Default Not EnteredCal. Super. - 6th Dist.May 10, 2018CASE NUMBER ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Sar number end addrenfr David C. Anderson, Esq., SBN 83146; Andrew W. Ratto, Esq., SBN 314227 Anderson Law 591 Redwood Hwy., Bldg. 4000 Mill Valley, CA 94941-3039 TELEPHONE NO 415 395-9898 FAXNO.(apaonag 415 395-9839 E-MAIL ADDRESS (Cioaone/I ATTORNEY FOR (Iyamel Pint Kaai Shah, a MinOr, by and thru her GAL, PalannnO sUPERloR coURT QF cALIFDRNIA, coUNTY oF Santa Clara sTREETADDREss: 191 N. First Street MAILING ADDRESS DITYANDzIPDDDE San Jose, CA 95113 BRANCHNAME'LAINTIFF/PETITIQNER: Kasi Shah, a Minor, by and thrn GAL Palomino DEFENDANT/REST oNDENT: East Side Union High School District, et al. REQUEST FOR Cd) Entry of Default C] Clerk's Judgment (Application) A H Ck)T) Eh M Court Judgment 1 TO THE CLERK: On the complaint or crass-complaint filed a. on (date); Jito/tg b. by (name): KASI SHAH, s Minor, by snd through hdr Guardian ad Litem, Elvis Palomino c. ~V'nter default of defendant (names)'ACQUELIhlE CERVANTES, B minor FOR COURT'SE ONLY 18CV328113 CIV-100 d. ~ I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): Credits acknowledaed $ g. Daily damages were demanded in complaint at the rate of $ (* Personal injury or wrongful death actions, Code Civ. Proc., 5 425.11.) 3. M (Check if filed in an unlawful detainer case) Legal document assistant or the reverse (complele item 4). Date Jsn. 2 I, 2020 David C. Anderson, Eso. (TYPE OR PRINT NAME) per day beginning (date): formation is on (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (Testimony required. Apply lo the clerk for a hearing date, unless the court will enler a judgment on an affidavit under Code Civ. Proc., 5 585(d).) e ~ Enterclerk'sjudgment (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., 8 1169.)~ Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim or Righ( (o Possession was served in compliance with Code of Civil Procedure section 415.46. (2) ~ under Code of Civil Procedure section 585(a). (Compiele the declaration under Code Civ Proc., 8 585. 5 on the reverse (/tern 5).) (3) ~ for default previously entered on (dare): 2 Judgment to be entered. Amount Balance a. Demand of complaint ............ $ $ b. Statement of damages (1) Special .................... $ $ $ (2) General .................. $ $ $ c. Interest ....................... $ $ $ d. Costs (see reverse).............. $ $ $ e. Attorney fees ................. $ $ $ f. TOTALS ...................... $ $ $ FOR COIJRT USE ONLY (1)~ Default entered as requested on (dale): (2)~ Default NOT entered as requested (state reason): Clerk, by Deputy Page I of 2 Fomr Adopted mr Mandatory Uee Judroal Council of Cabfomla CIY-100 IRe . January I, 200TI REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Coae of Cnnt p/ocedure, IIS 555-55T, 1150 www coun n/o ca gau on 1/21/2020 10:34 AM Reviewed By: M Vu Envelope: 3913184 FILED County of Santa Clara Superior Court of CA Clerk of The Court 18CV328113 By: LDelMundo 1/21/2020 x Per order filed on 3/10/2020. L. del Mundo l PLAINTIFF/PETITIONER: Kssi Shah, s Minor, by and thru GAL PalominoDEFENDANT/RESPONDENT East Side Union High School District, ct sl. ! CASE NUMBER 18CV328113 CIV-100 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, (J 5400 et seq.). A legal document assistant or unlawful detainer assistant M did Z] did not for compensation give advice or assistance with this form. (lf 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 noz f. Expires on (dale): 5. C3 Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., () 585(a)). This action a. C3 is IX is not on a contract or installment sale for goods or services subject to Civ. Code, g 1801 et seq. (Unruh Act). b. C] is IX is not on a conditional sales contract subject to Civ. Code, 0 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. H is IX is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., ('I 395(b). 6. Declaration of mailing (Code Civ. Proc., g 587). A copy of this Request for Entry of Default was a. M not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. C/3 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 (dale): Jsn. 2 1, 2020 (2) To (specify names and addresses shown on the envelopes) Jacqueline Cervantes (s minor), snd Maria Cervantes, hcr mother 3020 Brsdshaw Drive Ssn Jose, CA 95148 I declare under penalty of perjury under the laws of the State of California that the fore Date. Jsn. 21,2020 David C. Anderson, Esq (TYPE OR PRINT NAME) and correct. (SIGNATURE OF DEClARANT) 7. Memorandum of costs (requiredif moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., g 1033.5): a. Clerk's filing fees .................... $ b. Process server's fees ................. $ c Other (specify): $ d. $ e. TOTAL ..., $ f. C3 Costs and disbursements are waived. 0 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 foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. M Declaration of nonmilitary status (required for a judgmenl). 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. g 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: Civ-100 IRev )coven 1. 2007) (TYPE OR PRINT NAME) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) (SIGNATURE OF DECLARANT) Page 2 of 2 I Kasi Shah v. East Side Union District High School, et al. Santa Clara County Superior Court Case No. 18CV328113 PROOF OF SERVICE 3 [C.C.P. f 1013, C.R.C.t'I 2008, F.R.C.P. Rule 5] I am over the age of eighteen years, not a party to this action and I am employed within the 4 City and County of Marin. My business address is 591 Redwood Hwy., Building 4000, Mill Valley, CA 94941-3039. On the date set forth below, I served the following document(s): 6 AMENDED REQUEST FOR ENTRY OF DEFAULT 7 in the manner indicated below and upon the individuals in the service list. 10 14 16 X BY FIRST CLASS MAIL: I am readily familiar with my finn's practice for collection and 9 processing of correspondence for mailing with the United States Postal Service, to-wit, that correspondence will be deposited, postage prepaid, with the United States Postal Service, this same day, within the ordinary course ofbusiness of the law firm. BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to the oftices of the addressee(s). BY OVERNIGHT MAIL: I caused such envelope to be delivered by a commercial carrier service for overnight delivery to the office(s) of the addressee(s). BY ELECTRONIC SERVICE: Upon stipulation and agreement of the parties, I caused said documents to be served electronically by utilizing File and Serve Xpress through this Court. Parties served are noted on the transaction receipt generated by File and Serve Xpress. 15 Electronic service is undertaken consistent with Code of Civil Procedure section 1010.6(a)(2). 17 18 19 20 21 22 23 24 25 Law Office of Gene Halavanau 150 Post Street, Suite 600 San Francisco, CA 94108 415 692-5301 Fax: 415 692-8412 aeneShalavanau.corn Co-Counsel for Plaintiff Jacqueline Cervantes and Maria Cervantes, her Mother 3020 Bradshaw Drive San Jose, CA 95148 Adam J. Davis, Esq. Davis & Young, APLC 1960 The Alameda, Suite 210 San Jose, CA 95126 408 261-4241 or 669 245-4200 Fax: 408 985-1814 adavis&davisvounalaw.corn Attorneyfor East Side Union High School District 26 27 28 PROOF OF SERVICE Shannon Birdsong, Esq. Wade Law Group 84 West Santa Clara Street, Suite 750 San Jose, CA 95113 408 842-1688 Fax: 408 852-0614 sbirdsonaQwadelitiaation.corn Atty for Estefani Herrera 8 I declare under penalty ofperjury under the laws of the State of California that the foregoing statements are true and correct and that this Declaration was executed on January 21, 2020, at Mill 1J&~~ HA%. VICTORIA LAMEE03IN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE