Arthur Nicholas Gilreath v. Corten Bach et al

Filing 43

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED AGAINST DEFENDANT CORTEN BACH FOR LACK OF PROSECUTION by Magistrate Judge John E. McDermott. Response to Order to Show Cause due by 11/3/2017. [See Order for details.] (Attachments: # 1 Proof of Service Form, # 2 Notice of Dismissal Form) (san)

one non
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Sfafe Bai number, and address):

TELEPHONE NO.'.

FOR COURT USE ONLY

FAX NO.(Optionaq:

E—MAIL ADDRESS (Optional)
ATTORNEY FOR (Name)'

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS
CITY AND ZIP CODE:
BRANCH NAME:

PLAINTIFF/PETITIONER:

case NUMeeR.

DEFENDANT/RESPONDENT:
Ref. No. or File No.'

PROOF OF SERVICE OF SUMMONS
(
Separate proof of service is required for each party served.)
1. At the time of service I was at least 18 years of age and not a party to this action.
2 I served copies of:
.
a• Q summons
b~ 0 complaint
c. 0 Alternative Dispute Resolution (ADR) package
d. 0 Civil Case Cover Sheet (served in complex cases only)
e. 0 cross-complaint
f ~ other (specify documents):
.
3 a. Party served (specify name of party as shown on documents served):
.

b.
0 Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent(and not a person
under item 5b on whom substituted service was made)(specify name and relationship to the party named in item 3a):
4.

Address where the party was served:

5.

I served the party (check proper box)
a. 0 by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to
receive service of process for the party (1) on (date):
(2) at (time):
b. 0 by substituted service. On (date):
I left the documents listed in item 2 with or
at (time):
in the presence of(name and title or relationship to person indicated in item 3):
(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.
( ~ (home)a competent rr~ember of the household (at least 18 years of age) at the dwelling house or usual
2)
place of abode of the party. I informed him or her of the general nature of the papers.
( 0 (physical address unknown)a person at least 18 years of age apparently in charge at the usual mailing
3)
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.
C4 ~ 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
or~ a declaration of mailing is attached.
(
date):
from (city):
L5) ~ I attach a declaration of diligence stating actions taken first to attempt personal service.
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Forth Adopted for Mandatory Use
Judicial Council of California
POS-010 Rev. January 1,2007]

PROOF OF SERVICE OF SUMMONS

Code of Civil Procedure, § 417.10

cnse NUMSEz.

~

PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:

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,

(1) on (date):

(2) from (city):

C3)
0with two copies of the Notice and Acknowledgment of Receipt and apostage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.)(Code Civ. Proc., § 415.30.)
( 0 to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
4)
d. Q by other means (specify means of service and authorizing code section):

Additional page describing service is attached.
6 The "Notice to the Person Served"(on the summons) was corr,pleted as follows:
.
a. 0 as an individual defendant.
b~ 0 as the person sued under the fictitious name of (specify):
~• ~ as occupant.
d ~ ~ On behalf of (specify):
under the following Code of Civil Procedure section:
~
~
D
D
~

416.10 (corporation)
416.20 (defunct corporation)
416.30 (joint stock company/association)
416.40 (association or partnership)
416.50 (public entity)

D 415.95(business organization, form unknown)
~ 416.60 (minor)
C~ 416.70(ward or conservatee)
0416.90 (authorized person)
~ 415.46 (occupant}
other:

7. Person who served papers
a. Name:
b. Address:
c. Telephone number:
d. The fee for service was: $
e. I am:
(1) ~ not a registered California process server.
( 0 exempt from registration under Business and Professions Code section 22350(b).
2)
( ~ a registered California process server:
3)
(i) ~ owner 0
employee 0independent contractor.
(ii) Registration No.:
(iii) County:
$• 0 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9. 0 I am a California sheriff or marshal and I certify that the foregoing is true anti correct.
Date:

(NAME OF PERSON WHO SERVED PAPERSlSHERIFF OR MARSHAL)

POS-010 [Rev. January 1, 2007]

PE200F OF SEFZVICiE OF SUMMONS

(SIGNATURE )

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