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pos040_PROOF OF SERVICE—CIVIL

pos040_PROOF OF SERVICE—CIVIL

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Published by: Salvadah on Mar 04, 2010
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FOR COURT USE ONLY 
ATTORNEY FOR
(Name): 
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
CASE NUMBER:TELEPHONE NO.:ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number, and address)
:FAX NO.
(Optional)
:
POS-040PROOF OF SERVICE—CIVIL
E-MAIL ADDRESS
(Optional)
:STREET ADDRESS:MAILING ADDRESS:CITY AND ZIP CODE:BRANCH NAME:
By MailBy Personal ServiceBy Messenger ServiceBy FaxBy Overnight DeliveryBy Electronic Service
At the time of service I was over 18 years of age and
not a party to this action.
My residence or business address is:On
(date): 
I served the following
documents
 
(specify): 
I served the documents on the
person or persons
below, as follows:a. Name of person served:b.
(Complete if service was by personal service, mail, overnight delivery, or messenger service.)
PROOF OF SERVICE—CIVIL
Code of Civil Procedure, §§ 1010.6, 1011, 1013, 1013a,2015.5; Cal. Rules of Court, rules 2.260, 2.306
www.courtinfo.ca.gov 
Form Approved for Optional UseJudicial Council of CaliforniaPOS-040 [Rev. January 1, 2010]
The documents were served by the following means
(specify): 
By personal service.
I personally delivered the documents to the persons at the addresses listed in item 5. (1) For aparty represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents,in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual incharge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was madeto the party or by leaving the documents at the party's residence with some person not younger than 18 years of agebetween the hours of eight in the morning and six in the evening.
JUDGE:DEPT.:
(Do not use this proof of service to show service of a Summons and complaint.) 
Check method of service
(only one): 
The documents are listed in the
Attachment to Proof of Service–Civil (Documents Served)
(form POS-040(D)).Fax number or electronic notification address where person was served:Time of service: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)).
PLAINTIFF/PETITIONER:DEFENDANT/RESPONDENT:
(Proof of Service)
The fax number or electronic notification address from which I served the documents is
(complete if service was by fax or electronic service): 
3.4.5.(1)c.6.Business or residential address where person was served:a.
(Complete if service was by fax or electronic service.)
(2)1.2.
(Continued on next page)
 
To keep other people fromseeing what you entered onyour form, please press theClear This Form button at theend of the form when finished.
SALY PHENG & SOKHAMONY PHENG636 PIONEER AVE LATHROP CALIFONIA 95330
209-982-0236SLPHENG@MSN.COMPRO PERSAN JOAQUIN475 E. 10TH STREET475 E. 10TH ST. LATHROP CA 95376LATHROP CA 95376TRACY BRANCHDUETSCHE BANK, NEW CENTURY MORTGSALY PHENG & SOKHAMONY39-2010-00235395-CL-U
RESIDENT: 636 PIONEER AVE, LATHROP, CALIFORNIA 9533002-27-2010UD-105 (UNLAWFUL-DETAINER), SUM-130 (UNLAWFUL-DETAINER-EVICTION)SHORT TITLE: "DEUTSCHE BANK v. PHENG"
RANDALL D. NAIMAN Esq. FOR (DUETSCHE BANK NATIONAL)NAIMAN LAW GROUP, PC 4660 La Jolla Village Drive, Suite 500, SAN DIEGO, CA 92122
 
CASE NAMECASE NUMBER:
b.
By United States mail.
I enclosed the documents in a sealed envelope or package addressed to the persons at theaddresses in item 5 and
(specify one): 
(1) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.(2) placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiarwith this business's practice for collecting and processing correspondence for mailing. On the same day thatcorrespondence is placed for collection and mailing, it is deposited in the ordinary course of business with theUnited States Postal Service, in a sealed envelope with postage fully prepaid.c.
By overnight delivery.
I enclosed the documents in an envelope or package provided by an overnight deliverycarrier and addressed to the persons at the addresses in item 5. I placed the envelope or package for collectionand overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier.d.
By messenger service.
I served the documents by placing them in an envelope or package addressed to the personsat 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, I faxed the documentsto the persons at the fax numbers listed in item 5. No error was reported by the fax machine that I used. A copy of therecord of the fax transmission, which I printed out, is attached.
By electronic service.
Based on a court order or an agreement of the parties to accept service by electronic transmission,I caused the documents to be sent to the persons at the electronic notification addresses listed in item 5.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Date:
(TYPE OR PRINT NAME OF DECLARANT)(SIGNATURE OF DECLARANT)
DECLARATION OF MESSENGERBy personal service.
I personally delivered the envelope or package received from the declarant above to the persons at theaddresses listed in item 5. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney'soffice by leaving the documents in an envelope or package, which was clearly labeled to identify the attorney being served,with a receptionist or an individual in charge of 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 youngerthan 18 years of age between the hours of eight in the morning and six in the evening.
PROOF OF SERVICE—CIVIL
POS-040 [Rev. January 1, 2010]
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)
 ___________________________________________ 
 ______________________________________  ___________________________________________ 
(If item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.)
I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state): 
(Proof of Service)
 __________________________________________ 
e.f.6.At the time of service, I was over 18 years of age. I am not a party to the above-referenced legal proceeding.I served the envelope or package, as stated above, on
(date): 
POS-040
DUETSCHE BANK v. PHENG
39-2010-00235395-CL-UD-TRA
FEBRUARY 27, 2010PHENG, SALY

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