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

Case 3:07-cv-02394-LAB-WMC

Document 8

Filed 02/13/2008

Page 1 of 8

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II

Amy B. Vandeveld, SBN 137904
LAW OFFICES OF AMY B. VANDEVELD 92101

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1850

Fifth Avenue, Suite 22 (619) 231-8883

San Diego, California
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Telephone:

Facsimile: (619) 231-8329 4 II Attorney for Plaintiff

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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
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(A copy of the

and Declaration

of Service

filed with this Court is of Amy B. Vandeveld as

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to the accompanying "A".)

Declaration

Exhibit

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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

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Case 3:07-cv-02394-LAB-WMC

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Maciejewski

at approximately to F.R.Civ.P.

10:00 a.m. on January Rule 12, ANDREW within

15, 2008. was

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Pursuant required service.

MACIEJEWSKI

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to respond ANDREW

to the Complaint

20 days of said within to the the

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MACIEJEWSKI

failed to file a response filed a response

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20 day period instant

and, in fact, has never

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Complaint.

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II

Plaintiff was subjected to discrimination in the instant
action because accessible space. of inaccessible paths of travel and lack of an for such

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parking

space, as well as lack of signage seeks $4,000.00 per offense,

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Plaintiff

as well as damages by

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for emotional California

distress

and other injuries, 52.

as authorized

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Civil Code Section

Plaintiff

also seeks recovery by California Civil

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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

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Case 3:07-cv-02394-LAB-WMC

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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

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Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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1111 KAREL SPIKES, Plaintiff,

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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

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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

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Case 3:07-cv-02394-LAB-WMC

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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.

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Case 3:07-cv-02394-LAB-WMC
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IIAmY ~. Vandeveld,
5th

Esq.

2 111850

Avenue CA. 92101

3 II SAN DIEGO,
4 11619-231-8883

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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

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II

12 "EUROPEMi- CAR SERVICE,
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at al. I

DEFENDANT,

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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

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19 where the service
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Fourth JLvenue, San Diego, CA 92101. I s:erved the following documents:

SUNMONS IN A CIVIL ACTION; COHPLAINTj CIVIL CASE COVER
SHEET

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PROOF OF SERVICE

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-Ibfdbit -8:
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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.

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: 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

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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
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for

Plaintiff,

KAREL SPIKES

UNITED STATES DISTRICT SOUTHERN DISTRICT

COURT

OF CALIFORNIA

11 II KAREL 12 II
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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,
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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.

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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

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Inc., located

at 2250 Fourth Avenue,

92101; the business

phone number

is (619)233-9700.

DECLARATION OF GREG COLE

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e~

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Case 3:07-cv-02394-LAB-WMC

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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. 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:

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(b)

Service bv Mail:

I am "readily familiar" with

2!r3/0[

By:

LAURIE MILLER

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