Default EnteredCal. Super. - 6th Dist.May 28, 2019on 12/1 6/2020 5:44 PM Reviewed By: D Harris Envelope: 5487355 Clv_1oo ATTORNEY 0R PARTY WITHOUT A'rrORNEY: STATE BAR No: 22471 1 NAME: Kevin Faulk FIRM NAME: Law Offices of Kevin Faulk STREET ADDRESS: 530 Lawrence Expy., #361 CITY: Sunnyvale STATE: CA ZIP CODE: 94085 TELEPHONE N0.: (408) 599-3277 FAX N0.: (408) 800-4046 E-MAIL ADDRESS: kfau|k@gmail.com ATTORNEY FOR (name): Andres Lujan SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: 191 North First St. San Jose, CA 951 13 PIaintiff/Petitioner: Andres Lujan Defendant/Respondent: Mike's Used Cars, |nc., a corporation FOR COURT USE ONLY REQUEST FOR E Entry of Default E Clerk's Judgment (Application) E Court Judgment CASE NUMBER: 19CV348683 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): Jul 9, 2019 b. by (name): Andres Lujan c. E Enter defaultofdefendant(names): d. E | request a court judgment under Code of Civil Procedure sections 585(b), 585(0), 989, etc., against defendant (names): Mike's Used Cars, Inc., a corporation (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. E Enter clerk’s judgment (1) |:| for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.)E 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) E under Code of Civil Procedure section 585(3). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) E for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint ............. $ 18,974.00 $ $ 18,974.00 b. Statement of damages* (1) Special .................... $ $ $ (2) General .................... $ $ $ c. Interest ........................ $ $ $ d. Costs (see reverse) .............. $ 698.35 $ $ 698.35 e. Attorney fees ................... $ 6,290.00 $ $ 6,290.00 f. TOTALS ...................... $ 25,962.35 $ $ 25,962.35 g. Daily damages were demanded in complaint at the rate of: $ (* Personal injury or wrongful death actions; Code Civ. Proc., § 425. 1 1.) 3. |:| (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: December 16, 2020 per day beginning (date): KevinFaum b/Z)K (TYPE OR PRINT NAME) YSTGNATURE OF PLAINTFF OR A'I'I'ORNEY FOR PLAINTIFF) FOR COURT (1) |:| Default entered as requested on (date): USE ONLY (2) |:| Default NOT entered as requested (state reason): Clerk, by , Deputy page 1 on Form Adopted for Mandatory Use REQUEST FOR ENTRY 0F DEFAULT Code of Civil Procedure, §§ 585-587, 1169 Judicial Council of California ClV-100 [Rev. January 1, 2018] (Application to Enter Default) WWW.COU”S.CE. gOV FILED County of Santa Clara Superior Court of CA Clerk of The Court 19CV348683 By: DHarris 12/16/2020 12/16/2020X DHarris CIV-1 00 PIaintiff/Petitioner: I Andres Lujan, an individlual igsésg'gg‘w Defendant/Respondent: Mlke's Used Cars, |nc., a corporation 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant E did E 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. E Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(3)). This action a. E is E is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. E is E is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. E is E is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a- E not mailed to the following defendants. whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. E 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): December 16, 2020 (2) To (specify names and addresses shown on the envelopes): Mike's Used Cars, |nc., a corporation 8405 Monterey Rd. Ste. A, Gilroy, CA 95020 | declare under penalty of perjury under the laws of the State of California that t/he for ems 4, 5, and 6 are true and correct. Date: January 3, 2020 Kevin Faulk (TYPE OR PRINT NAME) (SIGNATURE 0F DECLARANT) 7. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees .................... $ 455.78 b. Process server's fees ................. $ 127.50 c. Other (specify): efiling fees $ 21 .07 d. Courtcall $ 94.00 e. TOTAL ............................. $ 698.35 f. I: Costs and disbursements are waived. g. | am the attorney, agent, or pany 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. | declare under penalty of perjury under the laws of the State of California that the is true and correct. Date: December 16, 2020 Kevin Faulk (TYPE 0R PR'NT NAME) (SIGNATURE 0F DECLARANT) 8. Declaration of nonmilitary status (required forajudgment). No defendant named in item 1c of the application is in the military service as that term is defined by eitherthe Servicemembers Civil Relief Act, 50 U.S.C. App. § 391 1(2), or California Military and Veterans Code section 400(b). | declare under penalty of perjury under the laws of the State of California that t/he for s true and correct. Date: December 16, 2020 Kevin Faulk (TYPE 0R PRINT NAME) (SIGNATURE 0F DECLARANT) cnv-1OOIRev.Januarv 1, 20181 REQUEST FOR ENTRY 0F DEFAULT ”9m” (Application to Enter Default)
