Default PendingCal. Super. - 6th Dist.April 28, 2021FAX No. (Optronal) 408-362-2299 cITYANDzIPDDDE San Jose CA 95113 BRANGH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: Capital One Bank (USA), N.A. DEFENDANT/RESPONDENT: EUGENIA PINEDA ATTORNEY OR PARTY WITHOUT ATTORNEY (frame, State Sar number, end addnrr) Hunt 8 Henriques, Attorneys at Law Donald Sherrill, Esq. ¹266038 Kevin Brendon Buiza ¹318691 7017 Realm Dr., San Jose CA 95119 TELEPHONE No 800-680-2426 E.MAIL ADDREss (oplrortaf). info uhunthenriques.corn ATTORNEY FOR (Name) Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA srREET ADDREss. 191 North First Street MAILING ADDRESG FOR COURT USE OIYL y CIV-100 REQUEST FOR (J(j Entry of Default j-J(-j Clerk's Judgment 21CV361109(Application) Court Judgment Not for use in actions under the Fair Debt Buying Practices Act (Cjv. Code, I) 1788.50 et seq.) (see CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): April 28, 2021 b. by (nsme)( Capital One Bank (USA), N.A. c. MX Enter default of defendant (names); EUGENIA PINEDA d. M I request a court judgment under the Code of Civil Procedure sections 585(b), 585 (c), 989, stc., against defendant (names). Credits acknowledoed Balance 0.00 8,030.95 292.00 8,322.95 Date: December I, 2021 Kevin Brendon Buiza ¹318691 (Testimony required. Apply to the clerk for s hearing date, unless the court will enter a judgment on an sffldavtf under Code Civ. Proc., ¹ 585(d).) e. ~X Enter clerk's judgment (1) M 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 )M Include in the judgment all tenants, subtenants, named claimants, and othnl OCCupantS Of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Cwll Procedure section 41 5.46. (2) DQ under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., ¹ 585.5 on lhe reverse (dern 5).) (3) ~ for default previously entered on (datejl 2. Judgment to be entered. Amount a. Demand of complaint.............. $ 8,030.95 b. Statement of damages* (I) Special ...................... $ $ $ (2) General..................... $ $ $ c. Interest.............,........... $ $ $ d. Costs (see reverse)............... $ 292.00 $ 0.00 e. Attorney fees ................., .. $ $ $ TOTALS........................ $ 8,322.95 $ 0.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date)l ( Personal injuryor wrongful death actions; Code Clv. Proc., ¹ 42511J 3. ~ (Check ll filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on ths reverse (complete item 4). (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (1) Q FOR COURT USE ONL y Form Adopted for Mandatory Uee Judrclal Counal of Caldomra CIV-I 00 [Rev January I, 2020] DD0002CN Default entered as requested on (date): Default NOT entered as requested (stats reason): Clerk, by REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII , Deputy I aaa t of 2 Code of Clvd Procedure, Iif 555-557, 1150 nrvrv cotrrla.ca.pov 1 453833.001 on 12/3/2021 11:58 AM Reviewed By: A. Villanueva Envelope: 7786449 21CV381109 Santa Clara - Civil A. Villanueva PLAINTIFF/PETITIONER: Capital One Bank (USA), N.A. DEFENDANT/RESPONDENT. EUGENIA PiNEDA CASE NUMBER. 21CV381109 CIV-100 I I Jo Pe ss 2 Pro Pl f I I 2 P Ps ' 1lclu s P M I 6 eea¹hhm I 0 or unlawful detainer assistant M did Ex3 did not for compensation give advice or assistance with this form. /f Declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, stale: a. Assistant's name: D. Street address, mty, and zip code: c. Telephone noz d. County of registration: e Registration no0 f. Expires on (dele)i 5. DQ Declaration under Code of Civ. Proc., 0 585.5 f/or entry of default under Code C/v. Proc., g 585(a)). This action a. I-j is ~ is not on a contractor installment s lf goods o servic s subject to Civ.Code, 01801 etseq. (Unruh Act). b. ~ is LK is not on a conditional sales contract sublect to Civ. Code, 6 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. fX is H is not on an obligation for goods, services, loans, or extensions of credit subject to Code of Civ. Proc., 0 395(b). (2) TO (SpeCI/y nameS and SddreSSSS ShOWn On lhe epye/Opey) 6. Declaration of mailing (Code of Civ. Proc., 0 587}. A copy of this Request /or Entry of Delsu/I was a. M not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names)i b. LJLj 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 (1I Mailed on!dsfe): December 1, 2021 EUGENIA PINEDA 3006 ALMOND DR SAN JOSE CA 95148-2003 I declare under penalty of periury under the laws of the State of California that the foregoing items in 4, 5, and 6 are true and correct. Date: December I, 2021 Kevin Brendon Buiza ¹318691 (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANTI 7 Memorandum of costs (reqLeri.r///mnney/Ur/gmvnrropueefer/I I,note apri riieb o epi f II (r'a I ' 6 1033.5'I: a. Clerk's filing fees ..................... $ 225.00 b. Process server's fees .................. $ 67.00 Other Lenecirvl m f. O Costs and disbursements are waived. ooo.uv 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 periury under the laws of the State of California that the foregoing is true and correct Date: December 1, 2021 Kevm Brendon Buiza 4318691 \ (SIGNATURE OF DECLARANTliTYPE OR PRINT NAMEI 8. Deciaration of nonmiiitary status (required for a iuogmenr) No Oefendant named in item 10 Ot Ihe Rpplicetinn is in the military ServiCe aS that term is defined by either the servicemembers civil Relief Act. 50 U.s.c. App. 6 3911(2). or california Military and veterans code sections 400 and 402(f). 1 2/01/2021 NOT ACTIVE I declare uirder penalty'f periuiy uiidivr this laws Uf thi S'tais of Caiiiurrtia tiiai the ioregoing is true and correci. Date. December I, 2021 Kevin Brendon Buiza f318691 /TYPE OR PRINT NAMEI C v-I 00 Inev Jeoverv I 20201 QD0002CG REQUEST FOR ENTRY OF DEFAULT (Akppfjcatjon to Enter Default) /SIGNATURE OF DECLARANT) Pese 2 ef 2 1453833.001 Department of Defense Manpower Data Center , 1 ~ tft& Recuse as of: Dec-Cl-2C21 11 2S:bo Au SCRA 5 11 - =- Stattts Reptfrt '=." =~ to Settvieem~ Civil Relief Act Sl W SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: XXX-XX-1689 Sep-XX-1978 PINEDA EUGENIA Dec-01-2021 CY3DQK1CZB2PL2Z Da Amus Dtdy Oe Acpve any Saa» Ocu Acne fhdy Sed Osu anus NA no This tsspoccs tsetdtnhe lttd vfdtast'ctus duty ctaste baaed oo the Acwsotdy solus oats Service Coepoaeat NA NA ladt Acbw Dulp venin 2!D Days ofAofve Duly sahe cela Acus Oey Scd Dse 'A No Tha response reeects utsosfhe adivldual lett actus duly status utdm sy days precetets the Acfheo ly s t s Date Saves Caepooeut NA The ttlusher or teuffsr call wasessed ofoyuhaaoalulp tc Adlw oofy ott /teste Ihdy sobs outa Dater Notaooen Sobs NA i ..No Th a tao posse atmde uhsth sr the tadhslsar of ualher wat haa raoikoddefy /iotisoabac to report for sewe duy Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to aii branches of the Uniformed services (Army, Navy, Marine corps, Air Force, NCAA, public Health, and Coast Guard). This status inc/Does information on a Servicemember or his/her unit receiving nottTfcation of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigiing Rd. Seaside, CA 03955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporbng 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 5 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, friend, or representative asserts in any manner that the individual was on active duqr for the ective duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further venfication of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAO page (035) via this URL: htlps://sera.dmdc.osd.mfi/sera/¹/faqs. If you have evidence the person wss on actwe duty for the active duty status date and you fail to obtain this additional Service venfication, punibve provisions of the SCRA may be invoked against you. See 50 USC App. 5 3021(c) This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual lefl Active 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 certificaie is defined in accordance wnh 10 USC 5! 01(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 active service authonzed by the President or the Secretary of Defense under 32 USC 5 502(f) for purposes of responding to a national emergency dedarad by the President and supported by Federal funds. Afi Active Guard Reserve (AGR) members must be assigned against an authodized mobilization posibon in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Actwe Duty status also applies to a 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 the SCRA who would not be reported as on Aciive Duty under this ceriiTicate. SCRA proieciions are for Tiile 10 and Tirie 14 active duty records for all 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 sre amended to extend the penod 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 indusive 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 induded, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protecbons of the SCRA extend beyond the last dates of adive duty Th ho lu I ihi difi i xm v Iw x I i i ... o'r ''"" '"" ' rv ' I "" '!r '''' '' 'iriv'' u WARNING This certificate was provided based on a lest name, SSN/date of birth, and active duty status date provided by the requester Providing f ri . ill «us i s iu uvr