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oo .. FILED BY FAX
(vo. POS-040
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: Sepp
save Elizabeth Staggs Wilson, Bar No. 183160; Shannon R. Boyce, Bar No, 229041 t
Firwwame: LITTLER MENDELSON, P.C.
greet aboress: 633 W. 5th Street, 63rd Floor
cry; Los Angeles stare. CA ap cone:90071
TevePHoneno: (213) 443-4300 FAaxNo, (213) 443-4299
‘eaLaooress: estaggs-wilson@littler.com; sbayce@littler.com
ATTORNEY FOR (name. Defendants, DOCTORS HOSPITAL OF MANTECA ING., etal.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
street abpress; 180 E, Weber Avenue
manune aopress: P.O, Box 201022
cry ano zp cove: Stockton, CA ‘95202
eranc nave: Stockton Branch CASE NUMBER:
PlaintiffPetitioner: REGINALD LYLE STK-CV-UOE-2016-6523
Defendant/Respondent: DOCTORS HOSPITAL OF MANTECA, INC.. et al. JUDICIAL OFFICER:
PROOF OF SERVICE—CIVIL Hon. &lizabeth Humphreys
Check method of service (only one):
{0 _ By Personal Service O By Mail [—] By Overnight Delivery DEPARTMENT:
10C.
(O ByMessenger Senice [1] By Fax
Do not use this form to show service of a summons and complaint or for electronic service.
See USE OF THIS FORM on page 3.
1. At the time of service | was over 18 years of age.and not a party to this action.
2. My residence or business address is:
60 W. San Fernando Street, 7th Floor, San Jose, California 95113
3. [1 The fax number from which | served the decuments is (complete if service was by fax):
4. On (date): October 31, 2018 | Served the following documents (specify):
PLEASEE ATTACHMENT
{The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)).
5. I served the documents on the person or persons below, as follows:
a. Name of person served: PLEASE SEE ATTACHMENT
b. {Complete if service was by personal service, mail, overnight delivery, or messenger service.)
Business or residential address where person was served:
PLEASE SEE ATTACHMENT
c. [1 (Complete if service was by fax.)
Fax number where person was served:
(The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service—
Civil (Persons Served) (form POS-040(P)).
6. The documents were served by the following means (specify): VIA OVERNIGHT MAIL
a. [By personal service. | personally delivered the documents to the persons at the addresses listed in item 6. (1) For a
party represented by an attorney, delivery was made (a) to the attomey personally; or (b) by leaving the documents atthe
attorney's office, In an envelope or package clearly labeled to Identify the attorney being served, with a receptionist or an
individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by
leaving them in a conspicuous place in the office between the hours of nine in the moming and five in the evening. (2) For
a party, delivery was made to the party or by leaving the documents at the party's residence with some person not
younger than 18 years of age between the hours of eight in the morning and six in the evening.
Pago 1 of 3
Form Approved for Optienal Use PROOF OF SERVICE—CIVIL ‘Code of Civil Procedure, §§ 1011, 1013, 1042,
lucécial Counel of Calitorela , ‘2018.5; Cel, Rules of Court, rule 2.306
(Proof of Service) wniw.couris.ca.gov
POS-040 [Rev, Fooruary 1, 2017)
‘American LezalNet, tne,
‘won EomsWorkBlaw.coPOS-040
CASE NAME: CASE NUMBER:
LYLE v. DOCTORS HOSPITAL OF MANTECA, INC., et al. STK-CV-UWT-2016-6523
. b,
(1 By United States mail. ! enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses in item 5 and (specify one):
(1) [1 deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2) [1 placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence
is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
lam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state):
By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier
and addressed to the persons at the addresses in item 5. | placed the envelope or package for collection and overnight
delivery at an office or a regularly utilized drap box of the overnight delivery carrier.
By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at
the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the
messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)
By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents
fo the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the
record of the fax transmission, which | printed out, is attached.
(declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Oate: October 31, 2018
Maria Patterson
{TYPE OR PRINT NAME GF DECLARANT) Y {SIGNATURE OF DECLARANT)
(if item 6d above is checked, the daclaration below must be completed or a separate declaration from a messenger must be attached.)
DECLARATION OF MESSENGER
Cs By personal sorvice. | personally delivered the envelope or package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by
leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attomey being served,
with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or
papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the
evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person
not younger than 18 years of age between the hours of eight in the morning and six in the evening.
At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding.
1 served the envelope or package, as stated above, on (date):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
>
{NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
PROOF OF SERVICE—CIVIL
POS.040 [Rev. February 1, 2017] (Proof of Service) Pago 2 of 3POS-040
INFORMATION SHEET FOR PROOF OF SERVICE—CIVIL
(This information sheet is not part of the official proof of service form and does not need to be copied, served, or filed.)
USE OF THIS FORM
This form is designed to be used to show proof of service of documents by (1) personal-service, (2) mail, (3) overnight
delivery, (4) messenger service, or (5) fax.
This proof of service form should not be used to show proof of service of a summons and complaint. For that purpose,
use Proof of Service of Summons (form POS-010).
Also, this proof of service form should not be used to show proof of electronic service. For that purpose, use Proof of
Electronic Service (form POS-050).
Certain documents must be personally served. For example, an order to show cause and temporary restraining order
generally must be served by personal delivery. You must determine whether a document must be personally delivered or
can be served by mail or another method.
GENERAL INSTRUCTIONS
A person must be over 18 years of age to serve the documents. The person who served the documents must complete
the. Proof of Service. A party to the action cannot serve the documents.
The Proof of Service should be typed or printed, If you have Internet access, a fillable version of this proof of service form
is available at www.courts.ca.gov/orms, htm.
Complete the top section of the proof of service form as follows:
First box, left side: In this box print the name, address, and telephone number of the person for whom yau served the
documents,
Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box.
The address for the court should be the same as the address on the documents that you served.
Third box, left side: Print the names of the plaintifffpetitioner and defendant/respondent in this box. Use the same names
as are on the documents that you served.
Fourth box, left side: Check the method of service that was used. You should check only one method of service-and
should show proof of only one method on the form. if you served a.party by several methods, use a separate form to show
each method of service.
First box, top of form, right side; Leave this box blank for the court's use.
Second box, right side: Print the.case number in this box. The case number should be the same as the case number on
the documents that you served.
Third box, right side; State the judge and department assigned to the case, if known.
Complete items 1-6:
4. You are stating that you are over the age of 18.
2. Print your home or business address.
3. If service was by fax service, print the fax number from which service was made,
4. List each document that you. served. If you need more space, check the box in item 4, complete the Attachment to
Proof of Service—Civil (Documents Served) (form POS-040{D)), and attach it to form POS-040,
5. Provide the names, addresses, and other applicable information about the persons served, If more than one person
was served, check the box on item 5, complete the Attachment to Proof of ‘Service—Civil (Persons Served) (form
POS-040(P)), and attach it to form POS-040.
6. Check the box before the method of service that was used, and provide any additional information that is required.
The law may require that documents be served in a particular manner (such as by personal delivery) for certain
purposes. Service by fax generally requires the prior agreement of the parties.
You must sign and date the proof of service form. By signing, you are stating under penalty of perjury that the
information that you have provided on form POS-040 is true and correct.
PROOF OF SERVICE—CIVIL
POS-040 [Rev. February 4, 2017) {Proof of Service) Pago 3 013
‘AmericanPOS-040(D)
SHORT TITLE: CASE NUMBER:
|-LYLE v. DOCTORS HOSPITAL OF MANTECA, INC., et al. STK-CV-UOE-2016-6523
ATTACHMENT TO PROOF OF SERVICE— CIVIL (DOCUMENTS SERVED)
(This Attachment is for use with form POS-040)
The documents that were served are as follows (describe each document specifically):
DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
DECLARATION OF SHANNON R. BOYCE IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF'S
MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION
FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Form Approved tor oplona Use
om Aperoved fer Oplera Us? ATTACHMENT TO PROOF OF SERVICE—GIVIL (DOCUMENTS SERVED Pegel_of 11,
POS-040(0) [New January 1.2005] {Proof of Service)
[American LegaiNot, Ine.
| wewISCourtForma.comPOS-040(P)
|__ SHORT TITLE:
LYLE v. DOCTORS HOSPITAL OF MANTECA, INC., etal.
CASE NUMBER:
STK-CV-UOE-2016-6523
ATTACHMENT TO PROOF OF SERVICE—CIVIL (PERSONS SERVED)
(This attachment is for use, with form POS-040.)
NAMES, ADDRESSES, AND OTHER APPLICABLE INFORMATION ABOUT PERSONS SERVED:
Time of Service
Name of Person Served
(if the person served is an
attomey, the party or
parties represented should
also be stated.)
Where Served
(Provide business or residential address where service was
made by personal service, mail, ovemight delivery, or
messenger service. For other means of service, provide
fax number or electronic service address, as applicable.)
(Complete for sérvice by
‘fax transmission or
Joseph Antonelli
Janelle Carney
LAW OFFIGE OF JOSEPH ANTONELLI
14758 Pipeline Avenue, Suite E, 2nd Floor
Chino Hills, CA 91709
Time:
Joseph Lavi
Victor C. Granberry
LAVI & EBRAHIMIAN, LLP
88889 W. Olympic Blvd., Suite 200
Beverly Hills, CA 90211
Time:
David M. deRubertis
THE DERUBERTIS LAW FIRM, APC.
4219 Coldwater Canyon Avenue
Studio City, CA 91604
Time:
Time:
Time:
Time:
Time:
Time:
Time:
Time:
Time:
LTE
electronic service.)
Farm Approved for Optional Use
Judicial Counei of California
POS-D40(P) [Rev, July 1, 2011)
ATTACHMENT TO PROOF OF SERVICE—CIVIL (PERSONS SERVED)
(Proof of Service)
Page Tort
snnucourts.cagor
ove FonnsWorkFlas4.com
Preview
oo .. FILED BY FAX (vo. POS-040 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: Sepp save Elizabeth Staggs Wilson, Bar No. 183160; Shannon R. Boyce, Bar No, 229041 t Firwwame: LITTLER MENDELSON, P.C. greet aboress: 633 W. 5th Street, 63rd Floor cry; Los Angeles stare. CA ap cone:90071 TevePHoneno: (213) 443-4300 FAaxNo, (213) 443-4299 ‘eaLaooress: estaggs-wilson@littler.com; sbayce@littler.com ATTORNEY FOR (name. Defendants, DOCTORS HOSPITAL OF MANTECA ING., etal. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN street abpress; 180 E, Weber Avenue manune aopress: P.O, Box 201022 cry ano zp cove: Stockton, CA ‘95202 eranc nave: Stockton Branch CASE NUMBER: PlaintiffPetitioner: REGINALD LYLE STK-CV-UOE-2016-6523 Defendant/Respondent: DOCTORS HOSPITAL OF MANTECA, INC.. et al. JUDICIAL OFFICER: PROOF OF SERVICE—CIVIL Hon. &lizabeth Humphreys Check method of service (only one): {0 _ By Personal Service O By Mail [—] By Overnight Delivery DEPARTMENT: 10C. (O ByMessenger Senice [1] By Fax Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. 1. At the time of service | was over 18 years of age.and not a party to this action. 2. My residence or business address is: 60 W. San Fernando Street, 7th Floor, San Jose, California 95113 3. [1 The fax number from which | served the decuments is (complete if service was by fax): 4. On (date): October 31, 2018 | Served the following documents (specify): PLEASEE ATTACHMENT {The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)). 5. I served the documents on the person or persons below, as follows: a. Name of person served: PLEASE SEE ATTACHMENT b. {Complete if service was by personal service, mail, overnight delivery, or messenger service.) Business or residential address where person was served: PLEASE SEE ATTACHMENT c. [1 (Complete if service was by fax.) Fax number where person was served: (The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service— Civil (Persons Served) (form POS-040(P)). 6. The documents were served by the following means (specify): VIA OVERNIGHT MAIL a. [By personal service. | personally delivered the documents to the persons at the addresses listed in item 6. (1) For a party represented by an attorney, delivery was made (a) to the attomey personally; or (b) by leaving the documents atthe attorney's office, In an envelope or package clearly labeled to Identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the moming and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. Pago 1 of 3 Form Approved for Optienal Use PROOF OF SERVICE—CIVIL ‘Code of Civil Procedure, §§ 1011, 1013, 1042, lucécial Counel of Calitorela , ‘2018.5; Cel, Rules of Court, rule 2.306 (Proof of Service) wniw.couris.ca.gov POS-040 [Rev, Fooruary 1, 2017) ‘American LezalNet, tne, ‘won EomsWorkBlaw.coPOS-040 CASE NAME: CASE NUMBER: LYLE v. DOCTORS HOSPITAL OF MANTECA, INC., et al. STK-CV-UWT-2016-6523 . b, (1 By United States mail. ! enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) [1 deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) [1 placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. lam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. | placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drap box of the overnight delivery carrier. By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents fo the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the record of the fax transmission, which | printed out, is attached. (declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Oate: October 31, 2018 Maria Patterson {TYPE OR PRINT NAME GF DECLARANT) Y {SIGNATURE OF DECLARANT) (if item 6d above is checked, the daclaration below must be completed or a separate declaration from a messenger must be attached.) DECLARATION OF MESSENGER Cs By personal sorvice. | personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attomey being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding. 1 served the envelope or package, as stated above, on (date): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: > {NAME OF DECLARANT) (SIGNATURE OF DECLARANT) PROOF OF SERVICE—CIVIL POS.040 [Rev. February 1, 2017] (Proof of Service) Pago 2 of 3POS-040 INFORMATION SHEET FOR PROOF OF SERVICE—CIVIL (This information sheet is not part of the official proof of service form and does not need to be copied, served, or filed.) USE OF THIS FORM This form is designed to be used to show proof of service of documents by (1) personal-service, (2) mail, (3) overnight delivery, (4) messenger service, or (5) fax. This proof of service form should not be used to show proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-010). Also, this proof of service form should not be used to show proof of electronic service. For that purpose, use Proof of Electronic Service (form POS-050). Certain documents must be personally served. For example, an order to show cause and temporary restraining order generally must be served by personal delivery. You must determine whether a document must be personally delivered or can be served by mail or another method. GENERAL INSTRUCTIONS A person must be over 18 years of age to serve the documents. The person who served the documents must complete the. Proof of Service. A party to the action cannot serve the documents. The Proof of Service should be typed or printed, If you have Internet access, a fillable version of this proof of service form is available at www.courts.ca.gov/orms, htm. Complete the top section of the proof of service form as follows: First box, left side: In this box print the name, address, and telephone number of the person for whom yau served the documents, Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box. The address for the court should be the same as the address on the documents that you served. Third box, left side: Print the names of the plaintifffpetitioner and defendant/respondent in this box. Use the same names as are on the documents that you served. Fourth box, left side: Check the method of service that was used. You should check only one method of service-and should show proof of only one method on the form. if you served a.party by several methods, use a separate form to show each method of service. First box, top of form, right side; Leave this box blank for the court's use. Second box, right side: Print the.case number in this box. The case number should be the same as the case number on the documents that you served. Third box, right side; State the judge and department assigned to the case, if known. Complete items 1-6: 4. You are stating that you are over the age of 18. 2. Print your home or business address. 3. If service was by fax service, print the fax number from which service was made, 4. List each document that you. served. If you need more space, check the box in item 4, complete the Attachment to Proof of Service—Civil (Documents Served) (form POS-040{D)), and attach it to form POS-040, 5. Provide the names, addresses, and other applicable information about the persons served, If more than one person was served, check the box on item 5, complete the Attachment to Proof of ‘Service—Civil (Persons Served) (form POS-040(P)), and attach it to form POS-040. 6. Check the box before the method of service that was used, and provide any additional information that is required. The law may require that documents be served in a particular manner (such as by personal delivery) for certain purposes. Service by fax generally requires the prior agreement of the parties. You must sign and date the proof of service form. By signing, you are stating under penalty of perjury that the information that you have provided on form POS-040 is true and correct. PROOF OF SERVICE—CIVIL POS-040 [Rev. February 4, 2017) {Proof of Service) Pago 3 013 ‘AmericanPOS-040(D) SHORT TITLE: CASE NUMBER: |-LYLE v. DOCTORS HOSPITAL OF MANTECA, INC., et al. STK-CV-UOE-2016-6523 ATTACHMENT TO PROOF OF SERVICE— CIVIL (DOCUMENTS SERVED) (This Attachment is for use with form POS-040) The documents that were served are as follows (describe each document specifically): DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT DECLARATION OF SHANNON R. BOYCE IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Form Approved tor oplona Use om Aperoved fer Oplera Us? ATTACHMENT TO PROOF OF SERVICE—GIVIL (DOCUMENTS SERVED Pegel_of 11, POS-040(0) [New January 1.2005] {Proof of Service) [American LegaiNot, Ine. | wewISCourtForma.comPOS-040(P) |__ SHORT TITLE: LYLE v. DOCTORS HOSPITAL OF MANTECA, INC., etal. CASE NUMBER: STK-CV-UOE-2016-6523 ATTACHMENT TO PROOF OF SERVICE—CIVIL (PERSONS SERVED) (This attachment is for use, with form POS-040.) NAMES, ADDRESSES, AND OTHER APPLICABLE INFORMATION ABOUT PERSONS SERVED: Time of Service Name of Person Served (if the person served is an attomey, the party or parties represented should also be stated.) Where Served (Provide business or residential address where service was made by personal service, mail, ovemight delivery, or messenger service. For other means of service, provide fax number or electronic service address, as applicable.) (Complete for sérvice by ‘fax transmission or Joseph Antonelli Janelle Carney LAW OFFIGE OF JOSEPH ANTONELLI 14758 Pipeline Avenue, Suite E, 2nd Floor Chino Hills, CA 91709 Time: Joseph Lavi Victor C. Granberry LAVI & EBRAHIMIAN, LLP 88889 W. Olympic Blvd., Suite 200 Beverly Hills, CA 90211 Time: David M. deRubertis THE DERUBERTIS LAW FIRM, APC. 4219 Coldwater Canyon Avenue Studio City, CA 91604 Time: Time: Time: Time: Time: Time: Time: Time: Time: LTE electronic service.) Farm Approved for Optional Use Judicial Counei of California POS-D40(P) [Rev, July 1, 2011) ATTACHMENT TO PROOF OF SERVICE—CIVIL (PERSONS SERVED) (Proof of Service) Page Tort snnucourts.cagor ove FonnsWorkFlas4.com