To Disappear Site Page — 0 service proof filed
- Tessy P. Roof
- Jun 6, 2022
- 2 min read
Def. Failed to File Completed Certificates of Service
In his motion for modification of custody, on the very first page in the very first section, Mr. Gardiner wrote Plaintiff’s name, then an incorrect date of birth (Plaintiff Dec., Ex. 11, p. 1). Every other entry space in the section, including a place for “[the indicated party’s] mailing, residential and email addresses” were indicated as “unknown” as handwritten in response by defendant, although evidence shows he never tried to obtain any of the information requested.
In contrast, in the notice of motion document filed, Mr. Gardiner suddenly declared knowledge of a service address for Plaintiff and provided “301 Union Street” (Seattle) as her service address. Id. at p. 7. However, Mr. Gardiner did not fill out or sign the certificate of service found on the notice of motion document directly below his signature and address lines, which he did complete. Id.
The actual certificate of service document also presents characteristics suggesting incomplete and/or inaccurate information. The caption is void of content. Id. at p. 6. In addition, the defendant provided another new service address is provided for Plaintiff at ¶“Other Parent,” where “301 MainStreet” (Seattle) is indicated as the mailing address he attempted to serve Ms. Fauver at. Both addresses provided by the defendant are non-residential addresses located in downtown Seattle. Additionally, defendant again did not certify service as he failed to indicate in the certificate of service document what service method he utilized. Id. According to the copy of July’s motion provided to Ms. Fauver by this Court, none of the service certifications were completed. Id. at p. 1, 6, 7. If service is not certified as being made, then legally the defendant never even claimed to have attempted service on Plaintiff. And, in the case that he argues that these errors are, in fact, only errors in paperwork, then the defendant be required to provide evidence of his attempt(s)? And, in the case he did attempt service, why did he not inform the Court of the bad address he had provided for service to Ms. Fauver, and that he had been unable to successfully serve her?
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