John Yoder v. Western Express Inc et al
| John Yoder |
| Western Express Inc, Does 1 through 10, inclusive and Western Express Inc a Tennessee corporation doing business as Western Express Transport of California Inc |
| 5:2014cv02273 |
| November 5, 2014 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Sheri Pym |
| Labor: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 8, 2016. A more recent docket listing may be available from PACER.
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| Filing 73 Notice of Appearance or Withdrawal of Counsel: for attorney Jeff T Olsen counsel for Defendant Western Express Inc. Jeff T. Olsen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Western Express, Inc.. (Olsen, Jeff) |
| Filing 72 Notice of Appearance or Withdrawal of Counsel: for attorney Jeff T Olsen counsel for Defendant Western Express Inc. Filed by Defendant Western Express, Inc.. (Attorney Jeff T Olsen added to party Western Express Inc(pty:dft))(Olsen, Jeff) |
Filing 71
ORDER DISMISSING CLASS ACTION COMPLAINT by Judge Jesus G. Bernal re: Stipulation to Dismiss Case #70 . (See document for specifics.) (iva)
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| Filing 70 Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1) and (2) filed by Plaintiff John Yoder. (Attachments: #1 Proposed Order, #2 Declaration of Service)(Hill, James) |
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Filing 69
SCHEDULING NOTICE and ORDER by Judge Jesus G. Bernal. In light of the Notice of Settlement filed May 10, 2016, indicating that the case has settled in its entirety, this action is placed in inactive status. By June 10, 2016, the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) a motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of June 13, 2016. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates are hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS TEXT ONLY ENTRY. (vp)
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| Filing 68 NOTICE of Settlement filed by Plaintiff John Yoder. (Hill, James) |
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Filing 67
TEXT ORDER by Judge Jesus G. Bernal. The Court has reviewed Plaintiff's ex parte application (Doc. No. 64) to extend scheduling dates by 45 days, and Defendant's opposition (Doc. No. 65). The request is hereby DENIED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY
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| Filing 66 DECLARATION of R. Douglas Hanson in support of Defendant's Response to Plaintiff's Ex Parte Application and Request to Extend Scheduling Dates by Forty-Five (45) Days EX PARTE APPLICATION to Continue scheduling dates Re: Order, Set/Reset Deadlines/Hearings, Set/Reset Motion Hearing and R&R Deadlines #61 #64 filed by Defendant Western Express Inc. (Attachments: #1 Certificate of Service)(Wayland, Richard) |
| Filing 65 OPPOSITION to EX PARTE APPLICATION to Continue scheduling dates Re: Order, Set/Reset Deadlines/Hearings, Set/Reset Motion Hearing and R&R Deadlines #61 #64 filed by Defendant Western Express Inc. (Wayland, Richard) |
| Filing 64 EX PARTE APPLICATION to Continue scheduling dates Re: Order, Set/Reset Deadlines/Hearings, Set/Reset Motion Hearing and R&R Deadlines #61 filed by Plaintiff John Yoder. (Attachments: #1 Memorandum, #2 Declaration of J. Jason Hill, #3 Exhibit to Hill Declaration, #4 Proposed Order, #5 Declaration of Service) (Hill, James) |
| Filing 63 NOTICE of Change of Attorney Business or Contact Information: for attorney Paul H Duvall counsel for Defendant Western Express Inc. Changing Address and Telephone Numbers to KING & BALLOW; 1999 Avenue of the Stars; Suite 1100; Century City, CA 90067. Changing Telephone Number and Fax Number to Phone: 424.253.1255; Fax: 888.688.0482. Filed by Defendant Western Express, Inc. Paul H. Duvall. (Duvall, Paul) |
| Filing 62 NOTICE of Change of address by Richard D Marca attorney for Defendant Western Express Inc. Changing attorneys address to 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408. Filed by Defendant Western Express Inc. (Marca, Richard) |
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Filing 61
ORDER RE: JOINT STIPULATION AND REQUEST TO EXTEND SCHEDULING DATES ONE HUNDRED TWENTY (120) DAYS by Judge Jesus G. Bernal re: Stipulation to Extend Discovery Cut-Off Date #58 . (See document for specifics.) (iva)
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| Filing 60 re: Proof of Service (subsequent documents) #52 (Connor, Jennifer) |
| Filing 59 Proof of Service filed by Plaintiff John Yoder re: Proof of Service (subsequent documents) #51 (Hill, James) |
| Filing 58 First STIPULATION to Extend Discovery Cut-Off Date to March 30, 2016 filed by Plaintiff John Yoder. (Attachments: #1 Proposed Order)(Mankin, Brian) |
| Filing 57 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Proof of Service (subsequent documents) #54 , Proof of Service (subsequent documents) #52 , Proof of Service (subsequent documents) #51 , Proof of Service (subsequent documents) #55 by Judge Jesus G. Bernal. The document is stricken and counsel is ordered to file an amended or corrected document by December 1, 2015. (vp) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #54 , Proof of Service (subsequent documents) #55 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iva) |
| Filing 55 PROOF OF SERVICE filed by Plaintiff John Yoder, re Notice of Deficiency in Electronically Filed Documents (G-112A),, #53 , Notice of Appearance or Withdrawal of Counsel (G-123), #50 served on 11/5/15. (Connor, Jennifer) |
| Filing 54 PROOF OF SERVICE filed by Plaintiff John Yoder, re Notice of Deficiency in Electronically Filed Documents (G-112A),, #53 , Notice of Appearance #49 served on 11/5/15. (Hill, James) |
| Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #52 , Proof of Service (subsequent documents) #51 . The following error(s) was found: Incorrect document is attached to the docket entry.Other error(s) with document(s) are specified below: The image attached to the main document is a Notice of Appearance. Proof of service should be resubmitted with a title page. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iva) |
| Filing 52 PROOF OF SERVICE filed by Plaintiff John Yoder, served on 11/5/15 Notice of Withdrawal of Counsel. (Attachments: #1 Amended Proof of Service)(Connor, Jennifer) |
| Filing 51 PROOF OF SERVICE filed by Plaintiff John Yoder, served on 11/05/15 Notice of Appearance. (Attachments: #1 Amended Proof of Service)(Hill, James) |
| Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer L Connor counsel for Plaintiff John Yoder. Jennifer L. Connor is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plantiff John Yoder. (Attachments: #1 Proof of Service)(Connor, Jennifer) |
| Filing 49 NOTICE of Appearance filed by attorney James Jason Hill on behalf of Plaintiff John Yoder (Attachments: #1 Proof of Service Electronic)(Attorney James Jason Hill added to party John Yoder(pty:pla))(Hill, James) |
| Filing 48 Notice of Appearance or Withdrawal of Counsel: for attorney William Henry Choppin counsel for Defendant Western Express Inc. William Henry Choppin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Western Express, Inc.. (Choppin, William) |
| Filing 47 NOTICE OF FILING TRANSCRIPT filed for proceedings 10-26-2015; 9:00am re Transcript #46 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afr) TEXT ONLY ENTRY |
| Filing 46 TRANSCRIPT for proceedings held on 10-26-2015; 9:00am. Court Reporter: ADELE C. FRAZIER, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/19/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/27/2016. (afr) |
| Filing 45 MINUTES OF Order DENYING Defendants Motion for Summary Judgment held before Judge Jesus G. Bernal: Re: NOTICE OF MOTION AND MOTION for Summary Judgment #35 . (See document for specifics.) Court Reporter: Adele C. Frazier. (iva) |
| Filing 44 SCHEDULING NOTICE by Judge Jesus G. Bernal. The Court hereby continues Defendants Motion for Summary Judgment (Doc. No. 35) from 9/28/2015 to 10/26/2015 at 9:00 a.m. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 43 REPLY In Support of Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment #35 filed by Defendant Western Express Inc. (Attachments: #1 Declaration of R. Douglas Hanson, #2 Exhibit A to Declaration of R. Douglas Hanson, #3 Exhibit B to Declaration of R. Douglas Hanson, #4 Certificate of Service)(Choppin, William) |
| Filing 41 DECLARATION of Jennifer L. Connor in opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #35 filed by Plaintiff John Yoder. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Connor, Jennifer) |
| Filing 40 NOTICE OF ERRATA filed by Plaintiff John Yoder. correcting MEMORANDUM in Opposition to Motion, #39 [39-2] Declaration (Connor, Jennifer) |
| Filing 39 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #35 filed by Plaintiff John Yoder. (Attachments: #1 Request for Judicial Notice, #2 Declaration, #3 Statement of Genuine, #4 Certificate of Service)(Mankin, Brian) |
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Filing 42
ORDER RE: JOINT STIPULATION AND REQUEST TO EXTEND CERTAIN SCHEDULING DATES FIFTY (50) DAYS TO PERMIT RESOLUTION OF PENDING MOTION FOR SUMMARY JUDGMENT by Judge Jesus G. Bernal re: Stipulation for Order, #38 . (See document for specifics.) (iva)
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| Filing 38 Joint STIPULATION for Order To Extend Certain Scheduling Dates Fifty (50) Days To Permit Resolution of Pending Motion for Summary Judgment filed by Plaintiff John Yoder. (Attachments: #1 Proposed Order, #2 Declaration of Service)(Connor, Jennifer) |
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Filing 37
ORDER RE: STIPULATION TO MODIFY EXPERT DESIGNATION PURSUANT TO FRCP RULE 26(a)(2)(C) by Judge Jesus G. Bernal re: Stipulation for Order, #36 . THE COURT ORDERS as follows: 1. The expert designations shall be without report pursuant to Fed. R. Civ. P. Rule 26(a)(2)(C), but that after hearing on class certification expert reports shall be disclosed at least ninety (90) days before the date set for trial pursuant to Fed. R. Civ. P. Rule 26(a)(2)(D). (iva)
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| Filing 36 Joint STIPULATION for Order To Modify Expert Designation filed by Defendant Western Express Inc. (Attachments: #1 Proposed Order)(Choppin, William) |
| Filing 35 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant Western Express Inc. Motion set for hearing on 9/28/2015 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum Memorandum of Points and Authorities, #3 Evidence in Support of Motion for Summary Judgment, #4 Declaration Declaration of Clarence Easterday With Exhibits, #5 Declaration Declaration of R. Douglas Hanson With Exhibits, #6 Proposed Order Proposed Judgment, #7 Certificate of Service) (Choppin, William) |
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Filing 34
STIPULATED PROTECTIVE ORDER [DISCOVERY MATTER] by Magistrate Judge Sheri Pym re: Stipulation for Protective Order, #33 . (See document for specifics.) (iva)
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| Filing 33 Joint STIPULATION for Protective Order filed by defendant Western Express Inc.(Choppin, William) |
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Filing 32
ORDER RE: STIPULATION TO MODIFY EXPERT DESIGNATION SCHEDULE PURSUANT TO FRCP RULE 26(a)(2)(C) by Judge Jesus G. Bernal re: Stipulation for Order, #31 . (See document for specifics.) (iva)
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| Filing 31 STIPULATION for Order to Modify Expert Designation Schedule filed by Plaintiff John Yoder. (Attachments: #1 Proposed Order, #2 Declaration of Service)(Connor, Jennifer) |
| Filing 30 NOTICE of Appearance filed by attorney William Henry Choppin on behalf of Defendant Western Express Inc (Attorney William Henry Choppin added to party Western Express Inc(pty:dft))(Choppin, William) |
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Filing 29
MINUTE ORDER VACATING May 18, 2015 Status Conference on Class Certification Briefing Schedule (IN CHAMBERS) by Judge Jesus G. Bernal re: Scheduling Conference #23 . Accordingly, the Court VACATES the May 18, 2015 hearing. The Court DENIES AS MOOT the Parties joint stipulation to appear by telephone for the status conference. IT IS SO ORDERED. (See document for specifics.) (iva)
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| Filing 28 Joint STIPULATION for Hearing re TELEPHONE APPEARANCE AT MAY 18, 2015 STATUS CONFERENCE filed by Defendant Western Express Inc. (Attachments: #1 Proposed Order)(Marca, Richard) |
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Filing 27
ORDER RE: CLASS CERTIFICATION BRIEFING SCHEDULE by Judge Jesus G. Bernal re: Stipulation for Order #26 . (Opposition due by 10/27/2015, Reply due by 11/3/2015. Motion set for hearing on 11/16/2015 at 09:00 AM before Judge Jesus G. Bernal.)(Motion due by 10/13/2015.) (iva)
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| Filing 26 STIPULATION for Order Setting Class Certification Briefing Schedule filed by Plaintiff John Yoder. (Attachments: #1 Proposed Order, #2 Declaration of Service)(Connor, Jennifer) |
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Filing 25
ORDER by Judge Jesus G. Bernal: granting #24 Application to Substitute Attorney. Added attorney Richard D Marca for Western Express Inc. Attorney Howard B Golds terminated. (mrgo)
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| Filing 24 APPLICATION to Substitute attorney Richard D. Marca in place of attorney Howard B. Golds filed by Defendant Western Express Inc. (Attachments: #1 Proposed Order)(Golds, Howard) |
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Filing 22
CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal: Amended Pleadings due by 4/27/2015. Discovery cut-off 10/12/2015. Motions due by 12/7/2015. Last date to conduct settlement conference is 1/11/2016. Final Pretrial Conference set for 3/7/2016 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 3/22/2016 09:00 AM before Judge Jesus G. Bernal. SEE ORDER FOR DETAILS (ima)
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| Filing 23 MINUTES OF Scheduling Conference held before Judge Jesus G. Bernal. Last date to conduct settlement conference is 1/11/2016.Court Reporter: Adele C Frazier. (mrgo) |
| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 21 days, filed by Plaintiff John Yoder.. (Attachments: #1 Exhibit A - Schedule of Pretrial and Trial Dates Worksheet, #2 Declaration of Service)(Connor, Jennifer) |
| Filing 20 Proof of Service filed by Plaintiff John Yoder re: Notice of Association of Counsel #19 (Mankin, Brian) |
| Filing 19 NOTICE of Association of Counsel associating attorney Law Firm of Cohelan Khoury & Singer on behalf of Plaintiff John Yoder. Filed by Plaintiff John Yoder (Mankin, Brian) |
| Filing 18 SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 2/2/2015 at 11:00 AM before Judge Jesus G. Bernal. (wro) |
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Filing 17
ORDER by Judge Jesus G. Bernal: granting #13 Application to Appear Pro Hac Vice by Attorney Rodney Douglas Hanson on behalf of defendant Western Express Inc, designating Howard B Golds as local counsel. (ad)
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Filing 16
ORDER by Judge Jesus G. Bernal: granting #12 Application to Appear Pro Hac Vice by Attorney Richard Eddie Wayland on behalf of defendant Western Express Inc, designating Howard B Golds as local counsel. (ad)
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| Filing 15 OF SERVICE filed by Defendant Western Express Inc, [Proof of Service of Notice to Counsel from the United States District Court on Plaintiff's counsel] served on November 7, 2014. (Duvall, Paul) |
| Filing 14 OF SERVICE filed by Defendant Western Express Inc, re Notice of Removal, #1 , Corporate Disclosure Statement #5 , Notice of Related Case(s) #4 , Declaration (non-motion) #11 , Initial Order upon Filing of Complaint - form only #10 , Declaration (non-motion) #3 , Certificate/Notice of Interested Parties #2 and Civil Cover Sheet on Plaintiff's Counsel served on November 6, 2014. (Duvall, Paul) |
| Filing 13 APPLICATION for attorney Rodney Douglas Hanson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14790134 paid.) filed by Defendant Western Express Inc. (Attachments: #1 Proposed Order)(Golds, Howard) |
| Filing 12 APPLICATION for attorney Richard Eddie Wayland to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14789901 paid.) filed by Defendant Western Express Inc. (Attachments: #1 Proposed Order)(Golds, Howard) |
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 9 ANSWER to Notice of Removal, #1 , Complaint - (Discovery) [Defendant Western Express, Inc.'s Answer and Affirmative Defenses to Plaintiff's Complaint] filed by Defendant Western Express Inc.(Duvall, Paul) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (iva) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Sheri Pym. (iva) |
| Filing 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorneys R Eddie Wayland, R Douglas Hanson for Defendant Western Express Inc. Pro Hac Vice applications have not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (Attachments: #1 G-64 Appl, #2 G-64 Order) (iva) |
| Filing 11 DECLARATION of Clarence Easterday In Support re Notice of Removal, #1 filed by Defendant Western Express Inc. (iva) (iva). |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendant Western Express Inc. (iva) (iva). |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Western Express Inc. Related Case(s): None. (iva) (iva). |
| Filing 3 DECLARATION of Paul H. Duvall In Support re Notice of Removal, #1 filed by Defendant Western Express Inc. (iva) (iva). |
| Filing 2 NOTICE of Interested Parties filed by Defendant Western Express Inc. (iva) (iva). |
| Filing 1 NOTICE OF REMOVAL from San Bernardino County Superior Court, case number CIVDS1414492 with copy of summons and complaint.Case assigned to Judge Jesus G. Bernal, Discovery to Magistrate Judge Sheri Pym. Filing fee $400 paid, filed by Defendant Western Express Inc. (iva) (Additional attachment(s) added on 11/14/2014: #1 CV-71) (iva). |
| CONFORMED COPY OF STATE COURT COMPLAINT, filed by Plaintiff John Yoder, against Defendants Does, Western Express Inc. Jury Demanded. (iva) |
| PROOF OF SERVICE Executed by Plaintiff John Yoder, upon Defendant Western Express Inc served on 10/7/2014. Service of the Summons and Complaint were executed upon Kirstin Edralin Agent for Service in compliance with California Code of Civil Procedure 416.10 by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (iva) |
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