Free Declaration in Support - District Court of California - California

Case 4:07-cv-04847-SBA

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DAWNIELL ZAVALA (SBN: 253130) HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: (415) 268-2000 Facsimile: (415) 268-1999 E-mail: [email protected] Attorney for Plaintiffs LAFACE RECORDS LLC; ELEKTRA ENTERTAINMENT GROUP INC.; UMG RECORDINGS, INC.; and WARNER BROS. RECORDS INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

LAFACE RECORDS LLC, a Delaware limited liability company; ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation; UMG RECORDINGS, INC., a Delaware corporation; and WARNER BROS. RECORDS INC., a Delaware corporation, Plaintiffs, v. JENNIFER LYNN GLASS, Defendant.

Case No.: 4:07-cv-04847-SBA Hon. Sandra Brown Armstrong DECLARATION OF DAWNIELL ZAVALA IN SUPPORT OF REQUEST TO ENTER DEFAULT

DECLARATION OF DAWNIELL ZAVALA IN SUPPORT OF REQUEST TO ENTER DEFAULT Case No. 4:07-cv-04847-SBA
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DECLARATION OF DAWNIELL ZAVALA I, DAWNIELL ZAVALA, declare: 1. I am an attorney at law licensed to practice before the Courts of the State of

California and this United States District Court. I am an attorney with the law firm of Holme Roberts & Owen LLP, attorneys for Plaintiffs. Unless otherwise stated, I have personal knowledge of the following facts and, if called and sworn as a witness, could and would competently testify thereto. 2. On September 20, 2007, Plaintiffs filed the Complaint in this case against Defendant.

Attached hereto as Exhibit A is a true and correct copy of the proof of service on file with the Court, reflecting that Defendant was served with the Summons and Complaint on August 9, 2008, by substitute service. 3. More than 20 days have elapsed since the date on which service of the Summons and

Complaint was effective. 4. Neither Plaintiffs nor the Court have granted Defendant any extension of time to

respond to the Complaint. 5. Defendant has failed to answer or otherwise respond to the Complaint, or serve a

copy of any answer or other response upon Plaintiffs' attorneys of record. 6. 7. I am informed and believe that Defendant is not an infant or incompetent person. A search for Defendant's name was conducted through the Defense Manpower Data

Center, Servicemembers Civil Relief Act database. That search revealed no evidence that Defendant is in the military service. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 12, 2008 at San Francisco, California.

DAWNIELL ZAVALA 1
DECLARATION OF DAWNIELL ZAVALA IN SUPPORT OF REQUEST TO ENTER DEFAULT Case No. 4:07-cv-04847-SBA
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EXHIBIT A

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PROOF OF SERVICE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I am employed in the office of Holme Roberts & Owen in San Francisco, California. I am over the age of eighteen years and not a party to the within action. My business address is 560 Mission Street, 25th Floor, San Francisco, CA 94105. On September 12, 2008, I served the foregoing documents described as: DECLARATION OF DAWNIELL ZAVALA IN SUPPORT OF REQUEST TO ENTER DEFAULT on the interested party in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: Jennifer Lynn Glass 12239 Toluca Drive San Ramon, CA 94583

BY 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 U.S. postal service on that same day with postage thereon fully prepaid at San Francisco, 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. (FEDERAL) 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. Executed on September 12, 2008 at San Francisco, California.

___________________ Della Grant

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