Default PendingCal. Super. - 6th Dist.March 17, 2021FAx No (opaonas 408-362.2299 PLAINTIFF/PETITIONER: TD BANK USA, N.A. DEFENDANT/RESPONDENT: SILVIA RODRIGUEZTORRES ATTORNEY OR PART" WITHOUT ATTORNEY (Norns, Stale set number, endaddress)'unt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Keri L Salet ¹318913 701 7 Realm Dr., San Jose CA 95119 7ELEPHONE Nos 800-680-2426 E-MAIL ADDREBB lopdonal) infoSShunthenriques.corn AmoRNEY Fon irtame) Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SARI'A CLARA BTREET AooREss 191 North First Street MAILING ADDRESS. DITY AND zIPGCDE. San Jose CA 95113 BRANGH NAME: Downtown Superior Court FOR COURT USE ONLY CIV-100 REQUEST FOR EE Entry of Default ~ Clerk's Judgment 2tOV3 8955(Application) Court Judgment Not for use in actions under the Fair Debt Buying Practices Act (civ. code, I'I 1788.50 et seq.) (see civ-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date))March 17, 2021 b. by (name)l TD BANK USA, N.A. c. BG Enter default of defendant (nsmes) SILVIA RODRIGUEZTORRES d. ~ I request a court judgment under the Code of Civil procedure sections 585(b), 585 (c), 989, etc., against defendant (names)l Balance 3,079.31 292.00 3,371.31 (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a)udgmenl on an affidavit under Code Civ. Proc., f 585(d).) e. DLl Enter clerk's judgment (1) ~ 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.)M Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The prejudgment claim of Right ro possession was served in compliance with code of civil procedure section 415.46. (2) QQ under code of civil Procedure section 585(a). (comp)ele the declaration under code ci v. Proc., ¹ 585.5 on the reverse (itsm 5).) (3) ~ for default previously entered on (dare)l 2. Judgment to be entered. Amount Credits acknowiedqed a. Demand of complaint.............. $ 3,079.31 $ 0.00 b. Statement of damages" (I) Special ..................,... $ $ $ (2) General..................... $ $ $ c. Interest......................... $ $ $ d. Costs (see reverse) ............... $ 292.00 0.00 e. Attorney fees ................... $ $ $ f. TOTALS....................... $ 3,371.31 0.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (dale). ( Personal injury or wronglui desfh actions; code ci v. Proc., ¹ 425. f 7.) 3 ~ (Checkif filedin an unlawful detainer case.) Legal document assistant or unl the reverse (complete item 4). Date: October 4, 2021 Keri L. Salet ¹)18913 ul detainer assistant information is on (TYPE OR PRINT NAME) (1) ~ Default entered as requested on (dale)l (2) LL Default NOT entered as requested (aisle reason): FOR COURT USE ONLY Clerk, by (tIGNATUUIE OF PLAINTIFF OR ATTORNC ( OR PLAINTIFF) , Deputy pace i orZ Form Adopted for Mandatory Use Judiaal Counal of California Clv-I OD (Rev January I, 2525I DD0002CN REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Illlllllllmllllllllllllllllll Code of Oel Procedure, 0 555-557, i f 55 www soir/Is oa pot 1430449.001 on 10/6/2021 11:32 AM Reviewed By: A. Villanueva Envelope: 7410759 21CV378955 Santa Clara - Civil A. Villanueva PLAINTIFF/PETITIONER. TD BANK USA, N.A. DEFENDANT/RESPONDENT: SILVIA RODRIGUEZTORRES CASE NUMBER. 21CV376955 CIV-100 4. Legal document assistant or unlawful detainer assistant (Bus. (k Prof. Code, 8 6400 et seq.). A legal document assistant or unlawful detainer assistant M did ~X did not for compensation give advice or assistance with this form. ll DeClarant haa reCeiVed any help Or aOVic.. rOr p y frOm a legal dOCument aSSiStant Or Un/SW/ul detainer uSS/Slant Stale: a. Assistant's name: b. Street address, city, and zip code: c. Telephone noJ d. County of registration: e. Registration noJ f. Expires on (dale). 5. DO Declaration under code of civ. Proc., g 585.5 (/or entry of de/au/i under code civ. Proc., g 585(a)). This action a. j- j is ~K is not on a contract or installment sale for goods or services subject to Civ. Code, g 1801 et seq. (Unruh Act). b. M is EK is not on a conditional sales contract subject to Civ. Code, g 2981 et seq. (Ress-Levering Motor Vehicle Sales and Finance Act). c. CK is C j is not on an obkgation for goods, services, loans, or extensions of credit subject to Code of Civ. proc., $ 395(b) 6. Declaration of mailing (Code of Civ. Proc., g 587). A copy of this Request lor Entry ol De/au/i was a ~ not mailed to the following defendants, whose addresses are unknown to piaintiff or plaintiff's attorney (namesj: b. DQ 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 (dale)i October 4, 2021 (2) To (spec//y names and addresses shown on the enve/opes) SILVIA RODRIGUEZTORRES 3341 MONROE ST APT 8 SANTA CLARA CA 95051-1442 I declare under penalty of penury under the laws of the State of Date: October 4, 2021 California that the foregoin ms in 4, 5, and 6 ar rue and correct Keri L. Salet ¹318913 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (requiredifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ proc g 1033.5): a. Clerk's filing fees....,.............. $ 225.00 b. Process server's fees................ $ 67.00 c. Other (specily)...................... $ d. $ e. TOTAL $ 292.00 f. M Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessanly incurred in this case. I declare under penalty of perjury under the laws of the State of California that the for Date: October 4, 2021 Keri L. Salet ¹318913 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the appkcation is in the military sennce as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C, App. fj 3911(2), or California Military and Veterans Code sections 400 and 402(f). 10/04/2021NOT ACTIVE r wrln enalh nine I n nrls ihe I I)he Si le nf i,alii 0 ih iiho I oniQ)n Min 0 nnrl rnrrnrax Date: October 4, 2021 Keri L Salet ¹318913 (TYPE OR PRINT~NAME Crv-I 00 (Rav January I 2020) DD0002CG ISIGNATURE OF DECLARANTI REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Paaa 2 Ol 2 1430449.001 Department of Defense Manpower Data Center rich.~h- asfik ~ ~ ~ I ss tigF Recuse as of . Odcl 2021 12rseol PM SCRA 5 P SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: XXX-XX-5044 Jun-XX-1980 RODRIGUEZTORRES SILVIA Oct-04-2021 QQX5GVPS6KWF5FT NA On Adhw Duly On Adlve Duly Status Oats I Aeyve Duty Snd Oah I Sahs N/t Ne This nwponw! Mawhraelrrd fhrsls'd'wa duty slahs tr sado the Adlvesw sehrs Date I Sennos Cemponanl NA has Acew Duly vsmh shr nays ofAcsve Duly slehw Dah Anew Dtw ow Dsh I shee f' No This response redade when sra 'mdhdual lett sctwe duly shluawaar ssy days pmeed/as Ihe Aohve Duly stat s Dat TheMamher or H'e/He last wm Nomadof a Future cued/it la Acth» Duly u Adlm Duty scow oals- cmmhdacremsdosh I Slaw hh' The response redada weath w IheindMawa Mtm/hw umlhas rewswddirty noshesm to repon fo scave duly 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 scbive duty status date as to aii branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NCAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty Michael V. Sorrsnto, Director Department of Defense - Manpower Data Center 400 Gigllng Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organizabon of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the oflicial source of date on eligibility for military medical care and other eligibiiiiy systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. Ii 3901 et seq, as amended) (SCRA) (formerly known as ihe Soldiers'nd Sailors'ivil Relief Act o 1940). DMDC ha ihmuml hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the indwidual 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 verilication of the person's status by contacting that parson's Service. Service contact informefion can be found on the SCRA website's FAQ page (Q35) via this URL: htlps://sara.dmdc.osd.mrl/sera/¹/faqs. If you have evidence the person was on arriive duty for the ective 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. 5 3921(c). This response reflects the following information: (I) The individual's Active Duty status on the Active Duty status Date (2) whether the individual left Acbive Duty status within 367 days preceding the Acfive Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duly on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this oertificate 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 indudes 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 end supported by Federal funds. Afi Acfive Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Manna Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to s Uniformed service member who is an active duty commissioned oflicer of the U.s. Public Health Service or the Nafional 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 induces some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA pmtemions are for Tifie 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 atzordance with 10 USC 5 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protecfions. Persons seeking to rely on this webeite certification should check to make sure the orders on which SCRA protecbons 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 adive duty or actusfiy reported for induction. The Last Date on Amive Duty enby 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 en erroneous certificate to be provided.
