Default Not Entered

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

on 7/13/2021 5:02 PM Reviewed By: D Harris Envelope: 6839431 ClV-1 00 ATrORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURTUSE ONLY NAME: Mark J . Hilliard 24 978 l FIRMNAME: Brothers Smith LLP FILED STREETADDREss: 2 O33 N . Main St . , Ste . 720 07/1 3/2021 CITY: Walnut Creek STATE: CA ZIP cooE: 94596 TELEPHONENO; (925) 944-9700 mo; (925) 944-9701 Clerk 9fThe Court E.MAILADoaess; mhilliard@brotherssmithlaw . com SUperlor court 0f CA moRNEYFoR (name); Plaintiff, KAN-DI-KI , LLc d/b/a TRIDENT CARE County of Santa Clara SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara 21 cv331 549 STREETADDRESST l 91 N . Flrst St . By: suyMAILING ADDRESS. CITYANDZIP CODE: San Jose , CA 95113 BRANCH NAME: Downtown Superior Court PIaintiff/Petitioner: KAN-DI-KI , LLC d/b/a TRIDENT CARE Defendant/Respondent: DYCORA TRANSITIONAL HEALTH - SAN JOSE LLC REQUEST FOR m Entry of Default D Clerk's Judgment cAse NUMBER; (Application) D Court Judgment 2 lCV3 8 l 5 4 9 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): 04-01-2021 b. by (name): See attachment , Judicial Council Form MC-025 c.m Enter default of defendant (names): DYCORA TRANSITIONAL HEALTH - SAN JOSE LLC d.D | request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989. etc.. against defendant (names): (Testimony required. Apply to the clerk fora hearing date, unless the court will enter ajudgment 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 Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.)D Include in thejudgment 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) a 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 Credits acknowledged Balance a. Demand of complaint ....................... $ $ $ 0 b. Statement of damages“ (1) Special ................................... $ $ $ 0 (2) General ................................... $ $ $ O c. Interest ............................................ $ $ $ 0 d. Costs (see reverse) ....................... $ 0 $ $ O e. Attorney fees ................................. $ $ $ O f. TOTALS .......................................... $ 0 $ O $ 0 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425. 1 1.) 3. D (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information ls on the reverse (complete item 4). éLDate: 07-13-2021Mark J Hilliard } ¢ (TYPE 0R PRINT NAME) (SIGNATURE 6F PLAINTIFF 0R ATTORNEY FORgLAlNTIFF) FOR COURT (1)m Default entered as requested on (date); Def‘s name is unclear In the body and title of the Complaint. USE ONLY (2)D Default NOT entered as requested (state reason): Suy Clerk, by , Deputy Page 1 or 2 Form Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedurefifiwsg-usgcygeog [Rev ““3““ 2°2° (Application to Enter Default) 5 0 4 8 7 . O 0 1 Complaint. Def's name in item #6b(2) does not match the CIV-1 00 PlaintifflPetitioner: 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 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: c. Telephone no.2 b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5.m Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a.D is m is not on a contract or installment sale for goods or sewices subject to Civ. Code, § 1801 et seq. (Unruh Act). b.D 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.D 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 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): O 7 - l 3 - 2 O 2 l (2) To (specify names and addresses shown on the envelopes): l) Julianne Williams: 7475 N. Palm Ave, Ste 106, Fresno, CA 93711 2) Todd Wynkoop: McCormick Barstow LLP Attorneys at Law, 7647 N. Fresno St., Fresno, CA 93720 l declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date: 07-13-2021 Brooklynn Nabéfa ’ (TYPE 0R PRINT NAME) ‘ / SIGNATURE 0F DECLARANT)\_,/ ‘ 7. Memorandum of costs (required ifmoneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): . Clerk's filing fees ............................................. . Process server‘s fees ....................................... . Other (specify): $ $ $ $ TOTAL ............................................................ $-_O_D Costs and disbursements are waived. . . 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. nfipgoom | declare under penalty of perjury under the laws of the State of California that the foregoing is true and .orrect. Date: 07-13-2021 yMark J Hi1liard > ’m l/ (TYPE OR PRINT NAME) (SIGNATURE OF DEC "D 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 California that the foregoing is true and correct. Date: } (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) CIV-1 00 [Rev. January 1. 2020] Page 2 of 2 CEB, “t“ REQUEST FQR ENTRY OF DEFAULT 5 O 4 8 7 O 0 lMm Emmy (Application to Enter Default) . MC-025 SHORT TITLE: CASE NUMBER: KAN-DI-KI, LLC d/b/a TRIDENTCARE, et al. v. DYCORA et al. 21CECG00359 ATTACHMENT (Number) : 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.) ~J~dij~ftiiiJl~t0l!i1if6~i~se MC-025 [Rev. July 1, 2009] ATTACHMENT to Judicial Council Form CEB. / Essential ceb.com f2 forms· 50487.001 Page_L_ot,L_ (Add pages as required) www.courtinfo.ca.gov l 2 3 4 5 6 7 8 9 10 11 P-< ~ 12 ~;:.,: ::r: < u ...J ' t:: r"'" ~ ::;:: .,: "' 13 (/) V,"' >- u (J)"' e-< c,: z::, ~ p::; z 14 ::c 8 ....1 f-<,.. < 0.,: 3: c:,: eO 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 July 13, 2021, I served a copy of the within document(s): ~ REQUEST FOR ENTRY OF DEFAULT RE: Dycora Transitional Health-San Jose LLC (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 N. Palm Ave., Ste. 106 Fresno, CA 93711 Todd Wynkoop McCormick Barstow LLP Attorneys at Law 7647 N. Fresno St. Fresno, CA 93 720 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 July 13, 2021, at Walnut Creek, California. Isl Brooklynn Nabeta Brooklynn Nabeta PROOF OF SERVICE