Default EnteredCal. Super. - 6th Dist.March 29, 202121 CV381441 Santa Clara - Civil 0n 1/1 3/2022 9:53 AM Reviewed_ Ba: S. UsyEnvelope. 8 5080 CIV_1005_Uy ATTORNEY 0R PARTY WITHOUT ATTORN EY: STATE BAR NO: NAME: Dawn C. Sweatt, CASB 238005/ Leila Sockolov, CASB 282946 FIRM NAME; Berliner Cohen, LLP STREETADDRESS: Ten Almaden Boulevard, Eleventh Floor CITY: San Jose STATE: California ZIP conE:951 1 3 TELEPHONE N0; 408-286-5800 FAX N0.: 408-998-5388 E-MAIL ADDRESS;dawn.sweatt@berliner.com; lei|a.socko|ov@berliner.com ATTORNEY FOR (name): HARPEL ASSOCIATES, LLC FOR COURT USE ONLY SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 1 91 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 1 3 BRANCH NAME: Downtown Superior Court (DTS) PlaintifflPetitioner:HARPEL ASSOCIATES, LLC Defendant/Respondent:PHYS|CAL CULTURE STRENGTH AND CONDITIONING, et al. (Application) E Court JudgmentREQUEST FOR m Entry of Default E Clerk's Judgment CASE NUMBER: 21 CV381 441 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date):AUgUSt 19. 2021 b. by (name):HARPEL ASSOCIATES, LLC c. m Enter defaultof defendant (name__:s) SHEILA LEIGH MILLER, an individual d. E I request a court judgment under Code of Civil Procedure sections 585(b), 585(0), 989, eta, against defendant (names): (Testimony required. Appfy to the clerk for a hearing date, unfess the court Wm enter a judgment on an afifdavit under Code Civ. Prom, § 585(d).) e. E Enter clerk’s judgment (1) E for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(0) does not apply. (Code Civ. Proc., § 1169.)E 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 41 5.46. (2) E under Code of Civil Procedure section 585(a). (Complete the decimation under Code Ct'v. Proc., § 585.5 0n the reverse (item 5).) (3) E for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged m a. Demand ofcomplaint ............. $ $ $ b. Statementof 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: $ (* Persona! frymy or wrongful death actions; Code Cfv. Procu § 425 1 1 .) per day beginning (date): 3. E (Check If filed in an unlawful detains!“ case.) Legal document assistant or unlawful detainerfissistant information is on the reverse (complete n‘em 4). Date: January 13, 2022 Leila Sockolov ’ MW (TYPE OR PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) E Default entered as requested on (date): USE ONLY (2) E Default NOT entered as requested (state reason): Clerk, by , Deputy Fag. 1 of; isgmgdgzzziaahazwsm51::m REQUESTFORENTRY OFDEFAULT mmmgsi [Rem January 1, 2020] (Application to Enter Default) FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV381441 By: DHarris 01/13/2022 01/13/22X DHarris DHarris CIV-1 00 PlaintifflPetitioner: HARPEL ASSOCIATES, LLC g?tgvggiEE-m Defendanthespondent:PHYS|CAL CULTURE STRENGTH AND CONDITIONING, et al. 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant E did m 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: b. Street address, city, and zip code: Telephone no.: County of registration: Registration no.: fl w 9 p Expires on (date): 5. m Declaration under Code Civ. Proc., § 585.5 {for entry ofdefauh‘ under Code Civ. Proa, § 585(a)). This action a. E is E is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. E is m is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. E is m 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 ofDefault was a. E not mailed to the following defendants, whose addresses are unknown to plaintiff 0r plaintiff‘s attorney (names): b. E 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) gAEaéleAciTglg1A€fitEB (2) To (specify names and addresses shown on the envelopes): Date: January 13, 2022 Jesse Lacuesta > W (TYPE 0R PRINT NAME) / (SIGNATURE OF DECLARANT)v | declare under penalty of perjury under the laws of the State of California that the fofrn‘gflsms 4, 5, and re true and correct. / 7. Memorandum of costs (required if moneyjudgmenr requested). Costs and disbursements are as follows (Code Civ. Proc., §10335y a. Clerk's filing fees .................... $ b. Process server's fees ................. $ c. Other (speciffl: $ d. $ e. TOTAL ............................. $ f. E Costs and disbursements are waived. g. | 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. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: > (TVPE 0R PRINT NAME) (SIGNATURE 0F DECLARANT) B. Declaration of nonmilitary status (required fora judgment). No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act. 50 U.S.C. App. § 391 1 (2), or California Military and Veterans Code sections 400 and 402(f). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: b (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) C'V'molReV-January ””201 REQUEST FOR ENTRY 0F DEFAULT “992°” (Application to Enter Default) QOUI-PUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Harpel Associates, LLC V. Physical Culture Strength And Conditioning, et a1. Case N0. 21CV38 1441 PROOF OF SERVICE I, Jesse Lacuesta, declare under penalty ofperjury under the laws of the State 0f California that the following facts are true and correct: I am a citizen of the United States, over the age 0f eighteen years, and not a party t0 the Within action. I am an employee ofBerliner Cohen, LLP, and my business address is Ten Almaden Boulevard, Eleventh Floor, San Jose, California 95113-2233. On January 13, 2022, I served the following document(s): REQUEST FOR ENTRY OF DEFAULT AGAINST SHEILA LEIGH MILLER, AN INDIVIDUAL in the following manner: E by transmitting Via facsimile the document(s) listed above to the fax number(s) set forth below, or as stated 0n the attached service list, from the sending facsimile machine telephone number of (408) 998-5388. The transmission was reported as complete and without error by the machine. Pursuant t0 California Rules 0f Court, Rule 2008(e)(4), I caused the machine t0 print a transmission record 0f the transmission, a copy 0f Which is attached to the original of this declaration. The transmission report was properly issued by the transmitting facsimile machine. by placing the document(s) listed above in a sealed envelope With postage thereon fully prepaid, in the United States mail at San Jose, California addressed as set forth below. by overnight mail by placing the document(s) listed above in a sealed overnight mail envelope With postage thereon fully prepaid, addressed as set forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. EDD! by e-mail or electronic transmission. Pursuant to Code of Civil Procedure §1010.6, I caused the document(s) t0 be sent t0 the person(s) at the e-mail address(es) listed below. ATTORNEYS FOR MARNEL ELLEN Sheila Leigh Miller KING AND PATRICIA KATHLEEN LYNCH 4 Las Katrinas Rd Susan J. Harriman Santa Fe, NM 87506 Robyn Pariser KEKER, VAN NEST & PETERS LLP 633 Battery Street San Francisco, CA 941 1 1-1809 Telephone: 4 1 5-391-5400 Facsimile: 415-397-7 1 88 sharrimanGDkekemom mariser@keker.com Mitchel Lance Miller, In Propria Persona Physical Culture Strength And Conditioning 4 Las Katrinas Rd c/o Mitchel Lance Miller, Agent Santa Fe, NM 87506 4 Las Katrinas Rd Santa Fe, NM 87506 4836-8274-6610v1 JBORGER\29143001 .5 QQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I am readily familiar with my firm’s practice for collection and processing 0f correspondence for mailing With the United States Postal Service/Express Mail, Federal Express and other overnight mail services, to Wit, that correspondence will be deposited With the United States Postal Service/overnight mail service this same day in the ordinary course of business. Executed 0n January 13, 2022, at San Jose, California. OMLJA V JESSE LACUESTA