NoticeCal. Super. - 6th Dist.April 15, 201910 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 Phillip Erkenbrack dba Court Services Unlimited P.O. Box 1202 San Jose, CA 95108 (408)277-6700 F I L E JUDGMENT DEBTOR IN PRO PER FEB 2 4 2020 Clerk of the Court Superior Cam at GA ebunty 69 §‘anta Clara BY ~39EPUTY RA SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA Nayeli Briseno CASE NO.: Patricia Briseno 20AP002640 Plaintifi‘, 19SC07841 1/1 9SC081301 NOTICE OF FILING PETITION FOR WRIT AND STAY WITH THE vs. CALIFORNIA 6TH DISTRICT COURT OF APPEALS Phillip Erkenbrack dba Court Services Unlimited Defendant. TO NAYELI BRISENO, PATRICIA BRISENO, THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA AND ALL INTERESTED PARTIES: 1. Please take notice that a Petition for writ and Stay were filed with the California Sixth District Court of Appeal" on February 24, 2020, for the case herein. 2. I have attached a filed copy stamped "received" for your review.(see back of last page) 3. On or about February 13, 2020, the defendant in this action contacted the 6th District Court of Appeals in an attempt to file the defendant's Petition for writ and Stay concerning this case. The defendant was informed that the proper court to file said writ and stay was the NOTICE OF FILING PETITION FOR WRIT AND NOTICE OF STAY WITH THE CALIFORNIA 6TH DISTRICT COURT OF APPEALS PAGE l OF 2 10 11 12 l3 14 15 16 17 18 19 21 22 23 24 25 with the Superior Court of California, County of Santa Clara, located at 191 North First Street, San Jose, CA 951 l3 4. On or about February l3, 2020, the defendant contacted the court located at said address, who verified with the defendant that the court at this address, was the correct court to file the Writ and Stay for the case herein. 5. On Tuesday, February l8, 2020, the defendant did in fact file the Petition for writ and stay with the court located at 191 North First Street, San Jose, CA 951 13. 6. On Friday, February 21, 2020, the presiding Judge located at 191 North First Street, issued an order dismissing the defendant's writ and stay on the ground that it was filed at the wrong court. 7. On Monday February 24, 2020, the defendant after being informed of the Court's order dismissing the writ and stay, went over to the 6th District Court of Appeal and presented the wri1 and Stay for filing to the clerks at the 6th district court of appeals. The clerk refuséd to file the Petition for writ and stay, again stating that the Superior Court located in the County of Santa Clara, was the proper court to file said Writ and Stay. The defendant then showed clerks the lower court's order stating that the writ and stay were dismissed as they were filed in the wrong court. The Clerks at the 6th district court of appeals then stated that they would submit all the paperwork to the Judge and an order would be issued concerning which court was the proper court in which said writ and stay were to be filed in. Dated: 7/?4 [209:3 % Phillip Erkenbrack dba Court Services Unlimited JUDGMENT DEBTOR IN PRO PER NOTICE OF FILING PETITXON FOR WRIT AND NOTICE OF STAY WITH THE CALIFORNIA 6TH DISTRICT COURT OF APPEALS PAGE 2 OF 2 SC-300 Petition forwnt (Small Claims) Phillip Erkenbrack dba Court Services Unlimited Potltloner MhIhoname ofmoporsonuldngformmo V. Superior Court of Califomla, County of 55mg gag dorkw.Mh 0n nunborbolow: ta.Superior Court of California, County ofSan Clara Appoum DM’lon N b." Respondent (Min monamo oftho court whose acfionorruflngyouara cholangbIg) Nayell Brlseno and Pah-lda Nayeli Real Party In Interest E say “queued (Min tho name ofanyothorparflesln tho Malcouncaso) (see item ® c. anpage 0 Instructions ' This formisonlyforrequufingawritinasmallclaims casewhichdoesnotrelateto anacfionenforcingmesmall claims judgment. Do not use this form for me appeal or uial dc novo of a small claims matter or for writs on me appeal ofa small claims matter. Other forms or pleadings should be used for those those ldnds ofactions. ' For requufing a writ relating to a court action regarding enforcement of a small claims judgment, you should use form APP-IS 1, Petitionfor Writ Misdemeanor, Infiaction, or Limited Civil Case). You can get that form and omer forms for omer writs and for appeals at any courfiouse or county law library or online at www.coum.ca.govform. o Before you fill out mis form, read Information on Writ Proceeding in Small Claim: Case! (form SC-SOO-WFO) to know your rights and responsibilifies. You can get form SC-300-WFO at any commons: or county law library or online at www.cowtv.ca.govfl'onns. - Generally, you should file this form no later than 30 days afier the date the small claims count took me action or issued the ruling you are challenging in this pefition (seq form SC-300-INFO for more information about the deadl'me for filing a writ petition). It is your responsibility to find out if a special statute sew an earlier deadline. Ifyour peu'u'on is filed late, the appellate division may deny it. o Fill out this form and make a copy ofthe completed form for your records and for me small claims oomt whose action or ruling you are challeng’ng (called the mpondent) and each ofthe other party or pufies in me small cla'nns case (called real party in intuut). - Serve a copy ofthe completed form on the small claims court and serve a copy ofthe form and a copy ofform SC-300-1NFO on each real party in interest and keep proofof this service. PraafofService (Appellate Division) (form APP-109) can be used to make this record. You can get information about how to serve court papers and proof of service fi'om What L7 ProofofService? (form APP-109-DIFO) and on the California Coum Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm. - Take or mail the completed form and your proof of service to the clerk’s ofice for ma appellate division ofme court that took the action or issued the ruling you are challenging. WM“°"°“"“mm Petition for Writ 304°“ "'9'”S nu. u-un 1a. mo.cum: roanmwammumm .(small Claims) Appellati Dlvlslon Case Name: Appéfifipflfllfwgugvlw The Parties In thé Small Claims Court Case ® I/My client (check andfill in a or b): a. E was a party in the case idenfified in®. . b. D was not a party in the case idenu'ficd in® but will be directly and negafively afi'ected in me following way by the action taken or ruling made by the small claims comt (describe howWow client will be directly and negatively aflected by the small claims court's action or ruling): ® The other party or parfies in the case identified in® was/werc ml! in the names oftheparties): 1 l . .E . l . Appeals or Other Petitions for Writs In Thls Case Did you or anyone else file an appeal about the same small claims court action or ruling you are challenging in this pefition? (Check andfill in a or b): a. D No b. E Yes fill in the date the appeal/new trial is setfar): 1/17/2020 ® Have you filed a previous petifion for a writ challenging this action or ruling? (Check andfill in a or b): a. E No b, D Yes Gleaseprovide thefollowing information about thispreviouspetition). (l) Petition title mll in the title ofthepetition): (2) Date petifion filed 0511 in the dateyoufiled thispetition): (3) Case number 0711 in the case number qfthepetifion): [fyoWour clientfiled more than oneprevious petition, attach anotherpagepraviding this Womationfor each additionalpetition. At the top ofeachpage, write “SC-300, item 9. ") Reasons for This Petition 0 The small claims court made the following legal error or errors when it took the action or made me ruling described in@ (check andfill in at least one): a. E The small claims court has not done or has refused to do something that the law says it must do. (1) Describe whatyou believe the law says the small claims court must do:Wuh- " . . . V, n ° . ........ . . ..._. ~... ... .. ... ...._. -u-...._....,‘~-. I.... (2) Identifii the law (the section ofthe Constitution or statute, published court decision, or other legal authorio’) that says the small claims court must do this:M4) “mum Petition for Writ ‘ 864'”- Pw- 3W (Small Claims) -9 Apponaaé Divisioncm Name: ApfifigitB-Dfséfisérgmm (confinued) c. U The small claims court has performed or said it is going to perform a judicial function (like deciding a person’s rights undpr law in a particular situation) in a way the court dam not have the legal power to do. (l) Describe what the small claims court did or said it is going ta do: (2) Identify the law (the section ofthe Constitution or statute, published court decision. or otha' legal authority) that says the small claims court does not have thepower to do this: (3) Identifi the supporting documents (the dacumentwfi-om the small claims case) that shows that the court did or said it was going to do this: (4) [fsomething was said at the small claims court that is relevant toyour requestfor a writ, provide afair summary ofwhat was said byyou and others, including the court (other than whatyou described above), that is relevant toyour requestfor writ. U Check here ifyou need more space to describe this reasonforyourpetition and attach aswampage orpages describing it. At the tap ofeach page, write "SC-300, item 10c. " d. U Check here {fthere are mare reasonsfor thispetition and attach an additionalpage orpages describing these reasons. At the top ofeach page, write "SC-300, item 10d. " ® This petition will be granted only ifthere is no other adequate way to address the small claims court’s action orruling other than by issuing the requested writ. a. Ewlain why there is no way other than through this petitionfor a writ-through an appeal,for exampIe-for your arguments to be adequatelypresented to the appellate division: ‘uu. . u. .on-y: I II I II .. I u C HII-I I I” b. Emlain howyowjzour client will be irreparably harmed ifthe appellate division does not issue the writyau are l. IO ' O N cl. .l I: OI. I I11“ I ‘1 ‘ 5:5 m.m1s.mo Petition for Writ 1 30-300. Page 5 of 7 (Small Claims) "9 fw ' 1 Appollatolmvjsflon Case Name: Appwwlxsmgvgfi Are the followin'g documents attached as required by rule 8.972(b)(1) (Check a or b): - The small claims court ruling being challenged in this petition ° All documents and exhibits submitted to the small claims court suppom'ng and opposing you/your client’s posiu'on ' ° Any other documents or portions ofdocuments submitted to the small claims court mat are necessary for a complete understanding of the case and the ruling being challenged? Supporting Documents \ i a. E Yes, these documents are attached. b. E No, these documcnm arc not attached for the following reasons (explain why these document: are not attached and give afair summary ofwhat is in these documents. Note that rule 8.972provider that, in extraordinary circumstances, thepetition may befiled without these documents, but thepetitioner must explain the urgency and the circumstances making the documents unavailable): II‘wn: .n I:II9:;I‘I' Number ofpages mhed to this form, ifany: Io Date: D Lawyer's nameWW) Lawyer's signature I declare under penalty ofpcxjury under the laws ofthe State of California that the information above and on any amhed pages providing further responses to the quesfions above is true and correct. Date: 2/17/2020 _P}Iillin Erkenbrack } / Type orprintpefifioner's name PetitionerWgnaW M.m 1s.2m petmon for writ scam. Page 1 of7 (Small Claims) Nun. mamm: o4 ooun SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 Nodh First Street San José. California 951 13 SGflO SMALL CLAIMS CASE NO.: 1986078411 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. If you lost the case. and the court ordered you to pay money. your wages, money, and property may be taken without further wamlng from the court. Read the back of this shoot for Important lnformaflon about your rights. AVISO A TODOS LOS DEMANDANTES YDEMANDADOS: Su caso ha sldo resuelto por Ia corte para reclamos Judlclales menores. SI Ia corte ha decldldo en su contra y ha ordenado que usted pague dlnero. Ie pueden quitar su salarlo, su dlnero. y otras cosas dc su propiedad, sln avlso adlclonal por parts do esta com. Lea el reverse do est. formularlo para obtener lnformaclén do lmportancia acorca de sus derechos. PLNNTIFFIDEMANDANI’E (Nun.mmWWWOIHM}: Nayell Brlseno 723 Menker Avenue #2 SAN JOSE CA 95128 Tdophom No: Patricia Brlseno 723 Menker Avenue #2 SAN JOSE CA 95128 1mm No. D See attached sheet for additional plaintiffs and defendants NOTICE OF ENTRY OF JUDGMENTHearing officer: Jillian Laxton Judgment was entered as checked below on 10/1 1/2019 1. E mmmmmowo- (Mm,momma.wmwum Phillip Erkenbrack 255 N Market Street Suite 130 SAN JOSE CA 95110 Court Services Unllmlted Tum No.: Homo: 415-254-88fi Tm m. Date of Hearing: October 08. 2019 Defendant (name, if more than one): Phillip Erkenbrack shall pay plaintiff (name, if more than one): Nayeli Briseno: Patricia Brlseno $385.00 principal and: $1 15.00 costs on plaintiff's claim for a total Judgment of: $500.00 $ principal and:$ 99'.“ Payments are to be made at the rate of: $ (specify day): balance may become due immediately. Dismissed in court D with prejudice. Other (specify): Defendant does not owe plainflfi any money on plaintiff's claim. Plaintiff (name, if more than one): Nayeli Briseno; Patricia Briseno shall pay defendant (name, ifmore than one):Phillip Erkenbrack costs on defendant's claim. Plaintiff does not owe defendant any money on defendant's claim Possession of the following property ls awarded to plaintiff (describe property): per (specify period): day of each month thereafter until paid in full. If any payment ls missed. the entire beginning on (date. U without prejudice Attomey-Cllent Fee Dispute (Attachment to Notice of Entry ofJudgment) (form SC-1 32) is attached. DUDE BUD DD ‘99.“ debtofs operation ofa motor vehicle. This judgment results from a motor vehicle accident Ion a California highway and was caused by the judgment If the judgment is not paid, thejudgment creditor may applyto have the judgment debtor's driver's license suspended. 11 . Enforcement of the judgment is automafimlly postponed for 30 days or. if an appeal is filed. until the appeal ls decided. 12. D This nofice was personally delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-I certify that I am not a party to this action. This Notice of Entry ofJudgment was mailed first class. postage prepaid. in a sealed envelope to the parties at the addresses shown above. The maillng and thls certificafion occurred at the place and on the date shown below. ; Place of mailing: San Jose. Califomla Date of mailing: 10/1 1/201 9 Clerk, by Mark Rosales andon the - DOWN The county provides small claims adviser services free of charge. Read tho information shoot on tho rovom. J mmmmmmWWMW wmolmvuytzow] NOTICEOF ENTRY OF JUDGMENT (Small Claims) 00¢.dOIW 116.010Maw SC-130 INFORMA'HON AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been declded. The Judgment or decision of the court appears on the fmnt of this sheet. The court may have ordered one party to pay money to the other party. The person (or businxs) who won the case and who can collect the money is called the judgment creditor. The person (or business) who lost the case and who owes the money is called thejudgment debtor. Enforcement of the judgment is postpo creditor cannot collect any money or taMent- IF YOU LOST THE CASE . . . 1. If you lost the ease on your own claim and the court dld not award you any money. the court's decision on your dalm ls FINAL. You may not appeal your own claim. 2. If you lost the ease and the court owered you to pay money. your money and property may be taken to pay the claim unless you do one of the following things: a. PAY THE JUDGMENT The law requires you to pay the amount of the judgment. You may pay the judgment credltor dlrecfly. or pay the judgment to the court for an addluonal fee. You may also ask the court to order monthly payments you can afford. Ask the clerk for Information about these procedures. ned until the time for appeal ends or until the appeal is decided. This means that thejudgment ke any action until this petiod ls over. Generally. both parties may be represented by lawyers b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If your claim was for possession of property. ask the Judgment debmr to return the property to you. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS If the judgment debtor does not pay the money. me law requires the debtor to fill out a form called the Judgment Debtor's Statement ofAssets (form 86-133). This form wlll tell you what property the Judgment debtor has that may be available to pay your daim. If the judgment debtor Mllfully fails to send you the completed fonn. you may file an Application and Order to Produce Statement o!Assets and lo b. APPEAL If you disagree with the court's decision. you may appeal the Appear for Examination (form 80-134) and ask the court to decision on the other party's claim. You may not appeal the give you your attorneys fees and ewes and othe! decision on your own claim. However. If any party appeals. appropriate relief. after proper notice. under Code of CMI there will be a new trial on all the dalms. If you appeared at Procedure section 708.170. the trial. you must begin your appeal by fillng a form called a Notice of Appeal (form SC-140) and pay the required fees . ORDER OF EXAMINA‘HON within 30 days afler the date this Notice of Entry of You may also make the debtor come to court to answer Judgmentwas mailed or handed to you. Your appeal will be questions about income and property. To do Ihls. ask the In the Supeflor court. You wlll have a new trial and you must dark for an Application and Order for Appearance and present your evidence agaln. You may be represented by a Examination (Enforcement of Judgment) (form EJ-1 25) and lawyer. pay the required fee. There ls a fee If a law officer serves the c. VACATE OR CANCEL THE JUDGMENT order on the judgment debtor. You may also ohmin Ihe If you did not go to the trial. you may ask the court to vacate judgment debtors flnandal records. Ask me deck for the Small or cancel the judgment. To make this request. you must file Claims Subpoena and Declaration (form 80-107) or CMI a Marlon to Vacate the Judgment (form SC-1 35) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days after the date this Notice of Entry of Judgment was mailed. If your request is denied. you then . WRIT OF EXECUTION have 10 days from the date the notice of denial was mailed Afler you find out about the judgment debtors property. you to file an appeal. The period to flle the Motion to Vacate the may ask the court for a Writ of Exacuflon (form EJ-1 30) and Judgment ls 180 days if you were no! properly served with pay the required fee. A writ of executlon ls a com paper that the claim. The 180-day period beglns on the date you found tells a law officer to take property of the judgment debtor to out or should have found out about the Judgment against pay your clalm. Here are some examples of the kinds of you. - property the officer may be able to take: wages. bank account, automobile, buslnoss property, or rental Income. 'F YOU WON THE CASE ~ - - For some kinds of property. you may need to file other forms. 1. If you were sued by the other party and you won the case. then the other party may not appeal the court‘s decision. 2. If you won the ease and the court awatded you money. here are some steps you may take to collect your money or get possesslon of your property: a. COLLECTING FEES AND INTEREST Sometlmes fees are charged for filing court papers or for serving the judgment debtor. These extra ooss an become part of your original judgment. To claim these fees. ask the clerk for a Memorandum of Costs. See the law ofilcer for Information. ABSTRACT OF JUDGMENT The Judgment debtor may own land or a house or other buildings. You may want to put a llen on the pmpefly so that you will be paid If the property ls sold. You can get a [Ian by filing an Abstract of Judgment (form EJ-OO1) with the county recorder In the county where the pmpeny ls located. The recorder will charge a fee for the Abstract ofJudgment. NOTICE TO THE PARTY WHO WON: As soon as you have been paid In full. you must flll out the form below and mail it to the court Immediately or you will be fined. If an Abstract of Judgment has been recorded. you must use another form: see the detk for the proper form. SMALL CLAIMS NO.: 1986078411 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use (his form ifan Abstract ofJudgmen! has been recorded.) To tho Clerk of the Conn: l am theD Judgment creditor D assignee of record. I agree that the judgment In lhls action has been paid In fuIl or otherwise satisfied. Date: _-_-_-_---------- (TYPEORPRINTNAME) I (aGNATURE) $1”MM! 1.N1m NOTICE OF ENTRY OF JUDGMENT (Small Claims) SMALL CLAIMS JUDGMENT Case Number: ‘ MYQ ll Case Name: ' f. * Date of Hearing/Time: ID AW(1M 8nd” ar-s WW me i‘x Wawuwpu Md m Wmmtm °'\ M 0m: - g V JUDGMENT PLAINTtFF DEFENDANT AWARD - 5. 386' .‘b g COSTS g \\ 6.” g TOTAL § 5 0‘“ § PLAINTIFF TAKES NOTHING: (re: Plaintiffs Claim) DEFENDANT TAKES NOTHING: (re: Defendant’s Claim) DATED: 59‘ \fi‘ufl SIGNATURE: §?th L: GE/Commissioner/Pro Tem Copyright kpulner .~ .t‘ “1.x: ‘.. Plaintiff's CIaim and ORDER to Go to Small Ciaims Court, s‘c-1oo Notice to the person being sued: ' You are the defendant ifyour name is listed in on page 2 of this fon'n. The person suing you is the plaintiff, listed in on page 2. ' You and the plaintiff must go to court on the tri‘al date listed below. lfyou do not go to court. you may lose the case. ' lfyou lose, the court can order that your wages, money, or property be taken to pay this claim. ' Bring witnesses. receipts, and any evidence you need to prove your case. ' Read this form and all pages attached to understand the claim against you and to protect your rights. Aviso al Demandado: ' Usted es el Demandado si su nombre figura en® de la pégina 2 de este formulario. La persona que lo demanda es el Demandante, la que figura en ® dc la pa'gina 2. ° Usted y e1 Demandante tienen que presentarse en la corte en la fecha del juicio indicada a continuacién. Si no se presenta, puede perder el caso. ' Si pierde el caso [a cone podn'a ordenar que Ie quiten de su sueldo, dinero u otros bienes para pagar este reclamo. ' Lleve testigos, recibos y cualquier otra prueba que necesite para probar su caso. Clerk stamps date here when form is fled. f"??? DAPR 1 5 2019 memmm BY Fill In court name and street address: Superior Court of California, County of Sanm Clara 191 N. First Street San Jose, CA 951 13 Small Claims Court fills In case number when fonn is flied. Case Number: 1980078411 Case Name: Briseno vs. Erbnbnck ' Lea este formulario y todas las p‘éginas adj untas para entender la demanda en su contra y para proteger sus derechos. Order to’ Go to Court The peeple in© and ® must go to court: (Clerkfills om section helm.) '9 Date Time Department Trial ,- Liflgflhq %'%D£\m ‘5 2. Name and address of court, if different from above 3 Instructions for the person suing: - You are the plaintiff. The person you are suing is the defendant. Date: AER 1 E gglg Clerk, by A GBANADQS , Deputy - Before you fill out this fon'n, read form SC-lOO-INFO, Informalionfor the Plainnfl to know your rights. Get SC- l OO-INF0 at any courthouse or county law library. or go to www.courts.ca.gav/smallclaims[forms. o Fill out pages 2 and 3 ofthis form. Then make copies of all pages of this form. (Make one copy for each party hamed in this case and an extra copy for yourself.) Take or mail the original and these copiw to the court clerk’s ofi'lce and pay the filing fee. The clerk will write the date ofyour trial in the box above. - You must have someone at least 18-not you or anyone else listed in this case-give each defendant a court-stamped copy ofall five pages ofthis form and any pagac this form tells you to attach. There are special rules for “serving,” or delivering, this form to public entities, associations. and some businesses. See forms SC-104. SC-104B, and SC-IO4C - Go to court on your trial date listed above. Bring witnesses. receipts, and any evidence you need to prove your case. Plaintiff's Ciaim and ORDER to Go to Small Claims Court (Small Claims) Judd! Come! d Mania. www.mugovRmme 1. 2017.Mm Faun cmdcmnmdum. 55 116.110u m. Homa. 1 16.34019) 80-100, Page 1 of 5 .9 Plaintiff (lisl names): Case Nu b . NayeliBriseno “i gs c 0 7 8 4 1 1 Pagricia Briseno G) The plaintiff (the person, business, or public entity that is suing) is: Name: Nayeli Briseno Phone: (408) 512-7792 Street address: 723 Menker Avenue #2 San Jose CA 95128 Street ’ City State 21p Mailing address (ij'difi‘ez'enrj.' Street City State Zip If more than one plaintiff, list next pIaintiff here: Name: Patricia Briseno Phone: Street address: 723 Menker Avenue #2 San Jose CA 95128 Street City State Zip Mailing address (ifdiflerenr): Street City State Zip D Check here ifmore than two plaintzfls' and atlachform SC-l 00A. D Check here ifez’therplainrifllisred above is doing business under afictilious name. Ifso, aflachform SC-103. D Check here ifanyplaintiffs a "licensee " Ior “deferred deposit originator " (payday lender) under Financial Code sections 23000 et seq. ® The defendant(the person, business, or public entity being sued) is: Name: Phillip Erkenbrack DBA Court Services Unlimited Phone: (415) 254-8§_23 Street address: 255 N. Market Street, Suite 130 San Jose CA 951 10 Street City State le Mailing address (ifdiflerenr): Street City Stale le If the defendant is a corporation, limited liability company, or public entity, list the person or agent authorized for service of process here: ame: 69 Job title, ifknown: Owner A dre552 San Jose CA 95110 Street City State Zip V D Check here Ifyour case is against more than one defendant. and attachform SC-IOOA. D Check here lfany defendant is on active militant! duty. and write his or her name here: ® The plaintiff claims the defendant owes $ 425.00 . rarpzam below).- a. Why does the defendant owe the plaintiff money? I paid for a service to be completed and defendant charged me but never completed thejob nor did he comply with any servicw that I had paid for. Defendant also did no provide me with my documents he smed he did. When did this happen? (Dare): 08/23/2018 b. 1fno specific date, give the time period: Dale starred: Ihrough: c. How did you calculate the money owed to you? (Do no! include court costs orfeesfor service.) I have receipts ofthe money I paid Phillip Erkenbrack for service. D Check here ifyou need more space. Alrach one sheer ofpaper orform MC-03] and write “SC-100, Item 3 " a! the top. “mmm" Plaintiff’s Claim and ORDER to Go to Small Claims Court 5C4”, ”9° 23‘; (Small Claims) Case Number: Plaintiff (It‘s! names): NayeliBriseno 195607841 1 Patricia Briseno You must ask the defendant (in person, in writing, or by phone) to pay you before you sue. If your claim is for possession of property, you must ask the defendant to give you the property. Have you done this? E Yes U No If no, explain why not: D Demand to pay afier numerous attempts by phone and m person. Why are you filing your claim at this courthouse? This courthouse covers the area (check the one that applies): a. E (l) Where the defendant livms or does business. (4) Where a contract (written or Spoken) was made, (2) Where the plaintiff‘s property was damaged. signed. performed, or broken by the defendant or (3) Where the plaintiffwas injured. where the defendant lived or did business when the defendant made the contract. b. D Where the buyer or lessee signed the contract. livw now, or lived when the contract was made, if this claim,1 is about an ofi‘er or contract for personal, family. or household goods, services, or loans. (Code (iv. Proc., § 3937b).) c. D Where the buyer signed the contract. lives now. or lived when the contract was made, ifthis claim is about a retail installment contract (like a credit card). ('Civ Code. § 1812. 10.) d. D Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. (Civ Code, § 2984.4.) e. D Other (specifil): ® List the zip code of the place checked in© above (Ifymzknmv): 951 lo ls your claim about an attomey~ciient fee dispute? D Yes E No lfyes, and ifyau have had arbitration, fill ourform SC-IOI. attach it Io thisform. and check here: D Are you suing a public entity? D Yes E No lfyes, you muslfile a written claim with (he enfityfirsr. D A claim was filed on (date): Iflhe public entity denies your claim or does nor answer within the lime allowed by law, you canfile thisform. Have you fited more than 12 other small claims within the last 12 months {California'P D Yes E No Ifyes. rhefilingfeefor this easy will be higher. ‘ ® ls your claim for more than $2,500? JE Yes Q’No [fives 1 have notfiled. and understand that I cannolfile. more Ihan Iwa small claims casesfor mare than $2,500 in California during this calendaryear. l understand that by filing a claim in sman claims court, l have no right to appeal this claim. l declare, under penalty of perjury under California State law. that the information above and on any attachments to this form is true and correct. . Date:O4/15/2019 Nayen Bn'seno } U(M/kAW Plaintifliypes or prints name here 0 Plainn'fi’signs here Date: 04/15/2019 Patricia Briseno }¥Q;\T\(AU\ b‘fl5M0 Secondplaintiflgzpes or prints name here Secondplaintiflsigns here Requests for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available ifyou ask at least five days before the trial. Contact the clerk’s office for form MC-410, Requestfor Accommodations by Persons With Disabilities and Response. (Civ. Code. § 54.8.) “W‘W‘- 2°" Plaintiff’s Claim and ORDER to Go to Small Claims Court 30-10% P8993 0'5 (Small Claims) _> S‘C-1-00 Information for the defendant (the person being sued) "Sinai! claims court" is a special court where claims for $10,000 or less are decided.’ Individuals, including "natural persons" and sole proprietors, may claim up to $10,000. Corporations. partnerships, public entities. and other businesses are limited to claims of $5.000. (See below for exceptions.') The process is quick and cheap. The rules are simple and informal. You are the defendant-the person being sued. The person who is suing you is the plaintiff. Do i need a lawyer? You may talk to a lawyer before or after the case. But you may not have a lawyer represent you in court (unless this is an appeal from a small claims case). How do I get ready for court? You don't have to file any papers before your trial, unless you think this is the wrong court for your case. But bring to your trial any witnesses. receipts. and evidence that supports your case. And read ‘Be Prepared for Your Tn'al" at www.courts.ca.gov/smellclaims/prepare. ' What if! need an accommodation? Ifyou have a disability or are hearing impaired. fill out form MC-410. Request for Accommodations. Give the form to your court clerk or the ADAI Access Coordinator. What if I don’t speak English well? Ask the court clerk as soon as possible if your court has a court-provided interpreter available and how to request one. A court-provided interpreter may not be available. Alternatively. you may bring an adult who is not a witness or an attorney to interpret for you or ask the court for a list of interpreters for hire. Where can l get the court forms I need? Go to any courthouse or your county law library, or pn‘nt forms at www. courts.ca.gov/smallclaims/Tonns. What happens at the trial? Thejudge will listen to both sides. The judge may make a decision at your tn'al or mail the decision to you later. What if I lose the case? If you lose. you may appeal. You'll have to pay a fee. (Plaintiffs cannot appeal their own claims.) . If you were at the trial. file form SC-140. Notice oprpeaI. You must file within 30 days after the clerk hands or mails you the judge's decision (judgment) on form 80-200 or form SC-130. Notice ofEntly of Judgment. . If you were not at the tn‘al. fill out and file form 80-135. Notice of Motion to Vacate Judgment and Declaration, to ask thejudge to mncel the judgment (decision). If the judge does not give you a new tn'al, you have 1O days to appeal the decision. File form SC-140. For more infomation on appeals, see www.courts.ca.gov/ smallclaims/appeals. Do l have options? Yes. If you are being sued. you can: - Settle your case before the trial. Ifyou and the plaintiff agree on how to sewe the case, the plaintiff must file form CIV-1 1 0, Request for Dismissal, with the clam. Ask the Smal! Claims Advisor for help. . Prove this is the wrong court. Send a Ietterto the court before your trial explaining why you think this is the wrong court. Ask the court to dismiss the claim. You must serve (give) a copy of your letter (by mail or in person) to all patties. (Your letter to . the court must say you have done so.) , - Go to the trial and try to win your case. Bring witnesses, receipts, and any evidence you need to prove your case. To have the court order a witness to go to the vial. fill out form SC-107 (Small Claims Subpoena) and have it served on the witness. - Sue the person who is suing you. Ifyou have a claim against the plaintiff, and the claim is appropriate for small claims court as described on this form. you may file Defendant's Claim (form SC-1 20) and bring me claim in this action. If your claim is for more than allowed in small claims court, you may still file it in small claims court if you give up the amount over the small claims value amount. or you may file a claim for the ful| value of l me claim in the appropriate court. If your claim is for more than allowed in small claims court and relates to the same contract, transaction. matter, or event that is the subject of the plaintiff's claim. you may file your ciaim in the appropriate court and file a motion to transfer the plaintiffs 's claim to that court to resolve both matters together. You can see a descripfion of the amounts allowed in the paragraph above titled “Small Claims Court.” - Agree with the piaintiff's claim and pay the money. Or, if you can’t pay the money now. go to your trial and say you want to make payments. - Let the case "default." If you don't settle and do not go to the trial (default), the judge may give the plaintiff what he or she is asking for plus court costs. If this happens. the plaintiff wan legally take your money, wages. and property to pay me judgment. What if I need more time? You can change the trial date if. . You wnnot go to court on the scheduled date (you will have to pay a fee to postpone the trial). or . You did not get sewed (receive this order to go to court) at least 15 days before the tn'al (or 20 days if you live outside the county). or . You need more time to get an interpreter. One postponement is allowed. and you will not have to pay a fee to delay the trial. Ask the Small Claims Clerk about the rules and fees for postponing a trial. 0r fill out form 80-150 (or write a letter) and mail it to the court and to all other people listed on your court papers before the deadline. Enclose a check for your court fees. unless a fee waiver was granted. Need help? Your county's Small Claims Adviser can help for ma. Or go to www.couns.ca.gov/smallclaims/advisor. ‘ Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116220(c).) "mmm" Plaintiff's Claim and ORDER to Go to Small Claims Court 86-100, Page 4 of 5-> (Small Claims) SC-100 Informacién para el demandado (la persona demandada) La *Corte de reciamos menores” es una corte especial donde se deciden casos por $10,000 o menos. Los individuos. o sea las 'personas fisicas' y Ios propietarios por cuenta propia. puedgn reclamar haste $10,000. Las corporaciones. asociaciones. entidades pablicas y otras empresas solo pueden reclamar haste $5.000. (Vea abajo para las excepciones.') El proceso es rapido y barato. Las raglas son senciilas e informales. Usted es el Demandado-la persona que se esté demandando. La persona que lo esta ’ demandando es el Demandante. LNeceslto un abogado? Puede hablar con un abogado antes o después del caso. Pero no puede tener a un abogado qua Io represents ante Ia corte (a menos que se trate de una apelacién de un caso de reclamos menores). a_Cémo me prepare para ir a Ia corte? No tiene que presenter ningunos papeles antes del juicio. a menos que piense que ésta es Ia aorta equivocada para su caso. Pero lleve aijulcio cualquier testigos. recibos y pruebas que apoyan su caso. Y lea ‘Esté preparado para su juicio" en www.courts.ca.gov/reclamosmenowslpreparese. ¢Qué hago sl necesito una adaptaclén? SI tiene una discapacldad o tiene impedimentos de audicidn. Ilene el formulario MC-410, Request for Accomodafions. Entregue el formulan'o al secretario de la cone o al Coordinador de Acceso/ADA de su corte. (,Qué pasa si no hablo bien Inglés? Pregt’mtele al secretario de Ia sorta Io mas pronto posible si en el juzgado habré un intérprete disponible y cémo solicitario. No siempre estén disponibles los intérpretes de Ia corte. Otra opcién es llevar a un adulto que pueda interpreter para usted siempre que esa persona no sea un testigo ni un abogado. O puede pedir a la corte una Ilsta de intérpretes particulares disponibles para contratar. gDénde puedo obtener Ios formularios de la corte que neceslto? Vaya a c'ualquier edificio de la cone, la bIblioteca legal de su condado, o imprima los formularios en www.courts.ca.govl smallciaims/forms (pégina esté en lnglés). ¢Qué pasa en el julclo? El juez escucharé a ambas panes. El juez puede tomar su decisién durante la audiencia o enviérsela por correo después. gQué pasa si plerdo el caso? SI pierde. puede apelar. Tendré que pager una cuota. (El Demandante no puede apelar su propio reclamo.) . SI estuvo presents en e! juicio. ilene el formulario SC~140. Aviso de apelacidn (Notice of Appeal). Tiene que presentado dentro de 30 dlas después de que el secretario le entregue o envle la dedsién (fallo) del juez en el formulario SC-200 o SC-1 30. Aviso d9 publicacidn del fella (Notice of Entry of Judgment). . Si no estuvo en el juicio. Ilene y presents el forrnulario SC-135. Aviso d9 peticidn para anular el fallo y Declaracién para pedirle al juez que anule el fallo (decisién). Si la oorte no le otorga un nuevo juicio. flene 10 dlas para apelar la decisién. Presents el formulario 80-140. Para obtener mas informacion sabre las apelaciones. vea www. courts.ca.gov/reclamosmenores/apalaciones. (,Tengo otras opclones? SI. Si Io estén demandando. puede: . Resolver su caso antes del julcio. Si usted y el Demandante se ponen de acuerdo en odmo resolver el caso. el Demandante tiene que presenter el formulan‘o CN-1 1 O, Solicitud de desestimacibn (Request for Dismissal) ante el secretado de la oorte. Pidale a! Asesor de Reclamos Menoras que Io ayude. Probar que es Ia corte equivocada. Envle una carta a la corte antes del juicio explicando por qué cree que es la oorte equivocada. Pldale a la cone que despida el reclamo.Tiene que entregar (dar) una copia de su carta (por correo o en persona) a todas las panes. (Su carta a la corte tlene que decir que hizo la entrega.) . Ir al Julcio y tratar de ganar el caso. Lleve testigos. radbos y cualquier prueba que necesite para probar su caso. Si desea que Ia cone emita una orden de oomparecencla para que los testigos vayan al juicio, Ilene el formulario $01 07. Citator‘m d9 raclemos menores (Small Claims Subpoena) y anuégueselo legalmente al Lestigo. Demandar a la persona que lo demandé. Si tiene un raciamo contra el Demandante, y el reclamo se puede presenter en la corte de reclamos menores. ta! como se describe en este formulario. puede presenter eI fonnulario SC-1 20. Reclamo del demandado (Defendant’s Claim) y presentarlo en este mismo caso. Si su reclamo excede el limite permifido en la cone de reclamos menores. puede iguaImente presentarlo en Ia cone de reclamos menores si esté dispuesto a limiter su reclamo al méximo permitido. o puede presentar un reclamo por el monto total en Ia cone apropiada. Si su reclamo excede el limite permitido en la corte de reclamos menores y esté relacionado con el mismo contrato. transaccion. asunto o acontecimiento que el mclamo del Demandante, puede presenter su redamo en la aorta apropiada y presenter una mocién para transferir el reclamo del Demandante a dicha cone. para poder resolver Ios dos reclamos juntos. Puede var una descripcién de los montos permitidos en el pérrafo anterior titulado 'Corte de reclamos menores'. . Aepmr el reclamo del Demandante y pagar ol dlnero. O. sl no puede pagar en ese memento. vaya a! juicio y diga que quiere hacer Ios pagos. . No ir al juicio y aceptar el fallo por falta de comparecencla. Si no Ilega a un acuerdo con el Demandante y no va al juldo (fallo por falta de comparecencia), el juez le puede otorgar al Demandante lo que esta reclamando mas los oostos de la cone. En ese caso. el Demandante legalmente puede tomar su dlnero. su sueldo o sus blenes para cobrar el fallo. ¢Qué hago si neceslto mas uempo? Puede cambiar la fecha del juicio sl: ~ No puede ir a la corte en la fecha programada (tendré que pager una cuota para aplazar el juicio). o - No le entregaron los documentos legalmente (no redbio la orden para ir a Ia aorta) por lo menos 15 dies antes del juicio (6 20 dlas si vive fuera del condado). o - Neoesita mas tiempo para conseguir intérprete. (Se permite un solo aplazamiento sin tener que pager cuota para aplazar el juicio). Pregantele al secretario de reclamos menores sabre las teglas y las cuotas para aplazar un juicio. O Ilene el formulario SC-1 50 (o escrlba una certa) y envlelo antes del plaza a la aorta y a todaa las otras personas que figuran en sus papeles de la cone. Adjunte un cheque para pagar los castes, de la oorte. a menos que le hayan dado una exencibn. LNecesita ayuda? El Asesor de Redamos Menores dc su oondado le puede ayudanj sin cargo. '_l O visite www.courts.ca.gov/reclamosmenores/asesoras.'Wm:mmnmmmmmmwmwud cmaWocm.m11m(cn wmuw Reclamo del Demandante y ORDEN 36-100. Page 5 of 5 Para Ir a la Corte de Reclamos Menores (Reclamos Menores) muaéaadcfifi SUPERIOR COURT OF CALIFORNIA 191 N. IST STREELSAN JOSE, CA 95113 lmpmmmwwmdw I NAYELI BRISENO 723 MENKER AVENUE, UNIT #2 SAN JOSE, CA 95128 PW IPATRICIA BRISENO 723 MENKER AVENUE, UNIT#2 SAN JOSE, CA 95128 I Tm No: I D See attached sheet for additional plavnufis and defendants. Monce 0F FILING MoncE 0F APPEAL To: Plaintmname): NAYELI BRISENO; PATRICIA BRISENOD Defendant (name): Iq- 3930081301 80-140 SMALL CLAIMS CASE No.: 19SC078411 [Trrznwmnsmmoom.mwmnwaw -_I PI-HLLP ERKENBRACK 255 NORTH MARKET STREET.#130 SAN JOSE, CA 95110 PW A Wm ?Nio-RSE __J NOV o 7 2019fl Qiark of the Court 5mmW County oi Santa clam Your small claims case has been APPEALED to the su- perior court. Do not contact the small claims court about this appeal. The superior court wlll notify you of the date you should appear In court. The notice of appeal ls set forth below. L8 dedSIén hecha Par ’8 Wu: 0.:1: 1:«".: I' ”v. InI'H’ 3 r 1-” noras en su caso ha sldo APflADA antela aorta superior. No se ponga en contacta con Ia aorta para reclaims judiciales menoras scarce de esta apeladdn. La aorta su- perior Ie notlflearala fecha en qua usted debe presentarse ante eIIa. E avlso d9 Ia apelacfdn apareca a confinuadén. N0v o7 2019Date: Clerk. by E. Martinez NOTICE OF APPEAL I appeal to the superior court. as provided by law. from the small claims judgment or mmmmmmmmmmflflv 0 7 2mg PmLIF‘ERKENBRACK (TYPEORPRNI’NAMQ E I am an Insurer of defendant (name) E the denial or the motion to vacate the small claims judgment. y%/WWWGWMMAW In thIs case. Thejudgment against defendant exceeds $2.500. and the policy of Insurance with the defendant covers the matter to thdI mejudgment applies. WWW b mmwm CLERK'S CERTIFICATE OF MAILING loanifythat 1. lam not a party to this action. 2. This Noflce of Filing Noflqe of Appeal and Notice ofAppea! were mailed first class. poshge prepaid. In a sealed envelopemE plaintiff NmiEh (5&5 fir”) 0* d ?a+@3¢'a bf”:s En OE defendant at the address shown above. 3. The malnng and this certification occurred 25:17:»? ‘émn Tos i .cslleltl'm: E. Martinez Deputy”e" NOV 07 2019 1 , "m"WW NOTICE 0F APPEAL mammwmnnilomJlI-ytm (Small Claims) SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE 191 NORTH FIRSTSmEEr Smloss, CAupoaNIA 951 13 CIVILDIVISION Phllllp Erkenbrack 255 North Market Street #130 SAN JOSE CA 95110 RE: N. Briseno et al vs P. Erkenbrack CASE-NUMBER: . “1986081301-- . -. NOTICE TO APPEAR IN COURT TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THE ABOVE ENTITLED CASE. a YOU ARE HEREBY DIRECTED TO APPEAR IN THIS COURT FOR A HEARING: Date: January 17, 2020 Time: 8:45 AM Dept: Department 6 “chuk list postgd on day of hearing for courtroom assignment“ For: Hearing on Small Claims Appeal. Location: 191 N. Flrst Street San Jose Califomla 95113 :HEODORE ZAYNER Date: December 09, 2019 To Be Assigned, Judge of the Superior Court Ifyou. a party represented byyou. orawltness tobecalled on behalfoflhatpartyneed an accommodation mderlheAmmnwlm Disablllfles Act. please conuct the Court Admlnlsuabrs office at (408) 882-2700. or use the Court‘s TDD line. (408) 882-2690 or tho ...¥°.!9.9./FDD Caflfom'a Relax smog (300)735-2921. . , . . .- _ . _ ~ _ DECLARATION OF SERVICE BY MAIL: Idedare hatlservedmisnoflcebyendoslngatruecopylnaseaied envdopemddmsed beachpersonwhosenamelsshownbelow.andbydeposmngmeemelopeufimposngeulypmpaid.lntheUritedShmsMalat SanJose. CAon Decanber 09.2019. CLERKOFTHE COURT.byLoan Nguyen. Deputy cc: Patricia Briseno 1 102 S Almaden Ave SAN JOSE CA 951 10 Nayeli Briseno 1102 S Almaden Ave SAN JOSE CA 951 10 CV-5065 REV 07/01/16 COPY C “ 1- ' x. : Frail“: I' -1; FEB 24 2023 By DEPUTY h: wwflaw-hWN NNNNNNN mqauhwuggsgsaaiss:8 Phillip Erkenbrack dba Court Services Unlimited P.O. Box 1202 San Jose, CA 95108 (408) 277-6700 JUDGMENT DEBTORm PRO PER JUDGMENT CREDITORN PRO PER SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA Nayeli Briseno CASE NO.: Patricia Briseno - ‘ . 20AP002640 Plaintifi', PROOF 0F SERVICE BY MAIL vs. File by Fafx Phillip Erkenbrack ' dba Court Services Unlimited Defendant. I, Debbie P. Palaruan declare, 1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place. 2. My Business address is, Court Services Unlimited, 255 North Market Street, Suite 130, San Jose, CA 951 10. 3. On the date signed below, I mailed the fiom the city ofSan Jose, California the following documents: l. PETITION FOR WRIT 2. DECLARATION 0F PHELIP BRKENBRACK, JUDGMENT DBBTOR,N SUPPORT OF THE WRIT AND AND COURSE OP PROCEEDING CRC 8.48(B)(3)(A) 4. I served the documents bx enclosing them in an envelonc and dmsited the sealed enveloE PROOF OF SERVICE BY MAIL PAGE I OF 2 fl \OOOQQM-hwn NMNNNN mqam-Awgggsz‘osaazmfizs with the United States Postal service with postage fully prepaid. 5. The envelope was addressed and mailed as follows: PATRICIA BRISENO 1102 SOUTH ALMADEN AVENUE SAN JOSE, CA 951 10 I declare under the penalty ofpeljury under the laws ofthe State ofCalifornia that the foregoing is u'ue and correct. Date; QJGI-Qow M70W Debbie P. Palaruan Court Services Unlimited Santa Clara County RPS#1283 255 North Market Street, suite 130 San Jose, CA 951 10 (408) 277-6700 I PROOF OF SERVICE BY MAIL PAGE 2 OF 2 COPY Court offing. v M, ,1, "ngJ]. ":TIAE‘. raj r .r- -, . 2L ‘» ' " ‘73; v_c- t, r .} ‘-'.\8.x - ' . .{d H \OOOQO‘M-bUN NNNNNN wqau‘hw'fi’afigngaa‘EBSZS Phillip Erkenbrack dba Court Services Unlimited P.O. Box 1202 San Jose, CA 95108 (408) 277-6700 JUDGMENT DEBTOR IN PRO PER JUDGMENT CREDITOR DI PRO PER SUPERIOR COURT O] COUNTY OF SANTA CLARA Nayeli Briseno CASE NO.: Patricia Briseno 20AP002640 Plaintifi PROOF OF SERVICE BY MAIL File by Fax VS. Phillip Erkenbrack dba Court Services Unlimited Defendant. I, Debbie P. Palaruan declare, 1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place. 2. My Business address is, Coun Services Unlimited, 255 North Market Steet, Suite 130, San Jose, CA 951 10. 3. On the date signed below, I mailed the fiom the city ofSan Jose, California the following documents: l. PETITION FOR WRIT 2. DECLARATION OF PHILLIP ERKENBRACK, JUDGMENT DEBTOR,m SUPPORT(HVUHEVHUTA&H)ANDCINHfiflEOFPROCEEDDKECRCSAsanOXEQ 4. I served the documents by enclosigfithem in an envelope and deposited the sealed envelope PROOF 0F SERVICE BY MAIL PAGEIOFZ H NNNNNNNN ooxlo‘uAuuw-ggazaazsszg \ooqqo‘tAAuN with the United States Postal service with postage fully prepaid. 5. The envelope was addressed and mailed as follows: NAYELI BRISENQ 1102 SOUTH ALMADEN AVENUE SAN JOSE, CA 951 1o I declare under the penalty ofpeljury under the laws ofthe State of California that the foregoing is true and correct. 244.9090 MW Debbie P. Palaruan Court Services Unlimited Santa Clara County RPS#1283 255 North Market Street, suite 130 San Jose, CA 951 10 (408) 277-6700 Date: PROOF OF SERVICE BY MAIL PAGE 2 OF 2 Couricu, -.,- 3, Ct Rtggfg “£9 FEB 24 2020 By ‘-DEPUTY H 0°0QO\M&NN NNNNNN mqmubwsfissazaazmsss Phillip Erkenbrack dba Court Services Unlimited P.O. Box 1202 San Jose, CA 95108 (408) 277-6700 JUDGMENT DEBTOR IN PRO PER JUDGMENT CREDITOR IN PRO PER SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA Nayeu Briseno ' CASE No.: Pau'icia Briseno 20AP002640 Plaintifi PROOF OF SERVICE BY MAB. vs. File by Fax Phillip Erkenbrack dba Court Services Unlimited Defendant. -. I, Debbie P. Palaruan declare, 1 . I am over 18 years of age and not a party to this action. l am a resident of or employed in the county where the mailing took place. 2. My Business address is, éofin Sérvices Unlimited, 255 North Market Street, Suite 130, San Jose, CA 951 10. 3. On the date signed below, I mailed the fi'om the city ofSan Jose, California the following documents: l. PETITION FOR WRIT 2. DECLARATION OF PHILLIP ERKENBRACK, JUDGMENT DEBTOR, 1N SUPPORT OF THE WRIT AND AND COURSE OF PROCEEDING CRC 8.48(B)(3)(A) 4. I served the documents by enclosing them in an envelope and deposited the sealed envelope PROOF 0F SERVICE BY MAIL l : , i 1 ’ ' PAGE I 0F 2 \OOOQQUI&WNn-n NMNNNNNN coqaxu.pr.--8$$SSGE$5:S with the United States Postal service with postage fully prepaid. 5. The envelope was addressed and mailed as follows: SUPERIOR COURT OF CALIFORNIA ATTN: ADMINISTRATION 191 NORTH FEST STREET SAN JOSE, CA 951 13 ‘- I declare under the penalty ofperjury under the laws ofthe State of California that the foregoing is true and correct. Date: 2‘ l 0| ' 9'0» (BWAQL Debbie P. Palaruan Court Services Unlimited Santa Clara County RPS#1283 255 North Market Street, suite 130 San Jose, CA 951 10 (408) 277-6700 PROOF OF SERVICE BY MAIL PAGE 2 OF 2 10 ll 12 l3 14 15 16 l7 l8 19 20 21 22 23 24 25 Phillip Erkenbrack dba Court Servim Unlimited P.O. Box 1202 San Jose, CA 95 108 (408) 277-6700 JUDGMENT DEBTOR IN PRO PER SUPERIOR COURT 0':- pnuu-um‘m COUNTY OF SANTA CLARA Nayeli Briseno CASE N0.: Patricia Briseno 20AP002640 Plaintim DECLARATION ON PHILLIP ERKENBRACK, vs. JUDGMENT DEBTOR, IN SUPPORT OF THE , THE WRIT AND COURSE OF PROCEEDING Phillip Erkenbrack ‘ CRC 8.486(b)(3)(A) dba Court Servim Unlimited Defendant. I, Phillip Erkenbrack, declare: 1. I am the Judgment Debtor herein. 2. I am filing this declaration in support of tfic writ filed on February l8, 2020, concerning small claims case, 19SC081301/19SC07841 1, Naycli vs. Erkenbrack. 3. I am asking this court to review the lowers courts ruling on two issues in which it held the Judgment Debtor liable. 4. The first issue that Phillip Erkenbrack argues that the lower court erred in ruling on is that he should have reviewed the customers case and advised them that the defendant in their case had already filed and answer, and that the Phillip Erkenbrack, who is only a Process Server Server and Legal Document Assistant, should have advised them that serving an amended DECLARATION ON PHILLIP ERKENBRACK, JUDGMENT DEBTOR, IN SUPPORT OF THE THE WRIT AND COURSE OF PROCEEDING CRC 8.486(b)(3)(A) PAGE l OF 5 l u o 10 ll 12 13 14 15 16 17 18 l9 20 2] 22 23 24 25 complaint and preparing and filing the default was not proper, as the defendant in their case had already filed an answer. Phillip Erkenbrack argues that this ruling, violates Business and Professions code 6400 (d)(l), which in parts states that the duties of a Legal Documents Assistant which are, "Completing legal documents in a ministerial manner, selected by a person who is representing themselves in a legal matter, by typing or otherwise completing the documents at the person’s specific direction." Phillip Erkenbrack argues that he must complete the documents as specifically directed by the' person who is representing themselves in a legal matter. It is. undisputed that Phillip Erkenbrack served the defendant as directed and prepared a proofof service for the customer. It is also undisputed that Phillip Erkenbrack prepared and served the default as directed by the customer. The only issue was that said documents were not file stamped by the court clerk and the reason the documents were not file stamped by thqcourt clerk, is that the clerks refused to do, so stating that the defendant had filed and answer. Clearly Phillip Erkenbrack did everything he was hired to do and went above and beyond by going over to the clerk and argued with them to file the documents anyway, which the clerks refused to do. So concerning the first issue the Phillip! Erkenbrack argues that the court erred by not apply Business & Professions code properly and the legal principle that only an attorney may provide a litigant legal advice. Reviewing a litigants case file and providing options or advice as to what a is barred pursuant to B&P 6400 (g). 5. The second issue that Phillip Erkenbrack argues that the lower court erred in ruling that the court ruled against Phillip Erkenbrack because the documents were not filed with the court. Which is the main reason Phillip Erkefibrack was sued in this case. The plaintifi‘s who sued Phillip Erkenbrack said over and over again that Phillip Erkenbrack never did anything because the court said the paperwork was never filed. Phillip Erkenbrack argues that the court erred in its ruling that the documents w'ere not filed because they were not stamped by the court clerk and as such ruled against Phillip Brkenbrack. Phillip Erkenbrack argues that the judge did not DECLARATION ON PHILLIP ERKENBRACK, JUDGMENT DEBTOR, IN SUPPORT OF THE THE WRIT AND COURSE OF PROCEEDING CRC 8.486(b)(3)(A) PAGE 2 OF 5 10 ll 12 13 l4 15 l6 l7 18 l9 20 21 22 23 24 25 comply with The California rules of court and Carlson v. State Dept of Fish Game, See Exhibit C attached, which clearly hold that "The consensus is that the ‘[p]apers and pleadings including the original complaint are considered filed when they are placed in the possession ofthe clerk of the court.” In this case the proof of service and request to enter default were both given to the court clerk. The fact that the clerk failed to stamp the documents because in the clerks opinion the documents coufd not be filed because the defendant in the case had filed an answer, this does not mean that the documents were not filed. Phillip Erkenbrack argues the clerk should have filed stamped the documents and processed the default, but rejected it on the grounds that the defendant had filed an answer. But regardless of the clerks actions, Phillip Erkenbrack had in fact filed the documents with the court clerk. Phillip Erkenbrack argues that the lower court erred in ruling that the documents were not filed simply because the court clerk did not stamp the documents filed. The CRC and case law cited above clearly state difi'erently. It is also not the duty of the Phillip Erkenbrack to advise their customer which motion to file to correct the court clerks error, such as filing a motion to strike the answer based on the defendant's fee waiver being denied or a motion Nunc Pro Tunc to correct the clerks error in not filing the documents in the court file when they were first presented to the clerk for filing. 6. BACKGROUND- The small claims case 19SC07841 1, Nayeli vs. Erkenbrack, is a small claims lawsuit in which the Plaintiffs Nayeli Briseno and Patricia Briseno sued Phillip Erkenbrack dba Court Services Unlimited for failing to complete the job they hired him to do. The Plaintiffs hired Phillip Erkenbrack to serve an amended complaint on the defendant and then hired Phillip Erkenbrack a second time about a month later to prepare and serve a request for default in case 16CV297895. From Phillip Erkenbrack's point ofview he argued that he served the defendant with the amended complaint prepared a proof of service and then prepared and served the default on the defendant and then attempted to file said documents but was told by the court clerks that said documents could not be filed as the defendant had filed an DECLARATION ON PHILLIP ERKENBRACK, JUDGMENT DEBTOR, IN SUPPORT OF THE THE WRIT AND COURSE OF PROCEEDING CRC 8.486(b)(3)(A) PAGE 3 OF 5 , i¢__#@ ”A l 10 ll 12 13 I4 15 16 17 l8 l9 20 21 22 23 24 25 answer. Please note that the defendants answer was filed several months before Phillip Erkenbrack was hired to prepare and serve the default for case 16CV297895. Phillip Erkenbrack then mailed the documents to the plaintifi‘s with a cover letter explaining what happened. The plaintifi‘s then showed up to the offices of Phillip Erkenbrack and demanded a refund, disrupted the office and refused to leave when asked to set up and appointment as Phillip Erkenbrack was not available at the moment. Plaintiffs still refused and continued to disrupt the omce to the point ofthe police having to be called to remove the plaintiffs from the ofi'xces of Phillip Erkenbrack. From the point ofview ofthe defendant's they do not contest that I served the defendant or prepared the default and served the defendant in their case with the default. Their problem with Phillip Erkenbrack, as argued in court, is that they did not receive a copy ofthe documents and that the court said did not file the documents which caused a problem with their case. They were very unhappy that I would not talk to them when they showed up to my pfiice and that I called the police on them to have them removed from my ofiice. 7. As previous stated, Phillip Erkenbrack argues he did in fact do his job as the defendant was in fact served and the documents prepare'pursuant to the customer directions and the documents were in fact filed with the court. The lower court erred first by not following the business and professions code 6400, which states that the LDA must act pursuant to the directions ofthe person representing themselves in a legal matter and by applying the improper standard. that Phillip Erkenbrack should have reviewed the customer case and advised them that serving an amended complaint and preparing, serving a default was not proper as the defendant in their case had already filed an answer. The code 6400 (g) holds that " A legal document assistant may not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d)."When Phillip Erkenbrack informed the Judge of this and that it could also be DECLARATION ON PHILLIP ERKENBRACK, JUDGMENT DEBTOR, IN SUPPORT OF THE THE WRIT AND COURSE OF PROCEEDING CRC 8.486(b)(3)(A) PAGE 4 OF 5 10 l] 12 13 14 15 l6 l7 18 l9 20 2| 22 23 24 25 considered legal advice, the court stated, "well that’s what I would have done" and ruled against Phillip Erkenbrack. Concerning the second issue the court simple ruled against Phillip Erkenbrack because it ruled that the documents were not filed, as the clerk did not stamp them and as such ruled against Phillip Erkenbrack. The court erred as that the documents should have been considered legally filed as they were presented to the clerk for. filing. Phillip Erkenbrack requests that this court reverse the lower courts ruling as the court misapialied the law based on the above and on any other grounds the court feels may be proper. 8. Copies ofthe entire court file have been attached as Exhibit A for the court review and other evidence such as receipts and the first page of the contract are attached as Exhibit B. Dated: Z lfi/2020 ‘ WW Phillip Erkenbrack dba Court Services Unlimited JUDGMENT DBBTOR IN PRO PER DECLARATION ON PHILLIP ERKENBRACK; JUDGMENT DEBTOR, IN SUPPORT OF TI-E THE WRIT AND COURSE OF PROCEEDING CRC 8.486(bX3XA) PAGE 5 OF 5 EXHIBIT A Plaintiff's Claim and ORDER elerkmmpsdmrmwmnmmbm to Go to Small Claims Court Notice to the person being sued: _ ° You are the defendant ifyour name is listed mg on page 2 of this form. L E The person suing you is the plaintiff, listed in on page 2. " ' You and the plaintiff must go to court on the trial date listed below. Ifyou APR 1 5 2019 do not go to court, you may lose the case. ' ' Ifyou lose, the court can order that your wages, money, or property be A 1 V. ." 1. "Chm L'aénx A 3 L,taken to pay this claim. ‘l ° Bring witnwsw, receipts, and any evidence you need to prove your case. Fm 1,, com name andgm:3"“.- ° Read this form and all pages attached to understand the claim against you 3:119:33?" °f califm'l" cwm’ °f and to protect your nghts. 1 91 N. First s Aviso al Demandado: San Jose; CA 951 13 '_ Ustcd es e1 Demandado si su nombre figura en® de la pfigina 2 de ate ‘ Small Claims formulario. La persona que lo demanda es el Demandante, la que figura en (Dde‘a P381“ 2- Counfinslnmenumbemnentonntsm ' Usted y el Demandante tienen que presentarse en la corte en la fecha del Case Nun‘byzs c 0 T 8 4 1 1 juicio indicada a continuacién. Si no se presents, puede perder el caso. ' ' Si pierde e1 caso la cone podrfa ordenar quc 1e quiten de su sueldo, dinero u Case Name: otros biena para pager este reclamo. - Brimo vs. Erkenbnck ' Llevc testigos, recibos y cualquier otra prueba que necesite para probar su caso ° Lea este formulario y todas las pfiginas adjuntas para entendcr la demanda en su contra y para proteger sus derechos. ‘Order t6 Gb-to Court The people In® and ® must go to court: (CIerkfiI/s om section balmy.) Trial 9 Date Time Department Name and addrss ofcourt, ifdificrent from above 1 L. g la O' 1n Ah, 1r - Date fix I I I D 4V 9‘ __|_{ 2. 07/12/19 8:30am 15 3- A A A/'\ Date: APR 15 2mg Cluk,by Umnfl $1 é s g? ,Deputy " H. U Instructions for the person suing: o You are the plaintiff. The person you are suing is the defendant . o B&ore you fill out this form, read form SC-lOO-INFO, Informationfor the‘Plain'tzfi to know your rights. Get SC-lOO-INFO at any courthouse or county law libraxy, or go to www.courts.ca.gav/3mallc'laims/fonns. o Fill out pages 2 and 3 ofthis form. Then make copies ofall pages ofthis form. (Make one copy for each party named in this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk’s ofl'xce and pay the filing fee. The clerk will write the date ofyouxf vial in the box above. o You must have someone at least 18-not you or anyone else listed in this case-give each defendant a court-smmped copy of all five pages ofthis fonn and any pages this form tells you to attach. There are special rules for “serving,” or delivering, this form to public entitiw, associations, and some businesses. See forms SC-l 04, SC-l 04B, and SC-104C . o Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your ease. wm“mm-mw Plaintiff's Claim and ORDER 3°“°°- PIG“ 0'5fimhmwm to Go to Small Claims Court 9 _ (Small Claims) ' 'ff : c N be. _ mi?32mm) . m ""‘1 §s co r 8 41 1 Patricia Briseno ® The plaintiff (the person, business, or public entity that ls suing) ls: Name: Nayeli Briseno Phone: (408) 512-7792 Street address: 723 Menker Avenue #2 - San Jose CA 95128 sneer cuy Stare 21p Mailing address fifdtfirenl): Street City State le If more than one plaintiff, list next plaintiff here: Name: Patieia Briseno . Phone: Street address: 723 Menker Avenue #2 San Jose CA 95128 Street cny State 21p Mailing addms (ifdifllrent): sneer City State le D Check here ifmore than two plaintififs and attachform SC-I00A. U Check here ifeitherplaintifi'listed above is doing business under afictitious name. sta, atlachfonn SC-I03. D Check here ifanyplainnfi'is a "licensee " or “deferred deposit originator" @ayday lender) under Financial Code sections 23000 et seq. ® The defehdant(the person, business, or public entity being sued) is: Name: Phillip Erkenbrack DBA Court Servicw Unlimited Phone: (413 254-8823 Street address: 255 N. Market Street, Suite 130 San Jose CA 951 10 sane: cny State 21p Mailing addms fifdzfiérent): Street City Stale 2m lf the defendant is a corporation, limited liability company, or public entity, list the person or agent authorized for service of process here: ame: evun-Su-nces-Unlimited- Job title, ifknown: Owner 5 San Jose CA 951 10 Street City State Zip D Check here ifyaur case is against more than one defendant, and attachform SC-l00A. D Check here ifany defendant is on active military duov, and write his or her name here: ® The plaintiff claims the defendant owes $ 425.00 . (Explain below).- a. Why dm the defendant owe the plaintiffmoney? I paid for a service to be complemd and defendant charged me but never completed thejob nor did he comply with any service that! had paid for. Defendant also did no provide me with my documents he sated he did. When did this happen? (Dare): 08/23/2018 b. Ifno specific date, give the time period: Dare started: Through: c. How did you calculate the money owed to you? (Do nor include court cost: orfeesfor service.) I have receipts ofthe money I paid Phillip Erkenbrack for service. D Check here ifyou need more space. Attach one sheet ofpaper orform MC-031 and write "SC-IOO, Item 3 " a! the top. W‘m"’°" Plaintiff’s Claim and ORDER to Go to Small Claims Court 30"”: ”992$ _ (Small Claims) NayeliBriseno 1 9 S CD 7 84 1 1 Plaintiff (list names): ' Case Number: Patricia Briscno-, ® You must ask the defendant (in person, in writing, or by phone) to pay you before you sue. If your claim is for possession 'of property, you must aslk the defendant to give you the property. Have you done this? E Yes D No If no, explain why not: Demand to pay afier numerous attempts by phone and in person. ® Why are you filing your claim at this courthouse? This courthouse covers the area (check the one that applies): a. E (1) Where the defendant lives or does business. (4) Where a contract (written or spoken) was made, (2) Where the plaintiff’s property was damaged. signed, performed,_or broken by the defendant or (3) Where the plaintiffwas injured. where the defendant lived or did businms when the defendant made the contract. b. D Where the buyer or lessee sigwd the contract, lives now, or lived when the contract was made, ifthis claim, is about an ofi'er or contract for personal, family, or household goods, services, or loans. (Code Civ. Proc., § 395(b)-) c. D Where the buyer signed the contract, lives now, or lived when the contract was made, ifthis claim is about a retail installment contract (like a credit card). (Civ Code, § 1812.10.) d. D Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, ifthis claim is about a vehicle finance sale. (Civ Code. § 2984.4.) e. D Other (specifi): ® List the zip code of the place checked in© above fifyou Imaw): 951 10 ls your claim about an attomey-client fee dispute? D Yes E No ' Ifyes, and {'fyou have had arbitration, fill outform SC-IOI, attach it to thisform, and check here: D o Are you suing a public entity? D Yes E No . Ifyes, you mustfile a written claim with the enfiiyfirst. D A claim was filed on (date): I [fthepublic entity denies your claim or does not answer within the time allowed by law, you canflle thisform. Have you filed more than 12 other sma l claims within the last 12 months n California? U Yes E No [fyes, thefilingfeefor this c se will be high '. Is your claim for more than $2,500? Yes D/fi'o Ifyes, Ihave notfiled, and understand that] cannotfile. more than two small claims casesfor more (hm: $2,500 in California during this calendaryear. l understand that by filing a claim in small claims court, l have no right to appeal this claim. I declare, under penalty ofpexjuxy under California State law, that the information above and on any attachments to this form is true and correct. | Date:O4/1 5/2019 Nayeli Briseno } ”(MARW Plainfifl'qpes orprints:name here 5 Plainnflslgns here Date:O4/15/2019 Panicia Briseno : ) \ 0K Y3 Secondplaintiflolpes or prints name here Secondplaintifi’signs here Requests for Accommodations Assistive listening systems, computer-assisted rcal-time captioning, or sign language interpreter servicw are available ifyou ask at least five days before the trial. Contact the clerk’s ofiice for form MC-410, Requestfor Accommodations by Persons With Disabilities and Response. (Civ. Code, § 54.8.) "WMWLW Plaintiff’s Claim and ORDER to Go to Small Claims Court 33-100» P8993“ I (Small Claims) '9 "Small claims court" is a special court where ciaims for $10 000 or less are decided. Individuals, including "natura_l persons" and sole proprietors may claim up to S10.000. Corporations. partnerships public entities. and other businesses are limited to claims of $5.000. (See below for exceptions.‘) The process is quick and cheap. The rules are simple and informal. You are the defendant-the person being sued. The person who ls suing you is the plaintiff. DO I need a lawyer? You may talk to a lawyer before or aner the case. But you may not have a lawyer represent you in court (unless this is an appeal from a small claims case). How do I get ready for court? You don't have to file any papers before your trial, unless you think this is the wrong court for your case. But bring to your trial any witnases. receipts. and evidence that supports your case. And read ‘Be Prepared for Your Trial' at www.couns.ca.gov/smallclaims/prepare. What'if l need an accommodation? Ifyou have a disability or are hearing impaired, fill out form MC-410. Request for Accommodations. Give the form to your court clerk or the ADN Access Coordinator. What if I don’t speak English well? Ask the court clerk as soon as possible if your court has a oourt-provided interpreter available and how to request one. A oourt-provided interpreter may not be available. Altemah'vely. you may bring an adult who is not a witness or an attorney to interpret for you or ask the court for a!fist of interpreters for hire. Where can I get the court forms l need? Go to any courthouse or your county law library, or print forms at www. courts.ca.gov/smallclaimsflbrms. What happens at the trial? The judge will listen to both sides. The judge may make a decision at your trial or mail the decision to you later. What ifl lose the case? If you lose, you may appeal. You'll have lo pay a fee. (Plaintiffs mnnot appeal their own claims.) . lf you were at the tn'al. file form 80-140. Notice oprpeaI. You must file within 30 days after the clerk hands or mails ydu the judge's decision (judgment) on form SC-200 or form SC-1 30. Notice of Entry ofJudgment. . If you were notlat the trial, fill out and file fon'n SC-1 35, Nofice of Motion to Vacate Judgment and Declaration, to ask the judge to cancel the judgment (decision). If the judge does not give you a new tn‘al, you have 1O days to appeal the decision. File form 50-140. For more information on appeals. see www.oouds.ea.gov/ smallclaims/appeals. Do I have options? Yes. If you are being sued. you can: o Settle your case before the trial. If you and the plalntiff agree on how to settle the case. the plaintiff must file form ClV-110, Request for Dismissal. with the dark. Ask the SmalI Claims Advisor for help. Information for the defendant (the person béing sued) - Prove this ls the wrong court. Send a letter to the ooun before your trial explaining why you think this is the wrong court. Ask the court to dismiss the claim. You must serve (give) a copy of your letter (by maiI or in person) to aII parties. (Your letterm the court must say you have done so.) - Go to the trial and try to win your case. Bring witnesses. receipts. and any evidence you need to prove your case. To have the court order a witness to go to the tn‘al. fill out fonn SC-107 (Small Claims Subpoena) and have it sewed on the witness - Sue the person who is suing you. Ifyou have a daim against the plaintiff. and the claim is appropriate for small dalms court as described on this form, you may file Defendant's Claim (form SC-120) and bring the claim in this action. If your claim is for more 'than allowed in small claims court. you may still file It In small claims court ifyou give up the amount over the small claims value amount. or you may file a claim for the full value of me cIaim in the appropriate court. 'lf your claim is for more than allowed in small ciaims court and relates to the same contract, transaction. matter. or event that is the subject of the plaintiffs claim. you may file your claim in the appropriate court and file a motion to transfer the plaintiff's ‘s claim to that court to resolve both matters together. You an see a description of the amount allowed in the paragraph above titled “Small Claims Court." - Agree with the plaintiff's claim and pay the money. Or. if you can't pay the money now. go to your tn‘al and say you want to make payments. o Let the case "default." If you don't settle and do not go to the trial (default). the judge may give the plainfiff what he or she is asking for plus court coss. If this happens. the plaintiff can legally take your money, wages. and property m pay the judgment What If I need more time? You can change the trial date if: . You cannot go to court on the scheduled date (you will have m pay a fee to postpone the trial). or . You did not get served (receive this order to go to court) at least 15 days before the trial (or 20 days if you live outside the county). or . You need more fime to get an interpreter. One postponement ls allowed. and you will not have to pay a fee to delay the trial. Ask the Small Claims Clerk about me rules and fees for postponing a trial. Or fill out form SC-150 (or write a later) and mail it to the court and to an other people listed on your court papers before the deadline. Enclose a check for your court fees. unless a fee waiver was gtanted. - Need help? Your county's Small Claims Adviser can heip for free. SmaiI-Claims Advisor (408) 882-2100. (Options 2. 6) 1 _J r_ l_ Or go to ww.oouris.ca.gov/smallclaims/advisor. ' Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc.. § 116.220(c).) Wmtflfl Plaintiff’s Claim and ORDER to Go to Small Claims Court SC-100. Page 4 of 5 . (Small Claims) La "Cone de reclamos menores" es una cone especial donde se declden casos por $10.000 o menos. Los individuos o sea las 'personas flsicas" y los propietarios por cuanta propia puede'n reclamar hasta $10.000. Las corporaciones. asociaclones, entidades pfibllcas y ottas empresas solo pueden redamar hasta $5.000. (Vea abajo para Ias excepcionesf) El proceso es répldo y barato. Las reglas son sencillas e informales. Usted es el Demandado-la persona que se esté demandando. La persona que lo est: demandando es el Demandante. ¢Neceslto un abogado? Puede hablar eon un abogado antes o después del caso. Pero no puede toner a un abogado que lo represents ante Ia cone (a menos que se Irate de una apelaclén de un use de reclamos menores). ¢C¢mo me preparo para ir a Ia cone? No tiene que presenter ningunos papeles antes del juicio. a menos que piense que 63m es Ia code equivowda para su case. Pero lleve al juido cualquier testlgos. reabos y pruebas que apoyan su case. Y lea "Esté preparado para su _ juicio“ en www.ooudam.govlreclamosmenores/praparese. ¢Qué hago sl neceslto una adaptacién? SI tiene una dlsmpacldad o Ilene Impedimentos de audicién, Ilene el fonnulan‘o M0410. Request for Accomodations. Entregue el formulario al secretario de Ia cone o al Coordinador de AccesolADA de su cone. ¢Qué pasa si no hablo bien Inglés? Pregfmtele al secretario de la cone lo mas pronto posmle si en el juzgado habré un intérprete dlsponible y cémo solicitaflo. No siempre estan disponibles los Intérpretes de la cone. Om opclén es llevar a un adulto que pueda Inlerpretar para usted siampre que esa persona no sea un testigo ni un abogado. O puede pedir a Ia cone una lista de inkérpretes particulares disponibles pata contratar. (,Dénde puede obtener los formularios de la cone que neceslto? Vaya a cualquier edificio de Ia cone. la biblioteca legal de su condado, o imprima los formulan'os en www.courlssagovl smalldaimslfonns (pagina esté en Ingiés). (,Qué pasa en el juicio? El juez escuchara a ambas panes. El Juez puede tomar su decision durante la audlencia o enviérsela por oorreo después. (,Qué pasa si plerdo el case? SI plerde. puede apelar. Tendré que pagar una cuota. (El Demandante no puede apelar su propio reclamo.) . Si estuvo presents en el juicio. Ilene el formularlo 30-140, Aviso de apslacldn (Notice of Appeal). Tiene que presentarlo dentro de 30 dlas después de que e! secretario le entregue o envle Ia decislén (fallo) del juez en el formulan'o SC-200 o SC-1 30,-Aviso d9 publicaclén del fallo (Notice of Entry of Judgment). . SI no estuvo en el julcio. Ilene y presents el formulado SC-1 35. Aviso d9 pelia‘én pala anular el fallo y Declaracién para pedirle al juez qué anule e! fallo (dedsién). Si la oorte no Ie otorga un nuevo juicio. tiene 10 dlas para ape|ar Ia decision. Presents el formulario 50-140. Pam obtener més informacién sobre Ias apeladones. vea www. courts.ca.gov/reclamosmenoms/apelaciones. (,Tengo otras opclones? Si. Si lo estén demandando. puede: . Resolver su casoam del juiclo. Si usted y e! Demandante se ponen de acuerdo en oomo resolver el ease. el Demandanfe fiene que presenter el formulaic CN-1 1 0. Solicitud do desesfimédén (Request for Dismissal) ante el secretaflo de Ia cone. Pldab al Asesor de Reclamos Menores que Io ayude Informacién paraéel demandado (la persona demandada) . Probar que es Ia corte equivocada. Envle una cam a la come antes del julcio explimndo por qué cree que es la cone equivocada. Pldale a la cone que desplda el redamofiene que entregar (dar) una copla de su oarta (par ooneo o en persona) a todas Ias panes. (Su cam a Ia cone tiene que decir que hizo la entrega.) . Ir al julclo y tratar de ganar el caso. Lleve testigos. redbos y cualquier prueba que necesile para probar su case. Si desea que Ia corte emlm una orden de oomparecancla para que los tesflgos vayan al juicio. Ilene el fonnulario 80-1 O7. Citatorio d9 reclamos menores (Small Claims Subpoena) y entrégueselo legalmente al testigo. . Demandar a la persona que lo demandé. SI Ilene un reclamo contra el Demandante. y el reclamo se puede pmentar en la cone de reclamos menores, ta! oomo se descn‘be en aste fonnulan'o. puede presenter el fonnulan'o SC-1 20. Reclamo del demandado (Defendant‘s Claim) y presentarlo en este mismo caso. Si su reclamo excede el "mite permitido en la aorta de redamos menores. puede igualmente presentario en la cone de reclamos menoras si esté dispuesto a limitar su reclamo al maximo parmmdo. o puede presenter un redamo por el monto total en la cone apropiada. Si su reclamo exoede el limite permmdo en la cone de reclamos menores y esté relacionado con e! mismo contrato. transaccién. asunlo o acontecimlento que el reclamo del Demandante, puede presentar su reclamo en la aorta apropiada y presenter una modén para transferir el reclamo del Demandante a dicha cone. para poder resolver los dos redamos juntos. Puede ver una descripcién de los memos permifidos en el parrafo anterior litulado "Cone de reclamos menores'. . Aeptar el reclamo del Demandante y pagar el dlnero. O. sl no puede pagar en ese momenta. vaya al juicio y diga que quiem hacer los pages. . No ir al julclo y aceptar el fallo por falm de comparecencla. Si no llega a un acuerdo con el Demandante y no va al juido (fallo por falta de comparecencia). el juez le puede otorgar al Demandante lo que esté reclamando més los costos de la cone. En ese caso. el Demandante legalmente puede tomar su dlnem. su sueldo o sus bienes para cobrar el fallo. ¢Qué hago sl neceslto mas tiempo? Puede camblar la fecha del julcio si: - No puede Ir a Ia cone en la fecha programada (Kendra que pager una wota para aplazarel juicio). o - No le enuegaron los documentos legalmente (nomm la ocden para ir a la cone) por lo menos 15 dlas antes del Iuiu'o (6 20 dlas 3i vive fuera del condado), o - Necesita ma‘s flempo para conseguir intérprem. (Se permits un solo aplazamiento sin tenet que pagar cuota para aplazar el juicio). Pregu‘mtele al secretario de redamos menoras sabre Ias teglas y las cuoms para aplazar un juido. 0 Ilene el formulario 80-150 (o escriba una carta) y envlelo antes del plazo a Ia cone y a todas Ias otras personas que figuran en sus papeles de la cone. Adjunte un cheque para pagar los castes de Ia cone. a menos que la hayan dado una exencibn. ¢Neceslta ayuda? El Asesor dc Redamos Menom dc su condado la puede ayudar sin cargo. SmaII-Claims Adviser O visits www.courts.ca.gov/reclamosmenoraslasems.'MWmEMMIun-Immmmmgmtwnd mmmmocm.ucd6n11m0(e).) mm1.m17 Reclamo del Demandante y ORDEN (408) 882-2100. (Options 2. 6) sc.1oo. Page s at s Para Ir a la Corte de Reclamos Menores (Reclamos Menores) Legal Document Assistant/Process Server contract Customer's Information f.1930078411 Please state YOUR NAME: N oveh‘ WJm‘ .g-ano - Please state YOURA DRESS: _. _ >5 41?, Mcm 3V Aug 1&2. 5cm Jatie \ (4‘5 IZX \ Please state YOUR pHONE#:(Q05) S *3 V7 6‘2 g Email Address: 1‘30“an Z @Qcmm'l - COM {13% $ . (Q . Defendantz ResgondentlJudgment §debtor’s InfgrmatLon Please sta‘te the DEFENDANT’S NAME: [)«fi €\ AmgG ’65 Please state the DEFENbANT'S ADDRESS: ‘52 S - - ”AL" S"\‘ ‘ 56m JOSG’ (A QS'Hé What would’you like us to do today?" Please state t_he services you would lize us to provide: ?e-«uace aw: Demndqnys w k irks Amendcd com MLa How soon do you want your case handle? _PLEASE START WORKING ON MY CASE TODAY!(add $50) _ PLEASE START WORKING ON MY CASE IN 72 HRS(add $25) 7(1-3-1 CourtServices Unlimited 1950078411 UK!VDU.mg, ‘ 255 North Market Street, #130 1 SanJose,CA9511o ‘1 DATE: August 23, 2018 Phone [408-277-5700] Fax [408-608-1611] mom“ ’1'" £286 Bill To: ' YOUR APPOINTMENTTO CQME.B_AG( TO OUR OFFICE IS: NAYELI BRISENO 4W PATICIA BRISENo 723 MENKER AVENUE,#2 (0%]! 8’ SAN Jose, CA 95128 . DESCRIPTION mom NAYELI BRISENO VS. DANIEL ANGELES CASE NUMBER: 16CV29789§ SERVICES REQQESTED; R E ND VE D FAULT D NT DANIEL ANGELES . - 35132 SOUTH 22ND STREET SAN JOSE, CA 95116 CSU FEE FOR SERVICES: ' $300.00 COURT FILING FEE: I ‘\ $0.00 Q‘?’ SUBTOTAL DUE: $300.00 PAYMENT RECEIVED: $300.00 ' TOTAL $0.00 Thank youfor your business. Please make the check payable to "Court Sendces Unlimited." Ifyou have any questions please emall your Invoice ta "$ervepaper@aol.cam ". Then please call (408} 277-6700 and askfar phil. THANK YOU FOR YOUR BUSINESS! l‘-:' _ Clerk stamp: date hero when loan is Mad. Proof of Servuce Use this form to serve a person, a business, or a public entity. To learn more about proofofservice, read What Is ”ProofofService"?, Form SC-lO4B. To learn more about how to serve a business or entity, read How Io Serve a Business or Public Entity, Form SC- I 04C. To serve a business, you must serve one of the following people: - Owner (for a sole proprietorship) ' Partner (for a partnership) or general partner (for a limited partnership) ' Any officer or general manager (corporation or association) - Any person authorized for service by the business (corporation, association, ' Clerk (of a city or county) ' Chief officer or director (of a public agency) o Any person authorized for service by the entity ® Instructions to Server: general partnership, limited partnership) Fill in cow? namo and stray! addrasx - Any person authorized for service with the Secretary of State (corporation, SUW'W CW" °f“MW“: COUMY 0' association, limited liability company [LLC], limited liability partnership sama Cl?” [LLP], limited partnership) 191 N. First Street To serve a public entity, you must first file a claim with that entity, then san J‘offi: 'CA 951 l3 - 2-2 serve'one-of the following peeplc: small'walms day, lime. and department below. Ffil in case number. case name, heating dale. . . Case Number: a. lfyou are servmg a person, write the person's name below: .Phillip Erkenbrack 19SC078411 Case Name: Briseno vs. Erkenbrack b. lfyou are serving a business or entity, write the name of the business or entity, the person authorized for service, and that person’s job title: §usiness or Agency Name Hearing Date: 06/07/201 9 Person Authorized ror Service Job Tine Time: 8 :30 Am, Dept: 1 5 You must be at least l8 years old and not be named in this case. Follow these steps: ° Give a copy of an the documents checked in® to the person in G, or - Give a copy ofall the documents checked in® to onc of the following peeple: a. A competent adult (at least l8) living with, and at the home ofthe person in , or b. An adult (at least l8) who seems to be in charge at thc usual workplace of the person in @, or c. An adult (at least l8) who seems to be in charge where the person in ®usually receives mail (but not a U.S. Post Office box), if there is no known physical address for the person in®. and mail-a copy of the documents lefi with one offihe adults in a, b, or. c above to the person in@. - ..,. THEN - Complete and sign this form, and ' Give or mail your completed form to the person who asked you to serve these court papers, In tlmefor theform to beflled with (he court a! least 5 days before the hearing. ® lserved the person in CD a copy of the documens checked below: O a. SC- l 00. Plainnfl‘s Claim and ORDER lo Go to Small Claims Cour! &b- D SC- l 20, Defendant 's Claim and ORDER lo Go lo Small Claims Cour! w c. D Order for examination fl'hisform mus! be personally served. Check Iheform (ha! was served): Note: The court can issue a civil arrest warrant ifthe servedparty does no! come Io court only Iflhe orderfor examination was personally served by a registeredprocess server, :heriflI marshal. or someone appointed by (he court. (l) D SC-l 34, Application and Order lo Produce Statement ofAsseIs and Io Appearfor Examination (2) U AT- I 38/EJ- l 25, Application and Orderfar Appearance and Examination d. D Other (spew).- mmmfmmmmm ProofofService sc-W-sz'; macaw...“nun «aw.nun (Small Claims) Q, J .m: Case Number: 1 9SC07841 1 Case name; Briseno vs. Erkenbrack Fill out "a” or “b" below: a. Personal Service: l personally gave copies of the documents checked in® to the person in ©z On (date):WM- At (lime):EL- . U a.m. p.m. M ms address: 255 N. Market Street, Suite 130 City: San Jose State. CA Zip; 951 IO b. D Substituted Service: I personally gave ccpics of the documents checked in® (a, b, or d) to (check one): D A competent adult (at least I8) at the home of, and living with the person in® , or D An adult who seems to be in charge where the person in© usually works, or D An adult who seems to be in charge where the person in®usually receives mail, or has a private post office box (not a U.S. Post Office box), if there is no known physical address for the person in®. 3"" ' "' ’ l tdldgihéf‘a'dult;"'P[ease give these court papers to (name of person in©" laid this on.(dare).- At (lime): D am. D pm. At this address: City: State: Zip: Name or description of the person l gave the papers to: Aflcr sewing the court papers, l put copies of the documents listed in® in an envelope, sealed the envelope, and put first-class prepaid postage on it. l addressed the envelope to the person in© at the address where l lefi the capies. i.- l mailed the envelope on (date);_____from (city, stale): by leaving it (check ane): a. D At a U.S. Postal Service mail drop, or b.U At an office or business mail drop where I know the mail is picked up every day and deposited with the U.S. Postal Service, or c.D With someone else I asked to mail the documents to the person in @, and l have attached that person's completed Form SC-IO4A. ® Server’s Information 'Na’me‘: Imelda‘Perez Phone: (65012744439 * -‘ Address: P.O. Box 6374 City: Folsom State: CA Zipz95763 Fee for service: $ 85.00 lfyou are a registeredprocess server: County orregismtion: Sacramento Registration number; 2018-6 ‘ ® 1 declare under penalty of perjury under Califomia’state law that l am at least 18 years old and not named in this case and that the information above is true and correct. Date: 04/15/2019 Imelda Perez N /\ Type or print server 's name Server stgns ere aflerMN SC-104, Pogo 2 o! 2Wm.” mom Proof of Service (Small Claims) SC-1 50 Request to Postpone Trial See instructions on other side. ® My name is; PHILLP ERKENBRACK . Mailing addnss; P.O. BOX 1202. SAN JOSE, CA 95108 Phone: l am a (check one): U plaintiff defendant in this case. ® My trial is now scheduled for (date).- 6/7/201 9 ® I ask the court to postpone my u'ial until (approximate date).- EARLY JULY 2019 l am asking for this postponement because (aplain): D [[yaur answer will not]?! in (he space below. check (hi: box and attach your I I u . ' ll h . I Hfifi‘é‘x’fidgfé’a‘fi-E‘Agfifihmw A519 {‘2‘316 $35: ‘0'" WEEKS " ’ mmmthhthMEM. -\ F31 'n tho mun name and snag! eddies: Superior Court of California. County of Santa Clara 191 North First Street San Jose, CA 951 13 Filinyourmonumberandmname: Can Number: Iqseove‘iy Cm Name: EH s-cn’E‘o S . Frkmg’aCH‘ ® [f your trial is scheduled within the next 10 days, explain why you did not ask for a postponement sooner. U Ifyour answer will nolfi! in the space below. check this box and attach your answer on a separate sheet ofpaper. Write “SC- I50. Item 5 " at the tap. © Has your claim been sewed by a method allowed by law? (Seefonn $01048. Mauls "PmofafService"?. far infonnatian about how (he claim can be served. Check and campIete all that apply): D lfyour answer will natfl! in the space below. cheqk this box and attach your answer an a :qarate sheet afpaper. Write "SC-l50. Item 6 " at the lop. a. No. l am a defendant and ha'vc not filed a claim in this case. b- D Yes. The partiw listed below have been served: (l) , who lives in: , was served on: name comma to (2) . who lives in: , was served on: name county dale c. D No. The panics listed below have not been served (list names): (l) (2) d. U I do not know. The court clerk mailed my claim, and l do not know ifthe court received the siped receipt for lilac parties flirt namu): 5' (l) (2) *' l declare under penalty of perjury under the laws of the State of California that th Date: 5/28/201 9 W is true and correct.PHILLIP ERKENBRACK D Sign hereType or print your name Request to Postpone Trial (Small Claims) wmacm-«mw 'mmmmmwramm¢mm§uw¢cth~dmmwm 30-150 Idsjmctions for Form SC-1 50, Request to Postpone Trial (771i: page is notpart ofForm SC-l 50 and does not need to be copied served. orfiled.) Who can use this form? - Anyone who filed' a small claims case and wants to posmone or reschedule the uial for any good reason, including b'ccausc he or she has not served all of the defendants ' t. . - Anyone who was sued in a small claims case and wants to postpone or mcbedule the trial for any good reason Do I have to use this form? No. You may write a letter instead of using dIis form. Your letter should expiain why you want to change your court date and include me other infonnation that is requested on this form. Need help? ' How do l ask for a postponement? - Fill out Form SC-lSO, Request to Posmne Trial, (on the other side of these insu'uctions), or wn'te a letter that includes the information requested on this form. I - Have all other parties in your case served with a copy of your request. You may serve by mail or in person. Use Form SC-104, ProofofService, or Form SC-l 12A, ProofofService by Mail. - File your regumt and the completed ProofofService with the small claims court clerk. You may have to pay a SlO fee, depending on when (or if) the claim was served. Ifyou cannot afi'ord to pay a required fee, see Form FW-OO] -INFO, lnfonnalion Sheet an Waiver of Superior Court Fees and Costs. How will l know the court’s decision? If the court postpones the trial, the court will mail a notice wida the new hearing date to all plaintifl‘s and defendants in this case. If the court does not postpone the trial. the tn'al will be on the date when it is currently scheduled. The coun will notify the person who filed the Request. 1f you do not hear from the court, you should go to court on the scheduled uial date. For fi'ec‘ help, contact your county's small claims adviser: [loal info here] Or go to “County-Specific court Information” at www.courtinfo.m.gav/seUheb/smallclaim: MMtum Request to Postpone Trial 86-150 (Small Claims) SC-1 12A Proof of Service lby Mail ??ggfigml Sec instructions on other side. This form is attached to the document checked in ® below. ® Serves 'nformatio _ Name: 95b: A53: Phone' qog '%Y'7$L’ o Street or mailing address: l 1 l NORTH MARKET STREET #l/Q City: SAN JOSE ' State:CA ZipCodczfiL Check here ifyou arc a registered process server, and write: County where registered:SANTA CLARA Registmtion #2 l 3/obr ® Form or document sewed Form SC-105, Requestfor Court Order and Answer Form SC- 109, Authorization to Appear Form SC-l l4, Request lo Amend Claim Before Hearing Form SC- I33, Judgment Debtor 's Statement ofAssets Form SC-lSO, Request to Postpone Trial Fogm SC-221, Response to Request to' Make Payments Other document allowed to be served by mail (specifi): D Check here Iflhere Ls not enough space below ta list (he document served. List the document on a smratepage, and write “SC-IIZA. llem 2' at the lop. REQUEST TO POSTPONE SMAILL CLAIMS HEARING 0.0 ~s- 999'.» IDDDDDD ® Server's declaration a. I am l8 or older. I am not a party to this small claims case. l live or work in the county where I did the mailing dacribcd below. b. l placed copies of the document'chccked in ® and aniunsigned copy of this page in a sealed envelope, ’ addressed as follows: D Check here ifthere i3 no! enough space below to list all parties Iserved. List their name: andaddrme: on a separate page, and write "SC-I [2A. Item 3 " a! (he tap. Name of patty served Mailing address on the envelope AYELI BRISENO 723 MENKER AVENUE,#2, SAN JOSE,CA 95128 ATRICIA BRISENO 723 MENKER AVENUE,#2, SAN JOSE, CA 95128 c. 0n (date ofmailing): 5/28/2019 , l placed each envelope in the mail, with posMge paid, at (cm and slate ofmailing):SAN JOSEJALIFORNIA I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. oatezsnslzow fl3AMe: ”mic / ServeType orprim server's name l WM“W"'M‘P' Proof of Service by Mail ”'1‘“ ca.m'dc-mu-um (Small Claims) Instructions for Form SC-1 1 2A, Proof of Service by Mail (771i: page is n0!part ofzhe ProofofService and does not need lo be copied, served, orfiled.) Form SC-112A can be used to show the court that these documents were served by mail: ° Form SC-l 05, Requestfor Court Order and Answer Form SC.-109, Authorization la Appear u ..' g - ,. .w Fo'rm SC-l l4, Request to Amend Claim Before Hearing ' ' ' ' ' - ' ' Form 80133, Judgment.Debtor’s Statement ofAsset: Form SC-lSO, Request ta Postpone Trial Form SC-22 I , Rasponse to Request to Make PaymenLt Other documents that are allowed to be served by mail Form SC-11ZA cannot be used to prove service of these forms: - Form SC-lOO, Plaintifl": Claim and ORDER lo Go lo Small Claims Court ' Form SC-I 20, Defendant 's Claim and ORDER (o Go to Small Claims Court For information about serving these forms, sec Form SC-104, ProofafService, and Form SC-l 048, What Is "ProofofService "? The server (the person who will do the mailing): o Must not be a party (plaintiff or defendant) in the case ° May be a fi'icnd, relative, co-workcr, or other helpful person - Must be 18 or older ' Must live or work in the county where the mailing aka place ' ‘ ' Follow these steps to use Form SC-1 12A: l. Prepare Form SC-llZA by filling in: - The case number - The document to be served, in item Q‘ ° The names and addresses ofdac panics to be served, in item w ‘Prepare a separate Form SC-I12Afor each document to be served. 2. Give the server: ' The pam'ally completed Form SC-l 12A - One copy of the document to be served for each party to be served 3. Ask the server to: ' " ' Fill out the remainder of the Form SC-l 12A. - Mail each party Io be served: - An unsigned copy ofthe completed Form SC-l 12A and - The document to be sewed (checked in Item Q). \ 0 Sign a separate Form SC-l 12A for each document served, and give it to back you. 4. File these papers with the small claims court clerk: - The original ofwch document served, with - The signed, on’ginal ProofofService by Mail attached Need help? For free help, oonmct your county‘s small claims advisor: , _ . . - ' [local info here] ' - ' l' Or go to “County-Specific Court Information" at www.courtinfo.ca.gov/se(lh¢lp/smallclainu. ""m'w“ Instructions for Proof of Service by Mail 5°41” (Small Claims) ' MW?!” whenlonnbflod. SC-1 50 Request to Postpone Trial See instructions on other side. . E a- E ® My meis; Phillip Erkenbrack I . ..... , Mailing address: P.O. Box 1202 San Jose, CA 95108 Phone; (408) 277-6700 . I am a (check one): U plaintiff defendant ' in this case, Ffll In tho courtname andstraot addraes: ® My Rial is now scheduled for (date).- 7/1 2/201 9 Superior Court of Callfomia, County ofSANTA CLARA I ask the court to postpone my Rial unfil (approximate date): 191 NORTH FIRST STREET September 201 9 SAN JOSE, CA 951 13 I am asking for this postponement because (mlain): E Ifyour answer will notfit in the space below, check this box and attach your Fill InWeave numbormdass name: h .W‘ "SC-15o,I 4"auh t . cmuuma . l praenflgflgfyarseefiflrgsetseéegéjom tlrr'lua'gée for ea ginfluly, bfitfie 1930075211 cunltseuum flu,” la 2D IE' U” dais :I ”IS SE gEIS 5:”; CmNamb: “'25 ls and I "I“ be I?” 5”“94 m” “'92, r: .5 [:355' Brisenovs. Erkenbrack amok EW fio'fik, a N*N-b arBrce, ® Ifyour u'ial is scheduled within the next 10 days, explain why y'ou did not ask for a postponement sooner. D lfyour answer will natfit in the space below, check this box and attach your answer on a separate sheet ofpapa: Write “SC-150. Item 5 " at the top. © Has your claim been served by a method allowed by law? (Seeform 301048, Wham “ProofofServ!c¢"?, for information about how the claim can be served Check 'and complete a1! that apply): D lfyour answer will notfit in the space below, check this box and attachyourmm an asmte shut oqucr. Write “SC-150, Item 6 " at the top. ~ ‘ a. No. I am a defendant and have not filed a claim in this case. b- U Yes. The parties listed below have been served: l (l) . who livw in: ,was served on: name canny It; (2) . who livw in: , was served on: name county ~ dun c. D No. The pam'es listed below have not been served (list names): (1) (2) d. D I do not know. The court clerk mailed my claim, and I do not know ifthe court received the signed receipt for time parties (list names): _ - (1) (2) _ I I declare under penalty ofpetjury under the laws ofthe State of California that the ' mation above is and comet. Date: 7/1/2019 /Phimp Erkenbrack - v Type orprintyour name ‘ _ Sign here / wmucmmmwv Request to Postpone Trlal 30-150 Nu hmmwm .mwmmwmumummww (Small Claims) Instructions for Form SC-1 50, Request to Postpone Trial (771i:page is notpart afForm SC-lSO and. does not-need to be copied, served, orfiled.) Who can use thls form? - Anyone who filed a small claims case and wants to postpone or reschedule the trial for any good reason, including because he or she has not served all ofthe defendants - Anyonewhowas suedinasmallclaimscascand wants to postpone or reschcdule me trial for any good reason Do l have to use this form? No. You may write a letter instead of using this form. Your letter should explain why you want to change your court date and include he other informafion that is requwted on this form. Need help?® How do l ask for a postponement? - Fill out Form SC-lSO, Request to Pospone Dial. (on the other side ofthose instructions), or write a letter that includes the information requested on this form. - Have all other partiu in your case served with a copy ofyour request. You may serve by mail or in person. Use Form SC-104, ProofofService, orForm SC-l 12A, ProofofService by Mail. - File your request and the completed ProofofService with the small claims court clerk. You may have to pay a $10 fee, depending on when (or it) the claim was served. Ifyou cannot afi‘ord to pay a required fee, see Form FW-OO 1-DIFO, Infomatz'on Sheet on Waiver of Superior Court Fees and Casts. How will l know the court's decision? If the court postpones the trial, the court will mail a nou'ce with the new hearing date to all plaintifl's and defendants in this case. If the court does not postpone the trial, the uial will be on the date when it is currently scheduled. The court will notify the person who filed the Request. Ifyou do not hear n‘om the cofirt, you should go to court on the scheduled u’ial date. If'or fi'ee 1331p, cpnuct your county’s small claims advisor: Or go to “County-Specific court Informafion” at www.courtinfo.ca.gav/selfhelp/smallclam NthMfl Request to Postpone Trial 80-150 (Small Claims) SC-1 12A Proof of Service by Mall Fm Numb“: See instuctions on other side. M This form ls attached to the document checked 1n Q below. ® Server’s Information Name.-phimp-BpkcmmkNam GwaMka phoneW@£)ZW 7099 Street or mailing address P O- Box 1202 City. San Jose . smCA Zip Code:95110 ._ Check here ifyou are arcgistcrcd procms sewer, and write: - County where registeredfianta Clara ' Ram”fies: [$40 ® Form or document served U Form SC-105, Requestfar Court Order andEmer- U Form SC-109, Authqn‘zation to Appear D Form SC-l 14, Request to Amend Claim Before Hearing D Foun SC-133, Judgment Debtor's Statement ofAssets' Form SC-ISO, Request to Poswone Trial D Form SC-22 l, Response to Request to Make Payment: U Other document allowed to be served by mail (spamjfiv): ' U Check here tftherejs' not enough space below to list the document served. List the document on aWpage, and write "SC-IIZA, Item 2 " ax the tap. wrnsvsmpsrp ® Server's declaration a. Iam 18 or older. Iam notaparty to this small claims case. Ih'veorwork 1n the oountywhereIdid me mailmg described below b. I placed copim ofthe document checked in ® and an unsigned copy ofthis page in a sealed envelope, addressed as follows: U Check here xfthere 1's not enough space below to list all parties served. List their name: andhddrma an a separatepage, and write “SC-IIZA, Item 3 " at the top. Name of party served Mailing address on the envelope 'Briseno 723 14¢ Moms 2 64m Seer 6A 7 Briseno c. On (date ofmailing): 7/2120 l9 . I placed each envelope in the mail, with postage paid, at (city and state ofmatltng):san Jose, Califomia I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the information above is u'ue and correct. Date: 7/2/2019 'W W Jmg":ypeorpnnt Server S name mmmw‘mafifwwm‘fim'°" Proof of Service by Mall sc-112A“““mew (Small Claims) Instructions for Form 80-1 12A, Proof ofService by Mail (Thispage is notpart ofthe ProofofService and does not need to be copied, served, orfiled.) Form SC-112A can be used to show the court that these documents were sewed by mall: ° Form SC-105, Requestfor Court Order andAnswer - Form.SC-109, Authorization to Appear Form SC-l 14, Request to Amend Claim Befbre Hearing Form SC-133, Judgment Debtor's Statement ofAssets' Form SC-lSO, Request ta Posmone Trial Form SC-221, Response to Request to Make Payments Other documents that are allowed to be served by mait Form SC-1 12A cannot be used to prove service of these forms: ' Form SC-lOO, Plainnfs Claim and ORDER ta Go to Small Claims Court - Form SC-120, Defendant's Claim andORDER to Go to Small Claims Court For information abom serving thwe forms, see Form SC-l04, ProofofService, and Form SC-l04B, What Ls “ProofofService "? The server (the person who will do the mailing): - Must not be a party (plainfiflor defendant) in the case - May be a fiiend, relative, co-worker, or other helpfixl person - Must be 18 or o'lder . - Must live or work in the county where the mailing mks place Follow these steps to use Form 80-112A: l. Prepare Form SC-112A by filling in: - The case number , - The document to be served, in item ®* 0 The names and addmsses ofthe pam'a to be served, in itemQ *Prepare a separate Form SC-I12Afar each document tor be served. a m9 2. Give 'the server: - The partially completed Form SC-l 12A o One copy ofthe document to be served for each patty to be served 3. Ask the server to: - Fill out the remainder ofthe Form SC-llZA. - Mail each party t0 be served: - An unsigned copy ofthe completed Form SC-l 12A and - The document to he served (checked in Item Q). 0 Sign a separate Form SC-l 12A for each document served, and give it to back you. 4. File these papers with the small claims court clerk: 0 The original ofeach document served, with - The signed, original ProofafService byMail attached Need help? Eorflee help, contact your county's small claims advisor: i .~ ‘ ?_r '. ‘ ._..-.:'.- .447 3.2:?- Ot go to “County-Specific Court Information" at www.courtinfb.ca.gav/selfhe@/mallclm. “WW“ Instructions for Proof of Service by Mail 3°41“ . (Small Claims) Clark stamps horn whoam ls and. Order on Request to Postpone Trial _ o Filed 0,, (dam): JUL 0 2 2019 (7W)_.Qh.m‘p ErkenbracK July 5, 2019 filed a request to postpone the mal m this case. Clerk 0f the Court . Superior Court of CA Th d .e 00““ 0' "5 County of Santa Clara ® m The Request to Postpone Trial is approved. 3nd the CW“ 1930078411 orders the trial is postponed as indicated in ®. - By: ddagnmo ® D The Request to Postpone Trial is denied because: FWhlhocoMnam-andmaladdnw a. U The Request did not include a good reason for the postponement. b. U The Request was not filed at least l0 days before the hearing S and did not include a good reason for the late request. caipfg‘l’figgfl C- U The required $10 filing fee was not paid. girl] N. First St. d. D Other: Jose' CA 95’ ‘3 Superior Court of Callfomia. County of Fill In your case number and as.um: ““1"Q”§co78t+1 I Clso Name: D Continued on Anachmem SC-ISZ. item 2(4). ® The trial will be held as follows: THRLQ TH: I AQT f 8/27/2019 1.00. _ . pm 15 CONTINUANCE grits: Tm- P‘P"---FOR THE DEFENDANT. 3 e Name and address ofcoun ifdtferem Ihan address above: captioning, or sign language interpreter services are available ifyou ask al least five days before the trial. Contact the clerk's office for Request/br Accommodation: by Person: With Request for Accommodations Assisdvc listening systems, computcr-assisted rcaI-time L2! ‘ Disabililin am! Response (Form MC-4l0). (Civil Code, § 54.8) k ® The clerk will mail a copy of this order to: a. D The person who asked for the postponement. b. M All plaintiffs and defendants at the addresses listed in the c u ’ records. Date: Sim“:7m” “:33 PM flldicial omdU Commissioner Jillién Laxton Need help? For free help, gmact éouy mung? small claims advisor: Um. info hmlmall- lalms A vusor (408) 882-2100. (Options 2. 6) Or go to “County-Specific Court Informétion" at mm.courtinfo.ca.gov/seljheIp/smallclainu meanddmmmaw Order on Request to Postpone Trial sc-152MM L 2010. 09m Fan . commamam. smm (Small Claims) SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA DOWNTOWN COURTHOUSE 191 Noam FlasrSTREEr SwJost, CAuromuA 95 1 13 OWE DIVISION RE: Nayeli Briseno st al vs Phllllp Erkenbrack Case Number: 1986078411 PROOF OF SERVICE Order on Request t6 Postpone Trial filed 7I5I19 was delivered to the parties listed below the above entitled case as set forth In the sworn declaration below. If you, a party represented by you. or I witness to be called on behalf o! that party need an accommodation under tho Amman wlh Disabilities Ad. please coma the Court Administrator's office at (408) 882-2700. or use the Court‘s TDD [Ina (408) 882-2890 or the VoioelTDD Cal'rfomla Relay Service (800) 735-2922. DECLARATION OF SERVICE BY MAIL: I declare that I sewed this notice by enclosing a true copy in a sealed envelope. addressed to each person whose name is shown below. and by depositing the envelope with postage fully prepaid. In the United Shin Mai! at San Jose. CA on July 05. 2019. CLERK OF THE COURT. by David Dagnlno. Deputy. cc: Nayeli Briseno 723 Menker Avenue #2 SAN JOSE CA 95128 Pamela Briseno 723 MenkerAvenue #2 SAN JOSE CA 95128 Phillip Erkenbrack 255 N Market Street Suite 130 SAN JOSE CA 95110 W7 REV 12103110 PROOF OF SERVICE j (DmVGOI-th.-s NMNNNNA-L-LAAA . m-wa-soomqmmnafifia‘ Phillip ErkenBrack dba Court Services Unlimited P.O. Box 102 San Jose. CA 95108 (408) 277-6700 Defendant In Pro Per SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA ~ Nayeli Briseno CASE No.1 Patricia Briseno 1980078411 PlaintifflPetitioner. ' MOTION FORPEREMPTORY DISQUALIFICATION AND AFFIDAVIT IN SUPPORT OF vs. PEREMPTORY CHALLENGE DATE OF HEARING: 8/27/2019 Phillip ErkenBrack TIME OF HEARING: 1:00 PM dba Court Services Unlimited DEPARTMENT: TBA Defendanthespondent. TO THE PRESIDING JUDGE ORVCOMMISSIONER: 1. I am the Plaintiff in the above entitled matter and that the trial or motion ofthe above entitled matter involves a contested issue oflaw or fact. 2. I am requesting that no further hearings or motions be heard by or assigxed to the Honorable Commissioner Copeland, on the grounds that said Commissioner is prejudice against 3. Irequest that ifany hearing or motion is scheduled Ito be heard by said Commissioner Copeland that said motion or hearing be reassigned to another commissioner as soon as possible in accordance with CCP l70.6(a)(4). This the first and only such motion made by the defendant in this action. This motion is based on the matters contained herein, on the Code of Civil Procedure MOTION FOR PEREMPTORY DISQUALIFICATION AND AFFIDAVITm SUPPORT 0F PEREMPTORY CHALLENGE PAGE l OF 2 mmflOmAwN-s MNMNNNAA mAuN¢oooo3333$.K33-o‘ Section 170.6, and on the supporting amdavit under the Penalty of Pexjury ofthe defendant attached hereto and filed herewith. WHERBFORE, I pray that the relief herein requested be granted. Date: AW 21, 2019 Phillip Erkanrack dba Court Services Unlimited Defendant In Pro Per TINSUPPORT F EREMPT R CHALLE The undersigned, says that: That I am a party to the Within action. It is my understanding that the Honorable Copeland, a Commissioner at the Santa Clara Small Claims Court may be assigned to hear a motion or vial in this case. 1am now filing this motion as soon as possible as I feel Commissioner copeland is prejudice against my interest so that I cannot or I believe that I cannot have a fair and impartial trial or hearing before this Commissioner. I declare under the penalty ofpexjury under the laws of the State of California that the foregoing is true and correct. _ Date: $212019 I- ; é Philli'p’ErkenBrack dba Court Services Unlimited Defendant In Pro Per MUHON FOR PEREMPTORY DISQUAL CATION AND AFFIDAVIT IN SUPPORT OF PERBMPTOR CHALLENGE PAGE 2 OF 2 Request . This form is used to ask the court to make an ordcrbefore oraficr the uial m a small claims case. The court willnofifi all plainfis and defendants in this case about is decision by mail, at file m‘al, or at a hearing (depending on when the requwt is med). Ifyou are the person asking the court to make an order. ask the Small Claims Adviser ifthis 1's the right form for the find oforderyou want. If so, follow these steps: . ° Fill outpage 1 ofthis form and file it at the clerk’s ofice. (Small Claims) Request for Court Order and Answer I dedtsbtmsdatehemnfieabm'sm ILE AUG 2 1 2019 ‘ - Ifyou are maldng this requat befin'e your trial, yon must mail (or deliver in person) a copy ofthis form to all other plaintifi and defendants in your case. Exception: Ifthe plaintifi‘s claim has not been served, you do not have to serve this request on the other plaintifi and defendants 3n your case. - Ifyou are mah'ng this request aflerthejudgc has decided your case, the clerk will mail a copy ofthis form to all otherplainfi and defendantsm Hhmdnmandmw ’ Court cf Gallic of?gtgor mla, County I91 North First Street San Jose, CA 95128 your case. The court will give the otherplaintiffi and defendants at least IO days to answer this Request. If you receive this form, read below, then fill out®-.on page 2. ® The person asking the court to make an order is: Name: Phillip Erkcnbrack Adams; P.O. Box 1202, san Jose, CA 95108 Check one: D A defendant in this case B A phintifiin this case D Other (aplain): Whyoarme nutnberlndasomobelow: Case Number: I9SC07841 l use Name: - Briseno Vs.E&enbrack a- §aaa§gfi Bn’scno, b, Patricia Bn'scno c. Notice t0: (List namesand'addrmofal!otherdefendant: andpfainrfis bxyour caxe.) A 7§gxfienkcr Avenue, Uniwz, san Jose, CA 95128 72-3 Menker Avenue, Unit #2, San Jose, CA 95128 l ask the court to make the following order apeafiy: D Checkhem y'you needmoresche. UseForm MC-03I oraplain sheer afpapa: Write "86-105, Item 2'03 (ofi. Ifyou: requwt is made before the trial and aflcr the claim was served, ml out below: I mailed U delivered in person a copy ofthis form to everyone listed in® on (date): 31345" To issue an order to dismiss this case because I have an arbiuation agcemcnr. U Check here y'you'needmorespace UseFarmM0031 ar aplaz'n sheeraqua: Write 'SC-105, Iran 3"on'mp. l ask for this order because (apron andgivefacu ofyourme hem): The plainfifi‘and I entered into an arbitration agreement. As such it is my understanding that we cannot sue eacfi omer untu tins matter goes to arbltrahon nrst. see attached agreemenL D Check here Ifyvu needmoremac: UseFormM6031 oraplain sheet afpaper. Write ”SC-105, Ital: 4"on mp. holds a hearing, the evidence presented at that hearing. ® In maldng its order, I ask the court to consider the informau'on on this form, any records on file, and, ifthe court I declare underpenalty ofpezjm'y under California state law that the information above and on all attachments is true and correct. Daze: 812M019 WPhillip Erkenbmck } Type 0rpn'ntyourname 31-511yourMnemmuWMMQMwmtmfiflmfmmawmstmmcmmmdmmw (Small Claims)Request for Court Order and Answer 30-105, Pay. 1 of29 SC-105 Answer I The person listed in® on page I oftln's form has asked the court to make an order in your small claims case. (Small Claims) Follow time steps to tell the court what you want to do about this reqtmt: ° Read page l to sec what the person x’n ®i‘s ash'ng for. - Fin om®-. below. 0 Mail your completed form to the court right away. o Man a copy ofan's form to each plainun‘and defendant listed in(D and ® on page 1 ofthis form. The courtwill mail its decision to all plainfifi and defendants in this case or will make a dccision at a court hearing or nial. Ifyou do nothing, thecommaymake the order without hearing fiom you. ® The person filing this answer Is: Name: Address: ¥ Check one: D A defendanth this case D A plaintffi‘in this case Tell the court what you want to do about this request. (Check all that appb): a. D I agree to the orderrequwted in@. b. U I do notagree to the order requested fn©. (Explain below) Request for Court Order and Answer MWMMQWMISM marcommameandmuam Supedor Court «California, County of Santa Clara 191 North First Sweet San Jose,CA 95128 thyaurasenumbermdassmbelow. Case Numbu: I9SC07841 I Case Name: Briseno Vs. Erkenbtack D Check here {fyou needmorespace. UseFarmM0031 oraplain sheet afpaper. Write "$0105, Item 8'07: mp. c. U I ask the courtto have aheating to decide this matter. Imailcd a copy ofthis form to everyone listed in© and® ofthis form on (date): t I declare underlpena'lty ofpeg‘ury under California state law that the information above and on all attachman 1's true and correct. Date: ) 757a orprintyourname Signyourname Need help? [fthe request onpage I was madeMar the hearing, Forfi'ee help, contact your county’s Small the cterkfills- out below. Claims Adviser: - Clerk’s Certificate ofMailing- I ccrtifi that I am not Evolved Tn this case and (check one): D Aocnificme orMaiIingisamcned. Or, go to "County-Specific Com: Information" at www.courfinfosagav/selfhelpkmallcfaim D TheRequestfar Court OrdermdAn.ma'was mfledfistclaaposugepmtoallpaxfiesatme addmss listed in . On (dare): From (cig'): , California C163, .bY o Deputy Wm'-m Request for Court Order and Answer sc'm5'“9‘2“2' (Small Claims) TERMS AND CONDITIONS \ SERVICE OF PROCEss- When you hire Court Services Unlimited to serve your documents. the services you have hired us for are completed aflerwe either serve the party and prepare a proof of service orwe were not abie to serve the party because the party to be sewed was no longer lomted at the address provided and we provide a declaration of bad address. Customer understands that it is their responsiblilty to make sure that the proof ofservice is filed five days before their court date. REQUEST FOR STATUS- Customer understands and agrees that a_fher hiring Court Services Unlimited that they have an appointment to come Into our office TWENTY ONE DAYS after they hire CSU and SEVEN DAYS before their court date to obtain a copy of the documents stated above and to go over their use. Customer also u‘nderstand and agrees that If the customer wants to set up another appointment either in person or over the phone to go over the status of their wse that there will be an additional charge of $20.00 for each 15 minutes spent with the customer going over their case. Said charges are bifled at a minimum of $20.00. CANCELATION 0F SERVICES- The customer undershnds and agrees mat after they have hired Court Services Unlimited serve their documents. that If they decide to cancel the services. that there are no refunds. MEETING WITH THE CUSTOMER BY APPOINTMENT ONLI- The customer understands and agrees that if they want to pickup documents or go over the services that they have himd Court services to perform. that they must setup with an appointment. CODE OF CONDUCT- Both the Customer and Court Services Unlimited agree m always treat one another with reSpect at all times. If either party engages In any of the conduct stated below. it ls agreed by an parties the other party may terminate this contract Immediateiy. It ls agreed by all parties that. Court Services Unlimited may terminate this contract at any time if the customer violates the terms of conduct stated below. lf the contract is terminated. then all parties agree that mare shall be no refund to the customer even if the services have not yet bean completed. If the customer terminates the contract beause someone at Court Services Unlimited violated these terms of conduct. all parties agree that Court Services shall stop working on the case and refund all monies for services not yet completed. TermsICOde of Conduct Abusive behavior- Neither party shall yell stream. curse. threaten, or intimidate the other patty Shall not show up to the offices of CSU unannounced or refuse to leave when asked. Shall not physically threaten anyone at CSU or members of their family. Threaten to sue or sue the other party without first having the said dispute arbmated as stated below. +9»:- ARBITRATION Any controversy or claim arising out of or relaflng to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with l8 Commercial Arbitration Rules [Including the Optional Rules for Emergency Measures of Protection]. The arbltration hearing shall take place In Sana Clara County before a single arbih’ator. Judgment on the award rendered by the arbltator may be entered in any court having jurisdlcflon thereof. Date:lllfil___20\8' LA NAYELI R ENC i SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Nayeli Briseno et al vs Phillip Erkenbrack Hearing Start Time: 1:00 PM Hearing Type: Claim: Plaintiff and ”$078411 Defenda nt Date of Hearing: 08/27/2019 Comments: Heard By: Ellis, Terry Location: Department 15 Courtroom Reporter: Courtroom Clerk: Kathy Davidson Patties Present: Court Interprete r: Court Investigator: Future Hearings Briseno, Nayeli Plaintiff Briseno, Patricia Plaintiff Erkenbrack, Phillip Defenda nt Exhibits: - ER: 1:20 pm. ALL parties present are SWORN to testify. The PLAINTIFFS are assisted by a COURT CERTIFIED SPANISH TRANSLATOR [Aleja ndro Lara ]. Phillip Erkebrack appears on behalf of the DEF/ PHILLIP ERKENBRACK [DBA: COURT SERVICES UNLIMITED ]. The DEF does NOT STIPULATE to the JPT. Matter is therefore CONTINUED to a NON-STIP CALENDAR ( as stated on the record ): 10/08/2019 AT 1PM IN DEPARTMENT 15. All pa rties are notified in open cou rt of said continuance. No further notice will be issued. Flagged for follow up. Printed: 8070019 0807/2019Chintflahuflflndbefinmll-I9SC0784H Ptselofz SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Primd: 8/270019 08/27/2019 Claim: Halmifl'lnd Defendanl - 198m7841l Page 2 ofz 80-109 Authorization to Appear This form is used to tell the court you are authorized to appear for a plaintiff or defendant in a small claims case. You may also use this form to ask the court for permission to help a plaintifi‘ or defendant who cannot properly Speak for himselfor herself. You cannot appear for a defendant or plaintiff ifyour only job is to represent him or her in small clafms court. lfyou are a lawyer, you can appear only as authorized by section I l6.530 ofthe Code ofCivil Procedure. Fill out@-@ on this page. then file it with the small claims clerk at or before the trial. ® List the name, address. and position of the person appeaflng: Nam, phuhp ErKenBmcK Address: P-o 50x I202 Sam 16:9, c.A’ QSIOE Job title or relationship to the defendant or plaintiffy'ou want to appear for: opuwcr- ® Who are you appearing for?8 A defendant in this case (name): Ph Hm grvfioxgrzck E A‘ plaintiff in this case (name). ./ @) “wine'- GTV>@ ?bnr stamps dale hora when bun Is mod. FELE AUG 2 7 2019 Fill in court name and slantom”: Superior Court of California. County of I a l N ‘ 5173+ afar 9m ffi-c‘ GA’ 46H 3 Fm In your cuss number and cu. name below: Case Number: ‘QS'C’O'7 8‘! I I Case Name: ® Tell us about the defendant or plaintiff you are appearing for. l am appearing for a (check one): U Corporation and I am an employee, officer, or director ofthat corporation. D Partnership and l am an employee, ofi'lcer, director, orpartner of that partnership. D Other business (not a corporation, partnership, or sole’proprietorship) and I am an employee, ofi'lcer, or director of that business. U Government agency or other public entity and l am an employee, officer, or director ofthat agency or entity. D Sole proprietorship and I am an employee of that business. l am qualified to testify about business records made in the regular course of business at or near the time of the event. The content of the business records is the only issue in this case. (Evidence Code. § 127]). D Plaintiffwho was assigned to out-of-state active duty in the U.S. armed forcw for more than 6 months aflcr filing this claim. l am not being paid to appear. l have not appeared in small claims court for other people more than 4 times in this calendar year. D Defendant or plaintifl' who is in a jail, a prison, or another detention facility now. l am not being paid to appear. l have not appeared in small claims court for other peeple more than 4 times in this calendar year. D Owner of rental property in California who employs me as a prOpcrty agent. This claim is about the rental property l manage. D Association created to manage a common interest development and I am an agent, management company rcprcscntativc, or bookkeeper for that association. D Husband or wife and my spouse and I are both listed on this claim and agree that either spouse can appear for the other. a Other (”Piaf"):gphc/ a‘Q’ Clam“?W duh»? ® I declare under penal ogperjury under California state law that the information above Is true and correct. Date: g 12 :2] Qk \\TQ firfiwm } W Type or prim your home Sign your nbn‘é mmmcm.mmwv Authorization to Appear 86-109, Page 1 0Hmmfiffimm (Small Claims) /W ® ’Pu. \rLT-p‘ W Sn. lw. ‘ (\- r .-- \D‘nth. A Ir). 4‘1. e'\ SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Nayeli Briseno et al vs Phillip Erkenbrack Hearing Start Time: 1:00 PM Hearing Type: Claim: Plaintiff and 19$C078411 Defendant Date of Hearing: 10/08/2019 Comments: Heard 8y: Laxton, Jillian Location: Department 15 Courtroom Reporter: Recording Electronic Courtroom Clerk: Mark Rosales Court Interpreter: Court Investigator: Parties Present: Future Hearing: Briseno, Nayeli Plaintiff Briseno, Patricia Plaintiff Erkenbrack, Phillip Defendant Exhibits: - ER Time 2:02 p.m. The parties are sworn. The Plaintiff's utilize the services of the Spanish Interpreter. Alejandro Lara, Spanish Interpreter, is present in Court. The following exhibits are marked for identification and admitted into evidence: Plaintiff's Exhibit l-Misc. Documents including copy of a Request for Entry of Default. Defendant's Exhibit A-Misc. Documents After considering the testimony and exhibits of the parties, the Court takes the matter under submission. The exhibits will be returned to the parties with the Courts decision. Primed: 1mm IWZOI9 Claim: HnimifinndDefendam - WWII Pip] d2 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Primed: IMHO” IWIOW Claim: HaimifiuflDeferdlm-Emu MZOfZ kVQaaQ (1036 iv .. _ 1 SUFERIORo‘COURT OF CALEORNIA 1 98 00 8 1 3 o 191 N. IST STREET,SAN JOSE, CA 951 13 SMALL CLAIMS CASE No; lgsco78411 [WWWMWWWWUUUW I [mmmmmmmw I 86-140 NAYELI BRISBNO . PHILLIP ERKENBRACK 723 MENKER AVENUE, U'Nrr#2 255‘N0RTHMARKETSTREET3130 SAN JOSE, CA 95128 SAN JOSE, CA 951 10 TWNO: WW [FATTRICIABRISENO I |_- _' 723 MENKERAVENUE, UMT#2 SAN JOSE, CA 95128 wk _] Mud; E See attached sheet for additional platnmrs and defendants. NOTICE OF FILING NOTICE OF APPEAL TO: Plaintiff (name): NAYELI BRISENO; PATRICIA BRISH‘IOD Defendant (name): Your small claims case has been APPEALED to Hie su- perior court. Do not conmct the small claims court about this appeal. Tho superior count will notify you of the date you should appear In court. The notice of appeal ls set nores en su caso ha sidq APELADA anlela aorta supen’or. No se pangs en aochto con [a corte para reclamos [udldales menares seems de esta apelacién. La code su- perior Ia notificarala fecha en que usted debs presenbrse forth below. ante ella. E avisa/dila apelaainWnuacidn. Dane; NOV 07' 2019 Clerk.wk? N3M .Depulv I O OF v N TICE APPEAL . . E. Martinez I appeal to the superior court. as provided by law from- the small claims ludgment or a the denial ofthe motion to vacate the small dalmsjudgment. mmmWfiv-wzms I ’ _ wwPHILLIP ERKENBRACK (TYPEORPmflrm . @lwmwmmmm D l am an Insurer ofdefendant (name) in this case. Thejudgment against defendant exceeds $2,500, and the policy of insurance with the defendant covers the matter to which thejudgment applies. DWWW ' WWW!) CLERK‘S CERflFchTE OF MAILING Iwmythat ' 1. lam note party to this action. 2. This Notice of Filing Notice of peel and Notice ofA pqal were mailed first class. postage prepaid. In a sealed envelope toE plum Nougat" "SFnO‘VP 0&5" 3"”D defendant atthe address shown above. 3. The mailing and this catfificatian oocurmd at (place): San SOS 8. . California.9mon (date): NOV 07 2019 Clerk. by x / .09M L\ mm"Wow NOTICE 0FAPPEAL E. Martinez \ W313”‘w”.m-ykm (Small chm) MC-040 . "rower ca Harv wm-qou'r anon»?! mam. smv5am“. arc mm): FOR comruss ONLY Mum: Baseno a FILEDH02 S. Al madam Au: 5cm Jose CA GS” TELJWONE.«O(Lpg) 5 I2 q: q? wwo r0::cm} NOV 1 8 2mg E ““L “”3535 "°""°"‘7’ |I O “\Gn526 mil- COM . u n ArromeY FOR (Nara ' 3 wm‘umm SUPERIOR coum 0F CALIFORNIA. cgurmr 0F r» /"\\ 513557 ADDRESS: u e - mums Awaass 191pNnoFrirCst0‘gz’CNHDMam L CITY AND ZIP COCE a emcmw: 88" J°s° CA 95113 4E I . s \ . CASE 136R: ' PWNTIFF/Pamonsaz NQHfi‘t 9 thic‘q BHS'COO lgscoa| 3 O ‘ DEFENDANTIR:SPONDENT. Pk“ l ‘p Eymn meK. JucapLOFFlcsa; NOTICE 0F CHANGE 0F ADDRESS 0R OTHER ”E” CONTACT INFORMATION 1. Please take notice that. as of (data): H /19 IZO tqm the following self-represented party orD the attorney for. a. D plaintiff (name): >b. a defendant (name): c. E petitioner (name): d. D respondent (name): e. E other (describe): has changed his or her address for service of notices and documents or other contact information m the above-capuoned action. Li A list of additional parties represented is provided in Attachment 1. 2. The new address or other contact infon‘nation for (name): is as follows: a. Street: H02 S A‘maden Am. | b. City: San 5o$€ l c. Mailing address (if different from above): d- State and zip code: (A GS l l 0 e. Telephone number: (qog) 5‘2 q q Q Z f. Fax number (if available): g. E-mailaddress(ifavanable): Mianaan 6 gmai I - COM 3. All notices and documents regarding the action should be sent to the above address. Date: Hll?) zblq- (TYPE OR PRINT NAME! (SIGMA RE OF PARTY 0R A ORNEY) Puguolz Fagg‘wgfgfdo‘gggg NOTICE 0F CHANGE 0F ADDRESS 0R OTHER cumsmmmmws "cow{Runway i. 2m! CONTACT INFORMATION “mm” MC-040 PLAINTIFFIPETITIONER Mayo ti i pahd aka Bri svnp WWW DEFENDANT/RESPONDENT: ?n; n; p ‘5 y )L-Cthadé \ q S (/0 8 I 3 0' PROOF OF SERVICE BY FlRST-CLASS MAIL NOTICE 0F CHANGE 0F ADDRESS OR OTHER CONTACT INFORMATION (NOTE: Thls page may be used for proof of service by first-class mall of the Notice of Change of Address or Other Contact Information. Please use a different proofof service, such as Proof of Service-Clvil (form P084140), ifyou serve this notice by a method other than first class-mail, suph as by fax or electronic service. You cannot serve the Notice of Change of Address or Other Contact Information ifyou are a party In the action. The person who served the notice must complete this proof of service.) ~ 1. At the time of service. l was at least 18 years old and not a party to thls action. 2. l am a resident of or emp:oyed in the county where the mailing took place. My residence or business address is (specify): H02 S. Awhadon A110 Sah‘JDS-a OA’ ‘lSHO- 3. l served a copy of the Notice of Change ofAddress or Other Contact Information by enclosing it in a sealed envelope addressed to the persons at the addresses listed in item 5 and (check one): a.a deposited the sealed envelope with the United States Postal Service with posmge fully prepaid. b.D piaced the sealed envelope for collection and for mailing. folzowing our ordinary business practices. I am readily familiar with this business's pracu'ce for collecting and processing correspondence for mailing. On the same day correspondence is placed for collection and mailing. it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. ' 4. The Notice of Change ofAddress or Olher contact Information was placed in the mail: a. on (date): ll] lg] 20\q b. al cit' and state :( l ) Sah T086 C/‘V' The envelope was addressed and mailed as follows:9| a. Name of person served: c. Name of person sewed: p w. Hip Erkehpraok Streetaddresszzg Norm MQYM ‘+- Streetaddress: City: S aw n‘o 3% [5° City: State and zip code: C k ‘ qs \ \0 State and zip code: b. Name of person sewed: d. Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: D Names and addresses of additional persons sewed are attached. (You may use form POS-030(P).) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ?fida Monqum > amen.w- mPEmmmWroeaJ-mn U (mmwomflw) “CWR”~W‘-z°”l Monce 0F CHANGE 0F ADDRESS "m“ 0R OTHER CONTACT INFORMATION SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER N. Briseno et al vs P. Erkenbrack Hearing Start Time: 8:45 AM 19$C081301 Hearing Type: Hearing: Small Gaims Appeal Date of Hearing: 01/17/2020 Comments: Heard By: Monahan, William Location: Department 16 Courtroom Reporter: - No Court Reporter Courtroom Clerk: Felicia Samoy Caurt Interpreter: Court Investigator: Parties Present: Future Hearing: Briseno, Nayeli Respondent/Plaintiff Briseno, Patricia Respondent/Plaintiff Erkenbrack, Phillip Defendant/Appellant LXbi-biEéa - All parties are sworn. Plaintiffs/Respondents assisted by Spanish Interpreter, Alejandro Lara. Plaintiffs/Respondents presented as Exhibit 1 several documents referenced its use. Defendant/Appellant presented as Exhibit A several documents referenced its case. Court hears from both parties and takes the matter under submission. Exhibits ordered to be returned to the submitted parties with copy of the Decision Printed: ll|7f2020 Olll7l2020 Hearing: Snull Chins Appell - ”8&8le Pup I of2 SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA MINUTE ORDER Primed: lll7mm 0|Il7l2020 Healing: Snail Claim Appeal - 19808801 Plpz of2 SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA MINUTE ORDER N. Briseno et al vs P. Erkenbrack Hearing Start Time: 8:45 AM 195C081301 . Hearing Type: Hearing: Small Claims Appeal Date of Hearing: 01/17/2020 Comments: Heard By: Monahan, William Location: Department 16 Courtroom Reporter: - No Court Reporter Parties Present: Briseno, Nayeli Respondent/Plaintiff Briseno, Patricia Respondent/Plaintiff Erkenbrack, Phillip Defendant/Appellant Exhibits: Courtroom Clerk: Court Interpreter: Court Investigator: Future Heaflm: Naomi Matautia - All parties are sworn. PIaintiffs/Respondents assisted by Spanish Interpreter, Alejandro Lara. Plaintiffs/Respondents presented as Exhibit 1 several documents referenced its mse. Defendant/Appellant presented as Exhibit A several documents referenced its case. Court hears from both parties and takes the matter under submission. Exhibits ordered to be returned to the submitted parties with copy of the Decision Primd: Ill7m OI/ITIMOHeuing: Snail Claim Appeal - 19508130! Pap] d2 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Primd: lll7l20m OIIITROZOHuring: Snull Cllims Appeal - 1980880] P192 of2 - SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER N. Briseno et al vs P. Erkenbrack Hearing Start Time: 8:45 AM 195C081301 Hearing Type: Hearing: Small Gaims Appeal Date of Hearing: 01/17/2020 Comments: Heard By: Monahan, William Location: Department 16 Courtroom Reporter: - No Caurt Reporter Courtroom Clerk: Naomi Matautia Caurt Interpreter: Court Investigator: Parties Present: Future Hearing: Briseno, Nayeli Respondent/Plaintiff Briseno, Patricia Respondent/Plaintiff Erkenbrack, Phillip Defendant/Appellant Exhibits: - All parties are sworn. Plaintiffs/Respondents assisted by Spanish Interpreter, Alejandro Lara. PIaintiffs/Respondents presented as Exhibit 1 several documents referenced its mse. Defendant/Appellant presented as Exhibit A several documents referenced its case. Court hears from both parties and takes the matter under submission. Exhibits ordered to be returned to the submitted parties with copy of the Decision Primd: lll7mw 0|ll7f2020 Hearing: Smll Claim Appell - 198081301 Pap! of2 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Prinld: l/l7m20 Olll7l2020 Hearing: Smll Claims Appeal - l9m1301 Pip 2d2 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER N. Briseno et al vs P. Erkenbrack Hearing Start Time: 8:45 AM 19$C081301 Hearing Type: Hearing: Small Claims Appeal Date of Hearing: 01/17/2020 Comments: Heard By: Monahan, William Location: Department 16 Courtroom Reporter: - No Court Reporter Parties Present: Briseno, Nayeli Respondent/Plaintiff Briseno, Patricia Respondent/Plaintiff Erkenbrack, Phillip Defendant/Appellant Exhibits: Courtroom Clerk: Court Interpreter: Court Investigator: Future Hearing: Naomi Matautia - All parties are sworn. PIaintiffs/Respondents assisted by Spanish Interpreter, Alejandro Lara. Plaintiffs/Respondents presented as Exhibit 1 several documents referenced its mse. Defendant/Appellant presented as Exhibit A several documents referenced its case. Court hears from both parties and takes the matter under submission. Exhibits ordered to be returned to the submitted parties with copy of the Decision Primd: lll7mw Olll7/2020Heuing: Sulll Chins Appeal - l9S®8l30| Pip] d2 SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA MINUTE ORDER Primd: lll7mm Olll7lm0HeIling: Sulll Claim Appell - l9ml30l Plpz d2 SUPERIOR COURT OF CALIFORNIA F I L E D COUNTY 0F SANTA CLARA Date DEFENDANT/APPELANT: Phillip Erkenbrgck . o RE'BECéflkfiMI 1N: G dba Court Services Unlimited Chiersxecutive omcer Clerk COUNSEL: Su rior Court ofCA ADDRESS: 255 North Market St. #1 30 n Ofsan C'm San Josc,CA 95110 B f PLAINTIFFS/RESPONDANTS: Nayeli Briscno/ Patricia Briseno y' ' Deputy COUNSEL: ADDRESS: 1102 S. Almaden Ave. San Jose, CA 951 10 Decision on Submitted Matter JUDGMENT AFTER TRIAL DE NOVO FROM JUDGMENT OF CASE NUMBER: 188C081301 THE SMALL CLAIMS COURT NOT REPORTED CLERK: Naomi Matautia An Appeal from a JUDGMENT of the SMALL CLAIMS COURT OF SANTA CLARA COUNTY LIMITED COURT, STATE OF CALIFORNIA, duly came on for hearing before HONORABLE-WILLIAM J. MONAHAN, Judge of the Superior Court, in Courtroom No. l6 on Jmm' l7, 2020. The Appellant g APPEARED D DID NOT APPEARD BY/WITH COUNSEL. and Respondents a APPEARED D DID NOT APPEARD BY/WITH COUNSEL. E Evidence having been adduced and the cause argued and submitted to the Court for decision: It is ORDERED, ADJUDGED AND DECREED thatjudgment is rendered, as follows: E PLAINTIFFS/RESPONDENTS NAYELI BRISENO AND PATRICIA BRISENO SHALL RECOVER FROM DEFENDANT/APPELLANT PHILIP ERKENBRACK, dba COURT SERVICES UNLIMITED $385.00 PLUS $160.00 COSTS FOR A TOTAL JUDGMENT OF $585.00 . D TI-E APPELLANT, HAVING FAILED TO APPEAR, THE APPEAL IS DISMISSED. THE CASE IS RETURNED TO LIMITED JURISDICTION PURSUANT TO CCP 116.795. E EXHIBITS ARE ORDERED RETURNED TO THE PRESENTING PARTY. E EXHIBITS ARE ORDERED RETURNED TO THE PRESENTING PARTY AND MAILED WITH THE COPY OF THIS JUDGMENT. D OTHER: Exhibits remaining in the custody of the clerk of the court 60 days after the date of this,9 ill be desuoyed. Dated: 1/1 7/2020 NOTICE OF ENTRY OF JUDGMENT and CERTIFICATION OF MAILING I certify that l am not a party to this action, and that a true copy of this Judgment was served by first class mail, postage prepaid, addressed as shown above and mailed on the date shown below. Notice is hereby given that judgment in the above entitled matter was entered pursuant to CCP 668.5 on the date shown below. REBECCA FLEM 'G, CHIEF EXECUTIVE OFFICER/CLERK Dam: J AN 1 7 202° By ' Deputy N. Matauha SUPERIOR COURT 0F CALIFORNIA COUNTYOFSANTA CLARA F I L E D PLAINTIFF: NAYELI & PATRICIA BRISENO JAN 1 7 zoza DEFENDANTS: . I rk of PHILLIP ERKENBRACK 3y UU- 2 Al NOTICE 0F ENTRY 0F JUDGMENT AND CASE N0-= CERTIFICATE 0F MAILING 19SC081301 By order of the court and pursuant to CCP§ 664.5, notice is hereby given that the judgment in the above-numbered and entitled action was entered on the date, Janm l7, 2020, the judgment was filed and that the same is now of record and on file in said action. Dated: January l7, 2020 SANTA CLARA COUNTY CLERK, By NAOMI MATAUTIAw/ Deputy CLERK’S CERTIFICATE OF MAILING: I certify that I am not a party to this action and that a true copy of this document was mailed first class postage prepaid in a sealed envelope addressed as shown below and the document was mailed at San Jose, California on Janugg 17, 2020 REBECCA FLEMING. CHIEF EXECUTIVE OFFICER By NAOMI MATAUTIAJM/ Deputy Nayeli Briseno Philip Erkenbrack 1102 S. Almaden Ave. 255 North Market SL, #130 San Jose, CA 95110 San Jose, CA 95110 Patricia Briseno 1102 S. Almaden Ave. San Jose, CA 951 10 NOTICE 0F ENTRY OF JUDGMENT AND CERTIFICATE OF MAILING ‘ ' ' SUPERIOR COURT 0F CALIFORNIA F I L E DCOUNTY OF SANTA CLARA Date. DEFENDANT/APPELANT: Phillip Erkenbrflck I . REBEC MING dba court services unlimited Chief Executive Officer Clerk COUNSEL: Su erior Court ofCA ADDRESS: 255 North Market St. #130 n 0fSant Clam San Jose, CA 95110 B (PLAINTIFFS/RESPONDANTS: Nayeli Briscno/ Patricia Briseno y' Deputy COUNSEL: ' ADDRESS: 1102 S. Almaden Ave. , San Jose, CA 951 10 DCCISiOfl on Smemed Mater JUDGMENT AFTER TRIAL DE NOVO FROM JUDGMENT OF CASE NUMBER: 188C031301 THE SAVIALL CLAIMS COURT NOT REPORTED CLERK: Naomi Matautia An Appeal from a JUDGMENT of the SMALL CLAIMS COURT OF SANTA CLARA COUNTY LIMITED COURT, STATE OF CALIFORNIA, duly came on for hearing before HONORABLE WILLIAM J. MONAHAN, Judge of the Superior Conn, in Courtroom No. 16 «a .6onJanuarv 17. 2020. xx wig n 4o aw“;WMQLTMMOM ~10 5r‘ “ “-- The Appellant X APPEARED D DID NOT APPEARD BY/WITH COUNSEL. and Respondents E APPEARED D DID NOT APPEARD BY/WITH COUNSEL.E Evidence having been adduced and the cause argued and submitted to the Court for decision: It is ORDERED, ADJUDGED AND DECREED that judgment is rendered, as follows: E PLAINTIFFS/RESPONDENTS NAYELI BRISENO AND PATRICIA BRISENO SHALL RECOVER FROM DEFENDANT/APPELLANT PHILIP ERKENBRACK, dba COURT SERVICES UNLIMITED 45%.w $385.00 PLUS $160.00 COSTS FOR A TOTAL JUDGMENT OF $50000 . D THE APPELLANT, HAVING FAILED TO APPEAR, THE APPEAL IS DISMISSED. THE CASE IS RETURNED TO LIMITED JURISDICTION PURSUANT T0 CCP 116.795. E EXHIBITS ARE ORDERED RETURNED TO THE PRESENTING PARTY. E EXHIBITS ARE ORDERED RETURNED To THE PRESENTING PARTY AND MAILED WITH THE COPY 0F THIS JUDGMENT. D OTHER: Exhibits remaining in the custody ofthc clerk of the court 6O days aficr the date of this o er‘m'll be destroyed. Dated: 1/1 7/2020 JUDGE OF THE SUPERIOR COURT NOTICE OF ENTRY 0F JUDGMENT and CERTIFICATION OF MAILING [certify that I am not a party to this action. and that a true copy of this Judgment was served by first class mail, postage prepaid, addressed as shown above and mailed on the date shown below. Notice is hereby given that judgment in the above entitled matter was entered pursuant to CCP 668.5 on the date shown below. REBECCA FLEM G. CHIEF EXECUTIVE OFFICER/CLERK I Dated: m 1 7 2020 By ‘Eh ififi Deputy j ‘ SUPERIOR COURT 0F CALIFORNIA F I t E i 5 COUNTY OF SANTA CLARA ‘ JAN 2 z 2020 PLAINTIFF: NAYELI & PATRICIA BRISENO DEFENDANT: PHILLIP ERKENBRACK ‘AMENDED’ NOTICE 0F ENTRY 0F JUDGMENT CASE N0-= 1950081301 AND CERTIFICATE 0F MAILING By order of the court and pursuant to CCP§ 664.5, notice is hereby given that the judgment in the above-numbered and entitled action was entered on the date, Januag 21, 2020, the judgment was filed and that the same is now ofrecord and on file in said action. Dated: January 21, 2020 SANTA CLARA COUNTY CLERK, By NAOMI MATAUTIA 1/ Deputy CLERK'S CERTIFICATE OF MAILING: I certify that I am not a pany to this action and that a true copy of this document was mailed first class postage prepaid in a sealed envelope addressed as shown below and the document was mailed at San Jose, California on Janum 21. 2920 . REBECCA FLEMING, CHIEF EXECUTIVE OFFICER By NAQML MATAQTLA4/ Deputy Nayeli Briseno Phillip Erkenbrack 1102 S. Almaden Ave. 255 North Market St., #130 San Jose, CA 95110 San Jose, CA 951 10 Patricia Briseno 1102 S. Almaden Ave. San Jose, CA 95110 NOTICE OF ENTRY 0F JUDGMENT AND CERTIFICATE OF MAILING 80-145 Superior Court-Civll Divlsm NamecndAddmsstoult 191 N FirstSt ‘SUPERIORCOURIOPCALIFORNIA, San Jose Cums. ‘._ .1 ‘ ‘ ‘ COUNTY 0F SANTA CLARA ' SMALL CLAIMS CASE Mo- 13$C081301m. Immmmmmadwd: I I mmmmmdam: I NAYELI BRISENO PHILLIP ERKENBRACKDBA PATRICIA BRISENO COURT SERVICES UNLIMITED 1102 SOUTHALMADEN AVENUE . 255 NORTHMARKET STREET, SUITE 130 SAN JOSE, CA 951 10 SAN JOSE, CA 95110 r- 4k- L. ' __[ I___a See attached sheet for additions! plafnfiflk and defendants. REQUESTTO PAY JUDGMENTTO COURF 1. Instead of paying the judgment directly to the creditor. I want to pay it to the court. 2. Datejudgmentwas entered (specify): 1/17/2020 3. Judgment creditor (the personpr business you we_re ordered to pay) a. Full name: NAYELI BRISENOIATRICIABRISWO b. Address (use last Imown): 1102 S.ALMADEN AVENUE, SAN JOSE, CA 951 10 4. l understand that the amount ofmoney I must pay tougeta satisfacb‘on ofludgmenz isme tom! ofthe a. principal amount ofmoney the court ordered me to pay, b. costs (ifawarded by the court), c. interest accrued on the judgment. d- the court's processing fee, and e. othercharges the court has add_ed to the judgment. (The court m?! calculate the total (see reverse“ 5. Partial payment (Complete this seca‘anEm haveALREADYPAID PARTofthejudgment.)E l have already paid partofthejudgment. Amouni paid: s {checkane orboth ofthe boxes below.) 8. by check ormoney order. (Auadr a copy ofbath sides ofthe canceled died: ormoneyordon) b. D by ash- (Attach a mpy ofthe s'gned, dated cash receipt} 6. l understand that if l pay by personal check, satisfacfion oqudgmentwiI be delayed 30 days. David Pinheiro 7. l request the courtm calculate the total amount required to entera saflsfactfon offudgment. and to entera satisfiwon ofjudg- ment aflerl have paid the total amount to the court. l declare under penalty of perjury under the laws ofthe State of California that the foregoing'ts true and correct. Date: 131/2020 J% mmmm mwmm Judgment creditor: SeeImpomm notice on ravetse. CERTIFICATION SATISFACTION OF JUDGMBTI‘ (for court use only) l certify that this dowment b a true and oor- (1)D Full satisfaction ofludgment entered as mfudgmentdebbr rect copy of the original on file with this court. (name): on (date): (2)D Full satisfaction ofludgment NOT enterad'as requested (Seal) (stale mason): Clerk. by - Dew!!! Clerk. by - Deputy m. 1 «zWhmm REQUESTTO PAY W ”www.mm'mum" JUDGMENTTO count (Small Claims) 86-145 _ “mm Nave” Briseno; $bfl/‘a Briseno DEFENDANT: Philhp ErkmbiacK wanna Hscoslao: FOR COURT USE ONLY 1. Judgment entered on (date): I - [7 20 2. Amount to be paid as of date of request (speciw: JAN 21 2020 a. Unpaid principal S 385 '00 b. Costs s [50.00 c. Postjudgment costs $ d. Credits (see mocha) S e. lnterestaouued (bdateinRemZabova) S 5.06 f. Processing fee 5 20'DO g. Other {spedM S ' sUBTO'rAL s \ Addintereaatso. I49 perdaytfromdateinnem2) ' s CLERK'S CERTIFICATE OF MAILING TOTAL s 5 m.08 l 09me that] am not a party to this acflon. This Notice to Judgment Creditorwas mailed first dass, postage prepah, in awed envelope to the addrm shown in item 3 on the reverse. 111a mailing and this cerfificafion counted at mace): California. on (date): Clerk, by . Deputy NOTICETO JUDGMENT CREDITOR ZYoumayclaimflalsmoneyby a. presenting this form In person to tho court dark duflng i'egular business hours. -OR- b. mailing this fotm to the court. 3. Complete the Judgment Credilor‘s Request for Funds below. 1. Thejudgment debbr has fully safisfied thejudgment entered by making payment to the 00min me amomtshown above. 4. Money not dairned wimln'Ihrafyeags becomes the propeny of the court (see Government Codesewons 5005060056). JUDGMENT CREDITOR'S REQUEST FOR FUNDS I request the noun to payme money m me by man at my current addres (spedfy): (Mall ordeliver this loan to the courtdork Keep aphotocopy foryomseli) Date: .... fimfim (mmWmm ”“smmtm Rsaussno PAY "'m" JUDGMENTTO coum (Small Claims) SUPERIOR COURT 0F CALIFORNIA F | L E D COUNTY OF SANTA CLARA Date. DEFENDANT/APPELANT: Phillip Erkenbrack REBEggiA FLzEMING COUNSEL: Chief Executive Officer Clerk ADDRESS: 255 North Market St. #1 30 Su erior Court ofCA San Jose, CA 951 10 RESPONDANT: Nayeli Briseno/ Patricia Briseno COUNSEL: ADDRESS: 1102 S. Almaden Ave. San Jose, CA 951 IO ubmmedMmr AMENDED JUDGMENT AFTER TRIAL DE NOVO FROM éASE NUMBER: l9SC081301 JUDGMENT 0F THE SMALL CLAIMS COURT NOT REPORTED CLERK: Naomi Matautia An Appeal from a JUDGMENT of the SMALL CLAIMS COURT OF SANTA CLARA COUNTY LIMITED COURT, STATE OF CALIFORNIA, duly came on for hearing before HONORABLE WILLIAM J. MONA,HAN Judge of the Superior Court,'m Courtroom No. 16 on Januag 17, 2020. n Zh(WT II +0tmcmnmww ‘3‘ SC oglgol The Appellant E APPEARED D DID NOT APPEARU BY/WITH COUNSEL. and Respondent E APPEARED D DID NOT APPEARD BY/WITH COUNSEL. E Evidence having been adduced and the cause argued and submitted to the Court for decision: [t is ORDERED, ADIUDGED AND DECREED that judgment is rendered, as follows: X PLAINTIFFS/RESPONDENTS NAYELI BRISENO AND PATRICIA BRISENO SHALL RECOVER FROM DEFENDANT/APPELLANT PHILIP ERKENBRACK, dba COURT SERVICES UNLIMITED $385.00 PLUS $160.00 COSTS FOR A TOTAL JUDGMENT OF $545.00 . D THE APPELLANT, HAVING FAILED TO APPEAR, THE APPEAL IS DISMISSED. THE CASE IS RETURNED TO LIMITED JURISDICTION PURSUANT TO CCP 116.795. E EXHIBITS ARE ORDERED RETURNED TO THE PRESENTING PARTY. X EXHIBITS ARE ORDERED RETURNED TO THE PRESENTING PARTY AND MAILED WITH THE COPY OF THIS JUDGMENT. D OTHER: Exhibits remaining in the custody of the clerk of the court 60 days after thed/fl s order will be destroyed. Dated: 1/24/2020 NOTICE OF ENTRY OF JUDGMENT and CERTIFICATION OF MAILING I certify that I am not a party to this action, and that a true copy of this Judgment was served by first class mail, postage prepaid, addressed as shown above and mailed on the date shown below. Notice is hereby given that judgment in the above entitled matter was entered pursuant to CCP 668.5 on the date shovm below. REBECCA FLEM 1 G, CHIEF EXECUTIVE OFFICBR/CLERK Dated: 1/24/2020 SUPERIOR COURT OF CALIFORNIA I L ECOUNTY OF SANTA CLARA D PLAINTIFF: NAYELI & PATRICIA BRISENO JAN 3 4 2020 rk Of a DEFENDANT: 4 cm am PHILLIP ERKENBRACK \J N ma ‘ 2"" AMENDED’ NOTICE 0F ENTRY 0F JUDGMENT CASE N0-= 1950031301 AND CERTIFICATE 0F MAILING By order of the court and pursuant to CCP§ 664.5, notice is hereby given that the judgment in the above-numbercd and entitled action was entered on the date, Janum 24, 2020, the judgment was filed and that the same is now of record and on file in said action. Dated: January 24, 2020 SANTA CLARA COUNTY CLERK, By NAOMI MATAUTIA h/' Deputy CLERK’S CERTIFICATE OF MAILING: I certify that I am not a party to this action and that a true copy of this document was mailed first class postage prepaid in a sealed envelope addressed as shown below and the document was mailed at San Jose, California on Janum 24, 2020 . REBECCA FLEMING, CHIEF EXECUTIVE OFFICER By NAOMI MATAUTLAL/ Deputy Nayeli Briseno Phillip Erkenbrack 1102 S. Almaden Ave. 255 North Market SL, #130 San Jose, CA 951 10 San Jose, CA 95110 Patricia Briseno 1102 S. Almaden Ave. San Jose, CA 95110 NOTICE OF ENTRY OF JUDGMENT AND CERTIFICATE OF MAILING 10 ll 12 l3 l4 15 l6 17 l8 l9 20 21 23 24 25 Phillip Erkenbrack dba Coun Servicw Unlimited P.O. Box 1202 San Jose, CA 95108 (408) 277-6700 JUDGMENT DEBTOR IN PRO PER SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA Nayeli Briseno ' CASE No.2 Patricia Briseno 20AP002640 Plaintifi, DECLARATION 0N PHILLIP ERKENBRACK, vs, JUDGMENT DEBTOR, IN SUPPORT OFTHE THE WRIT AND COURSE OF PROCEEDING Phillip Erkenbrack ‘ CRC 8.486(b)(3)(A) dba Court Servim Unlimited Defendant. I, Phillip Erkenbrack, declare: l. I am the Judgnent Debtor herein. 2. I am filing this declaration in support of the writ filed on February 18, 2020, concerning small claims case, 19SC081301/l 9SC07841 1, Nayeli vs. Erkenbrack. 3. I am asking this court to review the lowers courts ruling on two issues in which it held the Judgment Debtor liable. 4. The first issue that Phillip Erkenbrack argues that the lower court erred in ruling on is that he should have reviewed the customer; case and advised them that the defendant in their case had already filed and answer, and that the Phillip Erkenbrack, who is only a Process Server Server and Legal Document Assistant, shofild have advised them that serving an. amended DECLARATION ON PHILLIP ERKENBRACK, JUDGMENT DEBTOR, IN SUPPORT OF THE THE WRIT AND COURSE 0F PROCEEDING CRC 8.486(b)(3)(A) PAGE l OF 5 EXHIBIT B Legal Document Assistant/Process Server contract 19.5c078411 Customer’s Informa’tion Ple'ase state YOUR NAME: Nave ‘.. x‘ QM gang Please state YOUR AQDRESS: '4' ?15 M614 fie?” Aut’, ‘31 U?SIZX Please state YOUR PHONE#. /U65) 5 IZ T7 €12 Email Address: l‘IGflan Z @q m/m “ - corn Defendantz ResgondentlJudgment Edebtor’g Information Please state the DEFENDANT'S NAME: [)nW-X e\; sAflg‘e )ej Please state the DEFENDANT’S ADDRESS: ‘52.. Q. W sw- am Jase m 02116 What would you like us to do today? Please state the services you would ”lie us to provide: x f2 «:2 < ~»: Dem damp s w #6 Amended com arm» How soon do you want your case handle? _PLEASE START WORKING ON MY CASE TODAY!(add $50) _ PLEASE START WORKING ON MY CASE IN 72 HRS(add $25) _ PLEASE HANDLE MY CASE ON A ROUTINE BASIS(add $0) qurZ qul - - - ’ Court Services Unlimited , 255 North Market Street, #130 San Jose, CA 95110 ‘ Phone [408-277-6700] Fax [408-608-1611] Bill To: NAYELI BRISENO PATICIA BRISENO 723 MENKER AVENUE,#2 SAN JOSE, CA 95128 1950078411ni%r_‘,gg DATE: August 23, 2018 INVOICE # "‘ " £286 YOUR APPOINTMENT TO COME BACK TO OUR OFFICE IS: .s'm/ma. [D i8”lg/ DESCRIPTION AMOUNT NAYELI BRISENO VS. DANIEL ANGELES CASE NUMBER: SERVSCES REQUESTED: DANIEL ANGELES . 35132 SOUTH 22ND STREET SAN JOSE, CA 95116 CSU FEE FOR SERVICES: COURT FILING FEE: PREPARE FILE AND ERVE DEFAULT AND DEFAULTJ 16CV2 789 $300.00 $0.00 '9‘.“ ._.. SUBTOTAL DUE: $300.00 PAYMENT RECEIVED: $300.00 $0.00TOTAL Thank youfor your business. Please make the check payable to "Court Services Unlimited. " Ifyou have any questions please email your invoice to "$ervepaper@aol.com ". Then please call (408) 277-6700 and askfor phi]. THANK YOU FOR YOUR BUSINESS! EXHIBIT C 2I19/2020 602 Carlson v. STATE DEPT. OF FlSH AND GAME, 80 Cal. Rph'. 2d 801 -Cal: Condoprpoal. 2nd Appellab Dist. 2nd Div. 1998 -Googlo Sdiolal’ so cu.Rptr.2d 601 (1998) as Cal.AppAth 1268 Keith Anhur CARLSON, Plaintiff and Appellant, m DEPARTMENT OF FISH AND GAME et al.. Defendants and Respondents.Mm Court of Appeal. Second District. DMslon Two. December 18. 1998. Rehearing Denied January 6. 1999. Review Denied March 9. 1999. ‘602 Bourdette & Partners, Christopher L Haberman, Philip C. Bourdette and Andre P. Gaston. Visalia. for Plainfitf and Appellant. Daniel E. Lungren. Attorney General. George Williamson. Chlef Assistant Attorney General. Margaret A. Rodda. Senior Assistant Attorney General. Richatd J. R010. Supervising Deputy Attorney General, Barbara A. Noble. Helen G. Arens and Raymond L. Fitzgerald. Deputy Attorneys General. for Defendants and Respondenb. Certified for Partial Publication.” ZEBROWSKI, Associate Justice. Plaintiff, represented by out-of-county counsel. desired to sue In Los Angeles County. Plaintiffs counsel prepared a complaint and sent It by Fedetal Express to the Los Angeles Superior Court in Santa Monica. The complaint complied in all respects with state requirements. but plaintiffs counsel failed to include a 'Certificate of Assignment“ tequired by local rule. Because the Certificate of Assignment was absent. the clerk of the court ('clerk') did not file the complaint, but Instead mailed it back to counsel. By the time counsel was able to return the complaint to the court with a "Certificate of Assignment“ several days later, the statute of limitations period had elapsed. Defendants then demurred on numerous grounds, prominent among them that the complaint was baned by the statute of limitations. Plaintiff responded by moving for an order correcting the date of filing to the date on which the complaint was filst presented for filing. The trial court denied plaintiffs motion, sustained defendants' demurrer without leave to amend, and dismissed the complaint. Plaintiff appeals. In the published portion of this opinion, we will ho|d that the local Superior Court may not condition the filing of a complaint on loal rule requirements. Instead, so long as a complaint complies with state requirements. the clerk has a ministerial duty to file. In legal effect. a complaint ls 'flled' when n ls presented to the clerk for filing In the form required by state law. Plaintiffs complaint was hence effectively filed when It was first presented to the clerk. and the statute of limitations therefore did not run. In the unpublished portion of fluis opinion. we will consider the other bases on which the demurrer was sustained. and conclude that they are not sufficient to support dlsmissal of the entire complaint l. FACTUAL BACKGROUND hapszl/sdmolar.goog|e.oomlsdwolar_case?case=1410185532842521846&q=caflson+vs.+depamnent+ofifish+and+game&hl=en&as_sdt=2006 1n 2/19I2020 605 Caflson v. STATE DEPT. OF FISH AND GAME. BO Cal. Rpt. 2d 601 - Cal: Court of Appeal. 2nd Appellate Dist, 2nd DIV. 1998 - Google Scholar comply with a local rulem Other than the limitation on filing stated In CRC, tule 201 (i), the only limitation on filing in Division I of Title Two of the CRC is in CRC. rule 201 .5. which provides that certain types of papers (l.e.. subpoenas. deposlfion notices. etc.) may not be filed except when relevant to determine an Issue In a law and mob'on or other proceeding!” Government Coda section 69846.5 provides that '[tlhe clerk of the superior court shall endorse on each paper filed with the court the day. month. and year It ls flledfm For purposes of the statute of Ilmltafions. "flllng' means delivery to the clerk during business hours.(MWQE. 21 tr 5W) United Farm Workers concerned a petition for review of an administrative decision. After the petition was presented for filing, the clerk retumed it with a note contending that it was defective in several respecb. In the interim before the petition could be presented again for filing. the relevant limitations period lapsed. The question was whether the petition had, in legal effect, been “filed" when initially presented for filing. The Supreme Court ruled that it had been “filed." stating: '[Wje conclude that ‘flllng' for purposes of compliance with the time limits of Labor Code section 1160.8 means what It does in all other contexts: actual delivery of the petition to the clerk at hls place of business during office hours. [Citations.] Thus, it is the filers actions that are scrutinized in determining whether a petition was timely filed. Rejection of the petition by the clerk for a technlwl defect wnnot undo a ‘filing' that has already occurred. This ls not to say. however, the reviewing court could not later order dismissal if a party has not undertaken timely correction of defects noted. We hold only that a defective pefiflon may not be dismissed for untimeliness under Labor Code section 1160.8 when it is delivered to the appropriate clerk's office during ofice hours within the time limits set therein.“ (Ung' ed Farm Workers ofAmen'ca v. Agricultural LaboL Relations Bd. sung, 37 Cal.3d 912 918, 210 Cal.Rptr. 453, 694 P.2d 138 italics added.) To similar effect isgmam v, workmen: Qomg.App_&(fl)Mp,gd 203. 11 Ca!,ng[, 231 . In Lilzmann, a claimant sought review of a worker‘s compensation decision. The claimant presented a petition for filing on the last day of the applicable period, but the clerk rejected it. claiming that it was not in 'the proper form“ and not on "proper size sheets.“ (Id. at p. 204. 71 Cal.Rptr. 731 .) The court ruled: "Assuming the facts alleged to be true. it appears to us that, since the petition was deposited with the clerk for filing on April 17, 1968, albeit In defective form, this court may make an order that the petition be deemed to have been filed on that date. There is a strong policy in favor of hearing cases on their merits and against depriving a party of his n'ght of appeal because of technical noncompliance in maflers of form.‘ (Id. at p. 205, 71 Cal.Rptr. ‘605 731; see also, e.g.. Menlzer v. Hardoin (19494) 28 CalAppAth 1365 .132, 34 Cal. Rptr 2d 214 ['ln superior court, the clerk is required to ‘endorse on each paper filed with the court the day. month. and year It is filed.‘ (Gov.Code. § 69846.5; see Judicial Council com. 37 West's Ann. Gov.Code (1976 ed.) § 69846.5, p. 215.) Presentation of the document. in this case the arbitratofs award, to a deputy clerk constitutes the act of filing.'].)WMQMWEWM,W, relied upon by defendants. does not hold to the contrary. and even if it were so read. it would be superseded by the later decision of the Supreme Court in United Farm Walkers. In City ofLos Angeles, the court found that plaintiffs counsel had first presented a complaint for filing on behalf of a minor. then had withdrawn it either because he had failed to apply for appointment of a guardian ad Iitem or because his pefltion for appointment of a guardian ad Iitem was defective. The complaint was again presented for filing afler the statute of limitations had run. Consistently with the later ruling in United Farm Workers, the City ofLos Angeles court acknowiedged that "[a] paper is deemed to be filed when presented at the proper office and deposited with the papers [citations]; especially so when deposited in the proper ofiice with directions to file the paper. [Citation] In myt v, gag“,‘lfi Cal. 1Z§, E P, 22;, the question as to when a paper is to be deemed filed was quite fully considered. The court said: 'Nor do we mean to be understood that when a proper filing or offer of filing has been made by a party. that he shaIl suffer for the remissness of the clerk In the performance of his duty. But the proper ofier means more than a mere presentaflon to the officer. It means to hlm at the proper place. and within the proper time. When this is done, the party Is required to do no more, and will not be endangered in any of his rights by the failure of the clerk, in tum, to perform his duty.“ ..." (Id. at p. 770, 70 Cal.Rptr. 826.) The City ofLos Angeles court went on to rule that the complaint could not be back-dated to reflect a filing on the date on which it had first been presented to the clerk. because It had not in fact been lefl with the clerk for filing on that date. Instead. counsel had withdrawn it. In the Instant wse. by contrast, plaintiffs counsel dld not submit. and then withdraw, the complaint Instead he submitted it, and the clerk declined to file it. That ls different from what occurred In City ofLos Angeles. The result In City ofLos Angeles Is quite consistent with the later directive of the Supreme Court In United Farm Workers that 'It ls the filers actions that are scrutinized In determining whether a petition was timely filed. Rejection of the petition by the hflpwlsdxolar.google.comlsdxolar_case?case=141o1 85532842521846&q=carlson+vs.+department+of+flsh+and+game&hl=en&as_sdt=2006 t l 2/19/2020 Carlson v. STATE DEPT. OF FISH AND GAME, 80 Cal. Rptr. 2d 601 - Cal: Court 0f Appeal. 2nd Appellate Dlst., 2nd DIV. 1998 - Google Scholal’ 281. quoting from WW) 335 52d §§]._5§Z.) The Ninth Circuit thus concluded: "We therefore hold that for purposes of the shtute of limitations the district court should regard as ‘filed' a complaint which arrives in the custody of the dark within the statutory period but fails to conform with formal requirements in local rules. This result is wholly consistent with holdings of this and other courts that a clerk's refusal to ‘file' a complaint should not be controlling for purposes of the statute of limitations. Thus, in L_egget_t v, SMand, 640 F.2d 774 (fin Qir.1g§1 ). the court stated that the standard for ‘filing' should be whether the complaint ‘was ever in the actual or constructive possession of the clerk,‘ Id. at 776. when it held that a complaint refused because of insuffident postage had not been in the actual or constmcfive possession of the clerk. This court has followed a similar standard in its holding that a notice of appeal. marked ‘filed' on a date which would have made it untimely, was nevertheless timely bewuse it had ‘reached the custody of the clerk' within the time limit.MW, $2 F,2d 52.153341W." (LaniunleLELaale8 -) CMn g yniga Eecific R. Co. (fin Cir. 1987) §1 § Egg 91 7 was another ease arising out of the Central Distflct. In Clntron. the plainflff sent his complaint to the court for filing, but the complaint did not conform to local rules because "counsel had not punched two holes in the top of the complaint; counsel had not included a copy of the civil cover sheet“ and the complaint was accompanied by a check for $99 instead of the correct filing fee of onIy $60. (Id. at p. 91 9.) Instead of filing the complaint, the dark mailed it back for these reasons. and the statute of limitations period lapsed before it was returned for filing. Plaintiffs action was consequently dismissed. Although the Ninth Circuit found that the clerk had not acted impropefly. It nevertheless reversed, stating 'At question is the definition of the word ‘file.’ [1]] The consensus Is that the '[plapers and pleadings including the original complaint are considered filed when they are placed in the possession of the clerk of the court." (Id. at p. 920.) As to the failure to punch the holes and the lack of a civil cover sheet, the court concluded that “these oversights do not render the complaint untimely.“ (Ibid.) As to the fee disaepancy. the court sated that the fee requirement “should not be raised to the level of a jurisdictional requirement... The clerk's dedsion to handle the Over payment by returning the complaint along with the check was one based merely on the convenience and smooth operation of the clerk's office. The appellant should not be denied a forum due to his over payment of the filing fee." (Id. at pp. 920-921.) The court concluded mat "the appellant constructively filed his complaint when, on August 27. 1985. he delivered it to the clerk of the court. though he was not In compliance with local mles and though he overpaid the filing fee.” (Id. at p. 921.) In WW) 2% Egg 1§§2. the Ninth Circuit reached the same result in a case arising in the Distn‘ct of Alaska. In Dae Rim Fishery. the complaint was timely presented. but with a defective summons. The clerk rejected it for that reason. and the statute of limitations allegedly ran before the complaint could be presented again for filingw The court mled that '[tlhe complaint was constructively filed when the government first delivered it to the clerk... We have previously held that a complaint is filed when it is placed in the actual or oonsh'uctive custody of the clerk. despite any subsequent rejection by him of the pleading for 608 non-compliance with a provision of the local rules.... We reasoned In Loya that to elevate a loml rule '608 (in that instance one designed to fadlltate the court’s record- keeplng) to the status of a jurisdictional requirement would conflict with the mandate of Federal Rule of Civil Procedure 1 to provide a Just and speedy detennlnation of every action... We see no cause to retreat from that rationale here." (Id. at p. 1395) Aflhough these Federal mses are of course not oonholling in the Instant state law case, they provide powerful persuasive authority that litigants should not be irremediably prejudiced due to inadvertent deviation from idiosyncratic local rules. c. Related state law on dismissals. It is the legislative and judicial policy of this state to prefer disposition of litigation on the merits rather than on procedural grounds. (See, 9.9..mm. gmmMn & Casey_(19_91) 235 CalApde 1128 1136, 1 Qlfiptmd 185.) Mere administrative efiicieficy is therefore an insufficientjustiflmflon for a dismlssal. (Ibld.) Dismissal is a drastic sanction, to be used only if less severe sanctions prove ineffective. (See. e.g..WWW,EQQJJWMLWEQWJ The Supreme Court recently unanimously held that dismissal ls error when the failure to comply with a Iocal rule is the fault of counsel rather than the client.www.mmm.) httpszllscholangoogle.oonVsdwlar_case?case=141 0185532842521846&q=cadson+vs.+depamnent+of+fish+and+game&m=en&as_sdt=2006 2/19f2020 610 Carison v. STATE DEPT. 0F FISH AND GAME. 80 Cal. Rph'. 2d 601 - Cal: Court of Appeal. 2nd Appellate Dist. 2nd DIV. 1998 - Google Sdtolar Thus there is no express authority- certainly none has been cited- which empowered the dark to reject plaintiffs complaint. If the clerk nevertheless had sue?! Power. despite the absence of express authority. It would have to be an implied power. Yet there is nothing which implies the existence of such a power. None of the eases suggests such a power. Instead, the wses consistently provide that a document is 'filed' when presented to the clerk for filing, and emphasize the preference for dispositions on the merits. Nor do the rules and statutes imply the existence of such a power. but instead imply its absence. The Legislature, for example, in enacting CCP Section 575.2 governing the application of Iocal rules. did not provide that the clerk could enforce local rules by rejecting papers even though they wmply with CRC. rule 201 . To the contrary, the Legislature was explicit in stating its intention that errors in compliance with loml rules not prejudice the client. (CCP § 575.2(b).) Nor did the Judicial Council, In crafting CRC. rules 201(I) and 201 .5, and all the other statewide rules. provide that a proposed filing could be rejected for noncompliance with local rules. Hence there is no basis for finding an implied power in the clerk to enforce local rules by rejecting otherwise oonfonnlng papers. Since the clerk has neither an express power nor an Implied power, the clerk has no such power at all. Instead, the clerk must comply with the mandatory duty Imposed by state law. So long as a paper complies with CRC, rule 201, it is. in legal contemplation. "filed“ when presented to the clerk for filing. The failure of the clerk to endorse the correct date on the document, as required by Government Code section 69846.5, cannot change the date on which the paper was legally filed. (See. 3.9..WM. If me clerk endorses an incorrect date on a filed paper, the court can order it corrected. (See, e.g.,WM. f. The legitimate ramifications of failing to comply with local rules. The conclusion that a clerk lacks authority to enforce the Los Angeles County Superior '61 O Court lml rules by rejecting papers that comply wflh CRC, rule 201 does ndt mean that those local rules cannot be enforced. It simply means that they mnnot be enforced by the method of rejecting filings which conform tp state law. Afler a paper ls filed. the panoply of possible sanctions provided for In CCP Section 575.2, CRC, rule 227 and elsewhere become available to redress loml rule violations. However, applying a sanction of the type authorized by the CCP and the CRC is far different fmm rejecting a conforming paper and possibly musing the smtute of limitations to run. If. for example. a filed case were later dismissed for failure to file a Cerflfimte of Assignment, that dismissal would be reviewable on appeal pursuant to the substantial evidence or abuse of discretion standard as the situation dictated. A dismissal as the first sanction. without a chance to cure. might be a correctable abuse of discrefion. even assuming that the undeflying factual findings were supported by substantial evidence. (Cf. Vaccaro v. Kaiman (fl) 63 CalAppAth 761, 73 Cal._R_pg.2d §2§.) If, on the other hand. the statute of limitations has run, quite a different situation would be presented on appeal. In the mse of a dismissal after filing, relief could also be sought in the u-ial court pursuant to CCP Section 473 on grounds of mistake. Inadvertenoe, surprise or excusable neglect. (See, 6.9., Magma.) Moreover, if the fault were that of counsel (most likely the case when local rules are Involved), the court must grant relief if application ls made within six months accompanied by an affidavit showing the fault to be that of counsel. even though the court may require the payment of "reasonable compensatory legal fees and costs." (CCP § 473;Wm.) This same result would appear dictated by CCP Section 575.2. subdivision (b), providing for penalties to fall on counsel and not on client. If a court were to issue an order requiring me filing of a Cerfifixte of Assignment. and if counsel were to fail to comply, that dereliction could additionally be penalized by sanctions imposed pursuant to CCP Section 177.5. payable to the county. In addition to the full panoply of sanctions aumorized by CCP Section 575.2 and CRC. rule 227 up to and including dismissal. CCP Section 128.7 might also apply in appropriate circumstances. The court thus has tools to enforce local rules In é manner consistent with the directive of the Legislature in CCP Section 575.2. subdivision (b), that ”any penalty shall be Imposed on counsel and shall not adversely affect the party's cause of action or defense thereto.“ g. Conclusion. We therefore hold that if a pleading presented for filing complies with CRC, mle 201 , the clerk may not refuse to file it for lack of complance with a Los Angeles Superior Court local rule. In legal effect. therefore, plaintiffs complaint was filed on January 16 when it was presented for filing. Defendant's demurrer on the theoty that the statute httpszllscholargoogle.comlscholar_mse?case=141 0185532842521846&q=carlson+vs.+deparhmnt+of+fish+and+game&hl=en&as_sdt=2006 1I9 2119/2020 Carlson v. STATE DEPT. OF FISH AND GAME, 80 Cal. Rpm 2d 601 - Cal: Court of Appeal. 2nd Appolhb DbL. 2nd Div. 1998 - Googh Sd'ldal' uflslven ourresolufionoflhhluue.waneednotmeh plalntflfs eontanflonsmthowasonfifledbmleffmnlatefllng punuantbCodeofCMlecodurouwonflaorthodoofClvl Prooeduresedon5752.subdivision(b).allows:sandionagalnstcounselbutnotagalnstheparlyforfalhretocomplywihloealmles. HSeefootrmBflante. Save trees - read court opinions online on Google Scholar. httpazllsdnolargooglenomlsdmlarjuflmeflfl0185532M2521846&q=carhon+w.+depamm+d+fish+am+9am&hl=m&as_sdt=2006