Case 3:07-cv-02393-IEG-WMC
Document 6
Filed 02/19/2008
Page 1 of 9
1 II Amy B. Vandeveld, SBN 137904 LAW OFFICES OF AMY B. VANDEVELD
2 3
II
1850
Fifth Avenue, Suite 22
92101
San Diego, California
II
Telephone:
(619) 231-8883
Facsimile: (619) 231-8329 4 II Attorney for Plaintiff
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
20 21 22 KAREL SPIKES,
Plaintiff,
IN THE UNITED SOUTHERN
STATES
DISTRICT
COURT
DISTRICT
OF CALIFORNIA Case No.: 07 CV 2393 lEG (WMc)
IMPORT AUTO BODY; THOMAS MOFFITT DOES 1 THROUGH 10, Inclusive,
Defendants.
and
REQUEST FOR ENTRY OF CLERK'S DEFAULT AGAINST DEFENDANT IMPORT AUTO BODY
Plaintiff,
KAREL
SPIKES,
respectfully Court,
requests Southern
that the District,
Clerk of the United enter default SPIKES ~DOE", Agent Complaint
States
District
against
defendant
IMPORT AUTO BODY. on December 20, 2007 TOM
filed the instant
Complaint
for IMPORT AUTO BODY, was personally on January 11, 2008.
served with the
and Summons
The Proof of Service 30, 2008 (A copy
and Summons was filed with this Court on January of the Summons and Declaration of Service
filed with this Court of Amy B. Vandeveld
23 II is attached
24 II as Exhibit
to the accompanying
"A".)
Declaration
25 II 26 27 28
Pursuant
to F.R.Civ.P.
Rule 12, IMPORT AUTO BODY was within 20 days of said within to the the 20
required service.
to respond
to the Complaint
IMPORT AUTO BODY failed to file a response and, in fact, has never filed a response 1
day period
Case 3:07-cv-02393-IEG-WMC
Document 6
Filed 02/19/2008
Page 2 of 9
1 2
3 4 5
II
instant Complaint.
II
Plaintiff was subjected to discrimination in the instant
action because restroom of an inaccessible paths of travel, parking inaccessible spaces, as
II
II
facilities
and lack of accessible
II
well as lack of signage
for such space. Plaintiff for emotional
seeks $4,000.00 and other 52.
6 II per offense, 7 8 9 10 11
II
as well as damages
distress
injuries, Plaintiff
as authorized
by California
Civil Code Section
II
also seeks recovery by California
of his attorneys'
fees and costs,
II
as provided
Civil Code Sections
51, et seq., and 54 Disabilities Act,
II
et seq., and by Title 42 USC Sec. 12188.
III of the Americans
with
II
12
II
Resp~ctfully submitted:
, 2008
13 IIDATED
LAW
AMY B. VANDEVELD
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
AMYV~. VANDEVELD, Attorney for Plai
Case 3:07-cv-02393-IEG-WMC
Document 6
Filed 02/19/2008
Page 3 of 9
111Amy B. Vandeveld, State Bar No. 137904 LAW OFFICES OF AMY B. VANDEVELD 211 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 vs. 14
15 16 17 18
I, AMY B. VANDEVELD, declare: KAREL SPIKES, Plaintiff, DECLARATION OF AMY B. VANDEVELD IN SUPPORT OF REQUEST FOR ENTRY OF CLERK'S DEFAULT JUDGMENT AGAINST DEFENDANT IMPORT AUTO BODY Case No.: 07 CV 2393 lEG (WMc)
IMPORT AUTO BODY; THOMAS MOFFITT and DOES 1 THROUGH 10, Inclusive,
Defendants.
1.
admitted
I am the attorney for Plaintiff, and am licensed and
to practice District before all the courts of California, Court including
19
20 21 22 23 24 25 26 27
the Southern
of United
States District
in California. in this
2.
declaration testify 3.
I have
personal
knowledge
of the facts
set forth
and if called
as a witness facts.
I could competently
to the following Attached
hereto as Exhibit "A" is a true and correct copy of
the Summons and Return of Service of Defendant IMPORT AUTO BODY. 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
28
Printed
and correct.
on Recycled Paper
Case 3:07-cv-02393-IEG-WMC
Document 6
Filed 02/19/2008
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1
Executed this
day of
, 2008,
at
San
2" Diego, California.
3
4 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 3:07-cv-02393-IEG-WMC
Document 6
Filed 02/19/2008
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1 IIAmy
2 111850 3 II SAN
B.
5th
Vandeveld,
Avenue
Esq.
DIEGO,
CA.
92101
4 11619-231-8883
5 6
7 8 9 10 11 12 13
UNITED SOUTHERN
STATES DISTRICT
DISTRICT
COURT
OF CALIFORNIA
KAREL
SPIKES, PLAINTIFF, vs.
)
Case No.
07CV2393
IEG WMc
IMPORT
AUTO BODY,
et
al.,
DEFENDANT,
14
15 16 17
) ) PROOF ) ) ) ) ) ) )
OF SERVICE
I, I
RODRIGO am over I the
LORA, the age
declare of in
as
follows: years of and San not a party California, is 2250 to this
eighteen the County and
18 19 20 21
22
action. where Fourth I
am employed service San the
Diego, address
occurred Diego, following
my business
Avenue, served
CA 92101. documents: ACTION; COMPLAINT; CIVIL CASE COVER
SUMMONS IN A CIVIL SHEET
23 24
25
II
!'7\
PROOF OF SERVICE - 1
L
-
- --
--
--
-
Case 3:07-cv-02393-IEG-WMC
AMY~. VANDEVELD, ESa.SBN 1379u4 LAW OFFICES OF AMY B. VANDEVELD 1850 5TH AVE. SAN DIEGO CA 92101 619-231-8883 Ref. No. Attorney for: PLAINTIFF Atty. File No.
Document 6
Filed 02/19/2008
Page 6 of 9
0297903-02 07CV23931EGWMC
UNITED STATES DISTRICTCOURT, SO. DISTRICTOF CA SOUTHERN JUDICIAL DISTRICT PLAINTIFF DEFENDANT 1. 2. 3.
KAREL SPIKES IMPORT AUTO BODY, et al. Case No.: 07 CV 2393 lEG WMc PROOF OF SERVICE
At the time of service I was at least 18 years of age and not a partyto this action. I served copies of the SUMMONS IN A CIVIL ACTION; COMPLAINT;CIVIL COVER SHEET a. Party served b. Personserved
IMPORT AUTO BODY TOM "DOE", MANAGER (CAUC/M/58YRS/5'8" /180LBS/BROWN/BLONDE)
4.
Address where the party was served 8811 JAMACHA RD. SPRING VALLEY, CA 91977
(Business)
5.
I served the party b. by substituted service. On January 11, 2008 at 12:30 PM I left the documents listed in item 2 with or in the presence of TOM "DOE", MANAGER, CAUC/M/58YRS/5'8 "/180LBS/BROWN/BLONDE (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (4) a declaration of mailing is attached. (5) I attach a declaration of diligence stating actions taken first to attempt personal service.
6.
The "Notice to the person served" (on the summons) was completed as follows: c. on behalf of: IMPORT AUTO BODY under [xx] CCP 416.10 (corporation)
7.
Person who served papers a. RODRIGO LORA b. KNOX ATTORNEY SERVICE, INC. 2250 Fourth Avenue San Diego, California 92101 c. 619-233-9700
d. Fee for service: $52.75 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 pe~ury under the laws of the State of California that the foregoil1g is true and correct.
Date: January 24, 2008
Signature: RODRIGO LORA
Jud. Coun. form, rule 982.9 JC Form POS 010 (Rev. January 1,2007)
PROOF OF SERVICE
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Case 3:07-cv-02393-IEG-WMC
AMY B. VANDEVELD,Esa.SBN 137904 LAW OFFICES OF AMY B. VANDEVELD 1850 5TH AVE. SAN DIEGO CA 92101 Ref. No. 619-231-8883 Attorney for: PLAINTIFF Atty. File No.
Document 6
Filed 02/19/2008
Page 7 of 9
: 0297903-02 : 07CV23931EGWMC
UNITED STATES DISTRICT COURT, SO. DISTRICT OF CA SOUTHERN JUDICIAL DISTRICT PLAINTIFF DEFENDANT KAREL SPIKES IMPORT AUTO BODY, et al. Case No.: 07 CV 2393 lEG WMc DECLARATION REGARDING DILIGENCE
I received the within process on 01/09/08. 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 IMPORT AUTO BODY 8811 JAMACHA RD., SPRING VALLEY CA 91977
Attempts to effect service are as follows: 01/09/0803:44P 01/10/0807:54A 01/11/0812:30P Attempted service at business; subject not in Attempted service at business; subject not in Attempted service-effected substitute service
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: January 24, 2008
Signature: RODRIGO LORA
Jud. Coun. form, rule 982.9
DECLARATION RE DILIGENCE
...
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Case 3:07-cv-02393-IEG-WMC
AMY B. VANDEVELD,ESa.SBN 13/~04
Document 6
Filed 02/19/2008
Page 8 of 9
LAW OFFICES OF AMY B. VANDEVELD 1850 5TH AVE. SAN DIEGO CA 92101 Ref. No. 619-231-8883 Atty. File No. Attorney for: PLAINTIFF
: 0297903-02 : 07CV23931EGWMC
UNITED STATES DISTRICT COURT, SO. DISTRICT OF CA SOUTHERN JUDICIAL DISTRICT PLAINTIFF DEFENDANT KAREL SPIKES IMPORT AUTO BODY, et al. Case No.: 07 CV 2393 lEG WMc DECLARATION OF MAILING
RE:
IMPORT AUTO BODY
I am a citizen of the United States and am employed in the County of SAN DIEGO, State of California. I am over 18 years of age and not a party to this action. My business address is 2250 FOURTH AVENUE, SAN DIEGO CA 92101 On January 23, 2008 I served the within documents: SUMMONS IN A CIVIL ACTION; COMPLAINT; CIVIL COVER SHEET 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: IMPORT AUTO BODY 8811 JAMACHA RD. SPRING VALLEY, CA 91977
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 23,2008 at SAN DIEGO, California.
Signature: DECLARATION OF MAILING
Case 3:07-cv-02393-IEG-WMC
Document 6
Filed 02/19/2008
Page 9 of 9
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. Import Auto Body USDC No.: 07 cv 2393 IEG (Wmc) 2. Document(s) served: REQUEST FOR ENTRY OF CLERK I S DEFAULT AGAINST DEFENDANT IMPORT AUTO BODY;DECLARATION OF AMY B. VANDEVELD IN SUPPORT OF REQUEST FOR ENTRY OF CLERK'S DEFAULT JUDGMENT AGAINST DEFENDANT IMPORT AUTO BODY 3. Person(s) served/Place of service: IMPORT AUTO BODY 8811 Jamacha Road Spring Valley, CA 91977 Defendant Mark M1ller, Esq. Larissa L. Lazarus, Esq. LAW OFFICES OF MARK MILLER 2341 Jefferson Street, Suite 100 San Diego, CA 92110 Counsel for Defendant THOMAS MOFFITT
4.
Manner of Service:
(a) Personal Service: to the person served By handing [F.R.Civ.P. copies of the 5(b) (2) (A)].
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)
Procedure, Sections 1013a, 2015]
(2) (B);
Cal. Code of Civil
(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:
:Z-!Iq /ol
By: !