Declaration In Support

Cal. Super. - 6th Dist.July 11, 2019

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jeffrey H. Lowenthal (State Bar No. 111763) Elecuonically Filed Edward Egan Smith (State Bar No. 169792) by SUPerior court 0f CA, Jill K. Cohoe (State Bar No. 296844) County of Santa Clara, STEYER LOWENTHAL BOODROOKAS on 9/1 7/2020 11:46 AM ALVAREZ & SMITH LLP Reviewed By: S. Alvarez 235 Plne Street, 15}:h Flpor case #1 9cv351 203 San Franmsco, Cahfomla 94104 Envelope: 4949459 Telephone: (415) 421-3400 Facsimile: (415) 421-2234 E-mail: jlowenthal@steyerlaw.com esmith@steyerlaw.com jcohoe@steyerlaw.com Attorneys for Plaintiff Old Republic Title Company SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA OLD REPUBLIC TITLE COMPANY, Case N0. 19CV351203 Plaintiff, DECLARATION OF JILL K. COHOE IN V. SUPPORT OF REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT EMORY CHESTNUT, LLC, a California EMORY CHESTNUT, LLC limited liability company; and DOES 1 through 50, inclusive, Date: Time: Defendants. Dept: Action Filed: July 11, 2019 Trial Date: Not Assigned DECLARATION OF JILL K. COHOE IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT EMORY CHESTNUT, LLC 1829339 1- OLDR.EMORYCHESTNUT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Jill K. Cohoe, declare: 1. I am an attorney licensed t0 practice in the State 0f California and an associate at the law firm 0f Steyer Lowenthal Boodrookas Alvarez & Smith LLP, attorneys of record for plaintiff Old Republic Title Company (“Old Republic”). Iknow all 0f the facts set forth herein of my own knowledge unless stated otherwise, and if called and sworn as a Witness I could and would competently testify to the same. Imake this declaration in support of Old Republic’s request for default judgment against defendant Emory Chestnut, LLC (“Emory”). 2. As an attorney 0f record for Old Republic, I am personally familiar with the claims, pleadings, and records in this matter. 3. Old Republic filed its Complaint in this action 0n July 11, 2019. A true and correct copy 0f the Complaint is attached hereto as Exhibit 1. 4. Emory was served by substituted service on July 24, 2019 as reflected 0n the Proof 0f Service filed with the Court on August 15, 2019, a true and correct copy 0fWhich is attached hereto as Exhibit 2. 5. Emory never filed and served any responsive pleading. Accordingly, Old Republic filed a Request for Entry of Default against Emory, Which the clerk entered as requested on December 5, 2019. A true and correct copy 0f the Request for Entry of Default is attached hereto as Exhibit 3. 6. I calculated prejudgment interest 0n the $18,298.82 due and owing t0 ORTC as of June 1, 2020 as follows: Imultiplied $18,298.82 times the legal interest rate 0f 10%, Which equals $1,829.88 per year. Ithen divided the $1,829.88 per year by 365 days t0 get the daily rate 0f $5.01. Ithen multiplied the daily rate of $5.01 by 5 12 days, the number of days that have passed since April 23, 2019, the date 0f the $18,298.82 payment, through September 15, 2020, which totals $2,565. 12. 7. Old Republic also incurred recoverable costs totaling $450 in filing fees. \\\ \\\ \\\ 2 DECLARATION OF JILL K. COHOE IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT EMORY CHESTNUT, LLC 1829339. 1- OLDR.EMORYCHESTNUT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n September 16, 2020, at San Francisco, California. (yum Ji11 Kfiohoe 3 DECLARATION OF JILL K. COHOE IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT EMORY CHESTNUT, LLC 1829339 1- OLDR.EMORYCHESTNUT EXHIBIT 1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 Jeffrey H. Lowenthal (State Bar No. 111763) Edward Egan Smith (State Bar No. 169792) Cody T. Stroman (State Bar No. 303413) STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP 235 Pine Street, 15th Floor San Francisco, California 94104 Telephone: (415) 421-3400 Facsimile: (415) 421-2234 E-mail: jlowenthal@steyerlaw.com esmi th@steyerlaw.com cstroman@steyerlaw.com Attorneys for Plaintiff Old Republic Title Company SUPERIOR COURT OF THE ST ATE OF CALIFORNIA FOR THE COUNTY OF SANT A CLARA OLD REPUBLIC TITLE COMPANY, Plaintiff, V. EMORY CHESTNUT, LLC, a California 16 limited liability company; and DOES 1 through 50, inclusive, Defendants. Case No. COMPLAINT FOR DECLARATORY RELIEF, BREACH OF IMPLIED CONTRACT AND FRAUD/CONVERSION COMPLAINT FOR DECLARATORY RELIEF, BREACH OF IMPLIED CONTRACT AND FRAUD/CONVERSION 1722189.1 - OLDR.EMORYCHESTNUT E-FILED 7/11/2019 4:50 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV351203 Reviewed By: Yuet Lai 19CV351203 5 1 2 3 4 Plaintiff Old Republic Title Company ("Plaintiff') hereby alleges as follows: 1. Plaintiff is a California corporation authorized to do business and doing business in Santa Clara County. 2. Plaintiff is informed and believes that at all relevant times defendant Emory 5 Chestnut, LLC ("Emory") was and is a California limited liability company doing business in 6 Santa Clara County, California. 7 3. Plaintiff is further informed and believes that Emory Chestnut, LLC was the record 8 title holder of the certain real properties commonly known as 790 Chestnut St., San Jose, 9 California 95110 and 566-588 Emory Street, San Jose, California 95110 ( collectively, "Subject 10 Properties"). 11 17 20 25 4. Plaintiff is ignorant of the true names and capacities of defendants sued herein as 12 Does 1 through 50, inclusive, and therefore sues these defendants by such fictitious names. 13 Plaintiff will amend this complaint to allege defendants' true names and capacities after they are 14 ascertained. Plaintiff is informed and believes and thereon alleges that each of the fictitiously 15 named defendants is indebted to plaintiff as hereinafter alleged, and that Plaintiff's rights against 16 such fictitiously named defendants arise from such indebtedness. 5. 18 and employee of each other defendant and in doing the things herein alleged was acting within 19 the course and scope of such agency, representation and employment. 6. Plaintiff is informed and believes that each defendant is the agent, representative In or about 2018, Plaintiff opened its escrow no. 0616016354-SL (the "Subject 21 Escrow") for Emory's sale of the Subject Properties to pcrmark-emory, LLC ("Buyer"). Plaintiff 22 is informed and believes that defendants agreed and represented that all unpaid and delinquent 23 taxes or assessments against the Subject Property would be paid in full from the Subject Escrow 24 out of the sale proceeds at the close of escrow prior to any disbursement to defendants. 7. On or about August 14, 2018, pursuant to defendants' instructions, Plaintiff caused 26 the Subject Escrow to close, disbursing approximately $2,110,516.37 in net proceeds to 27 defendants and causing a policy of title insurance to be issued in favor of the Buyer, without 28 exception for any delinquent taxes. Due to an inadvertent error, however, defendants' 2017-2018 2 COMPLAINT FOR DECLARATORY RELIEF, BREACH OF IMPLIED CONTRACT AND FRAUD/CONVERSION 1722189.1 - OLDR.EMORYCHESTNUT 6 1 delinquent property taxes owing on the Subject Properties for 2017-2018 were not paid from the 2 sale proceeds prior to disbursement of the net proceeds to defendants. As a result, defendants 3 received excess proceeds to which defendants were not entitled. 4 5 obligation had not been paid and made a demand in writing to Emory and its managing member 6 George Bill Paplos that Emory remit a check to Plaintiff in an amount sufficient to pay the 7 obligation. When defendants failed to respond or return the excess proceeds, on or about April 8 23, 2019, Plaintiff paid $18,298.82 to the Santa Clara County Tax Collector's Office to satisfy 9 defendants' obligation for the delinquent taxes and accrued penalties in order to remove them as 10 an encumbrance against the Subject Properties and ensure Emory's Buyer received clear title as 11 agreed. 12 13 had not been paid off and knowing that they were not entitled to the full sum disbursed to them as 14 a result, defendants retained and used said funds, and despite Plaintiffs demand, failed to return 15 the mistakenly disbursed excess funds or otherwise satisfy their tax obligation. 16 17 18 19 8. In or around March 2019, Plaintiff became aware the defendants' delinquent tax 9. 10. Plaintiff is informed and believes that despite knowing that the delinquent taxes FIRST CAUSE OF ACTION (Declaratory Relief) (Against All Defendants) Plaintiff realleges and incorporates by reference all allegations in paragraphs 1 20 through 9, above, as if set forth fully herein. 21 11. An actual controversy has arisen and now exists between Plaintiff and defendants 22 in that Plaintiff contends and, Plaintiff is informed and believes defendants deny, that Plaintiff is 23 entitled to reimbursement of the funds it expended as a result of the excess funds erroneously 24 disbursed to defendants from the Subject Escrow, which funds should have been paid instead to 25 the Santa Clara County Tax Collector's Office to satisfy defendants' delinquent tax obligation 26 and alleged herein. 27 I I I 28 /// 3 COMPLAINT FOR DECLARATORY RELIEF, BREACH OF IMPLIED CONTRACT AND FRAUD/CONVERSION 1722189.1 -OLDR.EMORYCHESTNUT 7 12. Plaintiff desires a judicial determination of the respective rights and duties of 2 Plaintiff and defendants with respect to the excess funds erroneously disbursed. In particular, 3 Plaintiff desires a declaration that defendants are liable to Plaintiff in the amount of $18,298.82, 4 plus prejudgment and post-judgment interest at the legal rate from April 23, 2019, for the 5 amounts Plaintiff paid the Santa Clara County Tax Collector's Office to satisfy defendants' 6 delinquent tax obligations. 7 13. Such a declaration is necessary and appropriate at this time in order that Plaintiff 8 may ascertain its rights and duties with respect to the subject funds and the parties' claims. 9 WHEREFORE, Plaintiff prays for judgment as set forth below. 10 11 12 13 14. 14 through 13, above, as if set forth fully herein. 15 20 21 22 23 24 25 26 27 28 15. 16. SECOND CAUSE OF ACTION (Breach of Implied Contract) (Against All Defendants) Plaintiff realleges and incorporates by reference all allegations in paragraphs 1 Plaintiff is informed and believes that by their receipt and retention of the 16 erroneously disbursed excess funds as alleged herein, defendants impliedly agreed to hold said 17 funds for Plaintiffs sole benefit and return said funds to Plaintiff. Although Plaintiff has met all 18 obligations on its part to be performed, defendants have breached their duty to hold the funds for 19 Plaintiffs sole benefit and have failed and refused despite demand to return the funds to Plaintiff. As a proximate result of defendants' unjustified retention of the erroneously disbursed funds as alleged herein, Plaintiff has been damaged in the sum of $18,298.82, plus prejudgment and post-judgment interest at the legal rate from April 23, 2019, until paid. WHEREFORE, Plaintiff prays for judgment as set forth below. 17. THIRD CAUSE OF ACTION (Fraud/Conversion) (Against All Defendants) Plaintiff realleges and incorporates by reference all allegations in paragraphs 1 through 16, above, as if set forth fully herein. 4 COMPLAINT FOR DECLARATORY RELIEF, BREACH OF IMPLIED CONTRACT AND FRAUD/CONVERSION 1722189.1 - OLDR.EMOR YCHESTNUT 8 1 2 3 disbursed funds as alleged herein, defendants knew that they were not entitled to the funds but 4 failed to disclose and concealed this fact from Plaintiff. 5 6 the fact that they were not entitled to the funds and, thereafter continued to withhold said funds 7 after Plaintiffs discovery and demand for reimbursement as alleged herein, with the intent to 8 convert the money to their own use. 9 10 Plaintiff has been damaged in the sum of $18,298.82, together with prejudgment and post- 11 judgment interest at the legal rate from April 23, 2019, until paid. 12 13 forced to bring this action against other defendants, for which Plaintiff is entitled to recover its 14 attorneys' fees from defendants under the tort of another doctrine in an amount according to 15 proof. 16 18. Plaintiff is informed and believes that when defendants received the erroneously 19. Plaintiff is informed and believes that defendants failed to disclose and concealed 20. As a proximate result of defendants' conversion and the facts herein alleged, 21 24 21. 22. 1. 2. As a further proximate result of defendants' tortious actions, Plaintiff has been The conduct of defendants as alleged herein was and is tortious, malicious, 17 outrageous, oppressive, despicable, fraudulent, in bad faith, and in conscious and knowing 18 disregard of the rights of Plaintiff such as to entitle Plaintiff to an award of punitive damages 19 according to proof. 20 WHEREFORE Plaintiff prays judgment as follows: For a declaration that defendants are liable to Plaintiff for $18,298.82 as alleged 22 herein, together with prejudgment and post-judgment interest at the legal rate from April 23, 23 2019, until paid; For damages in the sum of $18,298.82, together with prejudgment and post- 25 judgment interest at the legal rate from April 23, 2019, until paid; 26 27 / / / 28 / / / 3. For punitive damages according to proof; 5 COMPLAINT FOR DECLARATORY RELIEF, BREACH OF IMPLIED CONTRACT AND FRAUD/CONVERSION 1722 I 89.1 - OLDR.EMORYCHESTNUT 9 4. For costs of suit incurred herein including reasonable attorneys' fees as permitted 2 by law; and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. For such other and further relief as the Court may deem just. Dated: July li_, 2019 STEYER LOWENTHAL BOODROOKAS AL V o/--1-& ~ITH LLP By: Z\]JV1 Jeffrey H. Lowenthal Edward Egan Smith Cody T. Stroman Attorneys for Plaintiff Old Republic Title Company 6 COMPLAINT FOR DECLARATORY RELIEF, BREACH OF IMPLIED CONTRACT AND FRAUD/CONVERSION 1722189.1 - OLDR.EMORYCHESTNUT 10 EXHIBIT 2 11 Electronically Filed 903.010 AEOSCJVEéf'PdR PEAgRgYnWlS'Flr-fiilia?q%R9N%‘é(éVeme, Stale Bar number, and address): cyo sxtpEfiméfliwfglOf CA, Steyer, Lowenthal, Boodrookas. Alvarez & Smith LLP u y o an a ara’ . on 8/15/2019 9:15AM 235 Pine Street, 15th Floor . _ San Francisco, CA'94104 Rev'ewed By' J' Duong TELEPHONE N0; (41 5)-421-3400 Case #1 9CV351 203 ATrORNEYFomNeme); Plaintiff Envelope. 3265316 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Superior Court. of California, Santa Clara County 191 N. First Street San Jose, CA 95,1 13-1090 PLAINTIFF/PETHIONER: Old Republic Title Company CASE NUMBER= DEFENDANT/RESPONDENT: Emory Chesmm. LLCu 9t a]. 190V851203 > I Ref. N0. 0r File No.2 PROOF 0F SERVICE 0F SUMMCNS OLDR'EmoryChes'tnut' BY FAX 1. At the time of service i was 'a Citizen of the United States, at least 18 years of age and not a party to this action. 2. lsewed conies of: Summons, Civil Case Cover Sheet, Complaint 3. a. Party sewed: Emory Chestnut, LLC, a California limited liability company b. Person Served: George Bill Paplos, Manager - Person Authorized to Accept Service of Process 4. Address where the party was served: 1.04 BrocaStle way 'Los Gatos, CA 95032 5. i served the party . b. by substituted service.- 0n (date): 07/24/2019 at (t5m9)16;40pM I left the documents listed in item-Z with or in the Pfe§ence 0f: JanC-Doe {cauc/f/BOy/lSOlb/S'l/bm hair) - Person 1n Charge Of Office _ , I (1) (busmess) a person at'lje'as ~18 years of'age apparentty m charge at the office or usuaI place of busmess of the, person to be'served. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. 6. The ”Notice to the Person Served" (on the summons) was completed as foliows: 'fiflbfiflggtnut, LLC, a California limited liability company under: Other: Limited Liability Company 7. PersOn who served papers a. Name: Adam Hochman b. Address: One Legai - 194-Marin 1400 North McDoweil Blvd, Ste 300 Petaluma, CA 94954 c. Telephone number: 415-491 ~0606 d. The fee forvser'vice was: $ 117.25 e. l am: (3) registered California proce\ss server. ' \ (i)- Employee orindepend'ent contractor. \‘ (ii? Reaistrafion No. P8171? (iii) County Santa Clara / // 8. I declare under penalty of perjury under the laws of the United States of America and the State o Caiifogaia thgt fore/going is true and correct /’p" Date: 07/30/2019 / Adam Hochman (NAME OF PERSON WHO SERVED PAPERS) (SIGNATURE) Form Adopted for Mandatory Use Code oi Civil Procedure. § 417.10 JudicialCouncilofCaiifomiaPOS-Ow PROOF OF SERV!CE OF SUMMONS[Row Jan 1, 2007} QL# 13485788 12 ATTORNEY OR PARTY WITHOUT ATI'ORNEY (Name andAddress): TELEPHONE No.2 FOR COURT USE ONLY Edward Egan Smith, 169792 (415) 421-3400 Steyer, Lowenthal, Boodrookas, Alvarez & Smith LLP 235 Pine Street San Francisco, CA 941 04 RefiNo. orFiieNo. ATrORNEY FOR (Name): Plaintiff OLDREmOWCheStnut Insert name of court, judiciai district or branch court. if any: Santa Clara - First Street 191 N. First Street San Jose, CA 951 13-1090 PLAINTIFF: Old Republic Title Company DEFENDANT: Emory Chestnut, LLC., et al. CASE NUMBER: PROOF 0F SERVICE BY MAIL 190v351203 BY FAX l am a citizen of the United States, over the age of 18 and not a party to the within action. My business address is 1400 N. McDoweil Blvd, Petaluma, CA 94954. On 07/30/2019, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1 )(B) was made (if applicable), | mailed copies of the: Summons, Civil Case Cover Sheet, Complaint to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Cfass postage thereon fully prepaid, in the United States Mai! at Los Angeles, California, addressed as follows: Emory Chestnut, LLC, a California limited liability company George Bill Paplos, Manager 104 Brocastle Way Los Gatos, CA 95032 I am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if posta! cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Feejor Service: $ 1 17.25 \ I declare under penaity of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct and that this declaration was executed on 07/30/2019 at Los Angeles, California. One Legal - 194-Marin 1400 North McDowell Blvd, Ste 300 f“ 1’,“W Petaluma, CA 94954 V y W» w Charlotte Hatzei 0L# 134857%8 EXHIBIT 3 14 ATToRNEYoRPARrywlrHourATToRNEY; srArEBARwo: II176'3/169792 NAME: Jeffrey H. Lowenthal / Edward Egan Smith FIRM NAI/E: Steyer LOwenthal BOodrookas Alvarez & Smith LLP srREErADDREss, 235 Pine Street, l5th FloOr crry: San FfanCiSCO srnre: Qd ztPaoDE:94104 rELEpHoNENo.: (415) 421-3400 rnxuo.' (415) 421-2234 E-r\TALADDRESS' esmith@SteyerlaW.COm ArroRNEy FoR (name): Plaintiff Old Republic Title Company SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREETADDRESs' 191 N. FirSt Street MAILING ADDRESS: clry AND zlP coDE: $gn JOSe, 95 I 1 3 BRANCH NAME: SAN I'A CLARA Plaintiff/Petitioner: OLD REPUBLIC TITLE COMPANY Defendant/Respondent: EMORy CHESTNUT. LLC. et al. FOR COURT USE ONLY ll-l entry of Default f-] clerk's JudgmentREQUEST FOR (Application) Court Judgment 19CV3s 1203 CASE NUMBER: Not for use in actions under the Fair Debt Buying Practices Act (Giv. Code, S 1788.50 et seq.) (see CIV-105) 1, TO THE CLERK: On the complaint or cross-complaint filed a. on(date): July 1I,2019 b. by (name):Old Republic Title Company c. ff,l Enter default of defendant (names): Emory Chestnut, LLC, a California limited liability company d, l-l I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): (Testimony required. Apply to the clerk for a heaing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., $ 585(d).) e. l-l Enter clerk's judgment (1) fl 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., S 1169.) l-l lnclude in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Righf fo Possessrbn was served in compliance with Code of Civil Procedure section 415.46. under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., $ 585.5 on the reverse (item 5).) for default previously entered on (date): 2. Judgment to be entered. a. Demand of complaint b. Statement of damages* (1) Special (2) General c. lnterest Amount Credits apKnowledged Balance d. Costs (see reverse) e. Attorneyfees,.... f . TOTALS S. Daily damages were demanded in complaint at the rate of: $ (* Personal injury orwrongful death actions; Code Civ. Proc., $ 425.11.) 3. (Check if filed in an unlawful detainer case.) Legal document assistant or detainer assistant information is on the (2) (3) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ per day beginning (dafe) reverse (complete item 4). Date:December A ,2019 Edward Eean Smith (ryPE OR PRINT NAME) REQUEST FOR ENTRY OF DEFAULT (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) Code of Civil Procedure, SS 585-587, 1 169 www.coutts.ca.gov Form Adopted tor Mandatory Use Judicial Councll of California FOR COURT USE ONLY (1) n Defaultentered as requested on (date): (2) f-f Default NOT entered as requested (state reason) Clerk, by DePUtY pase 1 ot i CIV-100 [Rev. January 1, 2018] (Application to Enter Default) LexisNexis@ Automated California Judicial Council Forms on 12/5/2019 9:34 AM Reviewed By: M Vu Envelope: 3731156 M Vu FILED County of Santa Clara Superior Court of CA Clerk of The Court 19CV351203 By: DHarris 12/05/2019 12/05/19X DHarris 15 ctv-l00 Plaintiff/Petitioner: Defendant/Respondent: OLD REPUBLIC TITLE COMPANY EMORY CHESTNUT, LLC, et al. CASE NUMBER: 19cv351203 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, S 6400 et seq.). A legal document assistant or unlawful detainer assistant l-l did lTl 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: c. Telephone no.: b, Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): S. ffl Declaration under Code Civ. Proc., S 585.5 (for entry of default under Code Civ. Proc., $ 585(a). This action a. l-l is [Tl is not on a contract or installment sale for goods or services subject to Civ. Code, S 1801 et seq. (Unruh Act). is lTl is not on a conditional sales contract subject to Civ. Code, S 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. l-l is lTl is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc,, S 395(b). 6. Declaration of mailing (Code Civ. Proc., S 587). A copy of this Request for Entry of Defaultwas a, l-l not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names): b, I 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): (2) To (specify names and addresses shown on the envelopes): December 5 ,Z}tg Emory Chestnut, LLC, aCalifornia limited liability company Attn: George Bill Paplos, Manager, 104 Brocastle Way, Los Gatos, CA 95032 I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date:December 5_, 2019 Alma M. Cahz (sTGNATURE oF oecr-n@1 b (TYPE OR PRINT NAME) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., $ 1033.5): a. Clerk's filing fees b. Process server's fees c. Other (specr'fy): TOTAL f-_l 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 memorandunr o[ 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: ) (ryPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8, Declaration of nonmilitary status (required for a judgmenf). 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. S 3911(2), or California Military and Veterans Code section 400(b). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correcl, Date: (SIGNATURE OF DECLARANT) d e f. $ $ $ $ $ CIV-100 [Rev. January 1,2018] (TYPE OR PRINT NAME) REQUEST FOR ENTRY OF DEFAULT PAgE?OI2 (Application to Enter Default) LexisNexis@ Automated cardbrnia Judiciar Council Forms16