Excerpt: ...the following analysis: California Rules of Court, rule 3.1362, subdivision (d) sets forth the service requirements when counsel seeks to be relieved pursuant to Code of Civil Procedure section 284, subdivision (2). The declaration filed on March 16, 2018, in support of the instant motion states that counsel personally served Plaintiff with copies of the motion papers and that a copy of the proof of service will be filed at least five days prior ...

Excerpt: ...owes to Plaintiffs Norman F. Perry and Tera Oblender‐Perry pursuant to paragraph 6 of the stipulated judgment. However, Mr. Perry has not filed any actual evidence of either Plaintiffs' compliance or Mr. Shea's noncompliance with the terms of the stipulated judgment. ...

Excerpt: ...otion states that counsel personally served Plaintiff with copies of the motion papers and that a copy of the proof of service will be filed at least five days prior to the hearing. However, as of June 27, 2018, Plaintiff's counsel had not filed proof of personal service. Instead, the proof of service filed on March 16, 2018, and the amended proof of service filed on March 28, 2018, reflect service by U.S. mail. The supporting declaration does no...

Excerpt: ...ner. Paragraph 5 of the complaint explains that the six named defendants are not natural persons but instead are a public entity: the California Department of Corrections and Rehabilitation. On January 27, 2017, Plaintiff filed proofs of service of the summons, complaint, and other documents on these six persons in their capacities as individual defendants. Service was completed by a clerk in the sheriff's office in Sonora. The proofs of service ...