Judgment Default

Cal. Super. - 6th Dist.April 28, 2021

ATTORNEY OR PARtv WITHOUT ATTORNEY (Name, stale bar number, andaddrss)'unt & Henriques, Attorneys at Law Donald Sherrill, ¹266038 Kevin Brendon Buiza ¹318691 7017 Realm Dr., San Jose, CA 95119 TELEPHONE No: (800) 680-2426 Fax No. fopeonsli, (408) 362-2299 E-MAIL ADDREss(opsonalr Info fb hunthenriques.corn ATTORNEY FOR inamei. Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA a~SEE~ Aooesss: 191 North First Street MAILING ADDRESS cwr Moo zip cooE. San Jose CA 95113 sRANcH NAME: Downtown Superior Court PLAINTIFF: Capital One Bank (USA), N.A. JUD-100 FOR CoilRT USE DNL y DEFENDANT: MICHAEL M TRAN By Clerk By Court JUDGMENT ~X By Default ~ After Court Trial On Stipulation ~ Defendant Did Not Appear at Trial JUDGMENT CASE NUMBER 21CV381 108 3. ~ AFTER COURT TRIAL. The jury was waived. The court considered the evidence. a. The case was tried on (dare and time): before (name oijudicial officer): b. Appearances by: M Plaintiff (name each): C3 Plaintiff's attorney (name each): (1) (2) (1) (2) M Continued on Attachment 3b. 1. [jQ 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. ~X Clerk's Judgment (Code Civ. Proc., 9 585(a)). Defendant was sued only on a contract or judgment of a court of this state for the recovery of money. e. ~ Court Judgment (Code Civ. Proc., g 585(b)). The court considered (1) ~ plaintiff's testimony and other evidence. (2) ~ plaintiff's written declaration (Code Civ. Proc., 9 585(d)). 2. ~ ON STIPULATION a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated judgment and b. ~ the signed written stipulation was filed in the case. c. ~ the stipulation was stated in open court H the stipulation was stated on the record. ~ Defendant (name each): (1) (2)~ Continued on Attachment 3b. Defendant 's attorney (name each): (1) (2) c. M Defendant did not appear at tnal. Defendant was properly served with notice of trial. d. C3 A statement of decision (Code Civ. Proc., 9 632) H was not I-I was requested Page f of 2 Form Approved for Optional Uae Judiaal Counal of Caldomis JUD-100 [Rev January I, 20021 DD0002CG JUDGIIIIENT Code of Onl procedure, gg 555, Saa.e 1453769.001 on 11/1/2021 11:51 AM Reviewed By: A. Villanueva Envelope: 7575678 21CV381108 Santa Clara - Civil A. Villanueva PLAINTIFF: Capital One Bank (USA), N.A. DEFENDANT: MICHAEL M TRAN CASE NUMBER 2ICV381 108 JUDGNIENT IS ENTERED AS FOLLOWS BY: ~ THE COURT QQ THE CLERK 4. ~ Stipulated Judgment. Judgment is entered according to the stipulation of the parties. 5. Parties. Judgment is a. ~X for plaintiff (nams each): Capital One Bank (USA), N.A. and against defendant (names)J MICHAEL M TRAN~ Continued on Attachment 5a. b. ~ for defendant (nams each): c. M for cross-complainant (nams each): and against cross-defendant (nams each): M Continued on Attachment 5c. d. C3 tor cross-defendant (nams each): 6. Amount. a. [3Q Defendant named in item 5a above must pay plaintiff on the complaint c. ~ Cross-defendant named in item 5c above must pay cross-complainant on the cross-complaint: (1) ~X Damages (2) M Prejudgment Interest at the Annual rate of Attorneys fees HX Costs Other (specify); $ 11,255.10 $ (3) (4) ~ (5) [ (6) $ 437.00 $ 11,692.10 ~ TOTAL 7. E7 Other (specify)i b. ~ Plaintiff to receive nothing from defendant named in item 5b.~ Defendant named in item 5b to recover costs $~ and attorney fees $ (1) ~ Damages $ (2) M Prejudgment $ Interest at the Annual rate of (3) ~ Attorneys fees $ (4) ~ Costs $ ~ (5) ~ Ot e (specify)i (6) TEAL ~ $ d. M Cross-complainant to receive nothing from cross-defendant named in item 5d.~ Cross-defendant named in item 5d to recover costs $~ and attorney fees $ Date: JUDICIAL OFFICER Date: Clerk, by , Deputy ISEAL) CLERK'S CERTIFICATE (Optional) I certify that this is a true copy of the original judgment on file in the court. Date: Clerk, by , Deputy JUD.J00 [Rev Jeeeely I, 20021 DD0002CG JUDGMENT Pllse 2 ef 2 1 453769.001