JOHN F. PRENTICE, ESQ. SBN 87606
LARRY R. SHOCKEY, ESQ. SBN 167783
PRENTICE & SCOTT
433 Turk Street
San Francisco, CA 94102
Telephone: (415) 292-1660
Facsimile: (415) 776-4237

DAVID J. DUCHROW, ESQ. SBN
2828 Donald Douglas Loop North, 2nd Fl.
Santa Monica, CA 90404-2959
Telephone: (310) 581-3506
Facsimile: (310) 581-3508

Attorneys for Plaintiff

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT


TERRI NICOLE HESS,

Plaintiff,

vs.

PENINSULA BEVERLY HILLS, INC., a Delaware Corporation, PENINSULA BEVERLY HILLS MANAGEMENT, INC. a Delaware Corporation, LUIS ALVERADO, individually and in his capacity as Director of Security, JOSEPH VELEZ, DON KIREMIT, DONALD TURK and DOES 1 - 50,

Defendants.
_________________________________

No. SC049485





DECLARATION RE: LOST SUMMONS

I, JOHN F. PRENTICE, declare as follows:

1. I am an attorney at law licensed to practice in all Courts of this State and am the | attorney of record for Plaintiff herein, Terri Nicole Hess. I have personal knowledge of the information contained in this declaration and could and would testify to each and every statement contained herein.

2. On February ;. 1998 my office submitted for filing, the original First Amended Summons and Original Proofs of Service for Defendants, Donald Turk, Peninsula Beverly Hills. inc., Luis Alvarado and Jack Demusca ( attached as exhibit "A" ) for the First Amended Complaint filed on November 21, 1997. The original documents were blue-backed. extra copies were enclosed along with a self-addressed return envelope.

3. Our office had not received a filed-endorsed copy of the First Amended Summons and Proofs of Service by February 6, 1997. I asked my assistant, Antoinette Long to telephone the Court to see if the documents had been received. The documents had not been received according to the clerk. Derrick. After several telephone calls to the Court regarding the documents whereabouts. Antoinette asked to speak with a supervisor on February 13, 1998, namely, Ms. Booth to request that Someone look in the file to see if the documents had been received. Ms. Booth informed Antoinette that she would have a "student" look in the file and telephone her by Tuesday, February 17, 1998. Antoinette also left a voice-mail message on supervisor, Mac Delana regarding this problem. No one telephoned Antoinette or our office with information regarding the First Amended Summons and Proofs of Service.

4. On February 18, 1 998, my assistant, Antoinette requested that the service "Attorney Diversified" physically go to the Court, retrieve the file and research it to see if perhaps they were some how overlooked. On February 24, 1998, Attorneys Diversified informed our office that the documents were not in the file.

5. On February 23, 1998 my assistant, Antoinette wrote a letter (inadvertently dated February 23, 1998) to Ms. Booth requesting that she telephone her regarding the Summons and Proofs of Service (attached as Exhibit "B"), to date, our office has not heard from Ms. Booth, nor any one else from the Court regarding these documents.

6. We believe that the documents are lost and pursuant to CCP §417.3 0 submit this Declaration of Lost Summons and request that you tile copies of the First Amended Summons and Proofs of Service in replace of the originals.

I swear under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct. This declaration is being executed this 3rd day of March, 1998 at San Francisco, California under the laws of the State of California..

Dated: 3-2-98

PRENTICE & SCOTT

___________________________

John F. Prentice

Attorney for Plaintiff