CIV-1GQATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bat number, and address):

- tJary Kurtz, SEN 128295Law Office of Gary Kurtz, A Professional Law Corporation20335 Ventura Boulevard, Suite 200Woodland Hills, California 91364

TELEPHONE NO.: 8188848400 FAX NO. (Optional): 8188848404

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

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los AngelesSTREET ADDRESS: 6230 Sylmar AvenueMAILING ADDRESS: 6230 Sylmai Avenue

CITY AND ZIP CODE Van Nuys, California 91401BRANCH NAME: Van Nuys

PLAINTIFF/PETITIONER: Gary KuitZ

DEFENDANT/RESPONDENT: David Beniis, et al.

REQUEST FOR [7H Entry of Default CHI Clerk's Judgment(Application)

SM* LJ court Judgment - * - • a.- -* _^^,

FOR COURT USE ONLY

CASE NUMBER:

LC095923-*£?-'•• .•.;••:•.'•-':-':,; ,;-- .

1. 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 CodeCiv. 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 section415.46.

(2) I I under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on thereverse (item 5).)

(3) I I for default previously entered on (date):2. Judgment to be entered. Amount

a. Demand of complaint $ To be determined $ 0b. Statement of damages * , ̂

(1) Special $1,000,000 $ 0(2)General $2,500,000 $ 0

c. Interest ._. $„ to be determinedd. Costs (see reverse) $ 395

Credits acknowledged$ To be determined

e. Attorney fees $f. TOTALS $ 3,500,395

$ 0$ 0$ 0

$ 1,000,000$ 2,500,000$ to be determined$ 395$$ 3,500,395

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 assiithe reverse (complete item 4).

Date: April 11, 2010Gary Kurtz

per day beginning (date):

detainer assistant information is on

(TYPE OR PRINT NAME) "̂ (SIGNtnJfe

(1)(2)

FOR C0lff?rUSE ONLY

Default entere

Default NOT e

d as requested on (date):

ntered as requested (state reason):

Clerk, bv

E OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)

. Deputy

Page 1 of 2

Form Adopted for Mandatory UseJudicial Council of CaliforniaCIV-100 (Rev. January 1, 2007}

REQUEST FOR ENTRY OF DEFAULT(Application to Enter Default)

Code of Civil Procedure,§§585-587,1169

www.courtinfo.ca.gov

IAmerican LegalNet, Inc.vmmformsWorknow.com

CIV-100PLAINTIFF/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. Telephone no.:

d. County of registration:e. Registration no.:

f. 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 on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).b. I I is I /.I is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales

' and Finance Act). ^'"'"->*^a«* - •' "•- "* '--_ ^^^^---^^^^-.-^4^^^-<,,..--,,.

c. I I is I / I 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. 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, toeach 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 Bernis3242 South Winton Road, H-32, Rochester NY

d 6 are true and correct.I declare under penalty of perjury under the laws of the State of California that theDate: April 11,2010

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 $ 395b. Process server's fees $

c. Other (specify): $ 0

d. $e. TOTAL' .'.'.'.'.'.'.'.'.'.".'.'.'.".'!.'.'.".'.'.'.'.'.'.".'.'." $ 395

f. I I Costs and disbursements are waived.

9- I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs iscorrect 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 themilitary 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 11,2012Gary Kurtz

fTYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Civ-100 [Rev. January 1,2007] REQUEST FOR ENTRY OF DEFAULT(Application to Enter Default)

Page 2 of 2

POS-010ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address):Gary Kurtz, SEN 128295- Law Office of Gary Kurtz

- 20335 Ventura Blvd., Suite 200Woodland Hills, CA 91364

TELEPHONE NO.: 8 1 8 884 8400 FAX NO. (OpSonal): 8 1 8 884 8404

E-MAIL ADDRESS (Optional): Gary@gaiykurtzlaw.eomATTORNEY FOR (Name): Gary RllTtZ

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS AnggleSSTREET ADDRESS: 6230 SyliQar Ave., Van Nuys, T!A 9 1 40 1

MAILING ADDRESS: 6230 Sylmar Ave., Van Nuys, CA 91401CITY AND ZIP CODE Van Nuy s, C A 9 1 40 1

BRANCH NAME Van Nuys

PLAINTIFF/PETITIONER: Gary KllTtZ

DEFENDANT/RESPONDENT: David Bernis, etc., et al

PROOF OF SERVICE OF SUMMONS

FOR COURT USE ONLY

CASE NUMBER:

LC095923

Ref. No. or Fife No.:

(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 personunder 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) | | (business) a person at least 18 years of age apparently in charge at the office or usual place of businessof the person to be served. I informed him or her of the general nature of the papers.

(2) | | (home) a competent member of the household (at least 18 years of age) at the dwelling house or usualplace of abode of the party. I informed him or her of the general nature of the papers.

(3) | | (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailingaddress of the person to be served, other than a United States Postal Service post office box. I informedhim or her of the general nature of the papers.

(4) | | | thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be servedat 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.

(5) I I I attach a declaration of diligence stating actions taken first to attempt personal service.. Page 1 of 2

Form Adopted for Mandatary UseJudicial Council of California

POS-010 [Rev. January 1,2007]

PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10

American LegalNst, Inc.www.Formsiyorffflaiv.com

PLAINTIFF/PETITIONER: Gaiy Kurtz

DEFENDANT/RESPONDENT: David Bewis, etc., et al

CASE NUMBER:

LC095923

5. c. I I by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to theaddress shown in item 4, by first-class mail, postage prepaid,

(1) on (date): (2) from (city):

(3) | | with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressedtome. (Attach completed Notice and Acknowledgement of Receipt.; (Code Civ. Proc.,§ 415.30.)

(4) I 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 occupantd- 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 415.46 (occupant)

other

CD 416.40 (association or partnership)CD 416.50 (public entity)

7. Person who served papersa. Name: Scott A. Parkerb. Address: P.O. Box 20452, Rochester, NY 14602c. Telephone number (585)749-0191d. 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 employee A 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.

or9. | | I am a California sheriff or marshal and I certify that the foregoing is true and correct

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.:

Gary Kurtz, SEN 128295 8 1 8 884 8400Law Office of Gary Kurtz, A PJ-.C.20335 Ventura Boulevard, Suite 200Woodland Hills, California 9 1 364

ATTORNEY FOR (namoj: Qarv KlHtZ

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LGS ANGELES8TREETADDRESS; 6230 Sylmar Avemle

MWUNSAOORESS: 6230 Sylmar AvenueciTYANDziPcaoE. Van Nuys, California

BRANCHNAME: Vnn Klttvc

PLAINTIFF: Gary KurtzDEFENDANT: David Bemis, et al.

STATEMENT OF DAMAGES(Personal Injury or Wrongful Death)

FDR COURT USe ONLY

CASE NUMBER

LC 095923

AMOUNT

2SQJDOO

To (name of one defendant only): Tery NavarroPlaintiff (name of one plaintiff only): Gary Kurtzseeks damages in the above-entitled action, as follows:

1. General damagesa- I * I Palii suffering, and inconvenience .......... , ................ ... ................... $

b. j x I Emotional distress ................................... . ................. . ........ $ 750,000

e. ( ( Loss of consortium ................................................... .......... $

d. | 1 Loss of society and companionship (wrongful death actions only) ................ . ........ § ____

e. L^ Other (specify) ................................................................. $

f- I 1 Olher (specify) ....................... . ................... ... ................... $

g. I I Continued on Attachment 1.g.

2. Special damagesa. { I Medical expenses (to date) .......... j

b. I | Future medical expenses (present value) I

c. | x I Loss of earnings (to date) .... ................................................... 5

d. | x | Loss of future earning capacity (present value). ....................................... 5

e. I I Property damage ................................................ . .............. $

f. \l expenses (wrongful death actions only) ....................................... $

g. I I Future contributions (present value) (wrongful death actions only). ....... ................. §

h. j I Value of personal service, advice, or training (wrongful death actions only) .................. $

i. I i Other (specify) .......... . ................................ . ..................... $

j. I I Other (specify)

k. I I Continued on Attachment 2.k.

SOOjOOQ

2jQQOjQOO

3. 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)(SIGNAQfRE OF PLAII/f IFF OR ATTORNEY FOR PLAINTIFF)e '

. IBB?)STATEMENT OF DAMAGES

(Personal Injury or Wrongful Death) I*JURISEARCH 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 servedthe 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 | I other (name and title or relationship to person served):

Attorney of recordd. |_J by delivery \ at home | | at business

(1) date:(2) time:(3) address:

e. I 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. Byleaving, during usual office hours, copies in the office of the person served with the person who apparently was incharge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where thecopies 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 thehousehold or a person apparently in charge of the office or place of business, at least 18 years of age, who wasinformed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to theperson served at the place where the copies were left. (CCP § 415.20(b)) (Attach separate declaration or affidavitstating 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 personserved, 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)

e. | | 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 otherevidence of actual delivery to the person served.)

f. I | 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:

California sheriff, marshal, or constableRegistered California process serverEmployee or independent contractor of a registeredCalifornia process server

Not a registered California process serverExempt from registration under Bus. & Prof. Code§22350(b)

I declare under penalty of perjury under the laws of the Stateof California that the foregoing is true and correct.

Date:

f. Name, address and telephone number and, if applicable,county of registration and number.

(For California sheriff, marshal, or constable use only)I certify that the foregoing is true and correct.

Date:

(SIGNATURE) (SIGNATURE*

ee!(a}{24) (Hew January 1.1997] PROOF OF SERVICE(Statement of Damages)

Paso twoGoes d CM! Procedure. §§ 425.11.425.115