Default Entered

Cal. Super. - 6th Dist.November 18, 2020

FAX NO rave all 408-362-2299 clTY AND zIP coDE San Jose CA 95113 BRANGH NAME: Downtown Superior Court PLAINTIFF/PETITIONER; JPMorgan Chase Bank, N.A. DEFENDANT/RESPONDENT: EDGAR GUIJARRO ATTQRNEY QR PARTY wlTHQUT ATToRNEY IName, state Bar number end address): Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Kevin Brendon Buiza ¹318691 7017 Realm Dr., San Jose CA 95119 TELEPHQNE No. 800-680-2426 E-MAIL ADDRESS (Opaonall infc@hunthenriqueS.COm ATTORNEY FOR (Namel Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss 191 North First Street MAILING DDRESS'OR COURT USE ONLY CIV-100 REQUEST FOR DD Entry of Default HU Clerk's Judgment 2pCV373641(Application) C3 Court Judgment Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, 8 1788.50 et seq.) (see C)V-105) 1, TO THE CLERK: On the complaint or cross-complaint filed a. on (dale); November 18, 2020 b. by (name)I JPMorgan Chase Bank, N.A, c. DQ Enter default of defendant (names): EDGAR GUIJARRO d. M I request a court judgment under the code of civil Procedure sections 585(b), 585 (c), 989, etc., against defendant (nsmesjf Balance 5,637.03 0.00 0.00 5,637.03 (Testimony required Apply to the clerk lor a hearing date, unless the court will enter s judgment on an affidavit under Code Civ Proc. g 585(dj) e. QQ Enter clerk's judgment (I) ~ for restitution of the premises only and issue of writ of execution on the judgment. Code of Civil procedure section 1174(c) does not apply. (Code Civ. Proc., $ 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). (complete the declaration under code civ. Proc, g 585.5 on the reverse (item 5).) (3) ~ for default previously entered on (date)I 2. Judgment to be entered. Amount Credits acknowledoed a. Demand of complaint.............. $ 5,637.03 0.00 b Statement of damages* (1) Special..................... $ $ $ (2) General................,..... $ $ $ c. Interest....................,.... $ $ $ d. Costs (see reverse) ............... $ 0.00 $ e. Attorney fees .................... $ $ $ TOTALS........................ $ 5,637.03 0.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (dale)f (* Personal injury or wrongful death actions; Code Civ. Proc., f 425 I f ) 3. ~ (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: Februarv 23, 2021 Kevin Brendon Buiza ¹318691 (TYPE OR PRINT NAME) (SIGNATURE OF PLAIMIFF OR ATTORNEY FOR PLAIMIFFI ;;;e FOR COURT USE ONLY Form Adopted for Mandatory Use Judfaal Counaf of Caltfomta clv-1 60 [Rev Janusty 1, 202cl DD0002CN Default entered as requested on (date)I Default NOT entered as requested (state reason)I Clerk, by REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) IIIIIIIIIIIIIIIIlllllll , Deputy Paeetof2 Code of Ovtl Procedure, EE 565-567, 1169 www.sotilts sa gov 1436128.001 on 3/2/2021 3:56 PM Reviewed By: D Harris Envelope: 5948020 FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV373641 By: DHarris 03/02/2021 03/02/21X DHarris PLAINTIFF/PETITIONER: JPMorgan Chase Bank, N.A. DEFENDANT/RESPONDENT: EDGAR GUIJARRO CASE NUMBER. 20CV373641 CIV-100 4. Legal document assistant or unlawtul detainer assistant (Bus. & Prof. Code, 0 6400 et seq.). A legal document assistant or unlawful detainer assistant LJ did MX did not for compensation give advice or assistance with this form. I/ Declarant has received any help or advice for psy from a legal document assistant or un/aw/u/ detainer assistant, state: a. Assistant's name: b. Street address, city, and zip code: c. Telephone noJ d. County of registration: e. Registration noJ f. Expires on (dsfe): 5. CX3 Declaration under Code of Civ. Proc., 8 585.5 (/or enfiy 0/default undei Code Civ. Proc., g 585(s)). This action a. ~ is ~» is not on a contract or installment sale for goods or services subject to Civ. Code, 8 1801 et seq. (Unruh Act). b. LL is LJL) is not on a conditional sales contract subject to Civ. Code, 0 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. DQ is ~ is not on an obligation for goods, services, loans, or extensions of credit subject to Code of Civ. Proc., 0 395(b). Kevin Brendon Buiza ¹31 8691 (TYPE OR PRINT NAME) 6. Declaration of mailing (Code of Civ. Proc., 8 587). A copy of this Request for Enfiy of De/au/i was a, M not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (namss): 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 (date): February 23, 2021 (2) To (specify names snd addresses shown on the envelopes): EDGAR GUIJARRO 2875 DAWES CT SAN JOSE CA 95148-4009 I declare under penalty of peijury under the laws of the State of California that the foregoing items in 4, 5, and 6 are true and correct. (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc„ 8 1033.5): a. Clerk's filing fees ...................... $ b. Process server's fees................... $ c. Other(specify)i.................,..,,., $ d. $ TOTal $ nnn i. ~ Cosis and disbursemenis are waived. g. I am the attorney, agent, or party who claims these costs. To the best ot my knowledge and bekef this memorandum of costs is COrreCt Snd theSe COSta weie necesaari)y inourred in this CSS*. I declare under penalty of perjury undei tlie laws ofthe State Gf Caliroinia 'i)ial the foiegoing is iiiJS a)id correct. Date: February 23, 2021 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Paaa 2 ai 2 1436128.001 8. Declaration of nonmilitary status (required for s judgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C, App. g 3911(2), or California Military and Veterans Code sections 400 and 402(f). 2/23/2021NOT ACTIVE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: February 23, 2021 Kevin Brendon Buiza 4318691 (TYPE OR PRINT NAMEI (SIGNATURE OF DECLARANT) Cw-100 [Rau. January I, 2020) REQUEST FOR ENTRY OF DEFAULT DD0002CG (Application to Enter Default) Department of Defense Manpower Data Center Resuns ss of Feb-23-2021 ol 33 55 pu SCRA 5T XXX-XX-8077SSN: Birth Date: Last Name: GUIJARRO First Name: EDGAR Middle Name: Status As Of: Feb-23-2021 Certificate ID: 208Z34LF92GWWMQ on Acsve Daty csl Advs Duty shuts Dale Adhe Duly snd osw I eefus NA I No Tba response mbscwswmdwduasr ace ed ty stat s based one e Adnwody sun s Date I Smvwe Compdwd NA felt Aethm Duly vNeltn 302 Days ofAuthe Duty asha Dale Actus thdy Snd Outa I eahw I No Tha response retracts wmmifee mdivhluel left actwe datydduawe/mair days precedes Ihe Ache D ty status Date lhdsr~ eart Dals TbeMmatnaer NhnterunhweawosbmtafapaauucwwpdnchmMy IutAudveDdy sbthsodOdmehdsusfm Sud tbm Smhs I NA I ': ', -mf This response rebects whether the iidwdsdorbalfmruns has reeewdlaety nosadthn to n prt um ddy NA Upon searching the data banks of the Department of Defense Manpower Data Center, 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 indudes information on a Senricemember or his/her unit receding notification of future orders to repoh for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd Seaside, CA 93955 The Defense Manpower Data Cfmier 'DMDC's ar, oeanization of the Depadrnert cf Decree (Doc'hai mmnlains lhe Defense Emo!finwnl are Eligibility Reporting System (DEERS) database which is the offiaal 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. g 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, fnend. or representative asserts in any manner that the individual was on active duty for the actwe duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service Service contact information can be found on the scRA website's FAQ oage (035) via this URL httos;//sera dmdc.osd.mil/sera/¹/fans. If you have evidence the oerson was on active duty for the actrve duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50!/SC App 5 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 357 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Adive 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 active duty periods less than 30 consecutive 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 President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they suppoh. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the Nabonal Oceanic and Atmospheric Administration (NCAA Commissioned Corps). Coverage Under the SCRA is Sroader in Some Cases Coverage under the SCRA is broader in some cases and includes some categones of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate SCRA protections are for Title 10 and Title 14 active duty records for ail the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC 5 101(d)(1) Many times orders are amended to extend the period 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 service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun actwe duty or actually 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 active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that afi rights 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