Default Not EnteredCal. Super. - 6th Dist.March 2, 2021on 6/16/2021 4:30 PM Reviewed By: D Harris Envelope: 6665042 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR N03 306 1 3 3 FOR COURT USE ONLY NAME: Paymon Hifai FIRM NAME: HORNER LAW GROUP, P.C. STREET ADDRESS: 800 S. Broadway, Suite 200 CITY: Walnut Creek STATE:CA ZIP CODE: 94596 TELEPHONE No.: (925) 943_6570 FAX No.: (925) 943-6888 E-MA'LADDRESS= phifai@homerlawgr0up.com ATT0RNEYF0R= Frederick Hart, Jr., Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: Santa Clara 951 13 BRANCH NAME Downtown Superior Court PIaintiff/Petitioner: Frederick Hart, Jr, Defendant/Respondent Michael Hart, an individual, et a1. REQUEST FOR Entry of Default E Clerk's Judgment (Application) E Court Judgment 21CV378991 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see CIV-105) CIV-1 00 CASE NUMBER: 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): 03/02/2021 b. by (name): Frederick Hart, Jr. C- Enter default Ofdefendant (names): Michael Hart, an individual; Frances Hart, an individual; Tracy Hart DeGregorio, an individual; and Gail A. Hart, an individual d. E | 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. E Enter clerk’s judgment (1) E 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.)E 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) E under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) E for default previously entered on (date): 2. Judgment to be entered. M WE m a. Demand of complaint ............. $ $ $ b. Statement of damages* (1) Special .................... $ $ $ (2) General .................... $ $ $ c. Interest ........................ $ $ $ d. Costs (see reverse) .............. $ $ $ e. Attorney fees ................... $ $ $ f. TOTALS ...................... $ TBD $ $ TBD 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. 1 1.) 3. E (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). DateJune 16, 2021 Vi r Paymon Hifai ’ I ?- (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) E Default entered as requested on (date): USE ONLY (2) E Default NOT entered as requested (state reason): Clerk, by , Deputy Page 1 ofz isavgisdssazirgftmsssgzz5.8V:00 REQUESTFoRENTRv OFDEFAULT 3338:;sszxcyssv [Rev. January 1, 2020] (Application to Enter Default) LexisNexis® Automated California Judicial Council Forms FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV378991By: DHarris FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV378991 By: DHarris 06/16/2021 confer on 06/14/2021. Defendant filed a decl to meet and X DHarris CIV-100 Plaintiff/Petitioner: Frederick Hart, Jr. CASE NUMBER: Defendant/Respondent: Michael Hart, an individual, et a1. 21CV378991 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant E did 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: Telephone no.: County of registration: Registration no.: Expires on (date): b. Street address, city, and zip code: rhsngo 5. Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(6)). This action a. E is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. E is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. E is 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 Default was a- E not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff‘s attorney (names): b. 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): (2) To (specify names and addresses shown on the envelopes): June 16, 2021 Douglas Scott Maynard, Esq., 1151 Minnesota Avenue, San Jose, CA 95 125 | declare under penalty of perjury under the laws of the State of California that the fnrenninn items 4, 5, and 6 are true and correct. Date:June 16, 2021 ’ %M @MMLSharon Piserchio (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. Clerk‘s filing fees .................... $ b. Process server‘s fees ................. $ c. Other (specify): $ d. $ e. TOTAL ............................. $ TBD f. E Costs and disbursements are waived. g. | 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. | declare under penalty of perjury under the laws of the State of California that the foreaoino is true and correct. DatezJune 16 2021 / (I ' 9 [I V Paymon Hifai ’ 7- (TYPE OR PRINT NAM E) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required for a 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. § 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 thP fnmminn ie "I ID and correct. Date: June 16, 2021 f. V/ r ' Paymon Hifai > 7h (TYPE 0R PRINT NAME) (SIGNATURE OF DECLARANT) C'V'wo [ReV- January 1v 20201 REQUEST FOR ENTRY OF DEFAULT Pagezm (Application to Enter Default) LexisNexis® Automated California Judicial Council Forms