Case 3:07-cv-02394-LAB-WMC
Document 8
Filed 02/13/2008
Page 1 of 8
1
II
Amy B. Vandeveld, SBN 137904
LAW OFFICES OF AMY B. VANDEVELD 92101
2
3
II
1850
Fifth Avenue, Suite 22 (619) 231-8883
San Diego, California
II
Telephone:
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 23
II
IN THE UNITED SOUTHERN KAREL SPIKES,
Plaintiff,
STATES
DISTRICT
COURT
DISTRICT
OF CALIFORNIA Case No.: 07 CV 2394 LAB (WMc) REQUEST FOR ENTRY OF CLERK'S DEFAULT AGAINST DEFENDANT ANDREW MACIEJEWSKI
EUROPEAN CAR SERVICE; ANDREW MACIEJEWSKI; ZENNON SMOCZYNSKI DOES 1 THROUGH 10, Inclusive, Defendants.
and
Plaintiff,
KAREL SPIKES, States
respectfully Court,
requests Southern
that the District,
Clerk of the United enter default SPIKES ANDREW Summons
District
against
defendant
ANDREW
MACIEJEWSKI. on December 20, 2007. and
filed the instant
Complaint
MACIEJEWSKI on January
was personally 15, 2008.
served with the Complaint
The Proof of Service 23, 2008
and Summons
was filed with this Court on January Summons attached
II
(A copy of the
and Declaration
of Service
filed with this Court is of Amy B. Vandeveld as
24
25
to the accompanying "A".)
Declaration
Exhibit
26 II 27
28
II
Attached as Exhibit "B" to the Vandeveld Declaration is the
of Greg Cole, process served an individual server, confirming that he as Andrew
Declaration personally
who identified
himself
1
Case 3:07-cv-02394-LAB-WMC
Document 8
Filed 02/13/2008
Page 2 of 8
1
2 3 4 5 6
II
Maciejewski
at approximately to F.R.Civ.P.
10:00 a.m. on January Rule 12, ANDREW within
15, 2008. was
II
Pursuant required service.
MACIEJEWSKI
II
to respond ANDREW
to the Complaint
20 days of said within to the the
II
MACIEJEWSKI
failed to file a response filed a response
II
20 day period instant
and, in fact, has never
II
Complaint.
7
8 9 10 11 12
II
Plaintiff was subjected to discrimination in the instant
action because accessible space. of inaccessible paths of travel and lack of an for such
II
II
parking
space, as well as lack of signage seeks $4,000.00 per offense,
II
Plaintiff
as well as damages by
II
for emotional California
distress
and other injuries, 52.
as authorized
II
Civil Code Section
Plaintiff
also seeks recovery by California Civil
13 14 15 16 17 18 19 20 21 22 23 24 25
26 27 28
of his attorneys' Code Sections the Americans
fees and costs, as provided
51, et seq., and 54 et seq., and by Title with Disabilities submitted: Act, 42 USC Sec. 12188.
III of
Respectfully
DATED
1- / I)
I
, 2008
B. VANDEVELD, Attorney for Plaintiff
2
Case 3:07-cv-02394-LAB-WMC
Document 8
Filed 02/13/2008
Page 3 of 8
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
1111 KAREL SPIKES, Plaintiff,
12 13
Case No.: 07 CV 2394 LAB (WMc)
vs.
MACIEJEWSKI; ZENNON SMOCZYNSKI and DOES 1 THROUGH 10, Inclusive,
Defendants.
14 EUROPEAN CAR SERVICE; ANDREW
15 16 17 18 19 20 21 22 23
I, AMY B. VANDEVELD, 1. admitted including declare:
DECLARATION OF AMY B. VANDEVELD IN SUPPORT OF REQUEST FOR ENTRY OF CLERK'S DEFAULT JUDGMENT AGAINST DEFENDANT ANDREW MACIEJEWSKI
I am the attorney to practice before
for Plaintiff, all the courts of United
and am licensed of California, States District
and
the Southern
District
Court
in California.
2.
I have personal knowledge of the facts set forth in
24 25
26 27
this Declaration and if called as a witness I could competently
testify to the following Attached hereto facts. as Exhibit "A" is a true and correct of Defendant ANDREW
3.
copy of the Summons
and Return of Service
28
------
Case 3:07-cv-02394-LAB-WMC
Document 8
Filed 02/13/2008
Page 4 of 8
111 MACIEJEWSKI.
2
4.
Attached
hereto
as Exhibit
"B" is a true and correct process server,
311 copy of the Declaration 411 confirming 511 himself
611 January
711
of Greg Cole, certified
that he personally Maciejewski
served an individual at approximately
who identified
as Andrew
15, 2008.
10:00 a.m. on
I declare under penalty of perjury under the laws of the
and the United States of America that the
811 State of California 911 foregoing
10 IIand
is true
correct.
1111
1211 Diego, 13 14 15 16 17 18
Executed
this
day of
, 2008, at San
California.
19 20 21 22 23 24 25 26 27 28
Case 3:07-cv-02394-LAB-WMC
~
Document 8
Filed 02/13/2008
Page 5 of 8
IIAmY ~. Vandeveld,
5th
Esq.
2 111850
Avenue CA. 92101
3 II SAN DIEGO,
4 11619-231-8883
5
6
7
UNITED
SOUTHERN
STATES DISTRICT
DISTRICT OF
COURT
CALIFORNIA
B
9 II KAREL 10 11
SFIKES ,
PLAINT
VS.
Case No. 07CV2394 LAB WMC IFF,
PROOF OF SERVICE
11
II
12 "EUROPEMi- CAR SERVICE,
13 14 15
at al. I
DEFENDANT,
16 17
I, GREG COLE,
declare
as follows:
I f~ over the age of eighteen years and not a party to this action. I am employed in the County of San Diego, California,
occurred and my business address is 2250
18
19 where the service
20 21 22
Fourth JLvenue, San Diego, CA 92101. I s:erved the following documents:
SUNMONS IN A CIVIL ACTION; COHPLAINTj CIVIL CASE COVER
SHEET
23
24 25
II II
PROOF OF SERVICE
-
1
-Ibfdbit -8:
. I
Case 3:07-cv-02394-LAB-WMC
AMi's, VAND'~VE\lJ. sa.S8N 137904 E
LAW OFFICES OF AMY B. VANDEVELD 1850 5TH AVE. SAN DIEGO CA 92101 619.231.8B83 Ref. No. Attorney for: PLAINTIFF Atty. Rle No.
Document 8
Filed 02/13/2008
Page 6 of 8
: 0297901-02 : 07CV2394LABWMC
UNITED STATES DISTRICT COURT, SO. DISTRICT OF CA SOUTHERN JUDICII\L DISTRICT PLAINTIFF DEFENDANT
: KAREL SPIKES : EUROPEAN CAR SERVICE. et al.
Case No.: 07 CV 2394 LAB WMC
PROOF OF SERVICE
1. 2.
At the time of service I was at least 18 years of age and not a party to this action. I served copiesof the SUMMONS IN A CIVil ACTION; COMPLAINT;CIVIL COVER SHEET a. Party served b. Personsep.ed
ANDREW MACIEJEWSKI Party In item 3a
3.
4.
Address where the party was served 8855 LA MESA BOULEVAAD LA MESA. CA 91941 (Business) I served the party
5.
a. by parsonfll service. I personaHydelivered the documentslisted in item 2 to the party or person authorized to
receive service of process for the party (1) on January 15. 2008 (2) at: 10:00 AM
6. The "Notice to the person served" (on the summons) was completed as follows: a. as an Indivijual defendant.
7.
Person who served papers
a. GREG C01.E b. KNOXATTORNEY SERVICE, INC. 2250 Fourth Avenue San Diego, California 92101 c. 619-233-9700
d. Fee for service: $28.75 e. I am: (3) a registered California process server (i) an independent contractor (ii) Registration No.: 387 (Iii) County: SAN DIEGO. CA
8.
I declare under penalty of perjury under the laws of the State of CaUfor
Date: January 16. 2008
Signature:
Jud.
CoUI!. lorm. rule 982.9 1. 2007)
PROOF OF SERVICE
JC Form POS 010 (Rev. JtIIlllnry
., ~.., o..!, ~ " E::.- ..".. . - A1.--
Case 3:07-cv-02394-LAB-WMC
Document 8
Filed 02/13/2008 ------
Page 7 of 8
1 IIAMY B. VANDEVELD, ESQ., SBN 137904 LAW OFFICES OF AMY B. VANDEVELD 2 1118 5 0 5TH AVE. SAN DIEGO CA 92101 3 II Phone: 619-231-8883 4 IIAttorney 5 6 7 8
9
10
for
Plaintiff,
KAREL SPIKES
UNITED STATES DISTRICT SOUTHERN DISTRICT
COURT
OF CALIFORNIA
11 II KAREL 12 II
13
II
SPIKES, Plaintiff,
Case
No.:
07 CV 2394 LAB WMc
DECLARATION OF GREG COLE REGARDING SERVICE OF SUMMONS IN
A CIVIL
vs.
et al.,
ACTION AND COMPLAINT
ANDREW
14 II EUROPEAN CAR SERVICE,
15 16 17 18 19 20
21
UPON DEFENDANT, MACIEJEWSKI
Defendants
I, matters that
Greg
Cole,
declare herein.
that
I have
personal
knowledge herein,
of
the
contained I do not have and
To those
matters
contained
personal knowledge of, I state them upon
If called as a witness, I can and will
information
belief.
competently
testify to the matters contained herein.
22 23
I am an independent California registered process server
(San Diego County Service, Registration No. 387) for Knox Attorney San Diego, CA I am over the
24 25
Inc., located
at 2250 Fourth Avenue,
92101; the business
phone number
is (619)233-9700.
DECLARATION OF GREG COLE
-
1
e~
----
Case 3:07-cv-02394-LAB-WMC
Document 8
Filed 02/13/2008
Page 8 of 8
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. European Car Service USDC No.: 07 cv 2394 LAB (HMc) 2. Document(s) served: REQUEST FOR ENTRY OF CLERK'S DEFAULT AGAINST DEFENDANT ANDREW MACIEJEWSKI; DECLARATION OF AMY B. VANDEVELD IN SUPPORT OF REQUEST FOR ENTRY OF CLERK'S DEFAULT JUDGMENT AGAINST DEFENDANT ANDREW MACIEJEWSKI Person(s) served/Place of service: Thanasi Preovo1os, Esq. PREOVOLOS & ASSOCIATES, ALC 401 B Street, Suite 1160 San Diego, CA 92101 Facs~i1e: (619) 238-5344 Counse1 for Defendants EUROPEAN CAR SERVICE and ZENON SMOCYNSKI
3.
Andrew Maciejewski 8855 La Mesa Bou1evard La Mesa, CA 91941 Defendant 4. Manner of Service: (a) Personal Service: document(s) to the person served
By handing [F.R.Civ.P.
copies of the 5(b) (2) (A)].
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:
~
(b)
Service bv Mail:
I am "readily familiar" with
2!r3/0[
By:
LAURIE MILLER
~~