Free Declaration in Support - District Court of California - California

Case 3:07-cv-05095-SI

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1 NEELAM CHANDNA (CSB 192972) HIRSCH ADELL (CSB 34208), and 2 J. DAVID SACKMAN (CSB 106703), Members of REICH, ADELL & CVITAN 3 A Professional Law Corporation 3550 Wilshire Blvd., Suite 2000 4 Los Angeles, California 90010 Telephone: (213) 386-3860 5 Facsimile: (213) 386-5583 E-Mail: [email protected]; [email protected] 6 Attorneys for PLAINTIFFS TRUSTEES OF THE BAKERY & CONFECTIONERY 7 WESTERN CONFERENCE DENTAL FUND 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 10 11 TRUSTEES OF THE BAKERY & ] CONFECTIONERY WESTERN CONFERENCE ] 12 DENTAL FUND, ] ] 13 ] Plaintiffs, ] 14 ] ] v. 15 ] ] 16 NELDAM'S DANISH BAKERY, INC. ] ] 17 ] Defendant. ] 18 19 20 21 22 I, Neelam Chandna, declare as follows: 23 24 1. 25 licensed to practice law in the State of California and admitted 26 to practice before the United States District Court for the 27 Northern District of California. 28 -1154 114 .1

CASE NO. C07 5095 SI DECLARATION OF NEELAM CHANDNA IN SUPPORT OF DEFAULT JUDGMENT AND FOR ORDER ENLARGING TIME TO 21 DAYS TO FILE MOTION FOR ATTORNEY'S FEES AND BILL OF COSTS [Fed.R.Civ.P. 55(b)(2); Local Rules 6-3 and 54-6(a)] Date: February 22, 2008 Time: 9:00 a.m. Ctrm: 10 450 Golden Gate Ave. San Francisco, CA 94102

[Identification/Capacity]

I am an attorney duly

I am a member of Reich, Adell &

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1 Cvitan, a Professional Law Corporation, attorneys of record for 2 Plaintiffs. The facts stated herein are within my personal

3 knowledge and if called upon to testify I can truthfully and 4 competently do so as to all matters herein. 5 6 2. [Infant or Incompetent Person] Defendant NELDAM'S

7 DANISH BAKERY, INC. is a corporate entity and not a natural 8 person. 9 10 3. [Nonmilitary Status of Defendant] The Soldiers' and Hence, defendant is not an infant or incompetent person.

11 Sailors' Civil Relief Act of 1940, 50 App. U.S.C. § 520, is 12 inapplicable to Defendant, NELDAM'S DANISH BAKERY, INC., a 13 corporate entity. 14 15 16 4. [Service of Summons and Complaint/Entry of Default]

Defendant NELDAM'S DANISH BAKERY, INC., a California

17 corporation, was served by substituted service of the Summons and 18 Complaint pursuant to California Code of Civil Procedure §415.20 19 and Fed.R.Civ.P. §4(e)(1) on October 16, 2007. Service was

20 effected on Defendant by delivery of said documents to Defendant 21 to the person apparently in charge at Defendant's office located 22 at 3401 Telegraph Avenue, Oakland, California 94609, with mailing 23 completed on October 23, 2007. 24 on November 29, 2007. 25 26 5. [Damages Requested] As alleged in paragraphs 5, 6, and Default by the Clerk was entered

27 7 of the complaint, and paragraphs (a) through (c) of the prayer 28 for relief, Plaintiffs seek damages, pursuant to contractual -2154 114 .1

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1 provisions in the collective bargaining agreement and written plan 2 provisions, as follows: 3 4 5 6 7 8 6. [Attorney Fees and Costs] As alleged in paragraph (d) a. b. c. Delinquent Contributions $ 5,253.00; Interest on Contributions Liquidated Damages $ 258.89;

$ 1,050.60.

9 of the prayer for relief, plaintiffs request that attorney's fees 10 and costs be added to this Default Judgment. 11 attorney's fees and costs is mandated by 12 U.S.C. § 1132(g)(2)(D). 13 14 15 16 17 18 19 7. [Judgment] Judgment is therefore requested as follows: An award of

ERISA § 502(g)(2)(D), 29

Delinquent Contributions $ 5,253.00 Interest on Contributions Liquidated Damages SUBTOTAL: $ 258.89 $ 1,050.60 $ 6,562.49

As discussed in paragraph 6 above, Plaintiffs request that

20 the amounts for the bill of cost and the attorney's fees be added 21 to this Judgment after such Judgment is entered and that such fees 22 and costs be considered nunc pro nunc part of this Judgment, and 23 not a separate judgment. 24 / / 25 / / 26 8. [Request for Enlargement of Time to File Motion for Plaintiffs request additional

27 Attorney's Fees and Bill of Costs]

28 time to file their Motion for Attorney's Fees and a separate Bill -3154 114 .1

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1 of Costs.

Since the monthly billing cycle of the firm ends at the

2 end of a calendar month and this judgment will be heard on 3 February 22, 2008, the extra seven days will permit this office to 4 calculate more accurately the attorney's fees calculated through 5 the end of February 2008. This extra time will permit accuracy Since Defendant has

6 and efficiency in assessing attorney's fees.

7 made no appearance in this matter, stipulation of the parties is 8 not possible. 9 10 I declare under penalty of perjury under the laws of the

11 United States of America that the foregoing is true and correct. 12 13 Executed this 7th day of January 2008, at Los Angeles,

14 California. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES -4154 114 .1

/s/ NEELAM CHANDNA Attorneys for Plaintiffs

PROOF OF SERVICE

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1

I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the 2 within action; my business address is 3550 Wilshire Blvd., Suite 2000, Los Angeles, California 90010. 3 On January 7, 2008, I served the foregoing document described 4 as DECLARATION OF NEELAM CHANDNA IN SUPPORT OF DEFAULT JUDGMENT AND FOR ORDER ENLARGING TIME TO 21 DAYS TO FILE MOTION FOR 5 ATTORNEY'S FEES AND BILL OF COSTS on the interested parties(s) by placing. 6 7 the original X a true copy thereof

8 enclosed in a sealed envelope and addressed as set forth: 9 10 11 12 13 14 15 16 17 18 19 x 20 21 Executed on January 7, 2008, at Los Angeles, California. 22 23 24 25 26 27 28 -5154 114 .1

NELDAM'S DANISH BAKERY 3401 Telegraph Avenue Oakland, CA 94609 (By Mail) As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (By Fax) The facsimile machine I used complied with California Rules of Court 2003(3) and no error was reported by the machine. (Federal Court) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

x

/s/ Maria Hoang