Southern California Institute of Law v. TCS Education System et al
Filing
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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.: (310) 452-3176
Fax: (310) 452-2270
Gretchen M. Nelson SBN 112566
KREINDLER & KREINDLER LLP
707 Wilshire Blvd, Suite 4100
Los Angeles, CA 90017
Tel.: (213) 622-6469
Fax: (213) 622-6019
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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5.
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.
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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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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
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