Default Pending

Cal. Super. - 6th Dist.April 30, 2021

1346488 CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Gloria Zarco (SBN# 199702) Rachel W. Haney (SBN#308259) Kimberlee Tsai (SBN# 227426) Christopher Danna (SBN# 337998) Jason Burrows (SBN# 309882) Amit Taneja (SBN# 304559) Gurstel Law Firm, P. C. 9320 East Raintree Drive, Scottsdale, AZ 85260 TELEPHONE NO. (916) 486-4141 FAX NO. (OPTIONAL) (866) 522-8869 E-MAIL ADDRESS: SUPERIOR COURT OF CALIFORNIA, COUNTf OF SANTA CLARA STREET ADDRESS: 191 N First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: San Jose PLAINTIFF/PETITIONER: Discover Bank DEFENDANT/RESPONDENT: Luis R Ramirez Jr REQUEST FOR . Entry of Default . Clerk's Judgment (Application) D Court Judgment CASE NUMBER: 21CV381182 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq. ) fsee CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): April 30, 2021 b. by (name): Discover Bank c. . Enter default of defendant (names): Luis R Ramirez Jr d. D I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): Credits acknowledged Balance (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., § 585(d).) e. . Enter clerk's judgment (1) a for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.) D Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) . under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585. 5 on the reverse (item 5).) (3) D for default previously entered on (date): 2. Judgment to be entered. Amount a. Demand of complaint b. Statement of damages * (1) Special (2) General c. Interest d. Costs (see reverse) e. Attorney fees f. TOTALS g. Daily damages were demanded in complaint at the rate of $ f* Personal injury or wrongful death actions; Code Civ. Proc., § 425. 11.) 3. D (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: Sepjsmhai^J 2021 tloria ZarQ3^ Kimberlee Tsai / Rachel Haney / Christopher DannlTrfasCTfBurrows/AmitTaneja > $4,568.23 $0.00 $0. 00 $0. 00 $339.83 $0.00 $4,908.06 i $0.00 $0. 00 $0.00 $0.00 $0.00 $0. 00 $0, 00 per day beginning (date): $4,568.23 $0.00 $0.00 $0. 00 $339.83 $0.00 $4,908.06 FOR USE COURT ONLY CTYPE OR PRINT NAME) (1) a Default entered as requested on (date): (2) D Default NOT entered as requested (state reason): Clerk, by. T ' OF PDMNTIFF OR ATTOR^E)Y FOR PLAINTIFF) _, Deputy Page 1 of 2 harm Adopted tor Mandatory Use Judicial Council of California CIV-100 (Rev. January 1, 2020) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) code of Civil Procedure, §§585-587, 1169 www. courtinfo. ca. gov on 9/27/2021 10:49 PM Reviewed By: A. Villanueva Envelope: 7350302 21CV381182 Santa Clara - Civil A. Villanueva 1346488 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CIV-100 Discover Bank Luis R Ramirez Jr CASE NUMBER: 21CV381182 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq. ). A legal document assistant or unlawful detainer assistant D did . did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state: a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5. . Declaration under Code of Civil Procedure Section 585. 5 (required for entry of default under Code Civ. Proc., § 585(a)). This action a. D is . is not on a contractor installment for sale of goods or services subject to Civ. Code, § 1801 etseq. (Unruh Act). b. D is . is not on a conditional sales contract subject to Civ. Code, §2981 etseq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. . is D is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. D not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names): b. . 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 (date): September^ , 2021 (2) To (specify names and address shown on the envelopes): Luis R Ramirez Jr 669 N 10th St San Jose CA 95112-3218 I declare under penalty of perjury under the laws of the state of California that the foregoing items 4, 5, a^d 6 are true and correct. Date: Septembey\ , 2021 Sloria Zarco^Kimberlee Tsai / Rachel Haney / Christopher Danna / JaSCTTBurrows / Am it Taneja (TYPE OR PRINT NAME) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., §1033. 5): a. Clerk's filing fees ........................... $225.00 b. Process server's fees ......................... $75. 00 c. Other (specify):.............................. $39. 83 d. ........................................... $0.00 e. TOTAL ................................... $339.83 f. D 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 perjury under the laws of the state of California that the foregoing is true and correct. > )tember0il, 2021 "Gloria Zarco^ Kimberlee Tsai / Rachel Haney / Christopher Danna / Rlbuii BUIIU^S / Amit Taneja (Tl'PE OR PRINT NAME) 8. ,v Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of th3 application is in the military service as that term is defined by either of the Servicemembers Civil Relief Act, 50 U. S. C. App. § 3911(2) or California Military and Veterans Code sections 400 and 402(f). I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Member^ 2021 Jason Burrows / Amit Taneja jmberlee Tsai / Rachel Haney / Christopher Danna / (TYPE OR PRINT NAME) Civ-100 (Rev. January 1, 2020) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Page 2 of 2