Default PendingCal. Super. - 6th Dist.April 23, 2021Fax No (opttonai) 408-362-2299 clTY AND zIP coDE San Jose CA 95113 BRANGH NAME Downtown Supenor Court PLAINTIFF/PETITIONER. JPMorgan Chase Bank, N.A. DEFENDANT/RESPONDENT: SARA RABIEY ATTORNEY OR PARTY W THOUT ATTORNEY (Name, Stele sar numcer and addmss). Hunt & Henriques Attorneys at Law Donald Sherrill, Esq. ¹266036 Keri L. Salet ¹318913 7017 Realm Dr., San Jos¹ CA 95119 TELEPHoNE No. 800-680-2426 E-MAIL ADDREss (opsonalr infoehunthenriques.corn ATTORNEY FOR (Ivame) Plainti(f SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET AooREss 191 North First Street MAILING ADDRESS FOR COURT USE ONLY CIV-100 REQUEST FOR DO Entry of Default j-)L) Clerk's Judgment 21 V36~(033(Application) Court Judgment Not for use in actions under the Fair Debt Buying practices Act (Civ. Code, ti 1788.50 et seq.) (see C(V-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date)( April 23, 2021 b. by (name)i JPMorgan Chase Bank, N.A. c. ~X Enter default of defendant (names): SARA RABIEY d. M I request a court judgment under the Code of Civil procedure sections 585(b), 585 (c), 989, etc., against defendant (names)i $ $ $ 0.00 $ 0.00 per day beginning (date) 11,262.32 Date: Auqust 25, 2021 Keri L. Salet 4318913 (Testimony required. Apply (o the clerk for a heanng date, unless the court will enter a judgment on an affidavit under Code C(v. Proc., 9 585(d). j e. ~X 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., 9 1169.)~ Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment C(aim of Rtght (o Possession was served in compliance with Code of Civil Procedure section 415.46. (2) ~X under Code ot Civil Procedure section 585(a). (Comp(ete the declaration under Code Civ. Proc., 9 5855 on (he reverse (item 5).j (3) M for default previously entered on (date)i 2. Judgment to be entered. Amount Credits acknowledqed Balance a. Demand of complaint.............. $ 11,262.32 0.00 11,262.32 b. Statement of damages* (1) Special ..................... $ $ (2) General...................... $ $ c. Interest ....................... $ $ d. Costs (see reverse) ............... $ 0.00 e. Attorney fees ................... $ $ f. TOTALS...................... $ 11,262.32 g. Daily damages were demanded in complaint at the rate of: $ (* Personal injury or wrongful death actions; Code Civ. Proc., 9 425.11.) 3. ~ (Check i( filed in an unlawful detainer case.) Legal document assistant the reverse (comp(ete Item 4). (TYPE OR PRINT NAME) (1) ~ Default entered as requested on (date): (2) ~ Default NOT entered as requested (state reason): FOR COURT USE ONLY Clerk, by (SIG)UITURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) , Deputy Pasetot2 Form Adopted for Mandatory Use Judfaal Counal of Caldomta CIV-100 [Rev Januatv 1. 2020) DD0002CN REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) lllllllll8III5IIIIIINIIIIIIIIIIIIR IIII Code of Cfva Procedure, Ii!I 595-527, 1159 www courtsca pov 1 455445.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/27/2021 10:13 AM Reviewed By: A. Villanueva Case #21CV381033 Envelope: 7152882 21CV381033 Santa Clara - Civil A. Villanueva PLAINTIFF/PETITIONER: JPMorgan Chase Bank, N.A. DEFENDANT/RESPONDENT. SARA RABIEY CASE NUMBER: 21CV381033 Cfv-100 4 Legal document assistant or unlawful detainer assistant (Bus. 5 prof. Code, 5 6400 et seq.). A legal document assistant or unlawful detainer assistant M did MX did not for compensation give advice or assistance with this form. If Declarant has received any help or sdv/ce for pay Irom a legal document assistant or un/awf r/ detainer ass/s/anl, state: a Assistant's name: b Street address, city, and zip code: c. Telephone noJ d. County of registration: e. Registration no; f. Expires on (date)i 5 MX Declaration under Code of Civ. Proc., $ 585.5 (/or entry of default under Code C/v. Proc., g 585(a)). This action a. I-j is ~» is not on a contract or installment sale for goods or services subject to Civ. Code, 5 1801 et seq (Unruh Act). b. M is MX is not on a conditional sales contract subject to Civ. Code, g 2981 et seq. (Rees-Levenng Motor Vehicle Sales and Finance Act). c. DQ is M is not on an obligation for goods, services, loans, or extensions of credit sublect to Code of Cw. Proc, 5 395(b). w r A am..ra aaavf A „ I M o,, f c, fnf if,un'uI ' '' ' 'r'y '"" '' 'I a. 0 not mailed 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, to each defendant's last known address as follows: (1) Mailed on (dale): August 25, 2021 (2) To (spew/y names and addresses shown on the enve/opes)i p aoA 0 aplwv 544 REDWOOD AVE MILPITAS CA 95035-3816 I declare under penalty of perjury under the laws of the State of California that the foregoi Date: August 25, 2021 it ms in 4,5, and 6 are us and correct. Keri L. Salet ¹318913 (TYPE OR PRINT NAMEI ISIGNATURE OF DECLARANT) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc,, 5 1033.5): a. Clerk's filing fees ................... $ b. Process server's fees.................. $ c. Other (specify)i........, ..,......... $ d. $ e. TOTAL. $ f. ~ 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 necessarily incurred in this case. I declare under penalty of perlury under the laws of the State of California that the forego is true and corre Date August 25, 2021 Keri L. Salet ¹318913 (TYPE OR PRINT NAME) ISIGNATURE 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 liat Ierfn IS reflllefl tly elthel'he SGIYICemSmbafs CIVII Relief Act, 50 U S C, App. Q 3911(2), DF Caafcn,la Mi o y and Veterans Code sections 400 and 402(f). 08/25/2021 NOT ACTIVE I declare under penaity of perjury under tlie laws of the Stale of California that the foreg Date: August 25, 2021 9 IS I Keri I Salet ¹318913 ITYPE OR PRINT NAMEI Civ-100 IR Jaaaafy L 2020] DD0002CG REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) ISIGNATURE OF DECLARANTI P*ea 2 ai 2 1455445.001 Department of Defense Manpower Data Center »t Stgsa Results es ol Auo-25-2521 1 n15 ae Au SCRA 5 5 Stttttttts Repoxt~ to Servicemet~ C,ivil Relief Act SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: XXX-XX-1062 Sep-XX-1983 RABIEY SARA Aug-25-2021 206Z3Z20HQXJ K4T NA On Asbve Duly On Acbve Sdy Status Outa I Awwe Duly end Oats Sahw Ns Th s response weeds lhe tndtvaluals'cbve duly status based on Ihe Acbwl My sulu Dale Swvlce ontponse NA Len Acevs Duly Wale 557 Ds!e or Aclwe Duly Sinus Data Acsw Ouy SW thm i She NA No This response tsnects wmw the ndbndusl left scbvs duty swtus wslw 557 days wscsdwp tha Ausw ouly salus oats NA NA Tlw wan ear or Nlesw dna was Noeaed or a putuw cssup to Aabun Duty wrac&mous saba osis i Ontw Nudysaew enS Dne Stew NA I This response relbwla wneeer ee indhhwalw hwfher und hss wseivwl ealywaawbon to wpwt lo aw duv Upon searching the data banks of the Department of Defense Manpower Date Center, based on the information that you provided, the above is the status of the individual on the acbve duty status date as to ag branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NDAA, Public Health, and Coast Guard). This status includes Information on a Servicemsmbsr or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDCj is an oruanizsiion of ihe Deosriment of Defense (DuDj ihai msiniains the Defense Enroiiment and aluibiiiiv Reporting System (DEERS) database which is the oflicial source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicsmembers 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 individual is currently on active duty" responses, and has experienced only a small error rate In the event the individual referenced above, or any family member, fnend, or representative asserts in any manner hat the individual was on active duty for the active duty status oats, or is otherwise entitled to the protections of the SCRA, you sre 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: https://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 verificatiom punitive provisions of the SCRA may be invoked against you. See 50 USC App. g 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 Active Duty status within 357 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" szdtred I) trsr 0 di ir'ia sr ' s di s M„FA 1n iisr'x tntrdirIi P ' gn1n 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 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 snd supported by Federal funds Afi Active Guard Reserve (AGR) members must be assigned against an authorized mobilization posihon 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 a Uniformed Service member who is an active duty commissioned officer of the U S. Pubiic Heairn Servikw or ihe ivsiionsi Oceanic snd Aimo-phenc Aiiminisiration (iqOAA Commissioned Corps j. 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 active duty for purposes of the SCRA who would not be reported as on Active Duty under this certilicate. SCRA protections are for Title 10 and Title 14 actwe duty records for afi the Uniformed Services periods. Tele 32 periiods of Acbve Duty are not covered by SCRA, as defined in accordance with 10 USC 3 101(dj(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 certification 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 actwe duty or actusfiy reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the las! dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure thai sll 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 an erroneous certificate to be provided.
