DAVID R. DONADIO, ESQ., S.B. #154436
`NANCY T. WILLIAMS, ESQ., S.B. #201095
`nwilliams@braytonlaw.com
`BRAYTON PURCELL LLP
`Attorneys at Law
`222 Rush Landing Road
`P.O. Box 6169
`Novato, California 94948
`(415) 898-1555
`Tentative Ruling Contest Email: motions@braytonlaw.com
`
`Attorneys for Plaintiffs
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`10/23/2024
`Clerk of the Court
`BY: SANDRA SCHIRO
`Deputy Clerk
`
`SUPERIOR COURT OF CALIFORNIA
`
`COUNTY OF SAN FRANCISCO
`
`BEAUMONT UDOVCH, as Successor-in-
`Interest to and as Wrongful Death Heir of
`DALLAS UDOVCH, Deceased; and
`AUSTYN UDOVCH; SPENSER
`UDOVCH; and DENNISON UDOVCH,
`By and through his Guardian ad Litem
`KOEN LAV, as Wrongful Death Heirs of
`DALLAS UDOVCH, Deceased,
`
`vs.
`
`Plaintiffs,
`
`WESTBURNE SUPPLY, INC., et al.,
`
`Defendants.
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`
`
`ASBESTOS
`No. CGC-23-277128
`
`DECLARATION OF MONTIE DERBY IN
`SUPPORT OF EX PARTE APPLICATION
`FOR ORDER AUTHORIZING SERVICE
`OF SUMMONS ON DEFENDANT
`SLAKEY BROTHERS OAKLAND, INC.
`(ENTITY NO. C0319236), BY DELIVERY
`OF PROCESS TO SECRETARY OF
`STATE
`
`[C.C.P. § 416.20(b); Corp. Code § 2011(b);
`Former Corp. Code § 3305]
`
`Dept.: 301, Hon. Rochelle C. East
`Trial Date: N/A
`Action Filed: May 11, 2023
`WD Amended: July 31, 2024
`
`
`
`
`
`I, Montie Derby, declare and state as follows:
`
`1. I am over the age of 18, am not a party to the within action, and am employed as a
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`paralegal with the law firm of Brayton Purcell LLP. I make this declaration in support of
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`plaintiffs’ application for Order allowing service of SLAKEY BROTHERS OAKLAND, INC.,
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`to be made by delivery of process to the California Secretary of State.
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`2. The entity in question is SLAKEY BROTHERS OAKLAND, INC., which, in the
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`records of the California Secretary of State, has the Entity Number C0319236. This entity is
`
`///
`
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`K:\Injured\129289\PLD\DECL JMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONS ON DEFENDANT SLAKEY BROTHERS OAKLAND, INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
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`(415) 898-1555
`
`NOVATO, CALIFORNIA 94948-6169
`
`P O BOX 6169
`
`222 RUSH LANDING ROAD
`
`ATTORNEYS AT LAW
`
`BRAYTONPURCELL LLP
`
`
`

`

`SoOoSDDBDAHBRWDYN
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`NOwoNONOWNWNKNNONOHeeHeKeFeeeeeeeeeeooSNDHWTFBPWONYKY§DBCOFeADDnFRWDNYFSCS
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`hereinafter referred to as SLAKEY BROTHERS OAKLAND, INC., or alternatively as
`
`“Defendant.”
`
`On February 3, 2022, November9, 2023, and again on August 27, 2024, I ran a business
`
`search for SLAKEY BROTHERS OAKLAND, INC. on the California Secretary of State’s
`
`website. It returned one result, SLAKEY BROTHERS OAKLAND, INC., Entity
`
`No. C0319236. Per the business entity detail, this corporation filed on April 16, 1956, and has
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`been suspended. No agent for service or any other officer or personis listed on the Status
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`Inquiry information from the Secretary of State.
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`3. On February 3, 2022, November9, 2023, and again on August 27, 2024, I ran the
`
`same search of the California Secretary of State’s records in Lexis.com. That search returned
`
`the same information obtained from the California Secretary of State’s website. Lexis also
`
`provided the following additional information: The corporation was suspendedby the
`
`Franchise Tax Board on April 6, 1971. Lexis does not provide the name of anyoneassociated
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`with this entity in their records; there is no listing for an agent for service of process, nor any
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`agent for service address or corporation addresslisted.
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`4, On February 3, 2022, November9, 2023, and again on August 27, 2024, I checked
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`Google.com by using the function to require all words to be in the exact order; this is done by
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`placing quotation marks on either side of the phrase. This resulted in two pagesofresults,
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`when movingto the second page, the list resolved at twelve (12) webpageresults for the
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`“SLAKEY BROTHERS OAKLAND, INC.”search on Google.com.
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`I reviewed each ofthe hits
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`on Google. It appeared to be information parroted from the Secretary of State Website and did
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`not identify the whereabouts of an agent for service of process, nor any address for corporation.
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`None of the websites indicated this entity is currently in business.
`
`5. On February 3, 2022, November9, 2023, and again on August 27, 2024, I ran
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`searches on telephonedirectory websitesaffiliated with AT&T, namely Anywho.com (white
`
`pages) and YP.com (yellow pages).
`
`I found no companyin the San Francisco Bay area
`
`operating by the nnme SLAKEY BROTHERS OAKLAND, INC., in anything related to the
`
`2
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

`SoOoSDDBDAHBRWDYN
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`type of business said defendant was engaged in.
`
`I searched the consumerevaluation website
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`Yelp.com and did notfind anylisting.
`
`6. A fellow Brayton%*Purcell LLP staff member ordered and receivedall the
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`corporation documents on file with the California Secretary of State for SLAKEY BROTHERS
`
`OAKLAND, INC.
`
`7. The documents received from the California Secretary of State are as follows:
`
`°
`
`e
`
`e
`
`°
`
`e
`
`e
`
`e
`
`Articles of Incorporation of Slakey Brothers Oakland,Inc., Signed 3/22/1956,
`Filed 4/6/1956;
`
`Certificate of Determination of Preferences of Preferred Shares of Slakey
`Brothers Oakland,Inc. (and attached Excerpt of Minutes), Filed August 29,
`1957;
`
`Certificate of Amendmentof Articles of Incorporation of Slakey Brothers
`Oakland, Inc. (and attached Written Consent of Shareholders), Signed
`3/21/1963, Filed 6/19/1963;
`
`Four(4) “Slakey Brothers Oakland, Inc. Certificate of Onwnership” documents,
`each signed April 25, 1965 andfiled July 15, 1965 on the mergerof the
`following:
`(1) Slakey Brothers San Francisco, Inc. into Slakey Brothers
`Oakland, Inc.; (2) Slakey Brothers Richmond,Inc. into Slakey Brothers Oakland,
`Inc.; (3) Slakey Brothers Hayward,Inc. into Slakey Brothers Oakland,Inc.; (4)
`Slakey Brothers Petaluma, Inc. into Slakey Brothers Oakland,Inc.;
`
`Agreementof Merger, Signed August 6, 1965, Filed September 8, 1965;
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`Certificate of Issuance of Permit, Signed August 11, 1965; and
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`Certificate of Officers of Slakey Brothers Oakland,Inc. as to Merger
`Proceedings, Signed August 6, 1965, Filed August 8, 1965.
`
`These documents received from the California Secretary of State are attached hereto
`
`marked as Exhibit “A.” On February 3, 2022, November 9, 2023, and again on August 27,
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`2024, I searched the California Secretary of State as to SEAKEY BROTHERS OAKLAND,
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`INC., and I do not see any other documentslisted.
`
`8. On February 3, 2022, I carefully reviewed these documents and identified therein six
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`(6) personsidentified as either directors or officers who mightbe eligible to accept service of
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`process on behalf of the corporation. The following are the details of my attempts to locate and
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`contact these six (6) persons, all of whom I found to be deceased:
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`3
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

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`Name: Georgia E. Slakey
`
`Association with Defendant: Identified as an incorporating director in the Articles of
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`Incorporation. Identified as Secretary in the following: Certificate of Determination of
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`Preferences of Preferred Shares of Slakey Brothers Oakland, Inc.; Certificate of Amendment of
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`Articles of Incorporation of Slakey Brothers Oakland, Inc.; Agreement of Merger; and
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`Certificate of Officers of Slakey Brothers Oakland, Inc. as to Merger Proceedings.
`
`Identifying Information: Address on the Articles of Incorporation (signed in 1956) says she
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`lived in Piedmont, California.
`
`Conclusion Based on My Search: Deceased. Died in 1974.
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`Search Results: The age of majority in California at the time of the signing of the Articles of
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`Incorporation in 1946 was 21 years of age. A person who wasat least 21 in 1946 would be at
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`over 92 years old. As Ms. Slakey could be no younger than 92 years old, I began my
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`investigation with a search ofthe records of the California Death Index, a database compiled by
`
`the California Department of Health Services, Office of Health Information and Research, Vital
`
`Statistics Section. This is a repository of information on the deaths of over 9.3 million
`
`Californians who died between 1940 and 1997.
`
`I searched for anyone named Georgia Slakey.
`
`This resulted in only one person: Georgia E.Slakey, born May 7, 1909, in California, who died
`
`in Alameda County on March 17, 1974. The Death Index did not provide her Social Security
`
`Number.
`
`I located a copy of the March 19, 1974 edition of the Santa Cruz Sentinel (newspaper) of
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`Santa Cruz, California. On page 20 is an obituary of Georgia E.Slakey: “Georgia Slakey Dies
`
`In Oakland. Georgia E.Slakey, 64, former resident of the Santa Cruz area, died Wednesday in
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`Oakland following a short illness. A native of California, she lived most of herlife in Oakland,
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`but movedto this area eight or nine years before returning to Oakland about two years ago. She
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`waspast president of the Holy Family Guild and St. Leo's Mother's Club, both of Oakland.”
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`The obituary goes on to identify her surviving spouse as William H. Slakey. A person whodied
`
`at age 64 in 1974 would have been born around 1910.
`
`4
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

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`Bythe association with the Oakland area (having lived in Piedmont) and having been
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`married to William H. Slakey, who wasidentified on the Articles as having the same address, it
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`is clear to me that the Georgia E. Slakey died in 1974.
`
`Name: William H. Slakey
`
`Association with Defendant: Identified as an incorporating director in the Articles of
`
`Incorporation. Identified as President in the following documents: Certificate of Determination
`
`of Preferences of Preferred Shares of Slakey Brothers Oakland, Inc.; Certificate of Amendment
`
`of Articles of Incorporation of Slakey Brothers Oakland, Inc.; Agreement of Merger; and
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`Certificate of Officers of Slakey Brothers Oakland, Inc. as to Merger Proceedings.
`
`Identifying Information: Address on the Articles of Incorporation (signed in 1956) says he lived
`
`in Piedmont, California.
`
`Conclusion Based on My Search: Deceased. Died in 1984.
`
`Search Results:
`
`I searched the California Death Index, a database compiled by the California
`
`Department of Health Services Office of Health Information and Research, Vital Statistics
`
`Section for anyone named William Slakey. This resulted in only two persons, one of whom
`
`was born 17 years after the Articles were signed. This left only one person: William Henry
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`Slakey, born May 27, 1904, who died in Alameda County on December17, 1984. The Death
`
`Index provided a Social Security Number which I do not repeat her out of confidentiality
`
`concerns. Using that number, I searched the U.S. Social Security Administration's Death Index
`
`and confirmedthat this same person is deceased. This age and location of death comport with
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`the information associated with his wife, Georgia E. Slakey, detailed above.
`
`I searched the
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`1940 U.S. Census records and located a record that William H. Slakey and Georgia Slakey,
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`approximately 35 and 30, respectively, lived with son Michael J. Slakey in Sacramento,
`
`California. The Census record shows them as husband and wife. The obituary of Georgia
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`Slakey identified her Michael James Slakey as a son. A person who was 35 in 1940 would have
`
`been born around 1905. This puts them all associated together and makesit apparent that the
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`William H. Slakey associated with the defendant died in 1984.
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`5
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

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`Name: RogerL. Slakey
`
`Association with Defendant: Identified as an incorporating director in the Articles of
`
`Incorporation.
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`Identifying Information: Address on the Articles of Incorporation (signed in 1956) says
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`Sacramento, California.
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`Conclusion Based on My Search: Deceased. Died in 1979.
`
`Search Results:
`
`I searched the 1930 Census for information on any RogerL. Slakey residing at
`
`1851 - 11 Avenue in Sacramento andI found a record that Roger L. Slakey and Abbie M.
`
`Slakey resided there at the time of the Census. The Census record shows them as husband and
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`wife.
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`I searched the 1940 Census and found the same couplestill residing in Sacramento,
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`showing that Roger was approximately 39 and Abbie M. Slakey approximately 38. A person
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`who was approximately 39 in 1940 would have been born about 1902.
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`I searched the California
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`Death Index and found only one Roger Slakey: Roger Louis Slakey, born on February 28, 1902,
`
`and who died in Sacramento County on November23, 1979. The Death Index provided a
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`Social Security Number which I do not repeat her out of confidentiality concerns. Using that
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`number, I searched the U.S. Social Security Administration's Death Index and confirmed that
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`this same person is deceased.
`
`Using this information, I searched the genealogical search website, FindAGrave.com.
`
`I
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`searched for the names of anyone named RogerSlakey in California and it resulted in only one
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`hit: Roger L. Slakey. The record shows that Roger L. Slakey was born in 1902 and died in
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`1979, and is buried at Saint Marys Catholic Cemetery and Mausoleum, Sacramento, California,
`
`in a plot with Marie Slakey (1901-1991). The record shows a photograph oftheir tombstones
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`and they sit next to each other.
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`I surmise that Abbie M. Slakey’s middle name was Marie. As
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`this is the only Roger L. Slakey found in these searches, and noting the location of death, and
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`the age relative to the Census record, and the death index information, and association with a
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`wife Abbie Marie Slakey, it is apparent to me that the Roger L. Slakey associated with
`
`SLAKEY BROTHERS OAKLAND, INC. died in 1979.
`
`6
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

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`Name: Michael J. Slakey
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`Association with Defendant: Identified in the four Certificate of Ownership documents signed
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`April 24, 1965 as Executive Vice President.
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`Identifying Information: None.
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`Conclusion Based on My Search: Deceased.
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`Search Results: The 1974 Obituary of Georgia E. Slakey published in the Santa Cruz Sentinel
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`states that she was survived by her son, Michael James Slakey. The 1940 U.S. Censusas to
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`William H. Slakey and Georgia E. Slakey show a child in the household named MichaelJ.
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`Slakey. That Census record approximates the age of Michael J. Slakey as 8. A person who was
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`approximately 8 in 1940 would have been born in 1931 or 1932. A person who was bor atthat
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`time would be over 85 years old today.
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`Using these details, and information on his parents, I obtained a copy ofthe obituary of
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`Michael James Slakey publishedin the July 13, 2016 edition of the Virgin Islands Daily News.
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`It states that “Michael James Slakey, a native of California and longtime St. Thomasresident,
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`passed away on July 10, 2016, at Schneider Hospital after complications brought on by a broken
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`hip. He was 84 years old.” The obituary goes on to state that he was preceded in death by his
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`parents, William and Georgia. Thearticle states he a long career selling plumbing/mechanical
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`supplies.
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`I note that the Articles of Incorporation for SLAKEY BROTHERS OAKLAND,
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`INC., at Article V., states the intention to work in the area of plumbing and mechanical
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`supplies. It is apparent to me that the Michael J. Slakey associated with defendant is deceased.
`
`Name: James Harris
`
`Association with Defendant: Identified in the four Certificate of Ownership filings of July 15,
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`1965 as Assistant Secretary.
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`Identifying Information: None.
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`Conclusion Based on My Search: Deceased
`
`Search Results: The only identifier we have for this “James Harris” is his association as
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`Assistant Secretary of defendant. No documentgives and address or a middle name. His
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`7
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

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`signature does not appear to show a middle nameorinitial either. Nevertheless, I attempted to
`
`find “James Harris.”
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`I obtained a copy of the March 18, 1945 edition of the Oakland Tribune newspaper and
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`found an article mentioning the engagement between Kathryn Finnerty and James Howard
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`Harris. Thearticle explains that Ms. Finnerty is the sister of “Mrs. William H. Slakey of Blair
`
`Avenue, Piedmont.” I note that the Articles of Incorporation show that the William H. Slakey,
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`the President of SLAKEY BROTHERS OAKLAND, INC., resided in Piedmont. As shown
`
`above, his wife was Georgia E. Slakey, and that they resided together in Piedmont.
`
`I note that
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`obituary of Georgia Slakey found in the March 19, 1974 edition of the Santa Cruz Sentinel
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`(newspaper) of Santa Cruz, California, page 20, states that she was survived bya sister, Kathryn
`
`Harris, of Oakland. The 1945 engagementarticle further states that James Howard Harrisis the
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`son of Mr. and Mrs. Charles W. Harris of Piedmont.
`
`The 1941 City Directory for cities in Alameda County showsone Charles W. Harris
`
`residing in the county. This same record showshis wife as Mary A. Harris.
`
`I obtained records
`
`from the 1930 U.S. Census for Alameda County showing a household in which Charles W.
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`Harris and Mary A. Harris are husband and wife, and that their child, “James H. Harris”is in
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`their household. The Census record showsthis child to have been born in 1908. The address
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`stated in the 1941 City Directory matched the address stated in the 1930 Censusfor this family.
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`I searched the 1967 City Directory for cities in Alameda County showsa listing that
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`James H. Harris and Kathryn Harris resided at 99 Nova Drive in Piedmont.
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`I used the
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`Comprehensive Person Report databases of the Lexis/Nexis system to locate this person. This
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`report includes information from public record filings such as County Assessor and Registrar of
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`Deeds records, and the Social Security Administration, as well as credit reporting information
`
`on individuals. Using the address from the 1967 City Directory on I searched for information
`
`on any person with the last name Harris who presently, or at one time previously, had resided at
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`99 Nova Drive in Piedmont. This resulted in one listing: Kathryn Harris. The same record
`
`revealed that this Kathryn Harris had movedto an address in El Dorrado County, California,
`
`Hf
`
`8
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

`SoOoSDDBDAHBRWDYN
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`and that she died on November 4, 1994. This same record shows that she was born in January
`
`of 1914.
`
`Using that information, I searched the records of the California Death Index, a database
`
`compiled by the California Department of Health Services Office of Health Information and
`
`Research, Vital Statistics Section, and currently maintained by the genealogical research
`
`website Ancestry.com. This is a repository of information on the deaths of over 9.3 million
`
`Californians who died between 1940 and 1997.
`
`I searched for anyone named Kathryn Harris
`
`whodied in 1994, This resulted in one person, Kathryn Harris, born in California on January 1,
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`1914, whose father was named Finnerty, who died in Placer County on November4, 1994.
`
`This showsthat the Kathryn Harris who died in 1994 had the maiden nameFinnerty, and the
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`same person who died in 1994 shared an address with James H. Harris in both the Lexis records
`
`and the 1967 City Directory.
`
`Kathryn Finnerty Harris, the sister of Georgia E. Slakey, was born in January 1914. The
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`James H. Harris who died in 1976, was born in 1908.
`
`I note that this is an approximate age
`
`difference of only 6 years, within a usual age range for a married couple. Persons these ages
`
`would be well over 100 years old today.
`
`Using the genealogical search information on FindAGrave.com,I located a record for
`
`only one (1) James Harris with the middle initial H. who is buried in Alameda County. The
`
`records of the Mountainview Cemetery in Oakland show that James H. Harris, born 1908, died
`
`in 1976, Again, the record of the household of Charles W. Harris who had a son James H.
`
`Harris in the 1930 Census puts James’s birth year as 1908. The 1945 engagementarticle puts
`
`the son of Charles W. Harris ask marrying Kathryn Finnerty, the sister of Georgia E. Slakey.
`
`From all of the above, I surmise that this is the James H. Harris (1908-1976) was the son
`
`referenced in the 1930 Census record of the household of Charles W. Harris and Mary A.
`
`Harris, and is the same many who wasthe husband of Kathryn Harris, née Finnerty (1914-
`
`1994), the sister of Georgia E. Slakey andthe sister-in-law of William H. Slakey.
`
`Hf
`
`Hf
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`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

`SoOoSDDBDAHBRWDYN
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`NOwoNONOWNWNKNNONOHeeHeKeFeeeeeeeeeeooSNDHWTFBPWONYKY§DBCOFeADDnFRWDNYFSCS
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`Name: Everett J. Welliver
`
`Association with Defendant: Identified as an incorprating director in the Articles of
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`Incorporation.
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`Identifying Information: Address in the Articles says “Oakland, California.”
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`Conclusion Based on My Search: Deceased.
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`Search Results: Noting that my investigation showsthat the contemporaries listed on the
`
`articles of Incorporationfiled in 1956 were born in thefirst decade of the 20" Century, I looked
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`to for information from the U.S. Social Security Administration's Death Index. Using the
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`approximate decade ofbirth, I found a single likely person: Everett Joseph Welliver, born
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`December16, 1914 died in Santa Clara County on February 10, 2006 at age 91 years.
`
`I located the obituary of Donald Edward Welliver published in the July 14, 2010 edition
`
`of the East Bay Times (newspaper). The obituary showsthat he was born March 14, 1924, the
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`son of Creed Welliver and Adelita Coz, who died on July 8, 2010. It states that he was raised
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`by his brother Everett, and worked in the HVAC industry for companyincluding “Slakey Bros.”
`
`and “Avex.”
`
`I located the obituary of George Edward Albers, Jr., published in the May 23, 2007
`
`edition of the San Francisco Chronicle. It states that he was born in 1922. The obituary of
`
`Mr. Albers states that “[a]fter the war he went to work for Slakey Brothers in various sales
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`positions and wouldlater rise in the organization to become a branch managerof the San Jose
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`facility. After many years of service at Slakey Bros., George and long time partner Everett
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`Welliver founded a very successful company Avex, Inc., a wholesale heating andair
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`conditioning supply company. George and his partners would later sell their company back to
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`Slakey Brothers.”
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`The association between the work of Mr. Alpers and Everett Welliver at Slakey Brothers
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`and Avex, appear to coincide with the work of Donald Welliver and his work at Slakey
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`Brothers and Avex. These associations show that the Everett Welliver who wasthe brother
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`whoraised Donald Welliver waslikely the same Everett Welliver who signed the Articles of
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`Incorporation.
`
`1 0
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

`SoOoSDDBDAHBRWDYN
`
`NOwoNONOWNWNKNNONOHeeHeKeFeeeeeeeeeeooSNDHWTFBPWONYKY§DBCOFeADDnFRWDNYFSCS
`
`I also found reference using Google to a link to a 2006 obituary of Everett Joseph
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`Welliver published in the Mercury News, San Jose but the news website would not allow the
`
`meto link to the information. However, the name anddate of publication of the obituary of
`
`Everett Joseph Welliver are visible through the Google search and corroborate the U.S. Social
`
`Security Administration's Death Index year of death of 2006.
`
`Using the obituary for Donald Edward Welliver, I surmised that the Everett J. Welliver
`
`who signed the Articles of Incorporation in 1956 is the same personashis brother, Everett J.
`
`Welliver and that their parents were Creed Welliver and Adelita Coz.
`
`I used the genealogical
`
`search website FindAGrave.com and found that Creed Oscar Welliver (1892-1981) and Adel
`
`Margaret Coz Welliver (1892-1981) are buried together at the San Joaquin Catholic Cemetery,
`
`Stockton, California. This same record showsthat the California, County Marriages,
`
`1850-1952 showsthat “Creed Welliver” married “Della Coz” on February 21, 1914, in Fresno
`
`County, California.
`
`Donald Edward Welliver was born March 14, 1924. His obituary states that he was
`
`raised by a brother Everett. Providing that Donald Welliver and the Everett Welliver who
`
`signed the Articles are brothers, Everett J. Welliver would have been born well before 1924.
`
`The U.S. Social Security Administration's Death Index showsthat Everett Joseph Welliver was
`
`born December16, 1914. This gives a 10 year difference in age. Donald’s obituary and the
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`cemetery information showsthat his parents were married February 21, 1914. As such, Everett
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`Welliver would have been born before March 1924 andlikely after February 1914. A person
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`born in 1914 would be over 100 years old today.
`
`I surmise that Director Everett J. Welliver the
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`sameperson as Everett Joseph Welliver (1914-2006).
`
`9. Apart from the six decedents identified above, there is another person whose nameis
`
`mentioned within the corporation documents received from the Secretary of State. On August
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`29, 1953, a Certificate ofDetermination ofPreferences ofPreferred Shares ofSlakey Brothers
`
`Oakland, Inc. wasfiled. Attached to that filing is a documententitled “Excerpt of Minutes.”
`
`Those minutes are certified by “Robert F. Slakey, the duly elected and acting Secretary of
`
`SLAKEY BROTHERS OAKLAND, INC.”
`
`1 1
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

`SoOoSDDBDAHBRWDYN
`
`NOwoNONOWNWNKNNONOHeeHeKeFeeeeeeeeeeooSNDHWTFBPWONYKY§DBCOFeADDnFRWDNYFSCS
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`10. Using many ofthe sources stated aboveas to the Slakey relatives, I identified and
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`located Robert F. (“Bob”) Slakey. As shown above,as to RogerL. Slakey, the 1940 Census
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`shows RogerL. Slakey and Abbie M. Slakey, husband and wife, in a home in Sacramento with
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`an approximately 10 year old son named Robert F. Slakey. This would makehis date of birth
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`either 1930 or 1931.
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`I searched the California Birth Index, a database compiled by the
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`California Office of Health Information and Research that stores records of births in California
`
`from 1905 to 1995.
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`I searched for anyone named Robert Slakey who would have been an adult
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`in 1957, This index produced only one (1) record, that of Robert Francis Slakey was born on
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`February 6, 1930 in Butte County, California to a mother whose maiden named was Hannah.
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`This date of birth comports with the date of birth of the person whois son of Roger L. Slakey in
`
`the 1940 Censusrecord.
`
`11. Using this information, I searched the U.S. Social Security Administration’s Death
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`Index and found a listing for Robert Francis Slakey, born February 6, 1930. showing he died on
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`September 5, 2021. From there, I located the obituary of this person, published in the
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`September 12, 2021 edition of the Sacramento Bee. It states that Robert "Bob" Slakey,Sr.,
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`February 6, 1930 - September 5, 2021 worked for Slakey Brothers, a wholesale plumbing,
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`heating, and air conditioning company. The obituary identified his father as Roger Slakey.
`
`12. Asall of the person identified above are deceased, and they were the only persons
`
`identified in the corporatefilings, the defendant cannot be served except by way ofthe
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`California Secretary of State.
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`13. Exercising due diligence, this office has investigated and has found evidence that
`
`makes me concludethat all Agents for Service of Process, Trustees, Officers and Directors of
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`defendant are deceased or otherwise unlocatable or unidentifiable, and I have not been
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`successful in locating any other person whohas charge of the corporate assets on which service
`
`of process can be effected.
`
`Hf
`
`Hf
`
`Hf
`
`1 2
`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

`1
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`14.
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`I respectfully request that the Court grant plaintiffs’ request for service upon the
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`2||California Secretary of State.
`
`3
`
`I declare under penalty of perjury under the laws of the State of California that the
`
`4||foregoing is true andcorrect.
`
`Executed September 30, 2024 at Oakland, California.
`
`OoOoIHNMN
`
`Montie Derby
`
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`K:Alnjured\129289\PLD\DECL IMD XPT SRV CASOS SLBOAK 9-27-24.wpd
`DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF
`SUMMONSON DEFENDANT SLAKEY BROTHERS OAKLAND,INC. (ENTITY NO. C0319236), BY DELIVERY OF PROCESS TO
`SECRETARY OF STATE
`
`

`

`EXHIBIT A
`
`

`

`State of California
`secretary of State
`
`CERTIFICATE OF STATUS
`
`ENTITY NAME:
`
`SLAKEY BROTHERS OAKLAND,
`
`INC.
`
`FILE NUMBER:
`FORMATION DATE:
`TYPE:
`JURISDICTION:
`STATUS:
`
`C0319236
`04/16/1956
`DOMESTIC CORPORATION
`CALIFORNIA
`SUSPENDED
`
`I, ALEX PADILLA, Secretary of State of the State of California,
`hereby certify:
`
`The records of this office indicate the California Franchise Tax
`Board suspended the entity's powers, rights and privileges on
`April 06, 1971, pursuant to the provisions of the California
`Revenue and Taxation Code, and the entity's powers, rights and
`privileges remain suspended.
`
`Secretary of State
`
`ALEX PADILLA
`
`I execute this certificate
`IN WITNESS WHEREOF,
`and affix the Great Seal of the State of
`California this day of May 03, 2016.
`
`NP-25 (REV 01/2015)
`
`ABW
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`

`SSCPUD7
`CPOISTA3
`
`STATUS INQUIRY
`
`PAGE 1
`
`05/03/16
`09:53:26.3
`
`:
`
`NAME
`
`SLAKEY BROTHERS OAKLAND,
`
`INC.
`
`CORP NO €0319236
`DOMESTIC STOCK
`
`INC. DATE 04/16/1956
`CLASS
`NO OF PAGES 04
`
`RECENT SI
`STMT OF INFO (SI)
`PRIOR COMPLETE SI
`
`DATE
`DATE
`
`STATUS FTB SUSP
`
`04/06/1971
`
`ST/CTRY
`
`NO
`NO
`
`PRINCIPAL EXECUTIVE ADDR
`
`CITY/ST/CNTRY
`
`CALIFORNIA ADDRESS
`
`MAILING ADDRESS
`
`Sle
`
`CITY/ST/CNTRY
`
`CEO
`
`NAME
`
`ADDRESS
`
`CITY/ST/CNTRY
`
`AGENT
`
`NAME
`
`ADDRESS
`
`CITY
`
`TYPE OF BUSINESS
`
`ZIP
`
`CA
`
`ZIP
`
`ZIP
`
`CA
`
`ENTR=CONTINUE
`
`PF2=HISTORY
`
`PF3=BACK TO WORKSCREEN
`
`PF10=MAIN MENU
`
`
`
`

`

`FA 9226
`FILED
`In the@ftcs wt the Beceteryof Sept,
`OF
`of the State ofCottorma
`SLAKEY BROTHERS OAKLAND,
`INC.
`
`ARTICLES OF INCORPORATION
`
`ye
`3
`
`
`
`
`APR