031319 Opposition To Defendants Motion

Motion

Cal. Super. - 5th Dist.October 15, 2018

© 0 39 O N Wn h r W N = N N N N N ND N N ND M m e e e m e m e m e m e e c o JI O N Wn BRA W N = O VO N N B R A W N = O ELECTRONICALLY FILED Robert N. Phan (Bar No. 217283) Karn C oh Ar Sumo Court Juan. D. Garcia (Bar No. 215980) By Grecia C dt - GARCIA & PHAN, A Prof. Law Corp. y Gracle Gdodson, Deputy 17011 Beach Blvd., Suite 540 Huntington Beach, California 92647 714-848-8200 (main) 714-677-4005 (facsimile) Attorneys for Plaintiff, KAMALJEET SINGH SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF KERN - METROPOLITAN DIVISION CASE NO.: BCV-18-102609 Assigned to: Hon. Thomas S. Clark (Department 17) Date Filed: October 15, 2018 Trial: none PLAINTIFF’S OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT AND VACATE JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF OPPOSITION; REQUEST FOR ATTORNEY'S FEES AND COSTS IN THE AMOUNT OF $1,000.00; DECLARATION OF ROBERT N. PHAN; ATTACHED EXHIBITS Date: March 13, 2019 Time: 8:30 a.m. Dept.: 17 KAMALJEET SINGH, Plaintiff, VS. GURIJIT SINGH dba MANAK TRANSPORT; and DOES 1 to 20, Defendants. N r N r N r N r N r N r ” N r N N a N e N N TO DEFENDANT IN PRO PER: PLEASE TAKE NOTICE that Plaintiff, KAMALJEET SINGH, hereby submits the following opposition (the “Opposition”) to Defendant’s Motion For Order Setting Aside Default and Vacate Judgment (hereinafter the “Motion”). Plaintiff’s Opposition to the Motion is based on the following compelling grounds: 11 p-OPP to Mot to Set Aside.wpd 1 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT O© o o 3 O O WD» Bb WwW N = NN N N N N N N N N N e m e m e m e m e m p m e m e d c o NN O N Wn BRA W I N D = OO O N S N R W ND = O (1) Plaintiff never received notice of Defendant’s Motion to Set Aside Default. (2) Defendant has utterly failed to satisfy his burden in demonstrating that he was not personally served. (3) The Court should order Defendant to pay a penalty to Plaintiff’s' counsel should the Court grant Defendant's Motion. L INTRODUCTION This is essentially a breach of contract case wherein Plaintiff entered into an agreement with Defendant to purchase Defendant’s commercial truck. Monies were paid to Defendant. However, Defendant breached the agreement between the parties by failing to transfer title and ownership of the commercial truck to Plaintiff. On October 15, 2018, Plaintiff filed the instant action against Defendant. (Phan Declr. - 92.) On October 23, 2018, Defendant was served by substitute service at his workplace. Specifically, the Summons and Complaint package was personally handed to a female at Defendant’s workplace. (Phan Declr. - 43; Exh. “A” - POS Summons and Declaration of Due Diligence.) On October 29, 2018, the registered process server, Frank Fernandez, also mailed the Summons and Complaint package directly to Defendant. ((Phan Declr. - 4; Exh. “B” - Declaration of Mailing.) On December 14, 2018, Plaintiff filed a Request for Entry of Default against Defendant. ((Phan Declr. - 5; Exh. “C” - Request for Entry of Default.) On this same date, Plaintiff also mailed a copy of the Request for Entry of Default directly to Defendant’s workplace where he was sub-served. ((Phan Declr. - q5; See Exh. “C” - Declaration of Mailing - Page 2.) On December 14, 2018, the Court entered the default against Defendant. (Phan Declr. - 96.) Literally, on March 12, 2019, Plaintiffs counsel just learned that Defendant filed a p-OPP to Mot to Set Aside.wpd 2 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT © 0 39 O N Wn h r W N = N N N N N N N N ND mm mm e m e m e m m m e m e e c o JI O N Wn BRA W N = O VO N N B R A W N = O Motion to Set Aside the Default. (Phan Declr. - 47.) Contrary to what is indicated on the proof of service on the Motion, Plaintiff never received a copy of the Motion and was never provided notice of the underlying Motion. (Phan Declr. - 47.) This is the reason why Plaintiff’s Opposition was filed the day before the hearing on the Motion. (Phan Declr. - 97.) For the reasons set forth below, the underlying Motion should be denied in its entirety. IL. DEFENDANT HAS UTTERLY FAILED TO SATISFY HIS BURDEN IN DEMONSTRATING THAT HE WAS NOT PERSONALLY SERVED Defendant has failed to demonstrate that he was not personally served. It is the defendant who has the burden to show that he or she has not been properly served. Brockman v. Wagenbach (1957) 152 Cal. App. 2d 603, 615. A party seeking relief under section 473.5 must provide an affidavit showing under oath that his or her lack of actual notice in time to defend was not caused by inexcusable neglect or avoidance of service. Tunis v. Barrow (1986) 184 Cal. App. 3d 1069, 1077-1078; Code Civ. Proc. § 473.5(Db). Furthermore, a denial of a §473 motion will not be disturbed on appeal when excusability of neglect is not adequately demonstrated. Adoption of Aaron H. (2000) 84 Cal. App.4th 786, 790. Moreover, Evidence Code section 647 provides that a registered process server’s declaration of service establishes a presumption affecting the burden of producing evidence of the facts stated in the declaration. (See also Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal. App.4th 789, 795 [filing of proof of service that complies with the applicable statutory requirements creates a presumption of proper service.]) Jurisdiction depends on the fact of service, rather than the proof thereof. Code of Civ. Proc. § 417.10, Judicial Council Comments (citing Herman v. Santee (1894) 103 Cal. 519, 523. Defendant’s self-serving declaration falls embarrassingly short of showing lack of actual notice of the lawsuit. Other than adroitly claiming that he was never served, p-OPP to Mot to Set Aside.wpd 3 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT © 0 39 O N Wn h r W N = N N N N N N N N ND mm mm e m e m e m m m e m e e c o JI O N Wn BRA W N = O VO N N B R A W N = O nothing more is provided. The Court is respectfully directed to the fact that no evidence whatsoever has been provided by Defendant to refute the proof of service of summons by California registered process server Mr. Fernandez who states under penalty of perjury that Defendant was properly served on October 23, 2018. Furthermore, the registered process server also mailed the Summons and Complaint package directly to Defendant on October 29, 2018. (See Exh. “C” - Declaration of Mailing.) Due to the statutory presumption as previously stated, Defendant is required to produce evidence that he was not served. In fact, Defendant’s own moving papers clearly demonstrates that his address is the same address in which he clearly received notice of this lawsuit (i.e., the Summons and Complaint package and Request for Entry of Default). Given that Defendant has failed to provide an affidavit showing under oath that his lack of actual notice in time to defend was not caused by inexcusable neglect or avoidance of service, this alone gives the Court sound justification in denying the Motion in its entirety. 111. THE COURT SHOULD ORDER DEFENDANT TO PAY A PENALTY TO PLAINTIFF'S COUNSEL SHOULD THE COURT GRANT DEFENDANT’S MOTION In the event the Court is inclined to grant Defendant’s Motion, Plaintiff should be properly compensated for the unreasonable delay by Defendant. California Code of Civil Procedure §473(c) states as follows: (1) Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the following: (A) Impose apenalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party. (B) Direct that an offending attorney pay an amount no greater than one thousand dollars ($1,000) to the State Bar Client Security Fund. p-OPP to Mot to Set Aside.wpd 4 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT O© o o 3 O O WD» Bb WwW N = NN N N N N N N N N N e m e m e m e m e m p m e m e d c o NN O N Wn BRA W I N D = OO O N S N R W ND = O (C) Grant other relief as is appropriate. Without question, Plaintiff was forced to expend precious time, money, and resources to personally serve Defendant and obtain a default. In addition, Plaintiffs counsel was forced to spend an additional four (4) hours in document preparation and hearings in order to obtain a default against Defendant, not to mention spending another 3 hours to oppose the underlying Motion. (Phan Declr. - 10.) Here, Plaintiff is simply requesting the Court to order Defendant to pay Plaintiff $1,000.00 as a penalty pursuant to Code Civ. Proc. §473(c). Such amount is justified given the waste of time and resources caused by Defendant. Iv. CONCLUSION Based on the foregoing, Plaintiff respectfully requests the Court to deny Defendant’s Motion. Defendant was given adequate notice of the lawsuit and still failed to timely respond to the Complaint. Defendant chose to sit idly by and did nothing when he could have simply accepted responsibility for the dispute and/or filed his Answer. Therefore, it is painfully clear that there was no mistake, surprise, inadvertence, or excusable neglect. In the event the Court is inclined to grant the underlying Motion, Defendant should be ordered to pay a penalty in the amount of $1,000.00 for causing the needless delay and waste of time and resources in this action. DATED: March 12, 2019 GARCIA & PHAN, A Prof. Law Corp. y ROBERT N. PHAN Attorneys for Plaintiff KAMALJEET SINGH B p-OPP to Mot to Set Aside.wpd 5 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT O© o o 3 O O WD» Bb WwW N = NN N N N N N N N N N e m e m e m e m e m p m e m e d c o NN O N Wn BRA W I N D = OO O N S N R W ND = O DECLARATION OF ROBERT N. PHAN I, ROBERT N. PHAN, declare: 1. I am an attorney licensed to practice law in all of the courts of the state of California, and I am the attorney for Plaintiff herein. 2. On October 15, 2018, on behalf of Plaintiff, I caused the Summons and Complaint to be filed against Defendant. 3. On October 23, 2018, Defendant was served by substitute service at his workplace. Specifically, the Summons and Complaint package was personally handed to a female at Defendant’s workplace. (Exh. “A” - POS Summons and Declaration of Due Diligence.) 4. On October 29, 2018, the registered process server, Frank Fernandez, also mailed the Summons and Complaint package directly to Defendant. (Exh. “B” - Declaration of Mailing.) 5. On December 14, 2018, I filed a Request for Entry of Default against Defendant. (Exh. “C” - Request for Entry of Default.) On this same date, I also personally mailed a copy of the Request for Entry of Default directly to Defendant’s workplace where he was sub-served. (See Exh. “C” - Declaration of Mailing - Page 2.) 6. On December 14, 2018, the Court entered the default against Defendant. 7. Literally, on March 12, 2019, at approximately 10:35 a.m., I just learned that Defendant filed a Motion to Set Aside the Default. Contrary to what is indicated on the proof of service on the Motion, neither I nor anyone at my office has ever received a copy of the Motion and was never provided notice of the underlying Motion. This is the reason why Plaintiff’s Opposition was filed the day before the hearing on the Motion. 8. I have spent four (4) hours in document preparation and hearings in order to obtain a default against Defendant and have spent an additional three (3) hours in the preparation of this Opposition. I have been an attorney since 2001, and my regular hourly billing rate is $300.00. Therefore, I am requesting that Defendant pay me $1,000.00 if the Court is inclined to set aside the default. p-OPP to Mot to Set Aside.wpd 6 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT O© o o 3 O O WD» Bb WwW N = N N N N N N N N ND mm mm e m e m e m m m e m e e c o JI O N Wn BRA W N = O VO N N B R A W N = O 9. All of the attached exhibits are true and correct copies of the original documents. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct of my own knowledge and that if called as a witness in this matter, I could competently testify thereto. Executed this 12" day of March 2019 at Huntington Beach, CA. An Robert N. Phan p-OPP to Mot to Set Aside.wpd 7 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT EXHIBIT “A” POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Robert Phan, 217283 Garcia & Phan, A Prof. Law Corp. 17011 Beach Blvd., Suite 540 Huntington Beach, CA 92647 teLerHone No: (714) 848-8200 Ext 204 ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Superior Court of California, Kern County 1415 Truxtun Avenue Bakersfield, CA 93301-5216 PLAINTIFF/PETITIONER: Kamaljeet Singh CASE NUMBER: BCV-18-102609 Ref. No. or File No. AMENDED PROOF OF SERVICE OF SUMMONS Kamaljeet Singh (truck) DEFENDANT/RESPONDENT: Gurjit Singh, et al. 1. At the time of service | was a citizen of the United States, at least 18 years of age and not a party to this action. 2. I served copies of: Summons, Complaint, Civil Case Cover Sheet b. Person Served: "Jane Doe" (F/40 yrs/5'3-5'4/115 Ibs/Blk Hair) - Person In Charge Of Office 4. Address where the party was served: 5815 Caracas Avenue Bakersfield, CA 93313 5. I served the party b. by substituted service. On (date): 10/23/2018 at (time): 5:40PM I left the documents listed in item 2 with or in the presence of: "Jane Doe" (F/40 yrs/5'3-5'4/115 lbs/Blk Hair) - Person In Charge Of Office (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. (5) t attach a declaration of diligence stating actions taken first to attempt personal service. 6. The "Notice to the Person Served” (on the summons) was completed as follows: a. as an individual defendant. b. as the person sued under the fictitious name of: dba MANAK TRANSPORT 7. Person who served papers a. Name: Frank Fernandez, Ill b. Address: One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 c. Telephone number: 415-491-0606 d. The fee for service was: $§ 124.75 e. lam: (3) registered California process server. (i) Employee or independent contractor. (ii) Registration No.: 731 (iii) County: Kern 8. | declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Date: 11/01/2018 Papper Frank Fernandez, li {NAME OF PERSON WHO SERVED PAPERS) {SIGNATURE) Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10 eg So PROOF OF SERVICE OF SUMMONS OL# 12401209 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): Robert Phan, 217283 Garcia & Phan, A Prof. Law Corp. 17011 Beach Blvd. Huntington Beach, CA 92647 ATTORNEY FOR Name): Plaintiff TELEPHONE NO. (714) 848-8200 Ext 204 Ref. No. ar File No. Kamaljeet Singh (truck) Insert name of count, judicial district or branch court, if any: Metropolitan 1415 Truxtun Avenue Bakersfield, CA 93301-5216 FOR COURT USE ONLY PLAINTIFF: Kamaljeet Singh DEFENDANT: Gurjit Singh, et al. DECLARATION OF DILIGENCE AMENDED CASE NUMBER: BCV-18-102609 | received the within process on 10/16/2018 and that after due and diligent effort | have been unable to personally serve said party. The following itemization of the dates and times of attempts details the efforts required to effect personal service. Additional costs for diligence are recoverable under CCP §1033.5 (a)(4)(B). PARTY seven. GURJIT SINGH dba MANAK TRANSPORT (1)Business: MANAK TRANSPORT 5815 Caracas Avenue, , Bakersfield, CA 93313 As enumerated below: On 10/17/2018 4:47:00 PM at address (1) above. No Answer Per Minor female, the subject is not home. On 10/20/2018 9:41:00 AM at address (1) above. No Answer Per Spouse, the subject is in New York for the next 10 days. On 10/23/2018 5:40:00 PM at address (1) above. No Answer Per "Jane Doe" (F/40 yrs/5'3-5'4/115 lbs/Blk Hair) subject is not in. Registered California process server. County: Kem Registration No.: 731 Frank Fernandez, ill One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 11/01/2018 at Los Angeles, California. 5 of foggy § Lasta I California that the foregoing is true and correct and that this declaration was executed on OL # 12401209 EXHIBIT “B” ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Robert Phan, 217283 (714) 848-8200 Ext 204 Garcia & Phan, A Prof. Law Corp. 17011 Beach Blvd. Huntington Beach, CA 92647 Ref. No. or File No. __ ATTORNEY FOR (Name): PlAINTIfT Kamaljeet Singh (truck) Insert name of court, judicial district or branch coun, if any: Metropolitan 1415 Truxtun Avenue Bakersfield, CA 93301-5216 PLAINTIFF: Kamaljeet Singh DEFENDANT: Gurjit Singh, et al. AMENDED CASE NUMBER: PROOF OF SERVICE BY MAIL BCV-18-102609 I am a citizen of the United States, over the age of 18 and not a party to the within action. My business address is 504 Redwood Blvd., Suite 223 Novato, CA 94947. On 10/29/2018, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)(B) was made (if ’ applicable), | mailed copies of the: Summons, Complaint, Civil Case Cover Sheet to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Los Angeles , California, addressed as follows: GURJIT SINGH dba MANAK TRANSPORT 5815 Caracas Avenue Bakersfield, CA 93313 | am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. | 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 (1) day after date of deposit for mailing in affidavit. 1 oECIAre Urry Fee for Service: § 124.75 of California that the foregoing is true and correct and that this declaration was executed on 11/01/2018 at Los Angeles, California. One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 Venus Boone OL # 12401209 EXHIBIT “C” CIv-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO: 217283 FOR COURT USE ONLY NAME: Robert N. Phan, Esq. FIRM NAME: GARCIA & PHAN, A PROF. LAW CORP. STREET ADDRESS: 17011 Beach Bivd., Ste. 540 ELECTRONICALLY FILED cry: Huntington Beach STATE: CA ZIPCODE: 92647 TELEPHONE NO.: 714-848-8200 FAXNO: 714-877-4005 12/14/2018 9:53 AM E-MAIL ADDRESS: rphan@garciaphan.com ATTORNEY FOR (name): Plaintiff, KAMALJEET SINGH SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1415 Truxton Avenue, MAILING ADDRESS: cry AND ZIPCODE: Bakersfield, CA 93301 BRANCH NAME: Metropolitan Division Plaintiff/Petitioner: KAMALJEET SINGH Defendant/Respondent: GURJIT SINGH dba MANAK TRANSPORT REQUEST FOR ~~ [X] Entry of Default [J Clerk's Judgment BOVA18-102609 (Application) [] Court Judgment Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see CIV-105) Kem County Superior Court Tamarah Harber-Pickens By Teresa Gloria, Deputy 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): 10/15/2018 b. by (name): KAMALJEET SINGH c. [x1 Enter default of defendant (names): GURIJIT SINGH dba MANAK TRANSPORT d. [J I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., § 585(d).) e. [_] Enterclerk's judgment (1) [3 for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. {Code Civ. Proc., § 1169.) [7] Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) [J under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) [[_] for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint ............. $ $ $ b. Statement of damages* (1) Special .................... $ $ $ (2) General .................... $ $ $ C Interest ............ co... $ $ $ d. Costs (seereverse).............. $ $ $ e. Attorneyfees................... $ $ $ f. TOTALS ............ciiinn.. $ $ $ g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.) 3. [1 (Check if filed in an unlawful detainer case.) Legal document assistant or unl reverse (complete item 4). Date: 12/14/2018 | detainer assistant information is on the Robert N. Phan ) {TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) [=] Default entered as requested on (date): 12/14/2018 USE ONLY (2) [[] Default NOT entered as requested (state reason): / TAMARAH HARBER-PICKENS Clerk, by 4, Deputy Page 1 of 2 Jia Coun of Catia REQUEST FOR ENTRY OF DEFAULT Co Poet aiomats cago CIV-100 [Rev. January 1, 2018} (Application to Enter Default) CIV-100 Plaintiff/Petitioner: KAMALJEET SINGH BOV.18.102609 Defendant/Respondent: GURJIT SINGH dba MANAK TRANSPORT 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant [J] did [x] did not for compensation give advice or assistance with this form. if declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: ¢. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5. [x] Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a. [is [CX] isnot on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. [Jis [X] isnot on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. [Jis is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. [1] not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date): 12/14/2018 (2) To (specify names and addresses shown on the envelopes): GURIJIT SINGH dba MANAK TRANSPORT 5815 Caracas Avenue, Bakersfield, CA 93313 | declare under penalty of perjury under the laws of the State of California that the foregoingitéfns 4, 5, and 6 are true and correct. Date: 12/14/2018 Robert N. Phan ) {TYPE OR PRINT NAME) {SIGNATURE OF DECLARANT} 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk'sfilingfees .................... $ b. Process server'sfees ................. 5 c. Other (specify): $ d. $ e. TOTAL ...... iii. $ f. [1 Costs and disbursements are waived. g. lam the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. > (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Military and Veterans Code section 400(b). Date: | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: > (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) CIV-100 [Rev. January 1. 2018] REQUEST FOR ENTRY OF DEFAULT Page2af2 (Application to Enter Default) © 0 39 O N Wn h r W N = N N N N N N N N ND mm mm e m e m e m m m e m e e c o JI O N Wn BRA W N = O VO N N B R A W N = O PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 17011 Beach Blvd., Suite 540, Huntington Beach, CA 92647. On March 12, 2019, I served the foregoing document described as: PLAINTIFF’S OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT AND VACATE JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF OPPOSITION; REQUEST FOR ATTORNEY'S FEES AND COSTS IN THE AMOUNT OF $1,000.00; DECLARATION OF ROBERT N. PHAN; ATTACHED EXHIBITS on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: [SEE ATTACHED SERVICE LIST] [1 (BYMAIL) [ 1] TIdeposited such envelope in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. [ 1] Asfollows: 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 Huntington Beach, California in the ordinary course of business. 1am 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. Executed on *, at Huntington Beach, California. [X] (BY OVERNIGHT DELIVERY) I caused such documents to be delivered via OVERNIGHT DELIVERY to the addressee on the Service List. [ 1] (BY E-MAIL) I emailed such document(s) to the email address(es) shown on the service list. The email transmission was reported as complete and without error by the transmitting computer. [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [ ] (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. Robert Phan p-OPP to Mot to Set Aside.wpd 8 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT © 0 39 O N Wn h r W N = N N N N N N N N D ND = mm e m e m e m e m e m e m pe c o JI O N Wn BRA W N = O VO N N B R A W N = O SERVICE LIST Gurjit Singh dba Manak Transport 5815 Caracas Avenue Bakersfield, CA 93313 p-OPP to Mot to Set Aside.wpd 9 OPPOSITION TO DEFENDANT'S MOTION FOR ORDER SETTING ASIDE DEFAULT