1 Keven Steinberg, State Bar No.

151372
keven@kevensteinberglaw.com
2 STEINBERG LAW
3 4924 Balboa Blvd., #638
Encino, California 91316
4 Telephone: (818) 855-1103
Facsimile: (818) 855-1104
5
Attorney for Defendant Abner Inc.
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8 SUPERIOR COURT OF CALIFORNIA
CENTRAL-STANLEY MOSK COURTHOUSE (LIMITED JURISDICTION)
9
10 JOSE ESTRADA,
Case No.: 14K08059
11
12 Plaintiff,
DECLARATION OF MIKE
13 RAPOPORT IN SUPPORT OF
vs.
DEFENDANT’S MOTION TO SET
14
ABNER INC., and DOES 1-10, ASIDE AND VACATE DEFAULT AND
15 JUDGMENT; EXHIBITS

16 Defendants. [Filed Concurrently with Motion to Set

Aside and Vacate Default and Judgment]
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18 Date:
Time:
19 Dept.:
20 Res ID.:

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DECLARATION OF MIKE RAPOPORT AND EXHIBITS IN SUPPORT OF DEFENDANT’S NOTICE OF
MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
 1 DECLARATION OF MIKE RAPOPORT
2 I, MIKE RAPOPORT, declare:
3 1. I am the Chief Executive Officer, Secretary, Chief Financial Officer, and Agent for Service of
4 Process for Defendant Abner Inc., I make this declaration of my own personal knowledge, except
5 where stated on information and belief, and if called to testify in Court on these matters, I could
6 do so competently.
7 2. I have conducted a diligent search of this case and have made appropriate inquiries of others to
8 inform myself in order to make this Declaration.
9 3. Defendant Abner is a Corporation. I am and have always been the agent for service for Defendant
10 corporation, per records on file with the California Secretary of State. I have never been served
11 with this matter. Plaintiff and his process server failed to make a single and proper attempt to
12 serve me on behalf of the Defendant. Attached hereto as Exhibit A is a true and correct copy of
13 documents on file with the California Secretary of State.
14 4. On or about June 12, 2014, Plaintiff filed a Complaint with this Court against Defendant Abner,
15 Inc.
16 5. On October 8, 2014, Plaintiff filed a defective Proof of Service. Attached hereto as Exhibit B is
17 a true and correct copy of the original Proof of Service. The Proof of Service was defective
18 because service was invalid. Per the Proof of Service, service was effectuated upon an individual
19 named “Sammy.” I was never served and I do not know who “Sammy” is. Abner has never had
20 an employee, agent, or representative named “Sammy.” At no time did I or anyone else at the
21 company designate or authorize any person, other than me to act as agent for service or to receive
22 legal process or any other official or legal documents. The Proof of Service also shows that the
23 subsequent mailing of service papers was not addressed to me and the mailing address itself was
24 also wrong. The purported service took place at 627 East El Segundo Blvd., Los Angeles, CA
25 90059. My correct address for service on the corporation, per California Secretary of State records
26 is 3312 Floyd Terrace, Los Angeles, CA. (Exhibit A.)
27 6. On or about January 29, 2015, Plaintiff filed a Request for Enter of Default, but it was not entered,
28 as the Court required a declaration of due diligence.

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DECLARATION OF MIKE RAPOPORT AND EXHIBITS IN SUPPORT OF DEFENDANT’S NOTICE OF
MOTION AND MOTION TO VACATE DEFAULT AND JIUDGMENT
 1 7. On February 25, 2015, Plaintiff filed an Amended Proof of Service. The Amended Proof of
2 Service included an alleged declaration of diligence. Attached hereto as Exhibit C is a true and
3 correct copy of the Amended Proof of Service. The declaration of due diligence shows that
4 process server attempted to serve the Summons & Complaint on September 12, 2014 at 6:34 P.M,
5 which was after working hours for Abner and it was closed by that time. Another attempt was
6 made on September 13, 2014 at 6:30 P.M. which was not only after working hours but also on
7 Saturday when Defendant’s business operation has closed. Plaintiff made a further attempt on
8 September 14, 2014 at 11:07 A.M. which was on Sunday and thus there was no operation of
9 Defendant’s business and it was closed. Plaintiff’s service was defective from the outset and is a
10 clear violation of California Code of Civ. Proc. section 415.95 (a).
11 8. On March 4, 2015, Plaintiff’s Request for Default was re-filed, and then entered.
12 9. On January 4, 2016, the Court entered Default Judgment against Defendant.
13 10. On September 28, 2021, Plaintiff filed an Application for and Renewal of Judgment. At this time,
14 Plaintiff’s attorney served the Notice and Renewal of Judgment to my correct address for service
15 on file with the California Secretary of State, i.e., 3312 Floyd Terrace, Los Angeles, CA. (Exhibit
16 A.)
17 11. It is at this point that myself and consequently Defendant discovered that Plaintiff filed a
18 Complaint against the Abner, the Defendant corporation and Default Judgment has already been
19 entered. At no time prior thereto was I or Abner placed on notice of this action, properly served,
20 or given the opportunity to prepare and file a responsive pleading. Both myself and the company
21 were particularly shocked to learn that Plaintiff had a pending case and Default Judgment has
22 already been entered against the corporation. Accordingly, I acted diligently in causing the Abner,
23 the Defendant corporation to retain counsel to have this motion filed the moment that I learned of
24 the issue.
25 12. Defendant was never served with the Summons and Complaint for it to effectively defend against

26 Plaintiff’s claims. Under California law, a corporation may be served by either: (1) personal
27 delivery of a copy of the summons and complaint to an officer, general manager, or a person
28 authorized by the corporation to receive service of process or (2) “leaving a copy of the summons

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DECLARATION OF MIKE RAPOPORT AND EXHIBITS IN SUPPORT OF DEFENDANT’S NOTICE OF
MOTION AND MOTION TO VACATE DEFAULT AND JIUDGMENT
 1 and complaint during usual office hours in his or her office . . . with the person who is apparently
2 in charge thereof” and following up by mailing the papers to the person to be served at the office
3 address.” (Cal. Code Civ. Proc. §§ 415.20(a), 416.10(b) [emphasis added].)_
4 13. Here, (1) the service papers were not left with me, Defendant’s agent for service, (2) the service

5 papers were not left with “the person who is apparently in charge” of the Defendant’s office; and
6 (3) the subsequent mailing of service papers was not addressed to myself, the person to be served
7 and was sent to the wrong address.
8 14. Plaintiff’s process server left the service documents with Sammy, who is unknown to me and
9 Abner, the Defendant’s corporation. SAMMY is an unknown person. There never was or is an
10 employee, agent or representative of Abner named or who identifies himself or herself as
11 SAMMY, nor was or is there any person of that name or a person who identifies himself or herself
12 by that name as SAMMY who is or was authorized to receive service documents on behalf of
13 Defendant. There was no reasonable basis for believing that service documents were properly
14 served when it was delivered to SAMMY, who is unknown to Defendant.
15 15. As a result of the defective service, the entry and renewal of judgment have violated Defendants
16 Abner’s due process rights, as it was not given the opportunity to defend and protect itself against
17 this lawsuit. As such, Defendant Abner has and will continue to sustain great prejudice by having
18 this judgment against it.
19 I declare, under penalty of perjury of the laws of the State of California, that the foregoing is
20 true and correct under the laws of the State of California and that this declaration was executed on
21 _________, in Los Angeles, California.
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_____________________________
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MIKE RAPOPORT
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DECLARATION OF MIKE RAPOPORT AND EXHIBITS IN SUPPORT OF DEFENDANT’S NOTICE OF
MOTION AND MOTION TO VACATE DEFAULT AND JIUDGMENT