Professional Documents
Culture Documents
26 Please take notice that Plaintiff DAVID F. JADWIN, D.O. is hereby filing his Notice of Filing of
27 Proof of Service of Summons and Complaint on Defendants COUNTY OF KERN and Mr. PETER
1:07-cv-26-oww-tag
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al.
Ref. No. or File No.:
(1) (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. I informed him or her of the general nature of the papers.
(2) (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. I informed him or her of the general nature of the papers.
(3) (physical address unknown) a person at least 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. I informed
him or her of the general nature of the papers.
(4) I 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). I mailed the documents on
(date): from (city): or a declaration of mailing is attached.
(5) I attach a declaration of diligence stating actions taken first to attempt personal service.
Page 1 of 2
1:07-cv-26-oww-tag
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al.
5. c. ✔ by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
6. The "Notice to the Person Served" (on the summons) was completed as follows:
a. ✔ as an individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as occupant.
d. On behalf of (specify):
under the following Code of Civil Procedure section:
416.10 (corporation) 415.95 (business organization, form unknown)
416.20 (defunct corporation) 416.60 (minor)
416.30 (joint stock company/association) 416.70 (ward or conservatee)
416.40 (association or partnership) 416.90 (authorized person)
416.50 (public entity) 415.46 (occupant)
other:
7. Person who served papers
a. Name: Eugene D. Lee
b. Address: 555 W 5th St Ste 3100 Los Angeles CA 90013
c. Telephone number: 213-992-3299
d. The fee for service was: $ 0
e. I am:
(1) ✔ not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) a registered California process server:
(i) owner employee independent contractor.
(ii) Registration No.:
(iii) County:
8. ✔ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.
Eugene D. Lee
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE )
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6 NOTICE OF APPEARANCE
19
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
20 UNAVAILABILITY.
21 RELATED CASES
23 ( ) Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:
24
Signature of counsel of record or pro se litigant: Signature of counsel who will argue
25 the appeal, if different:
• Comple
Document 21
-
Page 6 of 9
Peter K.
K. Bryan
6424 S Abilene St
St
Englewood, CO 80111-2428 3. Type
Type
lfIad Mall 0 Express Mall
[:J Reglstered for MerchandlS'
[:J Return Receipt for
[:J Insured Mail [:J C.O.D.
4. Restricted Delivery? (Extra
(Extra Fee) [:J Yes
[:J
2. Article Number
(Transfer from service label)
from service label)
7006 0810 0002 9161 7958
PS Form 3811, February 2004 Domestic Return Receipt 102595-0
FROM (MON)APR 92007 11:30/ST.ll:29/No.7500000309 P 3
v. PROOF OF SERVICE
SUMMONS AND COMPLAINT
ABRAHAM Defendant(s) (Use separate proof of selVice for each penon/party served)
1. At the time of service I was at least 18 years of age and not a party to this action and I served copies of the (specify documents):
a. 0 summons 00 complaint 0 alias summons 0 first ammended complaint
o second amended complaint
o third amended complaint
00
other (specify): Summons in a Civil Case; First Amended Complaint; Order Setting Mandatory Scheduling Conference;
Standing Order in all Civil Case Assigned to U.S. District JUdge Oliver W. Wanger; Standing Order in all Civil Case
Assigned to U.S. District Judge Lawrence J. O'Neill; VDR Form
2. Person served:
a. lID Defendant (name:) DENISE PENNELL, CLERK OF THE BOARD OF SUPERVISORS, KERN COUNTY
b. 0 Other (specify name and title or relationship to the party/business named):
c. lID Address where the papers were served:
1115 TRUXTON AVENUE
BAKERSFIELD, CA 93301
3. Manner of Service in compliance with (the appropriate box must be checked):
a. lID Federal Rules of Civil Procedure
b. 0 California Code of Civil Procedure
4. I served the person named in Item 2:
a. lID By Personal Service. By personally delivering copies. If the person is a minor, by leaving copies with a parent, guardian,
conservator or similar fiduciary and to the minor if at least twelve (12) years of age.
1. lID Papers were served on (date): 0311212007 at (time): 11:49 am
b. 0 By Substituted Service. By leaving copies:
1. 0 (home) at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a
competent member of the household, at least 18 years of age, who was informed of the general nature of the papers.
2. 0 (business) or a person apparently in charge of the office, or place of business, at least 18 years of age, who was informed
of the general nature of the papers.
3. 0 Papers were served on (date): at (time):
4. 0 by mailing (by first-class mail, postage prepaid) copies to the person served in Item 2(b) at the place where the copies were
left in Item 2(c).
5. 0 papers were mailed on (date):
6. 0 due diligence. I made at least three (3) attempts to personally serve the defendant.
CV·11LA23811D
FROM
(MON)APR 92007 11:31/ST.ll:29/No.7500000309 P 4
c. 0 Mail and acknowledgment of service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served,
with two (2) copies of the form of Waiver of Service of Summons and Complaint and a return envelope, postage prepaid
addressed to the sender. (Attach completed Waiver of Service of summons and Complaint).
d. 0 Service on domestic corporation, unincorporated association (including partnership), or public entity. (F.R.Civ.P.4(h»
(C.C.P.416.10) By delivering, during usual business hours, a copy of the summons and complaint to an officer, a managing or
general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one
authorized by statute and the statute so requires, by also mailing, by first-class mail, postage prepaid, a copy to the defendant.
e. 0 Substituted service on domestic corporation, unincorporated association (including partnership), or public entity.
(C.C.P. 415.20 only) By leaving during usual business hours, a copy of the summons and complaint in the office of the person
served with the person who apparently was in charge and thereafter by mailing (by first-class mail, postage prepaid) copies of
the persons at the place where the copies were left in full complianc~ wnh C,C.P. 415.20 Substitute service upon the California
Secretary of State requires a court order. (AttaCh a copy of the order to this Proof of Service.)
f. 0 Service on a foreign corporation. In any manner prescribed for individuals by FRCP 4(f)
g. 0 Certified or registered mail service. By mailing to an address outside Califomia (by first-class mail, postage prepaid,
requiring a return receipt) copies to the person served. (Attach signed return receipt or other evidence of actual receipt by
the person served).
a. 0 by delivering a copy of the summons and complaint to the clerical employee designated by the U.S. Attorney authorized to
accept service, pursuant to the procedures for the Office of the U.S. Attorney for acceptance of service, or by sending a copy of
the summons and complaint by registered or certified mail addressed to the civil procecss clerk at the U.S. Attorneys Office.
6. At the time of service I was at least 18 years of age and not a party to this action.
7. Person serving (name. address and telephone number): a. Fee for service: $ 75.00
Vincent J. Staley b. 0 Not a registered Califomia process server
8. 0 I am a California sheriff, marshal, or constable and I certify that the foregoing is true and correct.
I declare under penalty of perjury that the foregoing is true and correct.
1 CERTIFICATE OF SERVICE
2 I, the undersigned, hereby declare:
3 I am a resident of Los Angeles in the State of California. I am over the age of 18 and not a party
to the action described herein. I am employed in the County of Los Angeles, California. My business
4 address is LAW OFFICE OF EUGENE LEE, 555 West Fifth Street, Suite 3100, Los Angeles, CA
90013. I served the following:
5
NOTICE OF FILING PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT
6
on the following parties in this action and/or their attorneys, who are not registered participants of the
7 CM/ECF System, addressed as follows:
8 Mark Wasser
Law Office of Mark Wasser
9 400 Capitol Mall Ste 1100
Sacramento, CA 95814
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BY UNITED STATES MAIL: I enclosed the document(s) listed above in a sealed envelope
12 with postage thereon fully prepaid, addressed to the person(s) listed above, and deposited the sealed
envelope with the United States Postal Service at Los Angeles, California. I am aware that on motion of
13 the party served, service is presumed invalid if postal cancellation date or postage meter date is more
than one day after date of deposit for mailing in affidavit.
14
FEDERAL: I declare under penalty of perjury under the laws of the United States of America
15 that the above is true and correct and that I took said actions at the direction of a licensed attorney
authorized to practice before this Federal Court.
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Executed on April 16, 2007, at Los Angeles, California.
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__________________________________
20
Eugene D. Lee
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