Default PendingCal. Super. - 6th Dist.April 28, 2021FAX NO. (Optfonas 408-362-2299 cITYANDzIPOCDE'an Jose CA 95113 SRANOFI NAME Downtown Superior Court PLAINTIFF/PETITIONER: CaPital One Bank (USA), N.A. DEFENDANT/RESPONDENT: MICHAEL M TRAN ATTORNEY OR PARTY WITHOUT ATTORNEY (Norns, State Ser number, end address) Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Kevin Brendon Buiza ¹318691 7017 Realr i i Dr., San Jose CA 95119 TELEPHONE NOJ 800-680-2426 E-MAS. AOORESS (Cpeone¹. infO@hunthenriqueS.COm ATTORNEY FOR (Samer Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETAoDREss: 191 North First Street MAIUNG ADDRESS. FOR COURT f/SE ONLY CIV-100 REQUEST FOR (TL) Entry of Default j-)L) Clerk's Judgment 21CV381108(Application) CourtJudgment Not for use in actions under the Fair Debt Buying Practices Act (Ciu. Code, () 1788.50 et seq.) (see CIV-105) 1. TO THE CI.ERK: On the complaint or cross-complaint filed a. on (date)I April 28, 2021 b. by (name)I Capital One Bank (USA), N.A. c. ~X Enter default of defendant (names): MICHAEL M TRAN d. ~ I request a court judgment under the Code of Civil procedure sections 585(b), 585 (c), 989, etc., against defendant (names)( Credits acknowledoed Balance 0.00 11,255.10 437.00 11,692.10 (Testimony required. Apply to the clerk for a hearing date, unless the court will enters judgment on an affidavit under Code Civ. Proc., 9 585(d).) e. ~ 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., $ 1169.)~ Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right ic Possession was served in compliance with Code cf Civil Procedure section 415.46. (2) ~X under Code of Civil Procedure section 585(a). (Comp(ete the declaration under Code Civ. Proc., g 585.5 on the reverse (item 5).) (3) M for default previously entered on (date)I 2. Judgment to be entered. Amount a. Demand of complaint.............. $ 11,255.10 b. Statement of damages* (1) Special ...................... $ $ $ (2) General..........,.......... $ $ $ c. Interest......................... $ $ $ d. Costs (see reveme) ............... $ 437.00 0.00 e. Attorney fees .................... $ $ $ TOTALS..................... $ 11,692.10 0.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date)l (* Personal injury or wrongful death actions; Code Civ. Proc., 5 425. 1 f.) 3. ~ (Checkif filedin an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reveme (complete item 4). Date: October 28, 2021 Kevin Brendon Buiza ¹318691 (TYPE OR PRINT NAME) (1) ~ Default entered as requested on (date)I (2) ~ Default NOT entered as requested (state reason)l (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT USE ONL Y Form Adopted tcr Mandatorr Uee Judicial Coundl of California CIV.100 IRsv Januarv I, 2020] DD0002CN Clerk, by REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) llllllllllllllIIIIIIIIIIIIlllllllmlll , Deputy Pass 1 ol 2 Code of Civil Procedure,tt 555-557, 1150 www.courts.ca dov 1 453769 001 on 11/1/2021 11:51 AM Reviewed By: A. Villanueva Envelope: 7575678 21CV381108 Santa Clara - Civil A. Villanueva PLAINTIFF/PETITIONER: Capital One Bank (USA), N.A. DEFENUANT/RESPONDENT: MICHAEL M IRAN CASE NUMBER: 21CV381108 CIV-100 4. Legsi document assistant or unlawful detainer assistant (Bus. ¹ Prof. Cade, 5 8400 et mut.). A legal document assieiaini or unlawful detainer assistant H did [X did not for compensation give advice or assistance with this form. I/ Declarant has received any help or advice lor psy from s legal documenl assistant or unlawful detainer assistant, state: a. Assistant's name: b Street address. city. and zip code: c. Telephone no.. d. County of registration: e Registration noJ f. Expires on (dale)I on a contract or installment sale for goods or services subject to Civ. Code, 6 1801 et seq. (Unruh Act). on a conditional sales contract subject to Civ. Code, 6 2981 et seq. (Ress-Levering Motor Vehicle Sales and Finance Act) on an obligation for goods, services, loans, or extensions of credit subject to Code of Civ. Proc., 6 395(b).c. DLI Is M)snol 5 ~X Declaration under Code of Clv. Proc., 5 585.5 (/or entry of default under Code C/v. Proc., g 585(a)). This action a. H is CE is not b. Cl is IX is not (2) To (speci/y names and addresses shown on the envelopes) 6. Declaration of mailing (Code of Civ. Proc., 6 587). A copy of this Request for Entry of Default was a. ~ not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (namesji b. ~X mailed hrst 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: (I) Mailed on (date): October 28, 2021 MICHAEL M TRAN 3765 CHILTON CT SAN JOSE CA 951! 1-1586 I declare under penalty of perjury under the laws of the State of California that the foregoing items in 4, 5, and 6 are true and correct. Date: October 28, 2021 Kevin Brendon Bviza ¹31869! (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Nlemorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. proc., 0 1033.5): a. Clerk's filing fees .................. $ 370.00 b. Process server's fees................... $ 67.00 c. Other (spec//y)/........................ $ d. $ e. TOTAL $ 437.00 f. ~ Costs and disbursements are waived. g. I am the attorney, agent, or pany 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 penaliy of perjury under the laws of the State of California that the foregoing is true and correct. Date: October 28, 2021 Kevin Brendon Buiza ¹318691 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required for ajudgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Senncemembers Civil Relief Act, 50 U.S.C, App. () 3911(2), or California Military and Veterans Code sections 400 and 402(f). 1 0/28/2021 NOT ACTIVE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: October 28, 2021 Kevin Brendon Buiza ¹318691 (TYPE OR PRINT NAME) Civ 100 IRev Jeeeeir I, 2020) DD0002CG (SIGNATURE OF DECLARANT) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Pese 2 ei 2 1453769.001 Department of Defense Manpower Data Center Illy r. ~ b ResuNs as ol: Ocl.23-2921 I I 43:45 AM SCRA 5.9 - States itelffmt - ~t to Servicetnetahers Civil ReliefAct sl I ~ 'SN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: XXX-XX-0828 Dec-XX-1991 TRAN MICHAEL M Oct-28-2021 1BWT2VN2X9B1F31 Qn Acymr Duty On AC5ss Day Slams Dsm AcavsQua mm Dsm Mews MA I Mo This response wlmmsIhe indtvMuals'cbvs duly stems based on the Achveoos smtus oats Senses Camponenl MA cab Ambw Duly WNhln 357 Days or Acbve Duty Status Dele Aobm Qua et«DNW I Smwe The response rebeets nhws Nle tndhwuel left acevs duty smlmrnNmn 337 days prscedlns me A«tw only status Data NA Tlw Memlwr or Idsdtm unb was Mobbed cd a puree salmlp to AwwDuly onAww Duly shdus Date Orner~ ysm mda I Shaw I «a The msponse rasa«a whether the imbvbluator llather uml has wcmved early noaicsbon to repen for edna duly Upon searching the data banks of the Department of Defense Manpower Data Cmtler, based on the information that you provided, the 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 Force, NCAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notacation of future orders to report for Active Duiy. Michael N/. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93965 The Defense Manpower Data Center (DMDC) is an organization of the l)apartment of Defense (DoD) that maintains the Defense Enrollment and Eligibility 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 Servicemembers Civil Relief Act (50 USC App. 5 3901 at 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 informa5on indicating that the individ'-'I is c nfil cn cfivs duri;s wpon~, snd has experien~ o..ty a mzg/ ermr rate In the event the individual referenced above, or any family member, friend, or representative asserts in sny manner that the individual was on active duty for the active duty status date, or is otherwise en5tled to the protections of the SCRA, you ars strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact informabon can be found on the SCRA website's FAQ page (Q35) vla this URL: hfips://sera.dmdc.osd,mll/sore/5/fags. If you have evidence the person was on active duty for the active duty status date snd you feil to obtain this additional Service verificsfion, punitive provisions of the SCRA msy be invoked against you. See 50 USC App. I) 3921(c). This response refiacts the following informafion: (1) The individual's Active Duty status on ths Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to reporl for aokive duty on the Active Duty Status Date. More information on "Active Duty Status" Acbvs duty status as reported in this certecate is defined in accordance with 10 USC 5 101(d) (1). prior to 2010 only some of the acfive duiy periods less than 30 consecutive days in length were available. In the case of s member of ths National Guard, this Inrfiudes service under a call to adive service authorized by the President or the secretary of Defense under 32 Usc 5 502(f) for purposes of responding to a national emergency derfiared by the President and supported by Federal funds. Ag Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the u.".'",. they w:pport. This includes Navy Tmining snd Adrnznistrsfion of rhs Reserve (TARs), Marine Corps Active Reserve {ARs) snd Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an acfive duty commissioned officsr of the U.S. Public Health service or the National oceanic and Atmospheric Administration (NDAA commissioned corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and Indudes some categories of persons on acfive duty for purposes of the SCRA who would not be reported as on Acbive Duty under this csrbficate. SCRA protecfions are for Title 10 and Title 14 acfive duty records for afi the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC 5 101(d)(1 ). Many times orders are amended to extend the period of acbve duty, which would extend SCRA protscfions. Persons seeking to rely on this website cerbfication should check to make sure the orders on which SCRA protections are based have not been amended to extend the inducive dates of service. Furthermore, some protections of the SCRA may extend to pomona who have received orders to reporl for active duty or to be inducted, but who have not amuafiy begun active duty or actually reported for induction The Last Date o" Active Duty entry is impcrtsnl because a nun:bsr of protections of the SCRA extend beyond the last dates of ective duty. Those who could rely on this certificate ere urged to seek qualaed legal counsel to ensure thai afi nghts guaranteed to Service membem under the SCRA ara protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and edive duty status date provided by the requester. Providing erroneous information wfil cause an erroneous certificate to be provided.
