Free Declaration in Support - District Court of California - California

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Dawniell Alise Zavala (CA State Bar No. 253130) HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: (415) 268-2000 Facsimile: (415) 268-1999 Email: [email protected] Attorneys for Plaintiffs, UMG RECORDINGS, INC.; CAPITOL RECORDS, LLC; BMG MUSIC; ATLANTIC RECORDING CORPORATION; ELEKTRA ENTERTAINMENT GROUP INC.; SONY BMG MUSIC ENTERTAINMENT; and INTERSCOPE RECORDS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UMG RECORDINGS, INC., a Delaware corporation; CAPITOL RECORDS, LLC, a Delaware limited liability company; BMG MUSIC, a New York general partnership; ATLANTIC RECORDING CORPORATION, a Delaware corporation; ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; and INTERSCOPE RECORDS, a California general partnership, Plaintiffs, v. MEILING FELICITAS JOHANNA WACHHOLZ-YEE, Defendant. CASE NO. 3:07-CV-04852-VRW Honorable Vaughn R. Walker DECLARATION OF DAWNIELL ZAVALA IN SUPPORT OF REQUEST FOR CLERK'S ENTRY OF DEFAULT

DECLARATION OF DAWNIELL ZAVALA IN SUPPORT OF REQUEST FOR CLERK'S ENTRY OF DEFAULT Case No. 3:07-cv-04852-VRW
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DECLARATION OF DAWNIELL ALISE ZAVALA I, DAWNIELL ALISE ZAVALA, declare: 1. I am an attorney at law licensed to practice before the Courts of the State of

California and the United States District Court, Northern District of California. I am an associate with the law firm of Holme Roberts & Owen LLP, counsel of record 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 February 11, 2008, Plaintiffs filed the First Amended Complaint ("Complaint") in

this case against Defendant Meiling Felicitas Johanna Wachholz-Yee ("Defendant"). Attached 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 June 24, 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 formal 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 in the Department of Defense ­

Manpower Data Center. 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 this 5th day of September, 2008, at San Francisco, California.

Dawniell Alise Zavala 1
DECLARATION OF DAWNIELL ZAVALA IN SUPPORT OF REQUEST FOR CLERK'S ENTRY OF DEFAULT Case No. 3:07-cv-04852-VRW
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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 5, 2008, I served the foregoing documents described as: DECLARATION OF DAWNIELL ZAVALA IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT BY THE COURT on the interested party in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: Meiling Felicitas Johanna Wachholz-Yee 1646 Stony Brook Drive Salinas, CA 93906

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 5, 2008 at San Francisco, California.

Della Grant

1 PROOF OF SERVICE Case No. 3:07-cv-04852-VRW
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