Nadine C Bourell-Montoya, Trustee of the NRT Revocable Living Trust v. Young, James

CCP 128.5 The motion is DENIED. The Court finds the moving papers fail to provide sufficient evidence of subjective bad faith on the part of Plaintiff and Plaintiff’s counsel.

Sanctions Based on the Court’s finding that Plaintiff’s refusal to dismiss Defendant is completely without merit, pursuant to CCP 128.7(d) Defendant is hereby dismissed with prejudice. Additionally, Plaintiff and Plaintiff’s counsel are directed to pay Defendant’s reasonable attorney fees incurred in the amount of $6,300. Plaintiff and Plaintiff’s counsel are jointly and severally liable for that amount. Defendant shall prepare and submit a form of order consistent with this ruling within two weeks.

10. 25CV05051 Nadine C Bourell-Montoya, Trustee of the NRT Revocable Living Trust v. Young, James

EVENT: Petition for Partition in Kind (Continued from 2/4/26)

The Court acknowledges Petitioner has attempted to serve Respondents through substitute service (governed by CCP 415.20(b)) and through mail (governed by CCP 415.30).

Substitute Service CCP 415.20 Alternate summons service; Office, mail, and diligence requirements (b) (1) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, 9|Page

usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of their office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by United States Postal Service first-class mail, Priority Mail with tracking, or Certified Mail with return receipt requested, with postage prepaid, to the person to be served at the place where a copy of the summons and complaint were left.

Service of a summons in this manner is deemed complete on the 10th day after the mailing. (2) For purposes of this subdivision, a party shows reasonable diligence by attempting personal delivery of the summons and complaint, in good faith, on at least three occasions on three different days at three different times. Here, box 5(b)(5) which pertains to a declaration of diligence is unchecked. The Court is not finding a declaration of diligence in the file indicating the individual who effectuated substitute service first made (3) attempts at personal service as required by CCP 415.20(b)(2).