Judgment Default

Cal. Super. - 6th Dist.April 8, 2021

on 8/1 3/2021 6:47 AM Reviewed By: D Harris Envelope. 7054824 JUD_100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY Anna C. Karkoon, State Bar #295797 Christine Siduguen, State Bar #240380 Paul J. Klemm, State Bar #199194 RAUSCH STURM LLP 250 N. Sunnyslope Road, Suite 300 Brookfield WI 53005 TELEPHONE N0.; (877) 215-2552 TTY: 711 FAX N0. (Optional); (877) 396-4464 E-MAIL (Optional): LawfirmCA@rsieh.com ATTORNEY FOR Wame): PLAINTIFF SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 NORTH FIRST STREET MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE, CA 951 13 BRANCH NAME; DOWNTOWN SUPERIOR COURT PLAINTIFF: TD Bank USA, N.A. DEFENDANT: M PATRICIO-GARCIA JUDGMENT CASE NUMBER: By Clerk By Default El After Court Trial 21CV379972 U By Court U 0n Stipulation U Defendant Did Not Appear at Trial JUDGMENT 1. BY DEFAULT a. Defendant was properly served with a copy of the summons and complaint. b. Defendant failed t0 answer the complaint 0r 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. Clerk’s Judgment (Code CiV. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of this state for the recovery 0f money. U Court Judgment (Code CiV. Proc., § 585(b)). The court considered (1) U plaintiff’s testimony and other evidence. (2) U plaintiffs written declaration (Code CiV. Proc., § 585(d)). 2. U ON STIPULATION a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated judgment and b. U the signed written stipulation was filed in the case. c. U the stipulation was stated in open court U the stipulation was stated 0n the record. 3. U AFTER COURT TRIAL. The jury was waived. The court considered the evidence. a. The case was tried 0n (date and time): before (name ofjudicial oficer): b. Appearances by: FD U Plaintiff (name each): U Plaintiff’s attorney (name each): (1) (1) (2) (2) U Continued on Attachment 3b. U Defendant (name each): U Defendant’s attorney (name each): (1) (1) (2) (2) U Continued on Attachment 3b. c. U Defendant did not appear at trial. Defendant was properly served with notice of trial. d. U A statement of decision (Code CiV. Proc., § 632) U was not U was requested. Page 1 of 2 Form Approved for Optional Use Code of Civil Procedure, §§ 585, 664.6 Judicial Council ofCalifomia JUDGMENT JUD-IOO [New January 1, 2002] 4136793 JUD-100 PLAINTIFF: TD Bank USA, N.A. DEFENDANT: M PATRICIO-GARCIA CASE NUMBER: 21CV379972 JUDGMENT IS ENTERED AS FOLLOWS BY: U THE COURT THE CLERK 4. U Stipulated Judgment. Judgment is entered according to the stipulation of the parties. 5. Parties. Judgment is a. for plaintiff (name each): TD Bank USA, N.A. and against defendant (names): M PATRICIO-GARCIA D Continued 0n Attachment 5a. b. U for defendant (name each): 6. Amount. a. Defendant named in item 5a above must pay plaintiff on the complaint: c. U for cross-complainant (name each): and against cross-defendant (name each): D Continued on Attachment Sc. d. U for cross-defendant (name each): c. U Cross-defendant named in item 5c above must pay cross-complainant on the cross-complaint: (1) Damages $ 1 ,345.27 (1) U Damages $ (2) D Prejudgment $ (2) U Prejudgment $ interest at the interest at the annual rate of % annual rate of % (3) U Attorney fees $ (3) U Attorney fees $ (4) Costs $327.90 (4) D Costs $ (5) U Other (Specifiz): $ (5) U Other (specifiz): $ (6) TOTAL $1,673. 17 (6) TOTAL $ b. D Plaintiff to receive nothing fiom defendant named in item 5b. D Defendant named in item 5b t0 recover costs $ D and attorney fees $ 7. U Other (Specifiz): d. U Cross-complainant t0 receive nothing from cross-defendant named in item 5d. U Cross-defendant named in item 5d to recover costs $ D and attorney fees $ Date: JUDICIAL OFFICER Date: U Clerk, by , Deputy (SEAL) CLERK’S CERTIFICATE (Optional) JUD-IOO [New January 1, 2002] I certify that this is a true copy of the original judgment on file in the court. Date: Clerk, by , Deputy Page 2 of 2 JUDGMENT 41 36793