Motion-Secondary: The State of Texas vs. Eutiquio Martinez, Jr.,Liza Marie Martinez

On June 25, 2019 a Motion-Secondary was filed involving a dispute between The State Of Texas , and Martinez, Eutiquio, Jr. , Martinez, Liza Marie , for Seizure / Forfeiture in the District Court of Cameron County.

Preview

FILED - 1/24/2020 2:26 PM 2019-DCL-03704 / 40260381 ELVIRA S. ORTIZ Cameron County District Clerk By Christina Hernandez Deputy Clerk CAUSE NO. 2019-DGL-3704-G THE STATE OF TEXAS * IN THE DISTRICT COURT VS * 404*^ JUDICIAL DISTRICT EUTIQUlO MARTINEZ, JR. AND LIZA MARIE MARTINEZ * CAMERON COUNTY, TEXAS AFFIDAVIT IN SUPPORT OF IVIOTION FOR SUBSTITUTED SERVICE UNDER RULE 109a OF THE TEXAS RULES OF CIVIL PROCEDURE THE STATE OF TEXAS * CAMERON COUNTY In support of Plaintiffs Motion for Substituted Service Under Rule 109a of the Texas Rules of Civil Procedure authorizing service of citation, the undersigned affiant, as attorney for Plaintiff, being duly sworn, states as follows: "My name is MATTHEW M. KENDALL. I am a licensed attorney In the State of Texas and have been licensed since November 4, 2011, and I am the attorney of record for the Plaintiff State of Texas. Citation of Defendant EUTIQUlO MARTINEZ, JR. in the above styled and numbered cause was issued on November 4, 2019, and effort to personally serve the citation on the Defendant was unsuccessful. Citation was returned unserved on November 19, 2019 and has been filed with the Court. The Plaintiff attempted to have the Defendant personally served with citation, by serving citation together with a copy of Plaintiffs Original Petition and Notice of Seizure and Intended Forfeiture, at the address provided by law enforcement but was unable to effect service despite due diligence. Plaintiff has also conducted a search for other valid addresses for the Defendant through the seizing law enforcement agency and the MOTION FOR SUBSTITUTED SERVICE OF CITATION UNDER RULE 4 109a OF THE TEXAS RULES OF CIVIL PROCEDURE county jail database. All searches have failed to uncover the current location of the Defendant. Because of this, Defendants' current whereabouts and residence is unknown to Plaintiffs counsel and law enforcement. For the reasons set forth hereinabove, it is impractical to secure personal service of citation on said Defendant, and Plaintiff will be unable to do so despite due diligence. Citation by posting will effect service as if in person or by mail and posting of said citation and petition is calculated to give Defendant notice thereof and allow for Defendants to enter an appearance. The source of affiant's information and belief Is true and correct. MATTHEW M. KENDALL SUBSCRIBED AND SVVORN TO BEFORE ME by the said MATTHEW M. KENDALL on this the day of January, 2020. DENNISE J. NUNEZ ^Notflfy Public, State of Texas Comm. Expirea 08-20-2022 'OjmiD. .'iPtfrV ID 12430927-5 Notary Public, State i T^ MOTION FOR SUBSTITUTED SERVICE OF CITATION UNDER RULE 109a OF THE TEXAS RULES OF CIVIL PROCEDURE

Case Info

Document Filed Date

January 24, 2020

Case Filing Date

Parties

Related Content in Cameron County

Case

Sep 09, 2024 | Leal, Janet L. | Writ of Habeas Corpus - Civil | 2024-DHC-05140

Case

Sep 06, 2024 | Magallanes, Juan A | Expunction | 2024-DCL-05094

Case

Sep 11, 2024 | Euresti, Benjamin, Jr. | Writ of Habeas Corpus - Civil | 2024-DHC-05207

Case

Sep 12, 2024 | Cordova, Adolfo E, Jr. | Writ of Habeas Corpus - Civil | 2024-DHC-05227

Case

Sep 12, 2024 | Euresti, Benjamin, Jr. | Writ of Habeas Corpus - Civil | 2024-DHC-05258

Case

Sep 09, 2024 | Magallanes, Juan A | Writ of Habeas Corpus - Civil | 2024-DHC-05141

Case

Sep 11, 2024 | Adobbati, Ricardo M | Writ of Habeas Corpus - Civil | 2024-DHC-05200

Case

Sep 06, 2024 | Adobbati, Ricardo M | Expunction | 2024-DCL-05139

Case

Sep 11, 2024 | Sanchez, David | Seizure / Forfeiture | 2024-DCL-05204

Ruling

Sep 07, 2024 | FCS055884

FCS055884 Class Action Certification TENTATIVE RULING The motion for class certification is taken off calendar. Plaintiff did not file the motion by June 17, 2024, as required by the parties’ stipulated briefing schedule. (Joint Stipulation (January 11, 2024).) The Parties are to appear on September 9, 2024 to address the status of the case. Department 7 is inviting you to a scheduled ZoomGov meeting. Join ZoomGov Meeting https://solano-courts-ca- gov.zoomgov.com/j/1611554664?pwd=T3U4QlBGWWNWaGlieXJTcGxIVHRXZz09 Meeting ID: 161 155 4664 Passcode: 818575 One tap mobile +16692545252,,1611554664#. *818575# US (San Jose) +14154494000,,1611554664#. *818575# US (US Spanish Line)

Ruling

Aug 18, 2024 | 24CV-0204435

THE PEOPLE OF THE STATE OF CALIFORNIA VS. $12,276.00 U.S. CURRENCY Case Number: 24CV-0204435 This matter is on calendar for status of release of funds. The People filed a Motion to Dismiss the Petition for Forfeiture and a proposed order was lodged. The Court ordered the seized currency to be returned to the Real Party in Interest Donald Allen Wilson. No status report regarding the release of funds has been filed. An appearance is necessary on today’s calendar to provide the status of release of funds.

Ruling

Aug 19, 2024 | 24CV-0204880

THE PEOPLE OF THE STATE OF CALIFORNIA VS. $192,543.00 U.S. CURRENCY Case Number: 24CV-0204880 This asset forfeiture matter is on calendar for status of default. A Petition for Forfeiture was filed April 29, 2024. Proof of service on the real party in interest is on file. No claim opposing forfeiture has been filed. An appearance is necessary on today’s calendar to provide the Court with a status.

Ruling

Aug 20, 2024 | CVPT22-0198924

THE PEOPLE VS. $35,798.00 Case Number: CVPT22-0198924 This asset forfeiture matter is on calendar for review regarding status of the criminal proceeding. This matter was stayed on February 28, 2022, by stipulation of the parties. No status report has been filed. An appearance is necessary on today’s calendar to provide the Court with an update regarding the criminal proceedings.

Ruling

Aug 23, 2024 | 24CV-0204880

THE PEOPLE OF THE STATE OF CALIFORNIA VS. $192,543.00 U.S. CURRENCY Case Number: 24CV-0204880 This asset forfeiture matter is on calendar for status of default. A Petition for Forfeiture was filed April 29, 2024. Proof of service on the real party in interest is on file. No claim opposing forfeiture has been filed. An appearance is necessary on today’s calendar to provide the Court with a status.

Ruling

Aug 19, 2024 | 21CV-03897

21CV-03897 People v. $3,715.00 Review of Case Status Appearance required. Remote appearances are permitted. Parties who wish to appear remotely must contact the clerk of the court at (209) 725-4111 to arrange for a remote appearance. Appear to address the status of the case following the Court’s order on August 9, 2024, striking the Claim Opposing Forfeiture.

Ruling

Aug 21, 2024 | 22CV-0199795

THE PEOPLE OF THE STATE OF CALIFORNIA VS. $1000.00 U.S. CURRENCY Case Number: 22CV-0199795 This consolidated asset forfeiture matter is on calendar for review regarding status of criminal proceedings and amended petition. No amended petition has been filed. No status report has been filed. An appearance is necessary on today’s calendar to provide the Court with a status of the criminal proceeding and amended petition.

Ruling

Aug 18, 2024 | 24CV-0204880

THE PEOPLE OF THE STATE OF CALIFORNIA VS. $192,543.00 U.S. CURRENCY Case Number: 24CV-0204880 This asset forfeiture matter is on calendar for status of default. A Petition for Forfeiture was filed April 29, 2024. Proof of service on the real party in interest is on file. No claim opposing forfeiture has been filed. An appearance is necessary on today’s calendar to provide the Court with a status.