Southern California Institute of Law v. TCS Education System et al

Filing 29

RESPONSE filed by Plaintiff Southern California Institute of Lawto Motion Hearing, Link Motions to Minutes,, 24 Plaintiff's response to OSC re Dismissal (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Affidavit)(Shohet, George)

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George A. Shohet SBN 112697
LAW OFFICES OF GEORGE A. SHOHET,
A PROFESSIONAL CORPORATION
245 Main Street, Suite 310
Venice, CA 90291-5216
Tel.: [phone]
Fax: [phone]
Gretchen M. Nelson SBN 112566
KREINDLER & KREINDLER LLP
707 Wilshire Blvd, Suite 4100
Los Angeles, CA 90017
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff
Southern California Institute of Law

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN CALIFORNIA
INSTITUTE OF LAW, a California
corporation,
Plaintiff,
vs.

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TCS EDUCATION SYSTEM, an
Illinois corporation; DAVID J.
FIGULI, an individual; and GLOBAL
EQUITIES, LTD. d/b/a HIGHER
EDUCATION GROUP, a Colorado
limited liability company,

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CASE NO.: CV10-8026 PSG (AJWx)
[Assigned to Hon. Philip S. Gutierrez]
DECLARATION OF STUART
SORENSEN REGARDING
ATTEMPTED SERVICE OF
PROCESS ON DEFENDANTS DAVID
J. FIGULI AND GLOBAL EQUITIES,
LLC D/B/A HIGHER EDUCATION
GROUP

Action Filed: Oct. 25, 2010

Defendants.

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______________________________________________________________________________
DECLARATION OF STUART SORENSEN REGARDING ATTEMPTED SERVICE OF PROCESS ON
DEFENDANTS DAVID J. FIGULI AND GLOBAL EQUITIES, LLC D/B/A HIGHER EDUCATION GROUP

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I, Stuart Sorensen, declare:

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1.

I am over the age of eighteen and a Civil Process Server and Deputy

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Sheriff in Jefferson County, Colorado. I am not a party to this action. I have

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personal knowledge of the facts stated in this declaration and, if called as a witness,

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could and would testify competently about them.

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2.

During the period between November 8 and December 20, 2010, I

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made eight attempts to personally serve defendants David J. Figuli and Global

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Equities, LLC d/b/a Higher Education Group (collectively, “Defendants”) with the

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following documents: (i) Complaint for Injunctive Relief and Damages in this

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action; (ii) the Summons issued by the Court; (iii) Civil Cover Sheet, (iv)Notice of

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Assignment to Magistrate Judge for Discovery; (v) Notice to Parties of ADR

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Program; (vi) Certification and Notice of Interested Parties; and (vii) the Court’s

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Standing Order Regarding Newly Assigned Cases. The foregoing seven documents

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are collectively referred to as the “Service Documents.” Copies of the face pages of

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the Service Documents are attached hereto as Exhibit A for the Court’s

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convenience. My specific attempts to serve the Defendants are set forth below.

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3.

Plaintiff’s counsel provided me with what counsel believed was Mr.

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Figuli’s address in Evergreen, Colorado for his law firm. I attempted service on

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Monday, November 8, 2010, at approximately 4:40 p.m., by going to the address

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provided by counsel, namely, 29713 Troutdale Scenic Drive, #C-2, Evergreen,

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Colorado, 80439. I was told by a receptionist that Mr. Figuli’s law firm had

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moved and that another law firm was now occupying the space.

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4.

Plaintiff’s counsel provided me with the Defendants’ addresses

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representing that the addresses were obtained from the Web sites of the Colorado

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Secretary of State and the State Bar of Colorado. The address for both Defendants

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is 8697 S. Blue Creek Road, Evergreen, Colorado, 80439 (“Blue Creek Road

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________________________________________________________________
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1
DECLARATION OF STUART SORENSEN REGARDING ATTEMPTED SERVICE OF
PROCESS ON DEFENDANTS DAVID J. FIGULI AND GLOBAL EQUITIES, LLC D/B/A
HIGHER EDUCATION GROUP

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address”). Plaintiff’s counsel further advised me that the Colorado Secretary of

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State’s Web site identifies Mr. Figuli as the agent for service of process for Global

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Equities, LLC.

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On Tuesday, November 9, 2010, at approximately 5:00 p.m., I went to

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the Blue Creek Road address. I found a locked electric gate with no intercom in a

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wooded, hillside area. I waited for several minutes, but did not see anyone arrive

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or depart.

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6.

On Wednesday, November 24, 2010, at approximately 1:25 p.m., I

went to the Blue Creek Road address. I waited for several minutes, but did not see
anyone arrive or depart.
7.

On Monday, November 29, 2010, at approximately 6:15 p.m., I went

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to the Blue Creek Road address. I waited there for several minutes and did not see

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anyone arrive or depart. Plaintiff’s counsel had also provided me with a telephone

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number for Mr. Figuli, namely, 720-810-2495. That telephone number is reflected

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on the Colorado Supreme Court’s record (Exhibit B). On November 29, 2010, I

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called Mr. Figuli at the telephone number and his voicemail picked up. The

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message stated that it was Mr. Figuli and I left him a message identifying myself,

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the purpose of my call and requesting a return call. I never received a return call.

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8.

On Wednesday, December 8, 2010, at approximately 11:10 a.m., I

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went to the Blue Creek Road address. I waited there for several minutes, but did

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not see anyone arrive or depart.

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9.

On Tuesday, December 14, 2010, at approximately 4:00 p.m., I went

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to the Blue Creek Road address. I waited there for several minutes, but did not see

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anyone arrive or depart.

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________________________________________________________________
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2
DECLARATION OF STUART SORENSEN REGARDING ATTEMPTED SERVICE OF
PROCESS ON DEFENDANTS DAVID J. FIGULI AND GLOBAL EQUITIES, LLC D/B/A
HIGHER EDUCATION GROUP

EXHIBIT A

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who have

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consented to electronic service are being served with a copy of the foregoing

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document via Central District of California CM/ECF system on April 18, 2011

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____/s/ George A. Shohet_______________

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---------------------------------------------------------------------------------------------------------------------------CERTIFICATE OF SERVICE