Default Not EnteredCal. Super. - 6th Dist.November 5, 2020FAX NO (Opt(one/) 408-362-2299 PLAINTIFF/PETITIONER: Department Stores National Bank ATTQRNEY CR PARTY wlTHDUT ATTCRNEY (Name, state Bet number end addntee) Hunt 5 Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Adam Kidd ¹328520 7017 Realm Dr., San Jose CA 95119 TELEPHONE NO '00-680-2426 E-MAIL ADDRESS (Opeonst) infOOhunthenriqueS.COm ATTORNEY FOR (Namer Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss. 191 North First Street MAILING ADDRESR DITYANDZIPDDDE: San Jose CA 95113 BRANGH NAME: Downtown Superior Coult FOR COURT USE ONL V CIV-100 DEFENDANT/FIESPONDENT; MOHAMMAD AZAR CASENUMBER:REQUEST FOR DLI Entry of Default ~ Clerk's Judgment 20CV373144(Application) Court Judgment Not for use in actions under the Fair Debt Buying practices Act (Ciu. Code, 5 1788.50 et seq.) (see C)V-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (dale)l November 5, 2020 b. by (name)(Department Stores National Bank c. MX Enter default of defendant (names); Mohammad Azar d. ~ I request a court judgment under the code of civil Procedure sections 585(b), 585 (c), 989, etc., against defendant (names)l Balance 5,931.87 290.00 6,221.87 3. ~ (Check if filed in an unlawful detainer csse.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date; March 11, 2021 Adam Kidd ¹328520 (Testimony required. Apply to the clerk for e hearing date, unless the court will enter e judgment on an sffidsv¹ under Code Civ. Proc., f 585(d).j e. ~X Enter clerk's judgment (I) ~ for restitution of the premises only and issue of writ ol execution on the judgment. code of civil procedure section 1174(c) does not apply. (Code Civ. Proc., 5 1169.)~ Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) ~X under Code of Civil Procedure section 585(a). (Comp(efs the dec(are(ion under Code Civ. Proc., f 585.5 on the reverse (item 5).) (3) ~ for default previously entered on (date): 2. JUdgnmrlt to be entered. Amount Credits acknowledqed a. Demand of complaint.............. $ . 5,931.87 0.00 b. Statement of damages* (1) Special ..................... $ $ $ (2) General...................... $ $ $ c. Interest......................... $ $ $ d. Costs (see reverie) ............... $ 290.00 0.00 e. Attorney fees .................... $ $ $ TOTALS........................ $ 6,221.87 0.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): ('ersonal injury or wrongful death actions; Code Civ. Proc., f 425 f 1 ) (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF ORYITTORNEY FOR PlAINTIFF) (1) El FOR COURT USE ONLY Form Adopted for Mandauny Uee Judelat Couool of Caifomia clv-105 [Res Jattuaty I, 2020) DD0002CN Default entered as requested on (dere)l Default NOT entered as requested (slste reason): Clerk, by REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) lllllll1lllllllll Deputy PaSe I of 2 Cods of Clnl Procedure, 22555-55T, 1152 erne.coo/lace.gof 142471 9.001 on 3/15/2021 9:37 AM Reviewed By: D Harris Envelope: 6031449 FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV373144 By: DHarris 03/15/2021 Dismissal of entire case filed on 08/17/21X DHarris PLAINTIFF/PETITIONER: Department Stores National Bank DEFENDANT/RESPONDENT: MOHAMMAD AZAR CASE NUMBER: 20CV373144 CIV-100 4. Legal document assistant or unlawful detainer assistant (Bus. 6 Prof. Code, 5 6400 et seq.). A legal document assistant or unlawful detainer assistant M did MX did not for compensation give advice or assistance with this form. lf Declarant has race/ved any help or advice for psy from a legal documenf assis/an! cr I.nlaw/u! de/sine/ sss/sfsnf, aisle/ a. Assistant's name; b. Street address, city, and zip code: c. Telephone no2 d. County ol registration. e. Registration noc f. Expires on (dste)/ 5. CK Declaration under code of civ. Proc., 6 585.5 (/or entry of default under code civ. Proc., g 585(s)). This action a. I-I is I-X-lisnot onacontractorinstagmentsaleforgoodsorsendicessubjecttoCiv. Code,51801etseq. (UnruhAct). b. LJ is LXJ is not on a conditional sales contract subject to Civ. Code, 5 2981 et seq. (Ress-Levering Motor Vehicle Sales ellu I Iflelluv fvuv. c. DQ is C3 is not on an obligation for goods, services, loans, or extensions of credit subject to Code of Civ. Proc., g 395(b). (2) To (specify names snd addresses shown on the envelopes) 3790 Brigadoon Way San Jose CA 95121-1407 I declare under penalty ot perjury under the laws of the state of california that the forego/ng items in 4, 5, and 6 are -ue and cert""t. Date: March 11, 2021 Ah)4)y (jy 6. Declaration of mailing (Code of Clv. Proc., 6 587j. A copy of this Request for Enlry of Default was a. M not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names)/ b. ~X mailed first class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (dele)/ March 11, 2021 Mohammed Azar IIYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if moneyjudgment requested). costs and disbursements are as follows (code civ. proc., 6 1033.5): a. Clerk's filing fees ...................... $ 225.00 b. Process server's fees................... $ 65.00 c. Other (specify)/........................ $ d. e. TOTAL 290.GG t. ~ Costs and disbursements are waived. I am the attorney, agert, cs p rb whc c! Im these cosds. To the bes! carny knowledge and belief!his memorandum of costs is correct and these costs were necessarily incurred in this case. I dedare under penalty of perjury under the laws of the State ol California that the forego' is true and pnect. Date: March 11, 2021 Adam Kidd ¹328520 uff '/a (TYPE OR PRINT NAME) ISIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status [required forejudgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C, App. ti 3911(2), or Calitornia Military and Veterans Code sections 400 and 402(f). 02/f I /2021 NOT ACTIVE I dedare under penalty of perjury under the laws of the State of California that the for oing is true and corre t. Date: March 11, 2021 I Adam Kidd ¹328520 (I vva v Civ-I CD IRev. January I, 2020] DD0002CG REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Pea\ 2 ei 2 1424719.001 Department of Defense Manpower Data Center ,11 i Ir Resuftsasof Mar-11-2n210s2510FM SCRA 5 7 SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: XXX-XX-7238 Oct-XX-1993 AZAR MOHAMMAD Mar-11-202 i XX99YTVTMRB4S63 on Acsvs Ihdy on Ashve ofay antes oah! one ywd thrw Shia tsf Wo Ths ~lesdcefdewovidwds'acb e day shd lwsedoneeAcdosonffsstu*o 1 uw Ataw ofay uawa soy owe orscow oue sinew one ruutw ace ew one ufi:''" ' Ro This wsponse resene wluwrolwrwnid at left acbve duly ueuswab ssr days precedins the fisaeo ly swt osis ttw Idewhsror loslasrurelaersbththw ufo Fuhasodhup lb ttrethte seAeavsttvtysfesw owe anhu~ mtsctdn i 'haw I Ttus response redects vwwher thshtdhhwew wader wthas emsnrenofdicabon to rance for au dwy fhsvhm~ MA Upon searching the data banks of the Department of Defense Manpower Data Cents'r, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or hisfher unit receiving notification of future orders to report for Active Duty. Michael V. Sonento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the oflicial source of data on eligibility for military medical care and other eligibility systems The DoD strongly supports the enforcement of the servicemembers civil Relief Act (50 Usc App. fi 3901 et seq, as amended) (scRA) (formerly known as the Soldiers'nd Sailors'ivil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has expenenced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verdication of the person's status by contacting that person's Service. Service contact information can be found on the scRA website's FAD page (Q35) via this URL: https.//sera.dmdc.osd.mfi/sera/fiffaqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. fi 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit recewed early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC 5 101(d) (I). Prior to 2010 only some of the acfive duty penods less than 30 rxmsecufive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the secretary of Defense under 32 Usc 5 502(f) for purposes of responding to a national emergency declared by the unit they support. This includes Navy Training and Admimstratron of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies io a Uniformed Service member who is an active duty commissioned officer of the U.S Public Health Service or the National Oceanic and Atmospheric Administration (NCAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on actnre duty for purposes of the SCRA who would not be reported as on Active Duty under this cerkficate. SCRA protections are for Title 10 and Title 14 active duty records for afi the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC g 101(d)(1). Many times orders are amended to extend the peiiod of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of serwce. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for actwe duty or to be inducted, but who have not actually begun active duty or actuafiy reported for induction The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of amive duty. Those who could rely on this certificate are urged to seek qualiTied legal counsel to ensure that afi nghts guaranteed to Service members under the SCRA are protected WARNING. This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.