Free Motion for Entry of Default - District Court of California - California

Case 3:08-cv-01317-DMS-POR

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Gary L. Sirota (State Bar No. 136606) Robert Berkowitz (State Bar No. 227888) COAST LAW GROUP 169 Saxony Road, Suite 204 Encinitas, CA 92024 TEL: (760) 942-8505 FAX: (760) 942-8515 EMAIL: [email protected] Attorneys for Plaintiff

6 7 8 UNITED STATES DISTRICT COURT, 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 v. 14 15 16 17 18 19 20 21 22 23 defendant has failed to appear or otherwise respond to the complaint within the time prescribed 24 25 26 27 28 _________ PAGE 1 OF 2 REQUEST TO ENTER DEFAULT Case No. 08 CV 1317 DMS POR by the Federal Rules of Civil Procedure. Plaintiff caused the complaint to be personally served To the Clerk of the Above-Entitled Court: Plaintiff Fractional Villas, Inc. hereby requests that the Clerk of the above-entitled Court enter default in this matter against defendant Lending Executives, Inc. on the ground that said JASON KATZ, an individual; LENDING EXECUTIVES, INC., a California corporation; YOLANDA ORTIZ-PARRA, an individual; RAYMOND VINOLE, an individual; DANIEL CHARLES PRIVETT, an individual; and DOES 1 - 25, Defendants. REQUST TO ENTER DEFAULT AGAINST DEFENDANT LENDING EXECUTIVES, INC. FRACTIONAL VILLAS, INC., a California Corporation, Case No. 08 CV 1317 DMS POR

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on defendant Lending Executives, Inc. on August 10, 2008, evidenced by the proof of service of summons on file with this Court. This Request to Enter is supported by the above stated facts as set forth in the accompanying declaration of Robert Berkowitz, filed herewith.

Dated: September 8, 2008

COAST LAW GROUP, LLP s/ Robert Berkowitz Robert Berkowitz Attorneys for Plaintiff, FRACTIONAL VILLAS, INC. [email protected]

_________ PAGE 2 OF 2 REQUEST TO ENTER DEFAULT Case No. 08 CV 1317 DMS POR

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Gary L. Sirota (State Bar No. 136606) Robert Berkowitz (State Bar No. 227888) COAST LAW GROUP 169 Saxony Road, Suite 204 Encinitas, CA 92024 TEL: (760) 942-8505 FAX: (760) 942-8515 EMAIL: [email protected] Attorneys for Plaintiff

6 7 8 UNITED STATES DISTRICT COURT, 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 v. 14 15 16 17 18 19 20 21 22 23 2. Our attorney service advised me that a copy of the complaint and summons was personally 24 25 26 27 28 _________ PAGE 1 OF 3 DECLARATION OF ROBERT BERKOWITZ Case No. 08 CV 1317 DMS POR served upon defendant Lending Executives, Inc. on August 10, 2008. 1. I, Robert Berkowitz, am a Senior Associate at Coast Law Group, LLP, counsel of record for Plaintiff Fractional Villas, Inc. in this matter. I submit this declaration based upon my personal knowledge. JASON KATZ, an individual; LENDING EXECUTIVES, INC., a California corporation; YOLANDA ORTIZ-PARRA, an individual; RAYMOND VINOLE, an individual; DANIEL CHARLES PRIVETT, an individual; and DOES 1 - 25, Defendants. DECLARATION OF ROBERT BERKOWITZ IN SUPPORT OF PLAINTIFF'S REQUST TO ENTER DEFAULT AGAINST DEFENDANT LENDING EXECUTIVES, INC. FRACTIONAL VILLAS, INC., a California Corporation, Case No. 08 CV 1317 DMS POR

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3. The Proof of Service was filed with this Court on August 22, 2008. 4. On Friday, August 22, 2008, I received an email from Mr. Cameron Campbell, requesting an extension of time to respond to the complaint. 5. In a prior conversation, Mr. Cameron Campbell had stated that he was not an attorney, but instead was assisting his father in this matter. According to Mr. Cameron Campbell, his father, Mr. Leon Campbell, is an attorney and the Law Office of Leon Campbell represents all the defendants in this matter. 6. On Friday, August 22, 2008, I responded to Mr. Cameron Campbell's email request for an extension of time. In the email, I explained to him that our client, Plaintiff Fractional Villas, Inc., had not authorized us to grant extensions. We would consider requests for additional time on a case-by-case basis after receiving the request in writing, signed by counsel, explaining the extenuating circumstances that give rise to the request. A true and correct copy of this email is attached hereto as Exhibit A and incorporated herein by reference. 7. On Monday, August 25, 2008, I advised Mr. Leon Campbell by facsimile that we would be vigorously pursuing our claims and would be seeking Entry of Default at the earliest possible opportunity. A true and correct copy of this fax is attached hereto as Exhibit B and incorporated herein by reference. 8. On Wednesday, August 27, 2008, I responded to Mr. Leon Campbell's written request for an extension of time to respond to the complaint. In my letter, which was also faxed to his office the same day, I again stated "Please be advised that we will continue to vigorously pursue our case and will continue to seek an Entry of Default as soon as the opportunity arises." A _________ PAGE 2 OF 3 DECLARATION OF ROBERT BERKOWITZ Case No. 08 CV 1317 DMS POR

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true and correct copy of this letter is attached hereto as Exhibit C and incorporated herein by reference. 9. To date, we have consistently explained to the Law Office of Leon Campbell that our client has insisted--absent compelling extenuating circumstances--that we not extend any courtesies to the defendants in light of the intentional injuries the defendants inflicted upon the Plaintiff. 10. The time for Defendant Lending Executives, Inc. to respond to the complaint has passed, and no pleadings have been filed with the Court. 11. I declare under the penalty of perjury that the foregoing is true and correct.

Dated: September 8, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

COAST LAW GROUP, LLP s/ Robert Berkowitz Robert Berkowitz Attorneys for Plaintiff, FRACTIONAL VILLAS, INC. [email protected]

_________ PAGE 3 OF 3 DECLARATION OF ROBERT BERKOWITZ Case No. 08 CV 1317 DMS POR

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