On August 31, 2006 a
Proof of Service
was filed
involving a dispute between
Caire Medical Systems, Inc.,
Psm Magna Carta Insurance Companies,
and
Apria Healthcare, Inc.,
Caire Medical Systems, Inc.,
for Unlimited Civil
in the District Court of Alameda County.
Preview
Yo
%!
David H. Bremer, Esq. (SBN 58874) *5649609
‘— BORTON PETRINI, LLP —
535 Pacific Avemue, Suite 201 FE j
San Francisco, CA 94133 ; ii
TELEPHONE NO: (415) 677-0730 FAXNO. (Option: (415) 677-0737
E-MAIL ADDRESS (Optional: ALAM EDA GO UNT Y
ATTORNEY FOR (Name): Plaintiff, Pacific Service Mutual Insurance Company
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
srrest aooress: 1225 FALLON STREET SEP 1 y7 2007
MAILING ADDRESS:
cry anoziecoos: OAKLAND, CA 94612 CLERK L THE SUPERIOR CCURT
prancunawe: RENE C. DAVIDSON ALAMEDA COURTHOUSE By & EOAA Ob.
f
PLAINTIFF/PETITIONER: PACIFIC SERVIGE MUTUAL INSURANCE COMPANY CASE NUMBER: (leputy
RG06286829
DEFENDANT/RESPONDENT: APRIA HEALTHCARE, INC.; CAIRE MEDICAL SYSTEMS, INC| Assigned for all purposes to
Judge Ronni Maclaren. Dept. 301
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS
(Separate proof of service is required for each party served.)
1. Atthe time of service | was at least 18 years of age and not a party to this action.
2. | served copies of-
a. summons (First Amended)
complaint (First Amended)
s
Cc. Alternative Dispute Resolution (ADR) package
d. [-_] Civil Case Cover Sheet (served in complex cases only)
e. [__] cross-complaint
f. ¥ | other (specify documents): Cause of Action - General Negligence; Cause of Action - Products Liability; Notice of Judicial
(specify ) Assignment for All Purposes Sctive July 1, 2007; Addendum to Civil Cae Cover sheet
. Party served (specify name of party as shown on documents served):
ad
»
CAIRE MEDICAL SYSTEMS, INC.
. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
o
under item 5b on whom substituted service was made) (specify name and refationship to the party named in item 3a):
Deb Van Ness, Authorized Agent
4, Address where the party was served:
CT Corporation System Inc., 100 S. 5th Street, #1075, Minneapolis, MN 55402
5. | served the party (check proper box)
a. by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to
receive selvice of process for the party (1) on (date): 08/29/2007 (2) at (time): 3:25PM
b. [4 by substituted service. On (date): at (time): | Jeft the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3):
{1) Cc] (business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. | informed him or her of the general nature of the papers.
(2) rT | {home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. | informed him or her of the general nature of the papers.
(3) {_| (physical address unknown) a person atleast 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. | informed
him or her.of the general nature of the papers.
(4) | | thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents on
(date): from (city): or |__| a declaration of mailing is attached.
(5) [1 | attach a declaration of diligence stating actions taken first to attempt personal service.
Page 1 of 2
Form AAG ptedl for Manclatory tise PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10
pO fo om 287 renee
American LegalNet, Inc
“98/31/2007 14:8 «sce Qc @ PAGE 63/83
PLAINTIFF/PETITIONER: PACIFIC SERVICE MUTUAL INSURANCE COMPANY CASE NUMBER:
RG06286829
| DEFENDANT/RESPONDENT: APRIA HEALTHCARE, INC.; CAIRE MEDIGAL SYSTEMS, INC,
5. c, [_] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(1) on (date): (2) from (city): ;
(3) [_] with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt) (Code Civ. Proc., § 415,30.)
(4) _] to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
a. (_] by other means (specify means of service and authorizing code section):
cr Additional page describing service is attached.
6. The "Notice to the Person Served" (on the summons) was completed as follows:
a. [__] asan individual defendant.
b. L] as the person sued under the fictitious name of (specify):
c. [_] as occupant.
d. On behalf of (specify): CAIRE MEDICAL SYSTEMS, INC.
under the following Code of Civil Procedure section:
416.10 (corporation) [J 415.95 (business organization, form unknown)
[[3 416.20 (defunct corporation) [1] 416.60 (minor)
[—] 446.30 (joint stock company/association) [_] 416.70 (ward or conservatee)
[-] 418.40 (association or partnership) [1] 416.90 (authorized person)
(J 416.50 (public entity) [] 415.46 (occupant)
(21 other:
7. Person who served papers
a. Name: Jerome Fuchs
Address: Careful Attorney Service, 453 Bryant Street, San Francisco, CA. 94107
gape
Telephone number. (415) 864-8014
The fee for service was: $
Lam:
(1) not a registered California process server.
(2) [|__|] exempt from registration under Business and Professions Cade section 22350(b).
(3) L__] a registered California process server:
(i) [[”] owner [[_] employee [77] independent contractor.
(ii) Registration No.:
(ii) County: Hennepin
8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9. [__] tama California sheriff or marshal and | certify that the foregoing is true and correct.
Date: August 30, 2007 PoZ7A
Jerome Fuchs ILS OL
(NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) c (SIGNATURE )
POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2
Document Filed Date
September 17, 2007
Case Filing Date
August 31, 2006
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Yo %! David H. Bremer, Esq. (SBN 58874) *5649609 ‘— BORTON PETRINI, LLP — 535 Pacific Avemue, Suite 201 FE j San Francisco, CA 94133 ; ii TELEPHONE NO: (415) 677-0730 FAXNO. (Option: (415) 677-0737 E-MAIL ADDRESS (Optional: ALAM EDA GO UNT Y ATTORNEY FOR (Name): Plaintiff, Pacific Service Mutual Insurance Company SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA srrest aooress: 1225 FALLON STREET SEP 1 y7 2007 MAILING ADDRESS: cry anoziecoos: OAKLAND, CA 94612 CLERK L THE SUPERIOR CCURT prancunawe: RENE C. DAVIDSON ALAMEDA COURTHOUSE By & EOAA Ob. f PLAINTIFF/PETITIONER: PACIFIC SERVIGE MUTUAL INSURANCE COMPANY CASE NUMBER: (leputy RG06286829 DEFENDANT/RESPONDENT: APRIA HEALTHCARE, INC.; CAIRE MEDICAL SYSTEMS, INC| Assigned for all purposes to Judge Ronni Maclaren. Dept. 301 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS (Separate proof of service is required for each party served.) 1. Atthe time of service | was at least 18 years of age and not a party to this action. 2. | served copies of- a. summons (First Amended) complaint (First Amended) s Cc. Alternative Dispute Resolution (ADR) package d. [-_] Civil Case Cover Sheet (served in complex cases only) e. [__] cross-complaint f. ¥ | other (specify documents): Cause of Action - General Negligence; Cause of Action - Products Liability; Notice of Judicial (specify ) Assignment for All Purposes Sctive July 1, 2007; Addendum to Civil Cae Cover sheet . Party served (specify name of party as shown on documents served): ad » CAIRE MEDICAL SYSTEMS, INC. . Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person o under item 5b on whom substituted service was made) (specify name and refationship to the party named in item 3a): Deb Van Ness, Authorized Agent 4, Address where the party was served: CT Corporation System Inc., 100 S. 5th Street, #1075, Minneapolis, MN 55402 5. | served the party (check proper box) a. by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to receive selvice of process for the party (1) on (date): 08/29/2007 (2) at (time): 3:25PM b. [4 by substituted service. On (date): at (time): | Jeft the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): {1) Cc] (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. | informed him or her of the general nature of the papers. (2) rT | {home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. | informed him or her of the general nature of the papers. (3) {_| (physical address unknown) a person atleast 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. | informed him or her.of the general nature of the papers. (4) | | thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents on (date): from (city): or |__| a declaration of mailing is attached. (5) [1 | attach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2 Form AAG ptedl for Manclatory tise PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10 pO fo om 287 renee American LegalNet, Inc “98/31/2007 14:8 «sce Qc @ PAGE 63/83 PLAINTIFF/PETITIONER: PACIFIC SERVICE MUTUAL INSURANCE COMPANY CASE NUMBER: RG06286829 | DEFENDANT/RESPONDENT: APRIA HEALTHCARE, INC.; CAIRE MEDIGAL SYSTEMS, INC, 5. c, [_] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): ; (3) [_] with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt) (Code Civ. Proc., § 415,30.) (4) _] to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) a. (_] by other means (specify means of service and authorizing code section): cr Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. [__] asan individual defendant. b. L] as the person sued under the fictitious name of (specify): c. [_] as occupant. d. On behalf of (specify): CAIRE MEDICAL SYSTEMS, INC. under the following Code of Civil Procedure section: 416.10 (corporation) [J 415.95 (business organization, form unknown) [[3 416.20 (defunct corporation) [1] 416.60 (minor) [—] 446.30 (joint stock company/association) [_] 416.70 (ward or conservatee) [-] 418.40 (association or partnership) [1] 416.90 (authorized person) (J 416.50 (public entity) [] 415.46 (occupant) (21 other: 7. Person who served papers a. Name: Jerome Fuchs Address: Careful Attorney Service, 453 Bryant Street, San Francisco, CA. 94107 gape Telephone number. (415) 864-8014 The fee for service was: $ Lam: (1) not a registered California process server. (2) [|__|] exempt from registration under Business and Professions Cade section 22350(b). (3) L__] a registered California process server: (i) [[”] owner [[_] employee [77] independent contractor. (ii) Registration No.: (ii) County: Hennepin 8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. [__] tama California sheriff or marshal and | certify that the foregoing is true and correct. Date: August 30, 2007 PoZ7A Jerome Fuchs ILS OL (NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) c (SIGNATURE ) POS-010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2