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

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

Page 4 of 9

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

Page 5 of 9

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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,

8

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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
...

~. ... .-, ~ t. .{ L ,- ~ '- J.I__ .!l 3

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: !