Default PendingCal. Super. - 6th Dist.April 1, 2021FAX NO /Opttonat/ 408-362-2299 GITY AND ZIP coDE San Jose CA 95113 BRANGH NAME: Downtown Superior Court PLAINTIFF/PETITIONER Department Stores National Bank ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State aar numoer and addteaal: Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Nicholas Mortl ¹337745 7017 Realm Dr., San Jose CA 95119 TELEPHONE NO. 800-680-2426 E-MAIL ADDREss /optional): infot¹hunthenriques.corn ATTORNEY FOR tlvamet Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET AooREss 191 North First Street MAILING ADDRESS. FOR COURT USE ONLY CIV-100 DEFENDANT/RESPONDENT: LIZA ARREOLA REQUEST FOR DLI Entry of Default HU Clerk's Judgment 21CV37m9895(Application) 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 (dare)t April 1, 2021 b, by (name)t Department Stores National Bank c. DQ Enter default of defendant (names): Liza Arreola d. ~ I request a court judgment under the Code of Civil procedure sections 585(b), 585 (c), 989, etc., against defendant (names)t Balance 3,571.84 292.00 3,863.84 (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ Proc., ¹ 585(d).) e. QQ 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, ¹ 1169.)~ Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Ciaim of Right io Possession was served in compliance with Code of Civil Procedure section 415.46. (2) ~X under Code of Civil Procedure section 585(a). (Comp/ete the declaration under Code Civ Proc., f585.5 on the reverse (i/em 5).) (3) M for default previously entered on (date) 2. Judgment to be entered. Amount Credits acknowledoed a. Demand of complaint............. $ 3,571.84 0.00 b. Statement of damages* (1) Special ...................... $ $ $ (2) General..................... $ $ $ c. Interest......................... $ $ $ d. Costs (see reverse) ............... $ 292.00 $ 0.00 e. Attorney fees ...............,.... $ $ $ TOTALS........................ $ 3,863.84 0.00 g. Dally damages were demanded in complaint at the rate of: $ per day beginning (dale): (* Personalinjury or wrongful death actions; Code Civ. Proc., ¹ 425.11.) 3. C] (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (comp/ete item 4). Date: December 6, 2021 Nicholas Marti ¹337745 (TYPE OR PRINT NAME) (SIGNATURE OAPLAINTIFF OR ATTORNEY FOR PLAINTIFF) (I) Q FOR COURT USE ONLY Form Adoptedfor Mandatory Uae Judtaal Counal of California CIV.ICO[Reu Jenuaty I, 2020] DD0002CN Default entered as requested on (date)t Default NOT entered as requested (slate reason)t Clerk, by REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) IIIIIIIIIIRIIIIIIIIIIIISIIIIIII , Deputy Page f of 2 Code of Coal Ptoa.'dure, tig 555-557, I I as tvww ooiltla oa.goi 1 44601 5.001 on 12/8/2021 10:38 AM Reviewed By: A. Villanueva Envelope: 7817513 21CV379695 Santa Clara - Civil A. Villanueva PLAINTIFF/PETITIONER. Department Stores National Bank DEFENDAiNT/RESPONDENT: LIZA ARREOLA CASE NUMBER. 21CV379695 CIV-100 4 lddaltlo m pt d imusnto plawf ld 2 ip as ' pt(R s apof 0 d aaanneaseq'I al Id pta ' pt or unlawful detainer assistant ~ did ~X did not tor compensation give advice or assistance with this form. // Declarant hss received any help or advice for psy /rom a legal document assistant or un/sw/u/ detainer assis/snr, state: a. Assistant's name: D. Street address, city, and zip code: c. Telephone no.. d. County of registration: e. Registration noz f. Expires on (date)i 5 M Declaration under code of civ. Proc., 8 585.5 (/or enlry of de/su/I under code civ. Proc., g 585(s)). This action a. H is IXI is not on a contract or installment sale for goods or services subject to Civ. Code, 6 1801 et seq. (Unruh Act). b. C3 is MX is not on a conditional salescontractsublect toCiv Code, 5 2981 etseq (Ress-Leveding Motor Vehicle Sales and Finance Act). c. tX is H is not on an obligation for goods, services, loans, or extensions of credit subject to Code of Civ Proc, g 395(b) (2) To (specify names snd addresses shown on the envelopes) Nicholas Moni ¹337745 6 Declaration of mailing (Code of Civ. Proc., 9 587). A copy of this Request for Entry of Defaujl was a. ~ not maffed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names)i b. ~X mailed first class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, tc each defendant's last known address as follows: (1) Mailed on (date)i December 6, 2021 Liza Arreola 225 Spding Ave Morgan Hill CA 95037-5044 I declare under penalty of peglury under the laws of the state of california that the foregoing items in 4, 5, and 6 are true and correct. Date: December 6, 2021 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if money jbdgmenl requesfed) costs and disbursements are as follows (code civ Proc, 6 1033.5): a. Clerk's filing fees ...................... $ 225.00 b. Process server's fees................... $ 67,00 r Other (eneclfy I. d. 5 YOTAI 292.00 f. ~ Costs and disbursements are waived. Nicholas Mort( ¹337745 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 foregoing is true and correct. Date: December 6, 2021 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8 Declaration of nonmilitary status (required for a judgmen/). No defendant named in item lc 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 5 3911(2), or California Mihtary and Veterans Code sections 400 and 402(f). 12/06/2021NOT ACTIVE decare Under penalty of periury un srlhe lag soll e State of ualimrnia that t efu egui D S I ue dl u col ecl Date: December 6, 2021 Nicholas Mort) ¹337745 (TYPE OR PRINT NAME) Civ-100 IRev January 1. 2020) DD0002CG Is)GNATURE OF DECLARANT) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Page 2 of 2 1 44601 5. 001 Department of Defense Manpower Data Center I Pb da Resuas as of . Decots2921 11 19 99 AM SCRA 5.11 ' I Sv SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: XXX-XX-5546 Mar-XX-1973 ARREOLA LIZA Dec-06-2021 WR663WTLDCS602J On Auhw DWT On Avow DWT Saha Data Acsvs Duty end Oslo Sehiv I No Th'e iesponei iselcfsdia Md 'wwfd aces d 17 stsss 9 ww on Ihe Acsvv Duty solus Dale I Sennce owponenl NA Lett Acsw Duty sabin ssy Days ofAceva Duty sinew oats Duty hnd Dde I Sinus No The response wflsws wtimufle ndne! al left actus dul! swus wawi sl7 days p~sp lhs Aasve Duty status Dale NA NA The Mawhsror HisfHsr unh was Nohaad ef s pldwa casup lo flsyw Duly m Aces Duty sahe oats Order hhdtSW SW Oas I Snow It ', ps Tha new nse resecto nether the indhdduworhalhwuel hao terndvelaefty notacefw I mwd fo adnw duty Upon searching the data banks of the Department of Defense Manpower Data Carlfer, based on the Information that you provided, ths 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 Fons, NCAA, Public Health, and Coasl Guard). This status indudes information on a Servicemember or his/her unit recewing notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Date Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (Doc) that maintains the Defense Enrollment and Eligibilitv Reporting system (DEERs) database which is the official 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 ndi" d al i c e uy o active duty'" vsportses, aird hss experieirced oirly e srnal error raie in ihe eveni the individuai referenced above, or any famiiy 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 verification of the person's status by contacting that person's Service Service contact information can be found on the SCRA website's FAQ page (035) via this URL'ttps://sera dmdc.osd.mil/sera/¹/faqs. If you have evidence the person was on active duty for the active 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. g 3921(c). ThiS reSpOnae refleCtS the fOIIOWing infOrmat!On. (1) The r diVid a!'S AC! .e D t, Siatue On!he AaiVe Dcqy Statu Date (2) Wi cthe. 0 e indiV!dua! !eft Am!Ve Duty status within 367 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 Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC g 101(d) (1). 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 adive service authorized by the President or the Secretary of Defense under 32 USC g 502(f) for purposes of responding to a national emergency dedared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization powtion in the unit they support This in/sudan Navy Training snd Administration of the Reserves (TARs), Marine 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 officer of the U.S. Public Health Service or the National 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 includes some categories of persons on ective duty for purposes of tha 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 all the Uniformed Services periods. Title 32 oeriods of Active Duty are not covered by SCRA, as de5ned in accordance with 10 USC 6 101(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 certiflcation 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 active duty or actually reporled for induction. The Last Date on Active Duiy entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could mly c . this certificate are urged to seek q a!Ified lm!al counsel to ensure that all .ights guaranteed to Servirw members under the SCRA sm proie ie i WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing n ' rio ili ~ » ms i r I
