Default Not Entered

Cal. Super. - 6th Dist.April 1, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY NAME: Mark J . Hilliard 249781 FI RM NAME: Brothers Smith LLP STREET ADDRESS: 2 0 3 3 N. Main St., Ste. 720 cITY: Walnut Creek STATE: CA ZIP CODE: 9 4 5 9 6 TELEPHONE NO.: ( 9 2 5 ) 944-9700 FAX NO.: ( 925) 944-9701 E-MAIL ADDREss: mhilliard@brotherssmi thlaw. com ATTORNEY FOR (name): p 1 a inti ff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDR ESS: CITY AND ZIP CO DE: San Jose, CA 95113 BRANCH NAME: Down town Superior Court Plaintiff/Petitioner: KAN -DI-KI, LLC d/b / a TRIDENT CARE; Defendant/Respondent: DYCORA TRANSITIONAL HEALTH - SAN JOSE, LLC REQUEST FOR LI Entry of Default LI Clerk's Judgment CASE NUMBER: (Application) W Court Judgment 21CV381549 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code,§ 1788.50 et seq.) (see C/V-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): 0 4 - 0 1 - 2 0 21 b. by(name): See attachment l.b. as name would not fit here. c. D Enter default of defendant (names): d. IX) I request a court judgment under Code of Civil Procedure sections 585(b), 585(c) , 989, etc., against defendant (names): DYCORA TRANSITIONAL HEALTH - SAN JOSE, LLC (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. D Enter clerk's judgment (1) D for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedu re 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) D 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. a. Demand of complaint... ..... .. ............. $ b. Statement of damages* (1) Special .... ....... .... .. ... ... ....... ... .. $ (2) General .... .. ... .... .... .... .. .... ... ..... $ c. Interest ... ..... ... .... ... ... .. .. ... ...... ... ... ... . d. Costs (see reverse) ..... ..... ....... ... .. . e. Attorney fees ..... ...... .. ........ ...... ... .. . f . TOTALS ... .. .................. .. ...... ...... .... . $ $ $ $ Amount 60,298.86 483.83 435.00 8,630.98 69,839.67 g. Daily damages were demanded in complaint at the rate of: $ (* Personal injury or wrongful death actions; Code Civ. Proc.,§ 425.11.) $ $ $ $ $ $ $ Credits acknowledged 0 $ $ $ $ $ $ $ per day beginning (date): Balance CIV-100 0 0 0 0 0 0 0 3. D (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assis nt information is on the reverse (complete item 4). Date: A I.lb U. S T .21,, ~o a. I Mark ,I HjJJjard (TYPE OR PRINT NAME) FOR COURT USE ONLY (1 ) D Default entered as requested on (date): (2) D Default NOT entered as requested (state reason): Form Adopted for Mandatory Use Judicial Council of California CIV-100 [Rev. January 1, 2020] CEB" \ l:_ssentia~ ceb.com m Forms Clerk, by REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) , Deputy Page 1 of 2 Code of Civil Procedure. §§ 585-587, 1169 www.courts.ca.gov 50 487.00lD on 8/26/2021 3:29 PM Reviewed By: A. Villanueva Envelope: 7147800 21CV381549 Santa Clara - Civil A. Villanueva FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV381549 By: suy 08/26/2021 X SUy match the Complaint. are incomplete. Def's name in item #6b(2) does not Basic Default has not been entered. Item #5 and #6b(1) ClV-1 00 Plaintiff/Petitioner: KAN-DI-KI, LLC d/b/a TRIDENT CARE CASENUMBER: Defendant/Respondent: DYCORA TRANSITIONAL HEALTH - SAN JOSE, LLC 21CV381549 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.2 f. Expires on (date): 5.D Declaration under Code Civ. Proc., § 585.5 (for ent/y of default under Code Civ. Proc., § 585(a)). This action a.D is D is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b.D is D is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. D 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 plaintiff's attorney (names): b.m 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): (2) To (specify names and addresses shown on the envelopes): Julianne Williams, Agent for Service of Process 7475 North Palm Ave, Suite 106 Fresno, CA 93711 I declare under penalty of perjury under the laws of the State of California that the fore oing items 4, 5, and 6 are true and correct. Date: 3/7.0/24 Bronklynn Nabm-a > (TYPE oa PRINT NAME) (SIGNATURE OF DECLAHANT) L 7. Memorandum of costs (required if moneyjudgment requested). Costs anwsements are as follows (Code Civ. Proc., § 1033.5): a. Clerk‘s filing fees ............. 435'00 b. Process server's fees ....................................... c. Other (specify): d. e. TOTAL ............................................................ $__4w f. D Costs and disbursements are waived. g. l 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. l declare under penalty of perjury under the laws of the State of California that the fo oing is true and corr t. Datezfiuéu‘T 2‘, 2492.! é /‘ ‘ é;Mark J. Hilliard ’ / ‘ (TYPE OR PRINT NAME) (SIGNATURE 0F DECLARANT) 8. 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 Califomigoing is true and corr ct. Date; Autusr 24,201., ~ . /.¢W é v mfizz. J'. ll/Llunlno (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) ClV-100.[Rev. Januaty 1. 2020] REQUEST FOR ENTRY OF DEFAULT Page 2 0'2 Egg Fasgggflg! (Application to Enter Default) 5 04 8 7 . 0 0 l D MC-025 SHORT TITLE: CASE NUMBER: ~ KAN - DI - KI, LLC d / b / a TRI DENTCARE V. DYCORA, ET AL. 21CV381549 ATTACHMENT (Number) : 1 b (This Attachment may be used with any Judicial Council form.) KAN -DI-KI, LLC d/b/a TRIDENTCARE; COMMUNITY MOBILE DIAGNOSTICS LLC d/b/ a TRIDENTCARE; COMMUNITY MOBILE ULTRASOUND LLC d/b/a TRIDENTCARE (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under penalty of perjury.) Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1, 2009] C[B" I ~ssentia~ ceb.com @ Forms ATTACHMENT to Judicial Council Form 50487.001 Page __L of_\ _ (Add pages as required) www.courtinfo.ca.gov 1 2 ,., _j 4 5 6 7 8 9 10 11 0... -i 12 -i ;: .,: :r;-< u =~i ""::-' .-r:: l.!.J 13 ~~u (/)"' f-< 0,: z ::, I.We:::: z :r: 2 ~ 14 5-< 3: 0,: co 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Brooklynn Nabeta, declare: I am a citizen of the United States and employed in Contra Costa County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 2033 N. Main Street, Suite 720, Walnut Creek, California 94596. On August 26, 2021, I served a copy of the within document(s): 1. REQUEST FOR COURT JUDGMENT; 2. DECLARATION OF COUNSEL FOR PLAINTIFFS, MARK J. HILLIARD, IN SUPPORT OF REQUEST FOR COURT JUDGMENT; 3. DECLARATION OF PLAINTIFFS IN SUPPORT OF REQUEST FOR COURT JUDGEMENT; 4. JUD-100 (by mail) on all parties in said action, in accordance with Code of Civil Procedure § 1013a(3 ), by placing a true copy thereof enclosed in a sealed envelope in a designated area for outgoing mail, addressed as set forth below. At Brothers Smith LLP, mail placed in that designated area is given the correct amount of postage and is deposited that same day, in the ordinary course of business, in a United States mailbox in the City of Walnut Creek, California. Service List Julianne Williams, Agent for Service of Process 7475 North Palm Ave., Suite 106 Fresno, CA 93711 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 26, 2021, at Walnut Creek, California. Isl Brooklynn Nabeta Brooklynn Nabeta PROOF OF SERVICE