CIV-1GQ

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bat number, and address): FOR COURT USE ONLY

- tJary Kurtz, SEN 128295 Law Office of Gary Kurtz, A Professional Law Corporation 20335 Ventura Boulevard, Suite 200 Woodland Hills, California 91364
TELEPHONE NO.: 8188848400 FAX NO. (Optional): 8188848404

E-MAIL ADDRESS (Optional): gary@garykurtzlaw.com
ATTORNEY FOR (Name): Gary KurtZ

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles

STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE BRANCH NAME:

6230 Sylmar Avenue 6230 Sylmai Avenue Van Nuys, California 91401 Van Nuys

PLAINTIFF/PETITIONER: Gary KuitZ

DEFENDANT/RESPONDENT: David Beniis, et al.
CASE NUMBER:

REQUEST FOR (Application)
1.

[7H Entry of Default SM* LJ court Judgment - *

CHI Clerk's Judgment - • a.-* _^^,
-*£?-'•• .•.;••:•.'•-':-':,; ,;-- .

LC095923

TO THE HI FRK- On thp rnmnlaint or rrngg-rnmplaint filed

a. on (date): 112/30/2011 b. by (name): Gary Kurtz c. I / I Enter default of defendant (names): David Bernis d. I I 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. I I Enter clerk's judgment (1) | | 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.) | | 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) I I under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) I I for default previously entered on (date): Credits acknowledged 2. Judgment to be entered. Amount $ To be determined a. Demand of complaint $ To be determined $ 0 b. Statement of damages * ,^ $ 1,000,000 (1) Special $1,000,000 $0 $ 2,500,000 (2)General $2,500,000 $0

c. Interest

._.

$„ to be determined
$ 395 $ $ 3,500,395

$ to be determined
$0 $0 $ 0

d. Costs (see reverse) e. Attorney fees f. TOTALS

$ 395
$

$ 3,500,395
per day beginning (date): detainer assistant information is on

g. Daily damages were demanded in complaint at the rate of: $ (* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.) 3. | I (Check if filed in an unlawful detainer case) Legal document assii the reverse (complete item 4). Date: April 11, 2010 Gary Kurtz
(TYPE OR PRINT NAME) "^

(SIGNtnJfe E OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)

(1)

Default entered as requested on (date): Default NOT e ntered as requested (state reason):
Clerk, bv

(2) FOR C0lff?r USE ONLY
Form Adopted for Mandatory Use Judicial Council of California CIV-100 (Rev. January 1, 2007}

. Deputy
Page 1 of 2 Code of Civil Procedure, §§585-587,1169 www.courtinfo.ca.gov

REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default)

I

American LegalNet, Inc. vmmformsWorknow.com

CIV-100
PLAINTIFF/PETITIONER: Gaiy KuitZ DEFENDANT/RESPONDENT: David Bemis, et al.
CASE NUMBER:

LC095923

4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant I I did I / I 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: b. Street address, city, and zip code: c. d. e. f. Telephone no.: County of registration: Registration no.: Expires on (date):

5.

J Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)). This action a. . is S \s not b. I I is I /.I is not ' c. I I is I / I is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). ^'"'"->*^a«* - •' "•- "* '--_ ^^^^---^^^^-.-^4^^^-<,,..--,,. 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. I I not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs 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): April 11, 2012 (2) To (specify names and addresses shown on the envelopes):

David Bernis 3242 South Winton Road, H-32, Rochester NY
I declare under penalty of perjury under the laws of the State of California that the Date: April 11,2010 d 6 are true and correct.

Sandra Stevens
(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's filing fees $ 395 b. Process server's fees $ c. Other (specify): $ 0

d.
f. I I Costs and disbursements are waived.

$

e. TOTAL' .'.'.'.'.'.'.'.'.'.".'.'.'.".'!.'.'.".'.'.'.'.'.'.".'.'." $ 395
9- I am 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. I declare under penalty of perjury under the laws of the State of California that/the fore^djing is true and correct. Date: April 11,2012

Gary Kurtz
(TYPE OR PRINT NAME) ,TURE OF DECLARANT)

8. | / 1 Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: April 11,2012 Gary Kurtz
fTYPE OR PRINT NAME) Civ-100 [Rev. January 1,2007] (SIGNATURE OF DECLARANT)

REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default)

Page 2 of 2

POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address): FOR COURT USE ONLY

Gary Kurtz, SEN 128295- Law Office of Gary Kurtz - 20335 Ventura Blvd., Suite 200 Woodland Hills, CA 91364
TELEPHONE NO.: 8 1 8 884 8400
ATTORNEY FOR (Name): Gary RllTtZ

FAX NO. (OpSonal): 8 1 8 884 8404

E-MAIL ADDRESS (Optional): Gary@gaiykurtzlaw.eom
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS AnggleS

STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE BRANCH NAME

6230 SyliQar Ave., Van Nuys,T!A 9 1 40 1 6230 Sylmar Ave., Van Nuys, CA 91401 Van Nuy s, CA 9 1 40 1 Van Nuys
CASE NUMBER:

PLAINTIFF/PETITIONER: Gary KllTtZ DEFENDANT/RESPONDENT: David Bernis, etc., et al

LC095923
Ref. No. or Fife No.:

PROOF OF SERVICE OF SUMMONS (Separate proof of service is required for each party served.) 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies of:
a-

I / I summons,.

b. I / I complaint c. | / | Alternative Dispute Resolution (ADR) package d. | / | Civil Case Cover Sheet (served in complex cases only) e. | | cross-complaint

f. I / I other (specify documents): Notice of Case Assignment; Notice of CMC; Statement of Damages
3. a. Party served (specify name of party as shown on documents served):

David Bernis
b. I I Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):

4. Address where the party was served:

3242 South Winton Road, H-32, Rochester, NY
5. I served the party (check proper box) a. I / I by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1)on Cdafej: March 5, 2012 (2) at rime): 4:50 p.m. b. I I by substituted service. On (date): at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) | (2) | (3) | | (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. I informed him or her of the general nature of the papers. | (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. | (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. | | thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on (date): from (city): or I I a declaration of mailing is attached. I I attach a declaration of diligence stating actions taken first to attempt personal service.
. Form Adopted for Mandatary Use Judicial Council of California POS-010 [Rev. January 1,2007] Page 1 of 2 Code of Civil Procedure, § 417.10 American LegalNst, Inc. www.Formsiyorffflaiv.com

(4) |

(5) I

PROOF OF SERVICE OF SUMMONS

PLAINTIFF/PETITIONER: Gaiy Kurtz

CASE NUMBER:

DEFENDANT/RESPONDENT: David Bewis, etc., et al 5. c. I

LC095923

I by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (3) | (4) I (2) from (city): | with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed tome. (Attach completed Notice and Acknowledgement of Receipt.; (Code Civ. Proc.,§ 415.30.) I to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)

d. |

I by other means (specify means of service and authorizing code section):

I

I Additional page describing service is attached.

6. The "Notice to the Person Served" (on the summons) was completed as follows: a. I / I as an individual defendant. b. I I as the person sued under the fictitious name of (specify): °- I I as occupant d- I I On behalf of (spec/fy): under the following Code of Civil Procedure section: d] 416.10 (corporation) CD 415.95 (business organization, form unknown) CH 416.20 (defunct corporation) CH 416.60 (minor) CD 416.30 (joint stock company/association) d3 416.70(wardorconservatee) CH 416.90 (authorized person) CD 416.40 (association or partnership) CD 415.46 (occupant) CD 416.50 (public entity) other 7. Person who served papers a. Name: Scott A. Parker b. Address: P.O. Box 20452, Rochester, NY 14602 c. Telephone number (585)749-0191 d. The fee for service was: $ e. I am: (1) | / | not a registered California process server. (2) '- exempt from registration under Business and Professions Code section 22350(b). (3) I I a registered California process server ,. A -*—-(i) "I I owner | I employeeA I I "independent contractor. (ii) Registration No.: (iii) County:
8.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or | I am a California sheriff or marshal and I certify that the foregoing is true and correct

9. |

Date: April 9,2012

Scott A. Parker
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE )

POS-010 [Rev. Janoarf 1,2007]

PROOF OF SERVICE OF SUMMONS

Page 2 of 2

— DO WOT FILE WITH THE COURT— — UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585—
ATTORNEY OR PARTY WITHOUT ATTORNEY <Won» and Mslraiu): TELEPHONE NO.: FDR COURT USe ONLY

Gary Kurtz, SEN 128295 Law Office of Gary Kurtz, A PJ-.C. 20335 Ventura Boulevard, Suite 200 Woodland Hills, California 9 1 364
ATTORNEY FOR (namoj: Qarv KlHtZ

8 1 8 884 8400

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LGS ANGELES
8TREETADDRESS; 6230 Sylmar Avemle

6230 Sylmar Avenue ciTYANDziPcaoE. Van Nuys, California
MWUNSAOORESS:
BRANCHNAME: Vnn Klttvc

PLAINTIFF: Gary Kurtz DEFENDANT: David Bemis, et al. STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) To (name of one defendant only): Tery Navarro Plaintiff (name of one plaintiff only): Gary Kurtz seeks damages in the above-entitled action, as follows: 1. General damages a- I * I Palii suffering, and inconvenience .......... , b. j x I Emotional distress e. ( d. | ( Loss of consortium AMOUNT ................ . ... ................... . . ........ ........ $ 2SQJDOO $ 750,000 $ § ____ $
$
CASE NUMBER

LC 095923

...................................

................. .......... ................

...................................................

1 Loss of society and companionship (wrongful death actions only)

e. L^ Other (specify) f- I g. I 1 Olher (specify)

................................................................. ....................... . ................... ... ...................

I Continued on Attachment 1.g. .......... j I ................................................... ....................................... . ..............
$

2. Special damages a. { I Medical expenses (to date) b. I | Future medical expenses (present value)

c. | x I Loss of earnings (to date) ....

5
5 $

SOOjOOQ 2jQQOjQOO

d. | x | Loss of future earning capacity (present value). e. I I Property damage

................................................ .......................................

f. \l expenses (wrongful death actions only) g. I h. j i. I j. I k. I
3.

I Future contributions (present value) (wrongful death actions only). ....... I Value of personal service, advice, or training (wrongful death actions only) i Other (specify) .......... . I Other (specify) I Continued on Attachment 2.k. ................................ .

................. .................. .....................

§ $ $

Punitive damages: Plaintiff reserves the right to seek punitive damages in the amount of (specify) . . $ when pursuing a judgment in the suit filed against you. Date: January 1 8, 20 1 2

2.000.000

(TYPE OR PRINT NAME)

(Proof of service on reverse) e . IBB?)

(SIGNAQfRE OF PLAII/fIFF OR ATTORNEY FOR PLAINTIFF)

'

JURISEARCH STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) I*

I

C0da ^ Cha Pntxam>-

§§ 425.11.426. m

_ PLAINTIFF: Gary Kurtz DEFENDANT: David Bernis. et al.

CASE NUMBER:

LC 095923

PROOF OF SERVICE (After having the other party served as described below, with any of the documents identified in item 1, have the person who served the documents complete this Proof of Service. Plaintiff cannot serve these papers.) 1. I served thee
a-

I

I Statement of Damages

[

) Other (specify):

b. on (name): c. by serving

|

I defendant |

|

d. |_J by delivery \ at home (1) date: (2) time: (3) address: e. I

I other (name and title or relationship to person served): Attorney of record | at business

I by mailing (1) data: (2) place: 2. Manner of service (check proper box): a. I I Personal service. By personally delivering copies. (CCP § 415.10} Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(a)) c. | | Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house. usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.} d. I I Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP § 415.30) (Attach completed acknowledgment of receipt) | Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (CCP § 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.)

e. |

| Other (specify code section): | | additional page is attached. 3. At the time of service I was at least 18 years of age and not a party to this action. 4. Fee for service: $ 5. Person serving: f. Name, address and telephone number and, if applicable, California sheriff, marshal, or constable county of registration and number. Registered California process server Employee or independent contractor of a registered California process server Not a registered California process server Exempt from registration under Bus. & Prof. Code §22350(b) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (For California sheriff, marshal, or constable use only) I certify that the foregoing is true and correct. Date:

f. I

(SIGNATURE)

(SIGNATURE*

ee!(a}{24) (Hew January 1.1997]

PROOF OF SERVICE (Statement of Damages)

Paso two Goes d CM! Procedure. §§ 425.11.425.115

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