Free Request for Entry of Clerks Default - District Court of California - California

Case 3:08-cv-00454-H-LSP

Document 17

Filed 07/01/2008

Page 1 of 9

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II

Amy B. Vandeveld,
LAW OFFICES Diego, OF AMY

SBN 137904
B. VANDEVELD

II

1850
San

Fifth Avenue,
California (619)

Suite 22
92101

3
4

II

Telephone:
Facsimile:

(619) 231-8883
231-8329

II

Attorney

for Plaintiff

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
21 22 23 24
KAREL SPIKES, Plaintiff,

IN THE UNITED SOUTHERN

STATES DISTRICT

COURT

DISTRICT

OF CALIFORNIA Case No.: 08 CV 0454 H
(LSP)

TEPI NORTE MEX CITY; FRANCISCO CHAVEZ; CHRISTINA CHAVEZ; ROBERTO BARNET dba OLD COTIJAS and DOES 1 THROUGH 10, Inclusive,
Defendants.

REQUEST FOR ENTRY OF CLERK'S DEFAULT AGAINST DEFENDANT ROBERTO BARNET dba OLD COTIJAS

Plaintiff,

KAREL SPIKES, respectfully States District defendant Court,

requests Southern

that the District,

Clerk of the United enter default

against

ROBERTO BARNET

dba OLD COTIJAS 18, 2008. Mr. was personally The Proof

SPIKES filed the instant Complaint Manuse, Agent for ROBERTO

on March

BARNET dba OLD COTIJAS,

served with the Complaint of Service and Summons (A copy of the Summons Court is attached

and Summons on May 30, 2008.

was filed with this Court on June 10, 2008 and Declaration of Service Declaration filed with this of Amy B.

to the accompanying
"A".)

25 II Vandeveld

as Exhibit

26 II
27 28

Pursuant to F.R.Civ.P. Rule 12, ROBERTO BARNET dba OLD
was required to respond to the Complaint BARNET dba OLD COTIJAS within 20 days

COTIJAS

of said service.

ROBERTO

failed to file a

1

Case 3:08-cv-00454-H-LSP

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1
2

II

response within response

the 20 day period and, in fact, has never Complaint.

filed a

II

to the instant

3
4 5 6 7 8 9 10 11

II

Plaintiff was subjected to discrimination in the instant
action because of an inaccessible path of travel, inaccessible

II

II

seating and lack of accessible signage for such space. well as damages authorized

parking

space, as well as lack of per offense, as also by as

II

Plaintiff

seeks $4,000.00

II

for emotional

distress

and other injuries, 52. Plaintiff

II

by California

Civil Code Section

II

seeks recovery California

of his attorneys'

fees and costs,

as provided

II

Civil Code Sections

51, et seq., and 54 et seq., and with Disabilities Act, 42 USC Sec.

II

by Title III of the Americans

121112188.

13

II

Respectfullysubmitted:
OF AMY B. VANDEVELD

141 DATED 15 16

7 It

' 2008

17 18 19 20 21 22 23 24 25 26 27 28
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Case 3:08-cv-00454-H-LSP

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111Amy B. Vandeveld, State Bar No. 137904 LAW OFFICES OF AMY B. VANDEVELD 2~ 1850 Fifth Avenue, Suite 22 San Diego, California 92101 311 Telephone: (619) 231-8883 Facsimile: (619) 231-8329

4
Attorney for Plaintiff

5 6 7 8
IN THE UNITED STATES DISTRICT COURT

9
SOUTHERN DISTRICT OF CALIFORNIA

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Printed

KAREL

SPIKES, Plaintiff,

Case No.: 08 CV 00454 H (LSP) DECLARATION OF AMY B. VANDEVELD IN SUPPORT OF REQUEST FOR ENTRY OF CLERK'S DEFAULT JUDGMENT AGAINST DEFENDANT ROBERTO BARNET dba OLD COTIJAS

vs.
TEPI NORTE MEX CITY; FRANCISCO CHAVEZ; CHRISTINA CHAVEZ; ROBERTO BARNET dba OLD COTIJAS and DOES 1 THROUGH 10, Inclusive,
Defendants.

I, AMY B. VANDEVELD,
1.

declare:

I am

the

attorney
before

for

Plaintiff, and

am

licensed and
including

admitted

to practice District

all the courts

of California,

the Southern

of United States District knowledge of the

Court in California. set forth in this

2.

I have personal

facts

declaration

and if called as a witness facts.

I could competently

testify to the following

3.

Attached

hereto as Exhibit "A" is a true and correct copy of ROBERTO BARNET dba OLD

the Summons and Return of Service of Defendant
COTIJAS.

I declare under penalty of perjury under the laws of the State of
on Recycled Paper

Case 3:08-cv-00454-H-LSP

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111 California

and the United

States

of America

that

the

foregoing

is true

2 3

and

correct.

Executed

this

day of

, 2008, at San

4~ Diego, California.

5
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Printed on Recycled Paper

2

Case 3:08-cv-00454-H-LSP
Casl~ 3:08-cv-OOL'
<,

.H-LSP

Document 17 Filed 07/01/2008 Document 14
Docun1enl11
~

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of 4_

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Page 1 of 1

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Pt1 4: 35

United States. District Court
SOUTHERN !)ISTRtCT OF CALIFORNIA
KAREL SPIKES, Plaintiff,
ZOIlDHAY 23

vs.
TEPI-NORTE

YS

MEX-CITY;

E'RANCISCO CHAVEZ; CHRISTINA CHAVEZ; ROBERTO BARNET dba OLD COTIJAS and DOES 1 THROUGH 10, Inclusive, Defendants.
TO: (Nam~ and Address of Defendant)

YOU ARE HEREBY SUMMONED and requircd to file with the CJerk of this Court and Sf"rve upon PLAINTIFF'S ATTORNEY 1wy B.vatx1eveld, 123q.. lAW OfFICES OF 'PWf B. V1\NIJEIJRLO 185(1 F'ifth Avenbe . San D:!.ego, CA 92101 (619) 231-8883 An 8IUwerto the complaint which is herewith served upon you, wIthin 40days after service of tbis :lUmmonsupon you, exclusive of the day of service. If you fai/to do sO,judgment b;fdefault will be taken against you for the reliefdemanded in the complaint.

W. Samuel Hamrick. Jr. CLERI<. '~AlY ~""r. By
. Deputy Clerk DATE

Paga 1 of 2
;OOM \/'::noCS\WORliPERFECT\t444J\1

"'hy S. 19~<) II'J.hrn) f

Case 3:08-cv-00454-H-LSP
CaSl3 3:08-cv-004~-H-LSP AMY 6. VANDEVELD, ESQ. LAW OFFICES OF AMY B. VANDEVELD SAN DIEGO CA E2101 619-231-8883 Attorneyfor; KAREL SPIKES

Document 17
Document 14

Filed 07/01/2008
Filed 06/11)/2008

Page 6 of 9
Page 2 of 4

Ref.No. Atty. FileNo.

: 0297932-01 : 08CV0454H(LSP)

UNITED STATES DISTRICT COURT, SO. DISTRICT OF CA SOUTHERN Jum:IAL DISTRICT PLAINTIFF DEFENDANT 1. 2. : KAREL SPIKES : TEPI-NORTE MEX-CITY, at a!.
Case No.: 08CV0454H(LSP) PROOF OF SERVICE

At the time of service I was at least 18 years of age and not a party to this action. I served copiu$ 01the SUMMONS IN A CIVIL ACTION; FIRST AMENDED CIVIL COMPLAINT; NOTICE AND ORDER FOR EARLY NEUTRAL EVAULATION CONFERENCE; ANSWER TO CIVIL COMPLAINT
a. Party sarv ~d b. Person saved

3.

ROBERTO BARNET dba OLD COTIJAS MR. MANUSE, MANAGER/PERSON IN CHARGE (HISP/F/65YRS/s,sn/160LBS/BRN EYE/BLK !-fR)

4.

Address where the party was served 4988 IMPERIAL AVE. SAN DIEGO, CA 92113

(Business)

5.

I served the p uty b by substitiJted servIce. On May 30, 2008 at 01:00 PM I left the documents listed in item 2 withor in the presence of MR. MANUSE, MANAGER/PERSON IN CHARGE. HISP/F/65YRS/S'8"/160LBS/BRN EYE/BlK HR (1) (business) a person at least 18 years 01age apparently in charge at the office or usual place at business of the -)arson to be served. I informed him or her of the general nature of the papers. (4) a dec'aratlon of mailing is attached. (5) Iattach a declaration of diligence stating actions taken first to attempt personal service. The "Notice to the person served" (on the summons) was completed as follows: C. on behalf 01: ROBERTO BARNET dba OLD COTIJAS under [xx] CCP 416.90 (authorized person)

6.

7.

a.

Person who served papers
RODRIGO LORA INC.

b. KNOX A TIORNEY SERVICE, 2250 Fourth Avenue

San Diego, California c. 619-233-97JO

92101

d. Fee for service: $53.75 e. I am: (3) a registered California process server (i) an independent contractor (ii) Registration No: 479 (iii) County: San Diego

8.

I declare under penalty of perjury under the laws of the State of Californiathat the foregoing j
Signature:

Date: June 6, 2008
Jud Coon.'orm. rulfl 2150 CR:: JC form POS010 (Rev Jllnua'I 1,2007)

__..
RODRIGO LORA

PROOF OF SERVICE

Case 3:08-cv-00454-H-LSP
Case 3:08-cv-00'
. -H-LSP

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AMY B. VANDEVELD, ESQ. LAW OFFICES OF AMY B. VANDEVELD 1850 5TH AVE. SAN DIEGO CA ~'2101 619-231-8883 Attorney for: KARJ:L SPIKES

Ref. No. Atly. File No.

: 0297932.0t : 08CV0454H(LSP)

UNITED STATES DISTRICT COURT, SO. DISTRICT OF CA SOUTHERN JUDI':;IAL DISTRICT PLAINTIFF DEFENDANT . KAREL SPIKES . TEPI-NORTE MEX-CITY, et al.
Case No.: 08CV0454H(LSP) DECLARATION REGARDING DILIGENCE

I received the wi:hin process on OS/28/08. After due and diligent effort I have been unable to effect personal service on the within named party at the following address(es). Party served Business ROBERTO BARNET dba OLD COTIJAS 4988 IMPERIAL AVE, SAN DIEGO CA 92113

Attempts to

effect service

are as follows:

OS/28/08 04; 1OP Attempted service at business; subject not in OS/29/08 07:52A Attempted service at business; subject not in 05/30/0801 :OJP Attempted service..effected substitute service

I declare under penalty of perjury under the laws of the State of California that the foregoing is/lrue and correct. Date: June 6, 2008
Signature:
Jud. Coun. form. roo 2.150 CRG

____
RODRIGO LQRA

DECLARA TION RE DILIGENCE

Case 3:08-cv-00454-H-LSP Case 3:08-cv-00L' -H-LSP

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Filed 07/01/2008 Filed 06/ -- "2008

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LAWOFFICES (IF AMYB. VANDEVELD 1850 5TH AVE. SAN DIEGO CA 92101 619-231-8883 Ref. No. Atty. File No.

: 0297932-01 : 08CV0454H(LSP)

UNITEDSTATEE DISTRICT COURT, SO. DISTRICT OF CA SOUTHERN JUDICIALDISTRICT
PLAINTIFF DEFENDANT

KARELSPIKES : TEPI.NORTE MEX-CITY;at. al.

Case No.: 08CV0454H(LSP) DECLARATIONOF MAILING

RE:

ROB ~RTO BARNET dba OLD COTIJAS

I am a citize'nof the United States and am employedinthe Countyof SANDIEGO,State of California. am I
over 18 years of age and not a party to this action. My business address is 2250 FOURTH AVENUE, SAN DIEGO CA 92101 On June 5, ,~008 I served the within documents: SUMMONS IN A CIVIL ACTION; FIRST AMENDED CIVIL COMPLAINT; NOTICE AND ORDER FOR EARLY NEUTRAL EVAULATION CONFERENCE; ANSWER TO CIVIL COMPLAINT On the party in said action, by mailing a true copy thereof (by first-class mail, postage prepaid), enclosed in a sealed envelope at the mail collection site at my place of employment, addressed to the following:
ROBEATO BARNET dba OLD COTIJAS 49881MPEAIAL AVENUE SAN DIEGO. CA 92113

I declare unde r penalty of perjury under the laws of the Slate of California that the foregoing is true and correct.

Executed on June 5.2008 at SAN DIEGO. California.

Signature: DECLARATIONOF MAILING

Case 3:08-cv-00454-H-LSP

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PROOF OF SERVICE I, the undersigned, declare that: I am authorized to serve the following document(s) in the within action pursuant to F.R.Civ.P. 4(c) and that the documents were served on today's date as follows: 1. Case Name/USDC Number: Spikes v. Tepi Norte Mex-City. et. al. USDC No.: 08 cv 0454 H (LSP) 2. Document(s) served: Request for Entry of Clerk's Default Against Defendant ROBERTO BARNET dba OLD COTIJAS; Declaration of Amy B. Vandeveld in Support of Request for Entry of Clerk's Default Against Defendant ROBERTO BARNET dba OLD COTIJAS 3. Person(s) served/Place of service: Pamela E. Havird, Esq. LAW OFFICES OF PAMELA E. HAVIRD P.O. Box 370342 San Diego,CA 92137 Facsimile: (858) 408-3323 email: [email protected] Counsel for Defendants FRANCISCO CHAVEZ and CHRISTINA CHAVEZ ROBERTO BARNET dba OLD COTIJAS 4988 Imperial Avenue San Diego, CA 92113 Defendant Manner of Service: (a) Personal Service: to the person served By handing [F.R.Civ.P. copies of the 5(b) (2) (A)].

4.

document(s)

/(b) Service bv Mail: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid, at San Diego, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing in the affidavit. [F.R.Civ.P. 5(b) (2) (B); Cal. Code of Civil Procedure, Sections 1013a, 2015] (c) Facsimile Transmission: From Fax No. (619) 2318329 to the facsimile number(s) listed on this proof of service. The facsimile machine I used complied with Rule 2003(3), and no error was reported by the machine. [[F.R.Civ.P. 5(b) (2) (D)]. I declare under penalty of perjury, under the laws of the State of California and the United States of America, that the foregoing is true and correct.
Executed On:

By:

1