio de remisién a abogados. Si no puede pagar a attorney, you may be eiigible for free legal services from a un abogado, es posible que cumpia con ios requisitos para nonproiit legal services program. You can locate these obtener servicios legales gratuilos de un programa de servicios nonprofit groups at the Califarnia Legal Services website Jegales sin fines de iucro. Puede encontrar estos grupos sin fines (www.lawheipca.org), the California Courts Ontine Self-Help de lucro en el sitio web de California Legai Services, Center {www.courts.ca.gov/selthelp), or by contacting your (uww.lawhelpcatifornia.org), en et Centro de Ayuda de las Cortes jocal court or county bar association. de California, (www.sucorts.ca.gov) 0 poniéndese @n contacto con fa corte o ef colegio de abogados focal. en FEE WAIVER: If you cannot pay the filing fee, ask the clerk for EXENCION DE CUOTAS: Si no puede pagar fa cuota de a fee waiver form. NOTE: The court has a statutory lien for presentaci6n, pida al secretario de la corte que le dé un formulario waived fees and costs on any settlement or arbitration award of de exencién de pago de cuotas. AVISO: Por ley, la corte tiene $10,000 or more in a civil case. The caurt’s lien must be paid derecho a reciamar las cuotas y los costos exentos con un betore the court will dismiss the case. gfavamen sobre cualquier cantidad de $10,000 6 mas recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de fa corte antes de que ja corte pueda desestimar a! caso. ‘The name and address of the court is: CASE NUMBER (ndimero de! caso}: 210V387401 §(EI i nombre y direccion de ja corte es): superior Court of California - County of Santa Clara 191 N. First Street, San Jose, CA 95113 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (E/ sombre, ja direccién y ef numero de teiéfono de! abogado del demandante, o de! demandante que no tiene abogado, es): Law Offices of Homan Mobasser, APLC, 18375 Ventura Biva., #342, Tarzana, CA 91356; 424-244-0026 Page 1 of? Form Adopted lor Mandatory Uso SUMMONS-—-UNLAWFUL DETAINER—EVICTION ‘Cage of Civil Procedure, $6 612.20, 415.458, 1187 Sune of Cairn ww courts. f? Legl cd Taofen Meyer, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Cor unty ofSi mento On, AyFi oy (_ before me, Marsha Townsend, Notary Public, personally appeared Lauren Meyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in hissherftheir authorized capacity(ies), and that by his/hedthelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. \ certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph js true and correct. WITNESS my hand and official sea!. es TOWNSEND Gon # 2255348 3 Y dle Jpn aster Fy, See an Exhibit “2” THREE DAY/NINETY DAY NOTICE TO QUIT AND DELIVER POSSESSION To: DEBBIE ALICE THOMPSON AND ALL PERSONS IN POS SESSION of the premises located at: 18285 Constitution Ave. Monte Serene, CA 95030 NOTICE IS HEREBY GIVEN that (1) within Three (3) days after service on you of this Notice, in the event you are the Trustor of the Deed of Trust described below, the owner of the premises, or the successor in interest, (ii ) within Ninety (90) days after service on you of this Notice, in the event you are subtenant or an other occupant of the above-described premises, You are required to quit and deliver up possession of the premises to the undersigned or to a servicing agent, who is authorized to receive the same, or the undersigned will institute legal proceedings against you to recover possession of said premises and for rents or damages as provided by law. You are required to quit and deliver up possession of said premises for the reason that they have been duly sold to the undersigned in accordance with Section 2924 of the Civil Code of the State of Califomia on April 28, 2021 under the power of the sale contained in a Deed of Trust executed by you or your predecessors in interest and recorded in the official records, SANTA CLARA County, California. The title under sale has been duly perfected. This Notice to you is given pursuant to the provisions of Section 1161a(b)(3) of the Code of Civil Procedure of the State of California. You should talk to a lawyer NOW to see what your rights are. You may receive court papers in a few days. If your name is on the papers it may hurt your credit if you do not respond and simply move out. Also, if you do not respond within five days of receiving the papers, even if you are not named in the apers, you will likely lose any rights you may have. In some cases, you can respond without hurting your credit. You should ask a lawyer about it. You may have the right to stay in your home for longer than 90 days. If you have a lease that ends more than 90 days from now, the new owner must honor the lease under many circumstances. Also, in some cases and in some cities with a “just cause for eviction law,” you may not have to move at all. But you must take the proper legal steps in order to protect your rights. How to GET LEGAL HELP 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. lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gow/selfhelp), or by contacting your local court or county bar association. If you are an active duty member of the United States Armed Forces or a dependent of an active duty service member, you may be entitled to rights as provided in the Service members Civil Relief Act. In such Case, you or your attorney should contact this law firm and provide proof of military service immediately so that t