Default EnteredCal. Super. - 6th Dist.March 20, 2019190V344925 on 5/7/2020 3:12 PM Santa Clara - Civil _ ReVIewed By: M Vu M Vu Envelope: 4319633 CIV-1 oo ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No: FOR COURT uss ONLY NAME; Steven H . Cross SBN 316147 FIRM NAME: LOW MCKINLEY BALERIA & SALENKO, LLP STREETADDRESS: 2300 Contra Costa Blvd. , Ste . 310 CITY: Pleasant Hill STATE: CA ZIPCODE: 94523 TELEPHONEN0.: (925) 627-3500 FAXNO.: (925) 482-3384 E-MAIL ADDRESS: S crO S S @ lmblaw . I’let ATTORNEY FOR (name): P l a int i f f SUPERIOR COURT OF CALIFORNIA, COUNTY OF santa Clara STREETADDRESS: l 91 N . First Street MAILING ADDRESS: CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME: PIaintiff/Petitioner: TEngle Consulting Group , Inc . Defendant/Respondent: US IT Solutions , Inc . REQUEST FOR D Entry Of Default D Clerk's Judgment CASE NUMBER: (Application) Court Judgment l 9CV3 4 4 9 2 5 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.)(see CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): 3/20/2019 b. by (name): TEngle Consulting Group, Inc . c. D Enter default of defendant (names): Q. . w | request a court judgment under Code of Civil Procedure sections 585(b), 585(0), 989, etc., against defendant (names): US IT Solutions , Inc . (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., § 585(d).) e.D Enter clerk'sjudgment (1) D for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(0) does not apply. (Code Civ. Proc., § 1169.)D Include in the judgment all tenants, subtenants, named claimants, and other occupants ofthe premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) D under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) D for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint ....................... $ l O , O O O $ $ l O , O O O b. Statement of damages* (1) Special ................................... $ $ $ O (2) General ................................... $ $ $ O c. Interest ............................................ $ 1,583-27$ $ 1,583-27 d. Costs (see reverse) ....................... $ 5 7 3 $ $ 5 7 3 e. Attorney fees ................................. $ l , 4 O O $ $ l , 4 O O f. TOTALS .......................................... $ 13,556-27$ O $ 13,556-27 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425. 1 1.) 3. D (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). ,- Date: 5 / 6 / 2 O 2 O ’ ’r‘fi'l’léy/r Steven H. Cross (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1)D Default entered as requested on (date): USE ONLY (2)D Default NOT entered as requested (state reason): Clerk, by , Deputy Page 1 orz figéfigig‘FSSLeficgf’énggfiéfifig 8.56.100 CEB- Essential REQUEST FOR ENTRY 0F DEFAULT “"9““ Pr°°ed”re'v%§w522;5fs7e;.;%°¢ [ e“ m” ' 1 cehcom Em‘ (Applicationto EnterDefauIt) Engle, Traci FILED County of Santa Clara Superior Court of CA Clerk of The Court 19CV344925 By: MVu 5/7/2020 x 5/7/2020 MVU CIV-1 00 PIaintiff/Petitioner: TEngle Consulting Group, Inc. CASENUMBER: Defendant/Respondent: US IT Solutions, Inc. 19CV344925 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant D did m 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: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5.m Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a.D is W is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b.D is m is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering MotorVehicle Sales and Finance Act). c. D is W 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 Defaultwas a.D not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b.w 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 (date): O 5 / O 7 / 2 O 2 O (2) To (specify names and addresses shown on the envelopes): Request for Judgment(Request for Default sent 11/12/19) Mailed to:_ Suresh Boyapati, Agent of Service of Process, US IT Solutions, Inc. 3031 TISCH WAY, llO PLAZA WEST, SAN JOSE, CA 95128 | declare under penalty of perjury under the laws ofthe State of California that the foregoing items 4, 5, and 6 are true and correct. Date. EITIEUIU ,z Steven H. Cross (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required ifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees ............................................. $ 3 7 O b. Process server's fees ....................................... $ 2 O 3 c. Other (specify): $ d. $ e. TOTAL ............................................................ $ 5 7 3 f. D Costs and disbursements are waived. g. | am the attorney, agent, or party who claims these costs. To the best of my knowledge and beliefthis memorandum of costs is correct and these costs were necessarily incurred in this case. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dt 5/6/2020ae > (4 Steven H. Cross (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required forajudgment). No defendant named in item 1c ofthe application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Military and Veterans Code sections 400 and 402(f). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. i Date: 5 / 6 / 2 O 2 O /C/:/ Steven H . Cross > ‘LWW (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) C'V 10° [REV J-amiiy: 2°20] REQUEST FOR ENTRY 0F DEFAULT “9° 2 °” “Wm Si?“ 'a (Application to Enter Default) Engle , Traci 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STEVEN R. ENOCHIAN, Bar N0. 61056 STEVEN H. CROSS, Bar No. 3 16147 LOW McKINLEY BALERIA & SALENKO, LLP 2300 Contra Costa B1Vd., Suite 310 Pleasant Hill, CA 94523 Telephone: (925) 627-3500 Facsimile: (925) 482-3384 Attorneys for PlaintiffTENGLE CONSULTING GROUP, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA TENGLE CONSULTING GROUP, INC, Case No.: 19CV344925 DECLARATION 0F TRACI ENGLE 1N SUPPORT 0F APPLICATION FOR DEFAULT JUDGMENT PURSUANT T0 CCP § 585(d) Plaintiff, vs. US IT SOLUTIONS, INC. AND DOES 1 TO 1 0, Defendants. VVVVVVVVVVVV I, TRACI ENGLE, declare: 1. I am the CEO and employed by TEngle Consulting Group, Inc. I am authorized to make this declaration on behalf of PlaintiffTENGLE CONSULTING GROUP, INC. PROCEDURE 2. On April 3, 2019, TENGLE CONSULTING GROUP, INC. (“Plaintiff”) filed their Proof of Service of Summons, Civil Case Cover Sheet, and Complaint against US IT SOLUTIONS, INC. (“Defendant”). (Attached hereto as Exhibit A is Plaintiffs Proof of Service of Summons, Civil Case Cover Sheet, and Complaint, “Ex. A”). PAGE 1 0F 3 DECLARATION OF TRACI ENGLE IN SUPPORT 0F APPLICATION FORDEFAULTJUDGMENTPURSUANTTO CCP § 585(D) 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 3. Plaintiff hand-served the Summons, Civil Case Cover Sheet, and Complaint at Defendant’s principal place 0f business, 3031 Tisch Way, 110 Plaza West, Safi Jose, CA 95125, to the person in charge of the office, Nicole Christ, on March 25, 2019 at 2:46 pm. (Ex. A). Plaintiffs then mailed these documents to the agent of service of process for Defendant, Suresh Boyapati, on March 29, 2019 at the same address. (Ex. A). Pursuant to California Code of Civil Procedure Section 415.20 (b), service of summons was deemed complete on the 10th day after mailing, April 8, 2019. 4. Pursuant t0 the Summons served on Defendant and California Code of Civil Procedure Section 412.20 (a), Defendant received notice that, unless the Defendant responds within 30 days after summons is served on him or her, his or her default will be entered upon application by the Plaintiff, and the Plaintiffmay apply to the court for the reliefdemanded in the complaint, which could result in garnishment of wages, taking of money or property, or other relief. (Attached hereto as Exhibit B is a true and correct copy of Plaintiff s Summons and Complaint, “Ex. B.). 5. Thirty (30) days from the service of summons was May 8, 2019. Upon information and belief, there is no written pleading filed with the court in response to the Complaint. COMPLAINT 6. On May 25, 2016, Plaintiff and Defendant entered into a written agreement. (Attached to the Complaint (Ex. B) is a true and correct copy of the Agreement.) In accordance with the agreement, services were provided on September 7, 2018, and payment therefor was due on October 7, 2018. (Attached hereto as Exhibit C is a true and correct copy of correspondence and invoices sent t0 Defendant US IT Solutions, “EX. C”). The two invoices totaled $10,000.00 owed to Plaintiff TEngle Consulting Group. (Ex. C). I 7. Defendant failed to make payment for services provided by Plaintiff. Defendant was notified of their failure to make payment. (Ex. C). Thc interest on the amount owed is $1,583.27, PAGE 2 OF 3 DECLARATION OF TRACI ENGLE IN SUPPORT OF APPLICATION FOR DEFAULTJUDGMENT PURSUANT TO CCP § 585(D) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for nineteen (l9) months (October, 2018 to April, 2020) of interest at 10% annum, as outlined below: Total Outstanding 10% Interest per Annum Interest per Month $10,000 $1,000.00 +12 $83.33 Months Unpaid X interest per month = 19 $83.33 $1,583.27 8. Pursuant to the Agreement (Ex. B), the prevailing party in any proceeding brought by one party (Plaintiff) against the other party (Defendant) and arising out of or in connection with the - Agreement shall be entitled to recover its legal expenses, including legal costs and reasonable attomeys’ fees. Plaintiff has incurred $370 for filing costs and $203 for courier services. 9. Pursuant to Santa Clara’s Attachment CV-5021, Schedule of Reasonable Attorney Fees, and based on the principal amount of the judgment being $10,000, Plaintiff requests $1,400 in reasonable attomey’s fees. 10. In total, Plaintiff has incurred $1,400 fbr reasonable attorney’s fees and $573 in costs. In total, Plaintiff is owed $11,583.27 for the outstanding principal and interest accrued thereon. Plaintiffs total judgment should be $13,556.27. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and if called to testify I- could competently do so. Dated: May i z ,2020, in ham {i HQ, ,Califomia. By JADAM "M TRACI ENGLE, " CEO ofTEngle Consulting Group, Inc. PAGE 3 0F 3 DECLARATION OF TRACI ENGLE IN SUPPORTOF APPLICATION FOR DEFAULTJUDGMENT PURSUANTTOCCP § 585(1)) Exhibit Axhibit ATTceusroRPwuTTRTHceTNTcEN&Teem, su&e»N»&we&l&m&NRSteven R. Enochlan, 61056 LCW McKinley Baieria, LLP 2300 Contra Costa Blvd, Ste. 310 Pleasant Nfll, CA 94823 Tesnevteecp (925) 627-3508 ArmeeerrcelAwet plaintif SUPERIOR COURT OF CALI FOR ma, COUurv 0F superiorCaurt af callfomia, santaclara county 1st N. First Street san Jose, CA 951 13.1090 POSR)fg EPREEERTEEEcpcv Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/3I201 9 S (S AM Reviewed By: Yuet Lai Case NSCV344925 Envelope: 2711799 PIAINIlFF/PETIrloNER: Tengle Consulting Group, Inc, OEFENoANT/Rasnorrczrrn US IT Solutions, Irmv et SL CAEE PCNEWV 1 9CY344925 PROOF OF SERVICE OF SUMMONS 1300-2703 1. At the time cl sendce I was a csizes of the United States, at Ieest 18 years of age end nota pmty Io this adicn.+ y ~++ z. t served coules of: Summons, CMI Case Cover4heet, Camplaint S. a, Fanysenrmh IJS IT Solutions, Inc. b Person Served: Surssh Boyapagi- Person Authorized tc Accept Service of Process 4. Address wherethepadywesserved: 3031 Tlsch Way, 110 Plaza West San Jose, CA 95125 8. I served Ihs party b. by substltuted eervice, On (dem)f 03/26/2019 at (Vme)I246FM l felt the documents gatedin Bern 2 with or In the presence of: Nicole Christ- Person in Charge Of Offic('f) (business) a person at Ieestf8years of age apparently in charge at Ihe cfvce or usual place at business of Ihsperson to be served. I fnformedhfm or hsr of Ihe general nature cf the papaw. (4) A decieragon of maglng fs altechsd. 8. The "Nollce to the pemcn Served" (oc the summons) was completed as follows: f)SW'htII()tions, inc. under. CCP 416.10 (corporation) 7. Pemon who served papersa Name: b. Address: one Le ai-19(-Marin Thomas J. Bowman, Jr PROOF OF SERVICE OP SUMMONS 9 14CO North McQmveg Blvd, Ste 380 Peiaiuma, CA 94984 c. Telephone number. 41 &491-Csea d, The feeforservicewes:3 9575a I eire (3) registered california pmcess server. (0 Employeeorindependentcontrector. fig Reaistratlcn No..25 08) County SANTA CL'AR 8.1 deci ere under penalty of ps&jury under Ibe laws at the united Slates of Amedce Dale: 03/29/2019 Thomas J. Bowman, Jr INANEQPPERSONWHCEEPVSIPAPEIWI IE». J&N c eon IE uue end c enact, IEICNATVEH c»» I wePl~»»N, I En IE OL3 t2938573 ATTORNNTORNAIOY vuncorATTORIavfccncmuscumsc Steven R. Enochian, 61056 Low McKinley Baleria, LI.P 2300 Confra Costa Blvd Pleasant Hill. CA 94523 ATTcfwavrostsc R Plaintiff cncccnnm afaccl,nrcsccccnmsnmchcmct Ifcns Santa Clara- Fimt Street 191 N. First Street San Jose, CA 95113-1090 Tangle Consulting Group, inc. OEnsfavtan US IT Solutions, inc., otal. (925)627-3500 Rct Na,cess un 1300-2703 TOROONRTIusouv PROOF OF SERYICE BY MAIL 19CV844925 BY FAX I am a cwsan ofthe united states, overthe ags oft8 and not a party to the viithin ection. My business address Is 594 Redwood Blvd., suite223 Novato, CA 9494'r. On 03/29/201 9, after substituted service under secgon CCP 415 2D(e) cr 4152D(b) or FRCP 4(eX2){B) or FRCP 4(hX1XB) was made gfspplhabls), imslled copies ofths; Summons. Civil Case Cover Sheet, Complaint to the person to bs scored at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope,with First Class postage thereon fully prepaid, in the United States Mail at Los Angeles, California, addressed as follows: US IT Solu5ons, Inc. Suresh Boyapati 3031 Tisoh Way, 110 Plaza West San Jose, CA 95125 I am readily familiar with the tirm's praotice for collection and processing of documents for mailing. Under that pracbce, it wouldbs cfeposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinarycourse of business. I am aware that on motion of the party served, service is presumed Invalid if postal cancellation date orpostage meter date Is more than ons (1) day alter date of deposit for mailing in affidavit. Fee for Service: 5 95.75 One Legal- 194-Marin 'i400 North McDowell Blvd, Ste 3DD Pstaiuma, CA 94954 I declare under penalty ofperjury under the laws ofthc United States ofAmerica and the State of California that the forcgoiog is trna and correct and that this .declaration was executed on 03129i2019 st L'os Angeles, Cagfornia. r Yessenia Torres CLff 12988678 Exhibit Bxhibit SUMMONS (C/TAC(ON JUD/C/AL) NOTICE TO DEFENDANT: (A VISO AL DEMANDADO)r ITS TT Sntnttnns, Tnc. and Does 1 to 10 YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEA(ANDANDO EL DE(V(ANDANTE)f TEngle Consulting Group, Inc. SUM-100 FCR COURT Usa CULT (soLo t(IRffsoJR Lc coRTR( by Superior Court of CA, County of Santa Clara, on 3/20/2019 4:30 PM Reviewed By:Matthew Carter Case @1 9CV344925 Env f/2652435 , Deputy (Ad/unto) NOTICE! You have been sued. The court may decide against you vfilthout your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call vrifi not protect you. Your written response must be In proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more informafion at the Cafifornla Courts Onfine Self Help Center (www courtin(o ca govysefihe(p), your county law library, or the courthouse nearest you. If you cannot pay the ffilng fee, ask the court clerk for a fee waiver form. If you do not file your response an time, you may lose the case by default, and your wages, money, and property may be ta'ken vilth out further warning from the court. There are other legal requirements. You may want to call an attorney fight away. If you do not know an attorney, you may want to call an attorney refenat service. If you cannot afiord an attorney, you may be eligible for free tegal senrlces from a nonprofit legal services program. You can locate these nonprofit groups at the cafifomla Legal services web site (www(swhslpcsliiomiaorg), the california courts online selfHelp center (wvnv.court(nfc,cs.govlse((he(p), or by contacting your local court or county bar association. NOTE: The court has a statutory fien for waived fees and costs an any settlement or arbitration award of 310,000 or more in a civil case. The courfs lien must be paid before the court wfil dismiss the case. (AV(SO( Lo hsn demendsdo. Si nc responds dsntrc ds 30 dias, le corfe puede decidir en su conlrs s(n escuchsr su vsrsi6n. Les is infcnnscicn a continusc(CR. Tiene 30 D(AS DE CALENDAR(O despues de que le enfreguen ests citsci6n ypape(es legsies para presenter una respues(s por escrito sn eats corte y Racer que se enfregue uns copie el demsndsnle. I(ns carta o una i(smsds tele(en(ca no (o prolegen. Su respuests por escrilo (lens que es(ar en fonnsto legal ccnsctc si dsses que prccssen su CSSO en le cor(e. Es posib(e que hays un fcnnuisrio que usted pusds userpara su rsspussla. Pusde encontrsr estos fonnu(srios de la corte y mfis informsc(6n en el Centro ds Ayuds de (ss Cortes de CagTomia Iwww.sucorte.ca.gov), sn (a bi Cliotees de leyes de su condado c en le code que le quads mss ceres. Si no puede pager ls cuots de presen(aciiin, pide al ssere tsrio ds (s corte que le de un fonnu(srio de exencion de pago de cuotss. si no prssenla su resp uests a tiempo, pusds perder ei ca so por (ncumplimisnto y(s carte (e podrfi qufiar su sue(do, dinero y bienes sin mfis edverfsncis. Msy ctros requls(tos (sgsles. Es recomendable qus i(erne s Un abogadc inmsdistsmenie. Si no ccnoce a Un sbcgado, pusde ((smsr s un servicio de rem(sion e ah cga dos. Si no pus de pager s un sbogsdo, es posi b(e qua curn pie can los requisitos para cbtensr servicios lsgsies grs(uitos de un progrsme de serg(cios legs(es sin fines de iucro. Puede sncontrer as(os gnrpos s(n ines ds (Oem sn si silic lvsb de Csliiorn(s Legal Services, (wuvw.lawhetpcafifomta.org), en e( Centro de Ayuds da les Cartes de California, Iwww.sucorte.ca.gov) o pcniendcss sn con(ecto con ia corfe o sl co(agio ds sbogsdos loca(es. AV(SO( Pcr (ey (a carte tiene derscho s rsc(smar les cuotes y ios coslos exsntos por impcner un gravamen sabre cuslquisr recuperscifin de 310000 6 mfis ds valor reci bids median(a un acverdo o una concesidn de srbitrs/e en un caso de derecbo civi(. Tlsne que pager el gravamen de la corle antes de cue fa carte pueda desschsr sl caso. The name and address of the court is: ~ (Rdruam"dcftuo(1 9CV344925 (Ei nombfe y direcci6n de ia corle es)i Santa Clara County Superior Court 191 N. First Street San Jose, CA 95113 The name, address, and telephone number of plaintiff's attorney, cr plaintiff without an attorney, is: (E( hombre, la direccion y el numero da teiefono dei abogado del demandsnie, o dai demandanfe que no tiene abogado, es)rSteven R. Enochian 61056 / LOW MCKINLEY BALERIA f SALENKO, LLP /2300 Contra Costa Blvd., Ste. 310 Pleasant. Hill, CA 94523 / (925) 627-3500 DATE: Clerk, by MattheW Carter (Fechal 3/20/2019 4:30 PM Clerk of Court (s«r'afario) (Fofprcof of service Uf this summons, usa Proof of Service of Summons (form POS-010).) (Para prueba de an(regs da asia ciiacion use el formuiario Proof of Service of Summons, (POS-0 f0)). NOTICE TO THE PERSON SERVEDL You are served 1. ~ as anindividual defendant. 2. Pg as the person sued under the fictitious name of (specify); 3. ~ on behalf of(specify) under. 4. Cl by personal delivery on (date): CCP 416.10 (corporation) CCP 416.20 (defunct corporation) CCP 416.40 (association or partnership) other (specify)i CCP 41 6.60 (minor) CCP 416.70 (conservatee) CCP 416.90 (authorized person) Form Rdooled lol Uaodelarv Uce uucgcudccuocllofcagloml r rru (Essentialsuu-lggIReu.uulrl,2gggi c Ltd ~ muporm . SUMMONS Pageloll Code or Chg Procedure 23 C(2 2g, ~ SS oumsuucl ufo ccegou ATTORNEY OR PA nY YJITHOUT ATTORNEY fName, Slate Bar numuer and address): Steven R. Enochian 61056 LQN McKINLEY BALERIA & SALENKO, LLP 2300 Contra Costa Blvd., Ste. 310 Pleasant Hill, CA 94523 TELEPHONENOJ (925) 627-3500 FAXNOfopaonsr); (925) 082-3384 Euumunccnsssfopemsr)r SenOChian81mblaW.net. ATTCRNEYFORIHemek Plcli?Ttiff SUPERIOR COURT OF CALIFORNIA, COUNTYOF Santa Clara STREETADORESS: 191 N. First Street MAIUNGADDRESSr cITYANDzIPODDF'an Jose, CA 951 13 BRANCH NAMe FI.AiNTIFF: TEngle Consulting Group, Inc. PLD-C-001 FOR COURT USE ONLY E-FILED 3/20/2019 4:30 PM Clerk of Court Superior Court of CA, County of Santa Clara 1 9CV344925 Reviewed By: Matthew Carter DEFENDANT: US IT Solutions, Inc. El DQEs1TO 10 H COMPLAINT CONTRACT~ AMENDED COMPLAINT (Number): ~ CROSS-COMPLAINT ~ AMENDED CROSS-COMPLAINT (Number) I Jurisdiction (check ell fhst apply): gQ ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $ 10,000~ exceeds $10,000 but does not exceed $25,000~ ACTION IS AN UNLIMITED CIVIL CASE {exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint or cross~omplaint~ from limited to unlimited~ from unlimited to limited 1. Plaintiff" (nsms ornsmss)f TEngle Consulting Group, inc. CASE NUMBER: 19CV344925 allegescausesofactionagainstdefendant*(nsmeornsmes): US IT Solut.iona, Inc. and Does 1-10 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult Q3 exceptplaintiff(name)I TEngle Consulting Group, Inc. (1) gQ a corporation qualiTied to do business in California (2) ~ an unincorporated entity (describe): (3) C3 other {specify): b. ~ Plaintiff(name): a. ~ has complied with the fictitious business name laws and is doing business under the ricbtious name (specify): (1) ~ a business organization, form unknown (2) ~ a corporation (3) M an unincorporated entity (describe): b. C3 has complied with all licensing requirements as a licensed(speciyy): c. ~ Information about additional plaintiffs who are not competent adults is shown in Attachment Sc. 4. a. Each defendant named above is a natural person~ except defendant (name): ~ except defendant (nsrns): US IT Solutions, Inc. (1) Cl a business organization, form unknown {2) le a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity(describe): (5} ~ other (spscify): (4) ~ a public entity (describe): (5) ~ other (spscify): 'If Ihls form is used as a cross complaal, plainaff mean crossoompiafnanl and dsfondont means cromdsfendanl. FonnAp ravedfarooaonalule Judldal Council of Casunda CCLB I E~nt« COMPLAINT - Contractpununoul Ines.usnoarr1,2000 mlxcornl rc)FO™ Peas 1 of2 Codo of C iv I Procedure, 0 420 12 SHORT TITLE: TEnefle v. US IT Solutions, Inc. CASE NUMEBS PLD-C.DD1 4. (Continued) b, The true names of defendants sued as Does are unknown to plaintiff. (1) ~ Doe defendants(specifyDoe numbers)r 1-1 TI were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) ~ Doe defendants(specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. ~ Information about additional defendants who are not natural persons is contained in Attachment 4c. d, ~ Defendants who are joined under Code of Civil Procedure sechon 382 are(names); 5. ~ Plaintilfis required to comply with a claims statute,and a. ~ has complied with applicable claims statutes, or b.. ~ is excused from complying because(specify): 6. C3 This action is subject to ~ Civil Code section 1812.10 ~ Civil Code section 2984.4. 7. This court is the proper court because a. Q3 a defendant entered into the contract here. b. ~ a defendant lived here when the contract was entered into. c. ~ a defendant lives here now. d. ~ the contract was to be performed here. e. ~ a defendant is a corporation or unincorporated association and its principal place of business is here, f. ~ real property that is the subject of this action is located here. g. ~ other (speclflr): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes ofaction attached): E3 Breach of Contract El Common Counts C3 Other (specify) I g. ~ Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. Kl damages of: 8 b. Q3 interest on the damages (1) ~ according to proof (2) ~ at the rate of (specify): percent per year from (date): c. ~ attorney's fees (1) ~ob8 (2) (jul according to proof. d, ~ other (specify): 11. ~ The paragraphs of this pleading alleged on information andbelief areas f II ws (specifypgar a hnumbers): PL o.c 001 IRev. 2 a See e I, 2002I ( .rE I Essential~M [Q]Forms (TYPE OR PRINT NAME) (SISNATORE OF PIJSNTIFF OR ATTORNEYI (lf you wish to verify this pleading, affix a venfficsticn.) CQIIII PLAINT - Contract Pace 2 ere SR O Rr TITLe TEngle v. US IT Solutions, Inc. CASE NUIJEER: PLD-C-001(t) (!ra!!roar) CAUSE OF ACTION-Breach ot Contract ATTACHMENTTO QaI Complaint ~ Cross-Complaint (ttse e separate cause ofaction form for each cause of action.) BC-1. Plaintiff(name): TEngle Consulting Group r Inc. elleges that on or about(date): 5/25/1 6 a M written ~ oral ~ other(specify)f agreementwasmadebetween(namepafliestoagreement): Plaintiff and US IT Solutions, Itic.Zl A copy of the agreement is attached as Exhibit A, or~ The essential terms of the agreement~ ars stated in Attachment BC-1 ~ are as follows (specify)r BC-2. On or about (dates)r defendant breached the agreement by ~ the acts specTiied in Attachment BC-2 gg the following acts (specify)r Failing to pay for services performed. BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevents'd or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement~ as stated in Attachment BC% [Q as follows (specify/ $ 10f 000 for services performed. BC-5. Q3 Plaintiff is entitled to attorney fees by an agreement or a statute~ of$ IXI according to proof. BC-S. ~ Other: Farm Apptovad for Cplional Uca Judldal CaunalofCa!ifomia PLC C-rmc(0 lRov Januarr 1,2aari 'I Essential ~m I Daporms CAUSE OF ACTION-Breach of Contract Page 3 Fapo1 orc Cadaof Civil pracaduro,242212 vrrrrc couruntaco.fmv SHORT TITLE: I CASE NUMBER: TEngle v. US IT Solutions, Inc. Ser nrvrt CAUSE OF ACTION-Common Counts (number) ATTACHMENTTO EIComplatnt ~ Cross-Complaint (Use a separate cause of action form for each causa of action) CC-1. Plaintiff(name); TEngle Consulting Gzou)p, Inc. PLD-C.001(2) allegesihatdefendant(name)1 US IT Solutions, Inc. became indebted to M plaintiff ~ other (name)J a. gg within the last four years (1) (ILI on an open book account for money due. (2) ~ because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant vras indebted to plaintiff. b. ~ within the last IZ) twoyears ~ fouryears ('I) ~ for money had and received by defendantfor the use and benefit of plaintiif. (2) El for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. Q3 thesumof$ 100/hx Q3 the reasonable value. (3) ~ for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff~ the sum of $~ the reasonable value. (4) ~ for money lent by plaintiff to defendant at defendant's request. (5) M for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) ~ other (specify)r CC2, $ 1 0, 0 00, which is the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest QLI according to proof ~ at the rate of percent per year from (date)) CC-3. Kl Plaintiff is entitled to attorney fees by an agreement or a staiute~ of $ Qg according to proof. CC-4. ~ Other: Formnnnroved forcnbonaluee Judicial courlcil oi cahiomla PL O 9001 (2) iaev. Jaau err 1, 2009) ( .~ I Essential mumm I roj F tale'AUSE OF ACTION-Common Counts Page 4 PO90 1 of 1 Codo ol Civh Procenum, 5 42512 rvwrv coelatro oe.dov Exhibit Axhibi cooosign Envelope Io: A3E44114-C098-461o-A157-996CFC61F9A6 IT SOLUTIONS US lT Solutions 00 vo 70 0570 IIFi06101106I.O Id FI r SOS J COOS131 0 308 766-0000 VENDOR CONSULTING AGREDIMENT This VEINDOR CONSUI TING AGREIEMENT (A@cement) is entered into as of May 25, 2016 between US IT Solutions, Inc. Inc. (hereafter SComprmy'), a California Corporation vdth Principle Adtninisttative Offices at 2570,N Pirst Street,2"" Ploor, Sau Jose, CA 95131 and Corporate Tax ID: 81-1260320 and TEnJe ConsuIting Group, Inc. (hereafter "Vendor") having its principal office at 4115 Blackhawk Plaza Circle Suite8100, Blackhawk, CA 94506 and Corporate Tax ID: 26-4606551 Company has entered (and in the future may enter) into a software development and consulting services contract (Contract) with its Customer (Customer is collectively defined as companies with which Company currently transacts business and companies with which Company is proposing to transact business in the future). B. Vendor (Vendor is collectively defined Vendor and employees/vendors of Vendor) desirous to provide software development and consulting services to Company with regard to the Customer, and Company desires to obtain the Services of Vendor, In consideration of the mutual promises contained herein, Vendor and Company agree as follows: Article I - Services to be nerformed 1.1 Company hereby retains Vendor to cary out and perform such Services, as Corupany shall set forth in a Statement of Work (SOW) and provide such deliverables related thereto (Deliverables), which shall be incorporated herein upon execution and which may be amended from time to time by written mutual agreement signed by both parties thereto. 1.2 In providing the Services to Company, Vendor shall perform the Services and provide such Deliverables as specifically requested pursuant to SOW as that term is defined in Article 2 herein. Company shall consult wdth Vendor in determining the method, means aud technical details ofpelforming the Services, but at sll times Vendor shall retain full direction aud control of the means and methods by which Vendor performs the Services. Article 2 - Statement ofWork 2 1 The Services for each project shall be requested by an individual Statement of Work (SOW). Each SOW shall specify the nature of the project; the Duration Company wishes to have Vendor work on the project, the location where the project is to be perfbrmedr and the anticipated consulting fees to be charged by Vendor for the project. IfVendor page Z of 14 Docusign Envelope ID: A3E44114-c999-49'lo-A1 57.999CFC61FBA5 IT SDLUTIONS US IT Solutiuns nni veiny ccnta 45 ONFA tone onndnlo r n o on55131 econ.eeo noae n'U c agrees to the SOW Vendor shall confirm Vendox's acceptance ofthe SOW by execution in writing. Individual SOW shall be on a time and materials (Time and Matexials) basis. Any change in the terms and dollar limits must be mutually approved and agreed upon in writing by Vendor and Coxnpany. Article 3 - Performance Warranties 3.1 3.2 Vendor warrants that, in performing the Services, Vendor will use their best efforts and professional skill and Knowledge in completing the authorized SOW. Services shall be provided to the satisfaction ofCompany and its Customer. Vendor fuxther warrants that the work product ofVendor will be professionafiy rendered in accordance with the lfighest standards in the industry, All Vendor employees provided by Vendor pursuant to a SOW will possess the skills required to execute the Services under the SOW. Ifreasonably required by Company, Vendor agrees to be presented as part of company's consulting staff at Company's Customer. Vendor recognizes that Company performs Customer assigniuents under the terms of a prime agreement that Company may enter into with its Customers and agrees to be bound by any ofthe obligations of any such agreement that may relate to the type and scope of Services provided by Vendor, which will be identified on the SOW. Vendor agrees to provide a Two-week performance marantee whereby if for any reason. the Client is not happy with the pexformance ofVendor's pexsonnel during the two week of the engagement, Vendor will not bill for the services provided. Article 4 - Ownershin of Beveiouments aud Infrinaement Warrantv. Company and Vendor agxee that all codes, developments, designs, discoveries, ideas, improvements, processes, Programs, systems, copyrightable material, patentable subject matter, trademarks, service marks, vvritings, Creations, enhancements, improvements or other inventions, whatsoever, which have been or shall be made, developed, discovered, invented, conceived or reduced to practice or writing by Vendor, either alone or with others, (I) at any time during Vendor's engagement by Company or (ii) within one year follovxing the termination or completion of such engagement, vihichever is later, and other tlxfngs or materials developed by Vendor iu fulfilment of the Services (Inventions) shall be considered to be "works made by hire for the purpose of 17 U.S.C. $201 and otherwise," that they and the patents, copyrights, moral rights, if any, trade secrets, trademarks, intellectual property and other intangible property xights therein shall become the sole and exclusive pmperty of Company, subject to Company's obligations to Customer under its Contxact with Customex, if they are part of, relate to, or are usable with: px page 2 of '14 OCCCSlgn EnveloPe ID: A3844114-C898.481 O-A157-998CFC61F9A5 IT SOLUTIGNS (a) The Services; (b) Vendor's engagement by Company; US lT Solutions Col OOV 0 70001 0570NFI t5t5 t,v JFI 50 Jo OCA057 'I P. tto 700 0000" I toll Colt ol.o Ot A'. *It OI. 4.2 (c) Any work or development project then being undertaken by Company or custoniei'd) The business and affairs of Company or Customer; and (e) Any process, apparatus or article useful in the development, manufacture, testing or operation paragraphs (a) tin ough (e). To the extent, ifany, that Company does not originally acquire full legal ovmezship to any Invention pursuant to Paragraph 4.1 of tide Agreement, Vendor hereby assigns Vendor's entire worldwide right, title and interest therein free of all liens and encumbrances to Company. Vendor shall, both during and after termination ofVendor's engagement by Company, assist Company in every pzoper manner, at Company's expense and without cost to Vendor„ to obtain for Company, and to maintain and enforce in any and all countries, patents, trademarks, copyrights aud all other protectable zi@ts on all Inventions assigned by Vendor pursuant to this Agreement. For such purposes, Vendor shall execute all U.S. and foreign patent applications, trademark applications, copyright registrations, recordable assignments for all countries, supplemental filings or declarations and ail other legal doouments as Company may request. Should Company be unable to secure Vendor's signature on any document necessary to apply for, prosecute obtain„or enforce any patent, copyright, or other right or pmtection relating to any Invention, on any cause, Vendor hereby irrevocably designates and appoints Company and each of its duly authorized officers and agents as Vendor's agent snd attorney-in-fact, to act for and in Vendor's behalf and stead and to execute and file any such documem, and to do all other lawfully permitted acts to further tho prosecution, issuance, and enforceinent of such patents, copyrights, other fights or protections with the same force and effect as if executed and delivered by Vendor. Vendor warrants that any writings, proposals, products, systems, improvements or processes which Vendor designs for Company or for Company's Customer in any v ork performed under this Agreement will in no manner whatsoever infiinge upon the patents, patent applications, trade secrets, copyrights, intellectual property rights or trademarks of Vendor or any third party and that Company shall have full and unencumbered nghts thereto. Arficle 5- Confidential Information 5.1 Confidential Inforruation Definedi The parties contemplate that either Company or Customer may disclose to Vendor Confidential Information concerning Inventions, Page 3 of 14 49 Docogign Envelope lD: A3644114-CG99-481D-A157-998CFC6169A5 IT SljLUTtoNS US IT Solutions Gnl vnyo 5 IONmoot I o \.5 dplo 5 J OO55151 n Olt OGG.OMO m fofoioono I.oom It I. Om 5.2 5,3 5.5 confidenual know how and trade secrets to further the performance of this Agreement, or the Services. OConfidential Information" is written or oml and includes, but is not limited to, this Agmement, technical and biisiness information relating to Company's oz Customer's imlentions or products, research and development, production, manufacturing and enmneezlng processes, computer sofiware, methods. formulas, techniques, processes, costs, profit or margin information, finances, customers, ezuployees, consultants, recruitment policies and programs, compensation information, marketing, and production and future business plans. Rights in Confidential Information: AB Confidential Information shall remain the sole property of Company or Customer Vendor shafi have no right to use the Cordidential Information ofCompany or Customer other than in the performance of the Services. It is acknowledged by Vendor that all information, methods, foxmulae, techniques, processes, system and programs devised, produced or supplied by Company, orally or in writing, is confidential and proprietary and shall remain the propefiy of Company. Vendor shall at afi times during the period of this Agreement vdth Company and continuously thereafier keep confidential afi such iufozmation, products and systems so supplied or communicated to it (OConfidential Infoxmafionn). The receiving party shall use the same degree ofcare to avoid disclosure or use of the Confidential Information as the receiving party employs with respect to its own confidential and propzietary information oi'ike importance and represents that it has adequate procedures in place to protect the secrecy ofsuch Confidential Inforxnation. Unless otherwise agreed upon in writino, disclosure shall be limited to the receiving party's employee'6, agents, and contractors who have a "need to know" the Confidential Information through a non-disclosure agreemeut with the disclosing party on terms substantially similar to the terms ofthis Agreement, Confidentiality Agreement', Except as pzovided herein below, Vendor agrees that Vendor shaB hold all Confidential Information ofCompany and Customer in strict confidence and represents that it has adequate procedures to protect the secrecy of such Confidential Information. Vendor further agrees that Vendor will not make any disclosure of the Confidential Infoiination (includuxg methods or concepts utilized in the Confidential Information) to anyone without the express written consent ofCompany, except to persons to whom disclosure is necessary for the performance of this Agreement. Vendor shall take all reasonable steps to ensure the confidentiality ofall Confidential Infomiation. Return of Information; After any termination or expimtion ofthis Agreement, Vendor shall return all originals and copies thereof of any Confidential hiformation udthin ten days of said termination or expiration to Coznpany, or destroy it ifCompany shall so direct in wxiting. Page @of lip c3@ Dccusign Enveic pe in: As E4411 4-C09&-481 D.A'I 57-998CFC61F9A5 US IT Solutions Ic GOO FC nt t OGFGMFI tot n,nnnl'I t onn J 5 cn 55'lot I Jolt Gt"onto !T SOLUTlDNS 5.6 Bxception: Notwithstanding the other provisions of this Agreement, nothing received by either party shall be considexed to be Confidential Information ofthe other it: (I) it has been published or is otherwise readily available to the public without breach of duty of nondisclosure and other than by a bxeach of this Agreement; (ii) it has been zightfully received by Vendor from a third party without confidential limitations; (iii) it has been independently developed for Vendor prior to Vendor's first receipt, as indicated in files existing at the time of initial disclosure; or (iv) it has been intentionally disclosed by the patty claiming that the information is Confidential Information to a third person without restriction on. disclosure and such information has also been so disclosed to the receiving pariy hereto. Notwithstanding the above exceptions, the Vendor is warned and acknowledges that Company may have invention zights, patent rights, copyrights, and other intellectual propexty rights in the Confidential Informauon which prohibit copying, sale, end modification, and which may prohibit creation and manufacture of the Confidential Infoxmation and which will be enforced, notwithstanding the above terms of this Agreement. 5.7 Survival ofObligations: This Article 5 shall survive any termination or expiration ofthis Agreement aud shall remain in effect until the information is no longer confidential or Company sends Vendor viritten notice xeleasing Vendor &om the obligations of this Agreement, whichever occurs first. Licenses and Permits",Compliance with Laws and ReguIations; Small Business. Sub-vendor shall obtain all licenses and permits that zuay be required by any governmental body or agency necessary to conduct Sub-vendor's business or to perform hereunder. Sub-vendor shall, and Sub-vendor shell cause its vendors to, comply with all laws, ordinances, rules,regulations, orders and other governmental requirements applicable to this Agreement including, but not limited to, all discrimination, wage and hour, employment, workplace health and safety, privacy laws and labor laws. Sub-vendor shall verify the woxk eligibility of each Contract Worker performing Services under this A@cement, including completing and maintahing Form I-9 for each such individual Sub-vendor shall monitor the expiration dates of its Contract 1FVorkers'isas and work permits, if any, In addition, Sub-vendor shall comply with all laws, rules and regdations established by the Department ofLabor ("DOLO) or the United States Citizenship and Immigration Service ("USCIS"), foxmerly known as hnmigration and ¹tuzalization Services ("INS") oi Bureau of Citizenship and Immigration Services (OBCISO), regarding Foreign Nationals and their ability to work legally in the United States, and Sub-vendor shall indemnify Company agahst any costs, liability, or claims asserted agaiustCompany (including by a governmental agency) arising fxom or any way related to Sub-vendors violation of applicable DOL or USCIS laws, relations or rules. Company shall have the right to audit Sub-vendor at any time to ensure they are in Page 5 of1tt ~() 4 Deonalgn Envelope ID: A3E4A114-C099-491D-A157.998CFC91F9AG US lT Solutions ou ov Il~oom o o ontl el oooo ofl 4 J otoooolt 4oo.ooo.oooo IT SQLUTI 0 NS compliance witli these rules, regulations and. laws as described herein. Company shall have the right to audit Sub-vendor at any time to ensure they are in compliance with this Paragraph, Sub- vendor will indemnify, defend and hold Company and Customer harmless from and. against any claims demands, suits, losses, damages, costs, and expenses arising out of any non-compliance or violation or alleged non-compliance or violation by Sub-vendor or any of its officers, employees or any other individual performing services pursuant to this Agreement of any such laws.In those limited circiunstauces in which Company provides its consent as required in Section 22 below, Sub-vendor shall, unless exempt, comply with the following Pederal Acquisition Regulation System (FAR) requirements (including the solioitation provisions and contract clauses contained therein), which are hereby incorporated by reference: EquaI Employment Opporhmity (48 C.F.R. $22.8); Special Disabled and Vietnam Era Veterans (48 C.FjL. 522.13.41 C.F3L 60-250.4(m)); Employment of the Handicapped (48 C.F.R. 522.14,41 C.F.R. 60-741 4(f)); Small Business and Small Disadvantaged Business Concerns {48 C.F9.. 519.000-19.902}; and Pollution Control and Clean Air and Water (48 C.F.R. 523.1). Sub-vendor finther agrees to make cerlifications snd periodic reports required by such section of the FAR, and the laws and Executive Orders implemented by such sections. Pursuant to the Small Business Act (I 5 U.S.C. 5631 et seq.), as amended, Sub-vendor agrees to use its best efforts to carry out the policy stated in such Act so that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals (as defined in the Act} have the maximum practicalile opportunity to compete for subcontracts under. this Agreranent to the fullest extent consistent vdth the efficient peiformance of this Agreement. Taxes. With regard to the Sub-vendor Contract Workers who deliver Seivices to Customer pursuant to this Agreement, Sub-vendor shall be solely liable for: (i) Federal Insurance Contributions Act ("FICA") taxes; (ii) Federal Unemployment Tax Act (eFUTA") contributions: and. (iii} State Unemployment Insurance {"SUI") contributions and all other applicable payroll tax obligations; and (iv) subject to the last sentence of this Section 4(h), federal, state, or locaL taxes based on or measured by Sub-vendor's income or receipts, Sub-veudor will withhold all applicable Federal, State, and local income taxes, and the employee's share ofPICA or other applicable payroll taxes 'borne by its Contract Workers. Neither. Customer nor Company will have any obligation to withhold, remit, or pay Federal, State, or Local income tax, or employee's portion ofFICA or other payroll taxes, for any individual assigned by Sub-vendoz to provide Seivices hereunder; nor will Customer or Company have any liability for any FICA, FUTA, or SUI contributions or other payroll taxes on behalfofany Contract Workers assigned by Subvendor. Company snd Sub-vendor agree that the following shall apply to sales tax, if any, payable with respect to Contract Worker Services provided under this Agreement: {i) Company will be responsible for remitting such sales tax to the applicable state or other governmental entity; (ii) Company will provide Sub-vendor with s. resale certificatc relating to such Contract Worker Services; and (iii) Sub-vendor will cooperate with Company in connection with the calculation and. payment of page S of 14 ~pl( 79 DoouSign Envelope io: A3644114.CD96-481D-A757-998CFC67F9A5 US [T Solutions 5 5 Pnt ta 2575 N A Otntta t 2nnnl 5 nn onontnt 5 555 onato55 IT SOLUTIONS such sales tax, including, but not limited to, pro1dding Company with access to applicable Sub- vendor records in the event Company is audited by a state or other govenunental entity. Article 6 - Comuensation of Vendor 6.1 In consideration for the Services rendered by Vendor hereunder, Company shall pay to Vendor sexvice fee as set forlh in. any approved SOW and shall do so by check payable to Vendor's business name. No administrative or support travel, living, training, entertainment, material or other costs will be reimbursed to Vendor (or its personnel) unless specified in the SOW'r mutually agreed upon in writing, prior to Uendoz incurring such expenses. 6.2 Foz all approved SOW, Vendor shall bfil Company at the end ofeach calendar month foz services provided for that month, unless specified otherwise in the SOW. Facb hill must be accompanied by supporting documents as mentioned in Company's SOW. Company shall pay Uendor no later than ten (I 0) business days from the date, on wlfich the payment is received for Uendox's services or within 30 days ofreceiving the invoice I'rom the Vendor, whichever occurs later..Uendor shall submit the client approved time sheets on weekly basis (without exception} would be a condition precedent for payments to the candidate or candidates company. Any phone hills or personal use of Client's facilities that are deducted from Company's invoice shall be deducted from Uendor's invoice. 6.3 Company will not be obligated to make payment against any time sheet, invoice, or charge within an invoice, submitted more than one hundred eiJ~xty days (180) afler the services rendered. At the request and as a convenience to employee / vendor of the vendor, ifCompany has delivered any funds before receiving the funds from the client, the Vendor agrees that Company may withhold this amount from any monies that may be due to Vendor &om any source. If the monies now withheld are insufficient, Vendor agrees to recompense Company for any shortfall without adjouxnment. 6a4 If client vdthholds any payment due to unsatisfactory performance or non-performance by Vendor's employee / sub-contractor, payment for services will be withheld accozdingly or, ifpayment was made to such employee / sub-contractor, the amount at issue will be refunded to Company iunnediately upon demand by Company. The employee / sub-contractor shall not be entitled for benefits, vacation pay, sick leave pay or any other form of compensation. If the client terminates the services of the employee / sub- contractor of the Vendor within first two weeks or ten working days fiom the dateot'ong due to lack ofperformance or under performance, the client and the company would not be liable to pay for the same. 6.5 In the event that Client is adjudged insolvent or bankrupt and Company is ordered to repay to Client any sums paid by Client to Company because such payment is deemed a 75 Page 7 oft4 Docvsign Envelope ID: A3E44114-CQ98.481D.A157-998CFC91F9A5 IT SOLUTIONS US IT Solutions Sol o l VOC ! COOCC 357OCPA lel 001,3 CPI 7 03 ICA05131 0,000 705.0000 K Iofo4 0 Col.oo "preferential payment" under the United States Baukmptcy laws or similar state insolvency laws, Vendor shall promptly, upon demand, reimburse Company any sums that werc paid by Company to Vendor that comprise, in whole or part, such preferential palunent. Article 7 - Term and Termination of Enaaaement 71 7.2 7.3 Vendor shall NOT reassign its employees or vendors, covered under any SOW, provided to Company without the written consent of Company. This A~cement shall be efiactive upon its execution by both parties and shall remain in force until it terminates or expires. This Agreement or any SOW hereunder, may be terminated immediately (same day) by Company if the Vendor fails to perform any material obligation. In addition, Company may terminate this Agreement, or any SOW immediately (same day), ifthe Customer terminates its Agreement with Company or Customer terminates the consultant from the services, upon which this Agreement or SOW is contingent. 7 4 With respect to any alleged failuxe to perform a material obligation under this Agreement, neither party shall exercise its rights to terminate this Agreement without having provided the other party two weeks written notice to cute the breach, the satisfaction ofthe paxty and Company's Customer, if applicable, affecting said failure to perforin. Upon xequests from the Customer to terminate or suspend the involvement of either Company or the Vendor m the ongoing activities with the Customer, Company may direct, and the Vendor shall immediately suspend, all consulting activities with Customer. This Agreement and any SOW hereunder, may be immediately texminated by Company ifVendor does any act which threatens to cause andlor causes an infringement of any Company (or Company licensor) intellectual property or other property right including, vrithout limitation, any copyright, license right, or trade secret right; or ifVendor shall cease conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit ofcreditors, suffers or pexmits the appointment of a Liquidator, Receiver, or Trustee for its business or any of'ts assets, or shall avail itself or become subject to any insolvency or proteotion from creditors, including baukxuptcy. In the event oftermination or expiration of this Agreement, regardless of the cause thereof. the parties shall abide by and uphold any and all rights or obligations accrued or existing ss of the date of such termination or expiration. The parties shall continue to cooperate with each other and to carry out an oxderly winding up oftheir relationship. Company will work with its Customer tc seek release of the Vendor employee(s) and page 8 of xc uooostgn envelope Ict A3944174-c098-4 BID-A157-998cpcsIF9715 IT SOLUTIONS US IT Solutions 2 707IFI tet 0 1.2 0Fl 00 0 " 0099101 F. 000-700 0000 IY Y U*tt 00 I shall have a maximum ofThhty days from the date oftermination or expiration within which to accomplish this zelease. Within Ten (10) days ofany termination or expiration ofthis Agreement, Vendor shall return to Company all codes, docuraents, drawings, files, lists, programs, records, specifications, tools, equipment or materials made available to Vendor in the coume ofor by reason ofVendor's engagement by Company, and any and all Confidential Infonuation owzied 'by Company or Customer which was mitten, recorded or in any tangible form, without asserting any right or detention. Article g - Vendor's Solicitation of Work from Customer [Tins section intentionally left blaukt Article 9 - Iudeuendent Contractor 9.1 9,2 Vendor shall at all times be an independent contiuctor and not employees for any pmpose whatsoever of Company. Vendor agrees that no income, social security or other taxes or amounts shall be withheld or accrued by Company for Vmidor, snd Company shall maintain no insurance of any kind on behalf ofVendor. Vendor shall be fully responsible for all taxes, including self-employment taxes, aud shall obtain all insurance customary for air independent contractor in the position ofVendor. Other than compensation payable hereunder pursuant to Article hereunder. Vendor shall have no right to pmticipaie in any employee benefit plau, of Company or any other plan ofbeneftts for Company employees required by law. IfVendor shall employ any person for any purpose wltatsoever, Vendor sliall caus'e such employee to conduct his or her activities at the risk, expense and supervision ofVendor and Vendor shall ensure that such employee acknowledges that such employee has no right to make any claiin ofcompensation, benefit or reimbursement from Company. Vendor shall assume all responsibility aud liability for its actions or omissions as well as for the actions or omissions of its employees or agents performing work pursuant to this Agreement. Vendor shall have no authority under any cizcumstances to act for or to bind company hi any way or to sign the name to Company or to represent that Company is in any way responsible for the acts or omissions ofVendor. Vendor shall have no right to create any contract or obligation, express or implied, on behalf of, or in the name of or binding upon Company, or to pledge Company's credit, to extend credit in Company's name or to hold Vendor out to any party as having such right. Page 9 of'M 100000lsn envelope lul Vc6000010.cueti-481 0-A1 57-998CFcsi peas IT SCILUTIONS Article 10 - Non-Bisciosure Vendor Emulcvees/Vendors 10.1 [This section has intentionally been left blank] US IT Solutions 001 0 0000001 060010 0 100 01,0. 0 S 1 Jo 0400101 0.400-066.0000 Article 11 - %arranties 11.1 Vendor agrees that Vendor shall provide the Services as specified on any SO%'hrough Vendor employees who have a valid legal status to work in the United States of America. A proof ofthe valid legal status for each such software professional will be provided to Company promptly upon acceptance of the SOV/. Vendor agrees that Company can claim unlimited liability damages ifVendor breaches this warranty. 11.2 Vendor warrants that the educational qualifications work experience, and technical, skills stated by Vendor on the resumes submitted to Company of Vendor are accurate and true. Vendor will indemnify and hold Company harmless from any litigation, expenses, and damages that may be incurred by Company as a result ofany misrepresentation by Vendor to Company. Abele 12 - IudemuiTicatiou Vendor shall, to the fullest extent permitted by law, protect, defend, indemnify, and hold. Company and Company's client(s) harmless from and against any and all olaims, liabilities, demands, penalties, forfeitures, suits, judgments, snd the associated costs and expenses(including attorney's fees), which Company or Company's client may hereafter incur, become responsible for, or pay out as a result of: death or personal injury (including bodily injury) to any person, destruction or damage to any property, contamination ofor adverse effects on the enidronment, and any cleanup costs in connecgon therewdth, or any violation of law, government regulation or orders, to the extent caused by (i) Vendor's breach of any term or provision ofthis Agreement; (ii) any negligent or willful acts, ermrs, or omissions by Vendor, its employees, oKcers, agents, representatives, or vendors in the performance of this Agreement; or (iii) dangemus defects in items or services. Notwithstanding Vendor's inimunities under applicable state worker's compensation and industrial insurance acts, ancI as mutua!Iy negotiated between the parties, Vendor specifically undertakes to defend, indemnify, and hold Company and. Company's cHent(s) harmless from claims or liabilities asserted against Company and/or Company's client(s) by Vendor's employees. Article 13 - Insurance 13.1 Vendor shall maintain such insurance at Vendor's expense as will fully protect Vendor and Company from any claims for damage for bodily injury, including death, and for property damage, which may arise from Vendor's activities under this Agreement, whether such activities are performed by Vendor or Vendor's vendor or anyone directly or indirectly employed be either of them. Page 20 of 14 cIecu01sn enveIo pe lu: As 0 44114-cess-451D-A157-998CFC51F9A5 IT SOLUTIONS US iT Solutions 010 9 V 0 70 I 3 0393'131 9.30070 0900 13.2 Vendor warrants that it has provided the following coverage for all of its employees: (a) Workers'ompensation iusurance in compliance with all the Workers'ompensation anil Occupational Disease Acts of the state wherein the work is to be performed, if such act requires part or all ofVendor's liability to employees for occupational accidents or diseases to be satisfied by such insurance. (b) Employers'iability Insurance on all employees not covered by aWorkers'ompensation Act, for occupational accidents or diseases with limits ofliability of not less than. One Million Dollars ($ 1,000,000) for any one accident or disease. (c) Professional Errors snd/or Omissions Liability Insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence. If limits apply per claim, insurance will be maintained continuously in force for a period ofnot less than five (5) years following completion or termination of this Agreement. (d) Coxnprehensive General Liability Insurance udth limits of liability ofnot less than One Million Dollars ($1,000,000) each occunence coxabined single limit for bodily injury including death aud property damage. (e) This section has intentionally been removed / left blank. Vendor shall provide Companywith properly executed Certificate(s) of Insurance prior to commencement ofperformance of the services and shall notify Company, no less than thirty (30) days in advance, of any reduction or cancellation ofthe above coverage. 13.3 Certificates of Insurance will name Company as additional insured on each insurance policy requized by this Article. Compliance with foregoing paragraphs shaH be finzdshed by Vendor v hen requested by Company. Maintenance of such insurance and. the performance by Vendor of the obligations under the foregoing paramaphs shall not relieve Vendor of liability under this Agreement, including Article 12. 13.4. ACA. Provisions: Vendor will be solely responsible for offezing each Vendor Employee assi~ed to provide personal services to or for the benefit ofApex "Minimal Essential Coverage'* (as defined pursuant to the Patient Protection aud Affoxdable Care Act (hezeinafter "ACA") and Tzeasmy Reg. H 54.4980H-1 through 54.4980H-6) (hereinatter the "4980H Rules")) under an *'Eligible Employer-Sponsored Plan" established or maintained by Vendor, duxing any period such Vendor Page 9.1 of 34 IJcccotgn envelope iui R5544114-cc99-481D-A157.998cFc51F9A5 US IT Solutions ooi on v oav conlat 2OFIO2 ONR 152 1, J oao495131 P. 9 195.ttattael I to ilo I. lT SOLUTIONS Employee qualifies as a "Full-time employee" (hereinafter 'Vendor Health Coverage"). All offers ofVendor Health Coverage shall be made as soon as a Vendor Employee qualifies as a "Full-time Employee, Vendor shall afford any suoh vendor's Employee (and any eligible "Dependentsn) an effective opportunity to elect to em oil in Vendor Health Coverage in such manner and with such frequency as nmy be required by the ACA and its unplementing zecmlations. Fiuther, with regard to each vendor Employee who accepts such offer ofcoverage and otherwise compIies with its tertns and conditions, Vendor will provide vendor Healrh Coverage to such vendor Employee and (where relevant) to their eligible 'TIependents." Once elected vendor Health Coverage shall not be subject to termination except in accordance with applicable benefits plan tenus and the ACA and its implemeriting regulations. Article 14 - General Provisions 14.1 This Agreement and the performance of any obligations hereunder by Vendor may not be assigned, delegated, subcontmcted or othervdse tzansfezred without the prior written consent ofCompany. 14 2 Ifany provision ofthis Agreement is found by any court ofcompetentjurisdiction to be invalid or uncoforceable, the invalidity of such provision shall not affect ihe other provisions of this Agreement, and all provisions uot affected by such invalidity shall remain in full force and effect. 143 The waiver by either party ofa breach or default inany of the provisions oithis Agreement by the other party shall not be construed as a waiver of any succeeding breach ofthe same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by tbe other patty. 14.4 This Ameement constitutes the entire agreement betvveen the parties with respect to the subject rnatter hereofand supersedes all prior agreements between the parties, whether written or oral, relating ta the same subject matter. No modification, amendment or supplement to this Agreement shall be effective for any purpose unless in writing and signed by each party. 14.5 Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other party for any failure to perfoimo or delay in the performance of that party' obligations hereunder, when such failure to perform or delay in performance is caused by an event of force majeure; provided, however, that the party whose perfonnance is prevented or delayed by such event of force majeure shall give prompt notice thereofto the other pazty. For purposes of this Paragraph 14 5, the tenn "force majeuzen shall include war, rebeIIion, civil disturbance, earthquake, fire, flood, strike, lockout, labor Page 12 of 9.4 Dnenntgn nnvelnPe lu: A8844114.C098-481 DeA157-998CFC61 FBA5 US IT Solutions silt s veil«y 4 t t ssestisi tsl t,s set s J ecssstst l».ess-vss.sess lT SGLUTlGNS unrest acts ofgovernmental authorities whether by regulation, administrative action or otherwise, shortage ofmaterials, acts of God, acts ofthe public enemy and, in general, azy other causes or conditions beyond the reasonable control of parties. Article 15 - Enforeemeut of Aureezuent 15.1 Any controversy, dispute or claim arising out of or relating to this Agreement or. the breach ofthis Agreement or dealing in any way with the relationship between the parties hereto shall be governed by and construed in accordance with the laws ofthe State of California, without regard to its mles and laws regarding conflict of law. The Federal and State courts within the State of California shall have exclusive jurisdiction Io adjudicate any disputes arising out ofor in connection with this Agreement, and each party consents to the personal jurisdiction of such courts, 15.2 The prevailing party in auy proceeding brought by one party against the other party and arising out ofor in connection with this Agreement shall be entitled to recover its legal expenses, including court costs and reasonable attorneys'ees. 15.3 1n the event ofa dispute related to non-payment of fees specified in the pazties'endor Consulting Agreement for services, or any addendksn to that agreement, all collections- related litigation hvill take place in the courts of the State of California. The bzeachiug party shall be given ten 00) days to cure the breach through full payment of required fees, after which company will pursue all necessary aud permissible legal action to secure payment of these fees in the appropflate court ofthe State ofCalifornia. This clause supersedes all terms and conditions related to forhmh and venue for litigation specified in parties'xisting Uendor Consulting Agreement. Page 1.S of 14 IJ0000lgn Dnvelcpe lee A8844114-6098-481 o-A1 57-998CFC61F9A5 iT SGLUTtGNS US lT Solutions sel 9 ce9 ceotet 0570 HFI tslt Ot,e dFIH Set Je 00951st p. 303.750-0000 I I le Ite I w'p.done I.eo IN WITNESS WHERBOP, the parties hereto have caused this Agreement to be executed as of the date erst written above. VENDOR TEngle Consulting Group, inc. Ey: fr'ill/l lM iSignature) Name: Traoi Engle COMPANY US 1T Solutions,inc. t Dooeel0095 em (S., re) LPu(kfip AV 5i~ Fushpfnder singhName: Title Team ManagerTitle: CEO/President Date: .'38 /I-%(QI kZ D te. 5/25/2D16 Note: Signing person's initials are required from both Vendor and Company on footer of each page. Page 14S of 14S uocuslgn Envelope Io: ABE44114-coaa-461 o-A157-BBBGFc61 FBA5 IT SOLUTIONS US IT Solutions eel 9 eeyc nt 3'yonFtr tetr tl.eneFl r 9 J eeC*93191 F.toe-yen.oooo etlneon it*a.« Schedule A- Purchase Order Resource Submission S. Assignment Worksheet 1. Names of the Resource presented: Traci Engle 2. Project: Robert Half Corporate 3. Rate : $100/hr 4. Start Date : OS/31/2016 3 Duration: Till One Year 6. Termination notice: If Vendor is compelled to withdraw from this assignment, they must provide minimum two-week's notice. Upon failing to do so, two weeks payment to Vendor would be deducted. 7. Payment Terms: Vendor shall invoice US IT Solutions, Inc, monthly and US IT Solutions, Inc.. shall pay Vendor on completion of 30 days from receipt of invoice. 8. Description of Assignment/Type of yyork: Contracti Project Manager For US IT Solutions,inc. CC3933333!!919133 . pate 5/2 5/2016 Fushpfnder sfngh Title'eam Manager Eor Voder: TEngle Consulting Group,!nc. ~&A.G.("r) eater .g/3Qj~IQIL i Name: Traci Engle Title: cso/ president Exhibit Cxhibit C Low McKinley Baleria 4 Salenko, LLP Attorneys at I,aw Sacramento 2150 River Plaz'a Drive, Suite 250 Sacramento, CA 95833 Telephone: (916) 231-2400 Pacsinuler6 (916) 231-2399 Pleasantmill 23 00 Conna Costa Blvd., Suite 310 Pleasant Hill, CA 94523 Telephone: (925) 627-3500 Facsimile: (925) 482-3384- Donna W. Lovv Bruce E. Saletdto Steven R. Bnochian *Paul R. Baleria Steven M. McKinley Nicholas J. Leonard Thomas M. Crarherson John D. Sager **Christina M. Lecher Nicole I. Whatley *Also admitted in Hassari "*Also admitted in Arizona Reply.To: Pleasant Hill Office Januatry" 16, 2019 US.IT Solutions, Inc. 3031 Tisch Way 110 Plaza West San Jose, CA 95128 Attention: Suresh Boyapati RE: My Client TEngle Consulting Group, Inc. Dear Mr. Boyapati: Please be advised that I am counsel for TEngle Consulting Group. Your company contracted with my client for services as evidenced by Vendor Consulting Agreement. Pursuant to this Agreement, my client performed services and invoiced your company for those services. Those invoices which I have attached hereto for your reference total $ 10;000 and they have not been paid and are long overdue. Be advised that if these invoices are not paid in full within fourteen {14) days of the date of this letter, we will commence legal action against your company and will seek not only the full amount of the invoices, but costs and attorney's fees as welL US IT Solutions, l'nc. January 16, 2019 Page 2 If you have any questions of my client's intent in this matter, please do not hesitate to contact me. Very truly yours, LOW McKINLEY BALERIA 4 SALENKO, LLP Steven R. Enochian Enclosures cc: Suresh Venkat Director, M. Vivos Corp. 22 Baltimore Road Rockville, MD 20850 Tracy Engle (e-mail) TFngle Consulting Gj p «~&&~~@/~&„4115 Blackhawk Plaza Circle "«i:."~~,'-;::. Danville, CA 94506 Date 3/7/2018 Invoice @ 570 8ijf::!Tj'o„'I '-,, "',';, 'S IT Solutions Silicon Valley Centre 2570 N First Street, 2nd Floor San Jose, CA 96131 SritP Tip,::.'. "': i",:."„.::;:!:,"::.:;::,::,';:!.l"l;:i„'!;-";:;.::,!:.i:.':,:; -:i;:..i,",'",/ us IT" Solutions * Silicon Valley Centre 2670 N First Street, 2nd Floor San Jose, CA 85131 P.O. // Tr.i'IYls Net 30 Ship Date Due Date Other 0/7/2018 1 0/7/2018 Pro'ect Mana ament: TCG - Traci Enoie: WE 08/3 I 26 1DD.DD 2,600.00i g 1 Project Management: TCG - Traci Engle: WE 09/07 'I 6.5 1D0.00 1,650.0D Tang/a Consulbng Gcoop traci@tengleconsultinggroup.corn www.TEngleConsuitingGroup.corn Subtotal : Sales Tax (0 OX) Total 025 35t 0&57 Payments/Credits Balance Due $4,250.00 $0.00 $4,250,00 $0.00 $4,250.00 539%“ TEngie Consuiting Gi ,3 4' “3 \ 41 15 Bsackhawk Plaza Circse ‘ Suife 100 Danville, CA Q4506 US lT Solutions Silicon Veiley Centre 207D N First Street, 2nd Ftoor San Jose, CA 95131 P.O. # Terms Net 30 Date 9l712018 Invoice# 581 US IT Solutions Silicon Valley Centre 2570 N First Street, 2nd Floor San Jose, CA 95131 Ship Date 9/7/2018 Due Date 10/7/2018 Other TEngfeconsumngGmup .. traci@tengleconsuItinggroupxom www.TEngIeConsultingGroup.com Project Management: TCG - Traci Engle: WE 09/14 gProject Management: TCG ~ Traci Engle: WE 0912'] 26.5 100.00 z 2,650.6 31 100.00: 3300.00 Submtax $5,750.00 Saies Tax (0.0%) $0.00 ”rota! $5,750.00 925_361_0167 Payments/Credlts $0.00 Ba1arsce Due $5,750.00 Exhibit D ClV-1 00 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: NAME: Steven H. Cross SBN 316147 FIRMNAME: LOW MCKINLEY BALERIA & SALENKO, LLP STREETADDRESS: 2300 Contra Costa Blvd., Ste. 310 CITY: Pleasant Hill STATE: CA ZIPCODE: 94523 TELEPHONEN0.: (925) 627-3500 FAXN0.: (925) E.MAILADDREss: scros s@ lmblaw . net ATTORNEY FOR (name): Plainti f f 482-3384 FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 11l1 5/2019 11:04 AM Reviewed By:-M-Vu-dh DHarris Case #1 9CV344925 SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa C l ara STREETADDRESS: l 91 N . First Street MAILING ADDRESS: CITY AND ZIP CODE: S an Jose , BRANCH NAME; CA 95113 Envelope: 3655727 PIaintiff/Petitioner: TEngle Consulting Group, Inc. Defendant/Respondent: US IT Solutions, Inc. REQUEST FOR m Entry of Default (Application) E Court Judgment D Clerk's Judgment CASE NUMBER:1901344925 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a.on(date): 3/20/2019 b. by (name): TEngle Consulting Group, Inc. c. w Enterdefaultofdefendant (names): US IT Solutions, Inc . d.m I request a court judgment under Code of Civil Procedure sections 585(k)), 585(6), 989. etc., against defendant (names): US IT Solutions, Inc. (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an afi'idavit under Code Civ. Proc., § 585(d).) e.D Enter clerk‘s judgment (1) D for restitution of the premises only and issue a writ of execution on 1174(0) does not apply. (Code Civ. Proc., § 1169.) thejudgment. Code of Civil Procedure section D 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 section 415.46. (2) D under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) D for default previously entered on (date): 2. Judgment to be entered. Amount a. Demand of complaint....................... $ l 0 , 0 O O $ b. Statement of damages * (1) Special ................................... $ $ (2) General ................................... $ $ c. Interest ............................................ $ l , O 84 $ d. Costs (see reverse) ....................... $ 5 7 3 $ e. Attorney fees ................................. $ l , 4 O 0 $ f. TOTALS .......................................... $ 13, 057 $ g. Daily damages were demanded in complaint at the rate of: $ (* Personal injury or wrongful death actions; Code Civ. Proc., § 425. 1 1.) Balance l O , O 00 Credits acknowledged 0 0 1,084 573 1,400 13,057 $$$$$$ O per day beginning (date): 3. a (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: 11/8/2019 Steven H Cross ’ T (TYPE 0R PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1)m Default entered as requested on (date): 11/1 5/1 9 USE ONLY (2)D Default NOT entered as requested (state reason): IDHanm Clerk, by , Deputy Fag“ on gfgflgfcp‘“3f“‘c.‘é1‘2’0’1: CLrB- Emma REQUEST FOR ENTRY 0F DEFAULT °°““‘C”" P’°°e“”’e'3332i'33§c;7$v ' o [Rev' anua'y ' l «Mom Em' (Application to Enter Default) Engle , Traci Plaintiff/Petitioner: TEngle Consulting Group, Inc. Defendant/Respondent: US IT Soluti on, Inc. CASE NUMBER. 19CV344925 CIV-100 4. Legal document assistant or unlawful detainer assistant (Bus. 8 Prof. Code, g 6400 et seq.). A legal document assistant or unlawful detainer assistant ~ did ~ 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: c. Telephone noc b. Street address, city, and zip code: d. County of registration: e. Registration noc f. Expires on (dale): 5. ~ Declaration under Code of Civ. Proc., g 585.5 (for entry of default under Code Civ. Proc., (j 585(a)). This action a. ~ is ~ is not on a contract or installment sale for goods or services subiect to Civ. Code, (j 1801 et seq. (Unruh Act). b. ~ is ~ is not on a conditional sales contract subject to Civ. Code, (j 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. ~ is ~ is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., (j 395(b). 6. Declaration of mailing (Code Civ. Proc., (j 587). A copy of this Request for Entry of Default was a. ~ 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, to each defendant's last known address as follows: (1) Mailed on (date): 11/12 /2 0 1 9 (2) To (specify names and addresses shown on the envelopes): Suresh Boyapati, Agent of Service of Process, US IT Solutions,Inc. 3031 TISCH WAY, 110 PLAZA WEST, SAN JOSE, CA 95128 I declare under penalty of periury under the laws of the State of Cahfornia that the foregoing items 4, 5, and 6 are true and correct. Date: 11/12/2019 Steven II Crnoo (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., (j 1033.5): a. Clerk's filing fees ......................................... $ 370 b. Process server's fees....................................... $ 203 c. Other (specily): $ d. $ e. TOTAL 573 f. ~ Costs and disbursements are waived. g. 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 t Date; 11/8/2019 Steven )t Crnss (TYPE OR PRINT NAME) rrect. (SIGNATURE OF DECLARANT) 8. ~ Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. 6 3911(2), or California Military and Veterans Code section 400(b). I declare under penalty of perjury under the laws of the State of Cakfornia that the foregoing is true and correct. Date: 11/8/2019 St a ver) H C ms R CIV-100 [Rav Jaooao) I, 2010) ( ~c Essential MM M FP3FOrme. (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Engle, Traci Pago 2 of 2