Default Not Entered

Cal. Super. - 6th Dist.November 20, 2020

on 2/5/2021 3:31 PM Reviewed B : D Harris Envelope: 91 561 CIV-100 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No: FOR COURT USE ONLY NAME: Aaron P. Silberman (SBN 161021) / Richard M. Harris (SBN 268171) FIRM NAME: Rogers Joseph O'Donnell STREET ADDRESS: 3 11 California Street, 10th Floor CITY: San Francisco STATE: CA ZIP CODE: 94104 TELEPHONE No.: (415) 956-2828 FAX No.: (415) 956-6457 E-MAIL ADDRESS: rharris@1‘j0.com ATTORNEY FOR (name): PlaintiffIDAHO PACIFIC LUMBER COMPANY SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: 191 N0. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, Ca 95 1 13 BRANCH NAME: SANTA CLARA PIaintiff/Petitioner: IDAHO PACIFIC LUMBER COMPANY Defendant/Respondent: ARTCAD BUILDERS INC, et a1. REQUEST FOR m Entry Of Default D Clerk's Judgment CASE NUMBER: (Application) D Court Judgment 20CV373855 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.)(see CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): November 20, 2020 b. by (name): IDAHO PACIFIC LUMBER COMPANY c. m Enter default of defendant (names): LD MILPITAS PROPERTY, LLC d.D | request a courtjudgment under Code of Civil Procedure sections 585(b), 585(0), 989, etc., against defendant (names): (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., § 585(d).) e.D Enter clerk'sjudgment (1) D for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(0) does not apply. (Code Civ. Proc., § 1169.)D Include in the judgment all tenants, subtenants, named claimants, and other occupants ofthe premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) D under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) D for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint ....................... $ $ $ 0.00 b. Statementof damages* (1) Special ................................... $ $ $ 0.00 (2) General ................................... $ $ $ 0.00 c. Interest ............................................ $ $ $ 0.00 d. Costs (see reverse) ....................... $ 0.00 $ $ 0.00 e. Attorney fees ................................. $ $ $ 0.00 f. TOTALS .......................................... $ 0.00 $ 0.00 $ 0.00 g. Daily damages were demanded'In complaint at the rate of. $ per day beginning (date): (* Personal Injury or wrongful death actions; Code Civ. Proc.,§ 425. 11.) 3. D (Check if filed'In an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: February 5, 2021 > fl Q.Rlchard M Hams (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1)D Default entered as requested on (date): USE ONLY (2)D Default NOT entered as requested (state reason): Clerk, by , Deputy Page 1 of2 F°’m-Ad°p‘ed-f°’Ma“-dat°’yUse Emmy REQUEST FOR ENTRY 0F DEFAULT C°de°f°‘v“ ”med“’e'fififii'ffil'cyifv [Rev. January 1, 2020] (Application to Enter Default) FILED County of Santa Clara Superior Court of CA Clerk of The Court 20CV373855 By: DHarris 02/05/2021 Dismissal of entire case filed on 03/04/21.X DHarris CIV-1 00 PIaintiff/Petitioner: IDAHO PACIFIC LUMBER COMPANY CASE NUMBER: Defendant/Respondent: ARTCAD BUILDERS INC, et a1. 20CV373855 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant D did m did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5.m Declaration under Code Civ. Proc., § 585.5 (for ently of default under Code Civ. Proc., § 585(a)). This action a.D is m is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b.D is m is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. D is m is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Defaultwas a.D not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b.m 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 5, 2021 (2) To (specify names and addresses shown on the envelopes): LD MILPITAS PROPERTY, LLC 53 14 N. River Run Drive, Suite 3 10 Provo, UT 84604 | declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date: February 5, 2021 I aurie Stoker (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required ifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk's filing fees ............................................. $ . Process server's fees ....................................... $ . Other (specify): $ $ . TOTAL ............................................................ $ 0 00D Costs and disbursements are waived. . | am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. corhmgoc | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: b (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required forajudgment). No defendant named in item 1c ofthe application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 391 1(2), or California Military and Veterans Code sections 400 and 402(f). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. b (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Date: Page 2 of 2C'V‘O‘imev- “$320201 REQUEST FOR ENTRY 0F DEFAULT Egg“ DESSFWBS. (Application to Enter Default)