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).

As a result, the substitute service attempts on Respondents do not comply with the code.

Service By Mail CCP 415.30. Service by mail; Articles mailed; Form of notice; When service complete; Liability for expense on failure to return acknowledgment; Approved form (a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender. ... (e) A notice or acknowledgment of receipt in form approved by the Judicial Council is deemed to comply with this section.

The approved Judicial Council form for notice and acknowledgement of receipt is POS-015. The Judicial Council indicates this is a mandatory form. Because it is a mandatory form, Petitioner’s filing of an “Acknowledgment and Acceptance of Service” is not sufficient. If Petitioner is inclined to proceed with service in this fashion, completed POS-015 forms are required. The Petition is continued to June 10, 2026, at 9:00am for Petitioner to effectuate service and to accommodate the time period for Respondents to provide a responsive pleading.

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11. 26CV00104 Jennifer L Mitchell LLC v. Burgess and Sons Construction LLC

EVENT: Motion for Prevailing Party Attorney Fees

Motion for Prevailing Party Attorney Fees is GRANTED. Attorney fees and costs are awarded in the sum of $4,312.79. The Court will sign the proposed order.

12. 26CV00246 In re: Siemeng, Matthew

EVENT: Change of name (adult)

The Court is in receipt of the proof of publication and will sign the decree provided.

13-15. 26CV00449 Layman, Zeke v. Autumn Creek Post Acute

EVENT: (1) Petition for Alternative Writ of Mandate (2) OSC re: Preliminary Injunction (3) Motion for Temporary Restraining Order

In light of the Amended Petition filed on March 16, 2026, the OSC re: preliminary injunction is moot. (The Court notes that the TRO was previously denied) Because Respondents have yet to appear in the case, the filing of the Amended Petition re-sets Petitioner’s service of process obligations. Under these circumstances, the Amended Petition must be served consistent with the rules regarding the service of summons. (See Engebretson & Co. v. Harrison (1981) 125 Cal.App.3d 436, 442) The proof of service filed on 3/16/26 with respect to the Amended Petition does not meet the service requirements of the service of summons. Because the Amended Petition does not indicate what type of entity Respondent is (i.e. a corporation, a DBA, etc.) it is unclear

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