Monticue

BACKGROUND

On May 17, 2017, plaintiffs filed an action against Binko and others, alleging that Howard was admitted in January 2016 into a residential care facility owned and operated by Binko, and during Howard’s stay he developed an infected stage 4 pressure sore on his coccyx that led to his death on August 16, 2016. Plaintiffs asserted causes of action for violation of the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.), negligence, willful misconduct, and wrongful death. Service of complaint and 2017 statements of damages On May 27, 2017, plaintiffs served a copy of the summons and complaint on Binko’s attorney, John Valentine, Jr., at Valentine’s business address. Binko’s designated agent for service of process at that time, however, was Ogbechie, Binko’s sole officer. On August 3, 2017, plaintiffs attempted to serve on Valentine two separate statements of damages (the 2017

Binko and Ogbechie are referred to collectively as defendants.

2 statements of damages) seeking a total of $1,320,133.29. Valentine was not present at his office, so the process server left copies of the 2017 statements of damages with a receptionist at…