Free Motion for Entry of Default - District Court of California - California

Case 3:08-cv-00988-JSW

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Filed 06/06/2008

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Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square 1114 Fremont Ave. South Pasadena, CA 91030 Tel: 626-799-9797 Fax: 626-799-9795 [email protected] Attorneys for Plaintiff J & J Sports Productions, Inc. UNITED STATES DISTRICT COURT
OF THE NORTHERN DISTRICT OF CALIFORNIA

J & J Sports Productions, Inc. Case No. 3:08-cv-00988-JSW Plaintiff, REQUEST TO ENTER DEFAULT vs. Valentin A. Torres, individually and d/b/a Star Laundry a/k/a La Torta Loca, Defendant. TO: THE CLERK OF THE ABOVE-ENTITLED COURT: Plaintiff, J & J Sports Productions, Inc., hereby requests that the Clerk of the above-entitled Court enter default in this matter against Defendant Valentin A. Torres, individually and d/b/a Star Laundry a/k/a La Torta Loca, on the grounds that said Defendant has failed to appear or otherwise respond to the Summons and Complaint within the time prescribed by the Federal Rules of Civil Procedure. ///

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Said Defendant was duly served with the Summons and Complaint, evidenced by the Proof of Service on file with this Court.

Dated: June 6, 2008

/s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Productions, Inc.,

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PROOF OF SERVICE (SERVICE BY MAIL) I declare that: I am employed in the County of Los Angeles, California. I am over the age of eighteen years and not a party to the within cause; my business address is First Library Square, 1114 Fremont Avenue, South Pasadena, California 91030. I am readily familiar with this law firm's practice for collection and processing of correspondence/documents for mail in the ordinary course of business. On June 6, 2008, I served: REQUEST TO ENTER DEFAULT On all parties referenced by enclosing a true copy thereof in a sealed envelope with postage prepaid and following ordinary business practices, said envelope was duly mailed and addressed to: Valentin A. Torres (Defendant) 1399 Leonard Drive San Leandro, CA 94577 Omar Torres (Defendant) 1399 Leonard Drive San Leandro, CA 94577

I declare under the penalty of perjury pursuant to the laws of the United States that the foregoing is true and correct and that this declaration was executed on June 6, 2008, at South Pasadena, California. Dated: June 6, 2008 /s/ Terry Houston TERRY HOUSTON

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Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square 1114 Fremont Ave. South Pasadena, CA 91030 Tel: 626-799-9797 Fax: 626-799-9795 [email protected] Attorneys for Plaintiff J & J Sports Productions, Inc. UNITED STATES DISTRICT COURT OF THE NORTHERN DISTRICT OF CALIFORNIA J & J Sports Productions, Inc. Plaintiff, vs. Valentin Torres, et al. Defendant. Case No. 3:08-cv-00988-JSW AFFIDAVIT OF PLAINTIFF'S COUNSEL IN SUPPORT OF PLAINTIFF'S REQUEST TO ENTER DEFAULT

To: The Clerk of the above-entitled Court: I, Thomas P. Riley, declare as follows: 1. action. 2. /// On May 12, 2008, Defendant was duly served with Summons and Complaints and supplemental suit papers filed in this action. I am the attorney for J & J Sports Productions, Inc., in the above-entitled

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3. 4. 5.

On or about May 21, 2008, the Proof of Service, evidencing same was The Defendant has not appeared in this action and has not responded to the Defendant is not an infant, incompetent person or person in military service

filed with the Court. Complaint within the time permitted by law. or otherwise exempted from default judgment under the Soldiers' and Sailors' Civil Relief Act of 1940. 6. Plaintiff respectfully requests default in its favor.

I declare under the penalty of perjury of the laws of the State of California and the United States of America that the above is true and correct.

Respectfully submitted,

Dated: June 6, 2008

/s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J Sports Production, Inc.

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PROOF OF SERVICE (SERVICE BY MAIL) I declare that: I am employed in the County of Los Angeles, California. I am over the age of eighteen years and not a party to the within cause; my business address is First Library Square, 1114 Fremont Avenue, South Pasadena, California 91030. I am readily familiar with this law firm's practice for collection and processing of correspondence/documents for mail in the ordinary course of business. On June 6, 2008, served: AFFIDAVIT OF PLAINTIFF'S COUNSEL IN SUPPORT OF PLAINTIFF'S REQUEST TO ENTER DEFAULT On all parties referenced by enclosing a true copy thereof in a sealed envelope with postage prepaid and following ordinary business practices, said envelope was duly mailed and addressed to: Valentin A. Torres (Defendant) 1399 Leonard Drive San Leandro, CA 94577 Omar Torres (Defendant) 1399 Leonard Drive San Leandro, CA 94577

I declare under the penalty of perjury pursuant to the laws of the United States that the foregoing is true and correct and that this declaration was executed on June 6, 2008, at South Pasadena, California. Dated: June 6, 2008 /s/ Terry Houston TERRY HOUSTON

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