Judgment Default

Cal. Super. - 6th Dist.March 18, 2021

on 9/16/2021 10:46 AM Saizaccgiagglléivil REViewed By: A- Villanueva Envelo e: 7278488 JUD-100 FOR COURT USE ONLY A. VillanuevATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): JANET L. BROWN / MARTIN HOFFMANN / MASON ARIA, SBN 208602 / 248141 I336636 _ ZWICKER & ASSOCIATES, P.C. 1320 WILLOW PASS ROAD SUITE 730 CONCORD, CA 94520 TELEPHONE No; (925)689-7070 FAX No. (Optional): (925)689-7077 E-MAIL ADDRESS (optional); ZACNL|T|GAT|ON@ZW|CKERPC.COM ATTORNEY FOR (Name): DISCOVER BANK SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. FIRST STREET MAILING ADDRESS: 191 N. FIRST STREET CITY AND ZIP CODE: SAN JOSE, CA 951 13-1090 BRANCH NAME: MAIN COURTHOUSE PLAINTIFF: DISCOVER BANK DEFENDANT: KEVIN AGBAYANI JUDGMENT CASE NUMBER: E By Clerk X By Default D After Court Trial 21 CV379047 D By Court D On Stipulation D Defendant Did Not Appear at Trial JUDGMENT 1. g BY DEFAULT a. Defendant was properly served with a copy of the summons and complaint. b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law. c. Defendant's default was entered by the clerk upon plaintiff's application. d . E Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract orjudgment of a court of this state for the recovery of money. . D Court Judgment (Code Civ. Proc., § 585(b)). The court considered (1) D plaintiff's testimony and other evidence. (2) D plaintiff‘s written declaration (Code Civ. Proc., § 585(d)). CD 2. D ON STIPULATION a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated judgment and b. D the signed written stipulation was filed in the case. c. D the stipulation was stated in open court D the stipulation was stated on the record. 3. D AFTER COURT TRIAL. The jury was waived. The court considered the evidence. a. The case was tried on (date and time): before (name ofjudicial officer): b. Appearances by: D Plaintiff (name each): D Plaintiff's attorney (name each): (1) (1) (2) (2) D Continued on Attachment 3b. D Defendant (name eaCh)-' D Defendant's attorney (name each): (1) (1) (2) (2) D Continued on Attachment 3b. c. D Defendant did not appear at trial. Defendant was properly served with notice of trial. d. D A statement of decision (Code Civ. Proc., § 632) D was not D was requested. Page 1 of 2 Form Approved for Optional Use Code of Civil Procedure, §§ 585, 664.6 Judicial Council of California JUDGMENT JUD-100 [New January 1, 2002] American LegalNet, Inc. www.FormsWorkf/ow.com CIV-110 PLAINTIFF: DISCOVER BANK DEFENDANT: KEVIN AGBAYANI CASE NUMBER: 21 CV379047 JUDGMENT IS ENTERED AS FOLLOWS BY: D THE COURT E THE CLERK 4. D Stipulated Judgment. Judgment is entered according to the stipulation of the parties. 5. Parties. Judgment is a. g for plaintiff (name each): DISCOVER BANK and against defendant (names): KEVIN AGBAYANI D Continued on Attachment 5a. b. D for defendant(name each): 6. Amount. a. E Defendant named in item 5a above must pay plaintiff on the complaint: c. D forcross-complainant(name each): and against cross-defendant (name each): D Continued on Attachment 50. d. D for cross-defendant(name each): c. D Cross-defendant named in item 50 above must pay cross-complainant on the cross-complaint: (1) Damages $ 4,089.33 (1) D Damages $ (2) D Prejudgment (2) D Prejudgment interest at the $ interest at the $ annual rate of 10.00 % annual rate of % (3) D Attorney fees $ (3) D Attorney fees $ (4) Costs $ 359.00 (4) DI Costs $ (5) D Other (specify): $ (5) D Other (specify): $ (6) TOTAL $ 4,448.33 (6) TOTAL $ 0.00 b. D Plaintiff to receive nothing from defendant named in d- D CFOSS'ComPIainant t0 receiVe “Othing from CFOSS- item 5b_ defendant named in item 5d. D Defendant named in item 5b to recover costs $ D and attorney fees $ 7. D Other (specify): D Cross-defendant named in item 5d to recover costs $ D and attorney fees $ Date: D JUDICIAL OFFICER Date: D Clerk, by , Deputy (SEAL) CLERK'S CERTIFICATE (Optional) | certify that this is a true copy of the original judgment on file in the court. Date: Clerk, by , DepUty Page 2 of2 JUD-1OO [New January 1, 2002] JUDGMENT American LegalNet, Inc. www.FormsWarkf/ow.com