request for entry of default

Cal. Super. - 1st Dist.December 29, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name Stale Sar num(mr and address/ - David C. Anderson, Esqw SBN 83146; Andrew W. Ratto, Esqw SBN 314227 Anderson Law 591 Redwood Hwyw Building 4000 Miff Valley, CA 94941-3039 TELEPHONE NO 4 1 5 395-9898 FAX NO (Opaonag. 415 395"9839 E. MAIL ADDRESS (OFIrOnal/ ATTORNEY FOR (Nemel Plaintiff Brian Riley sUPERI0R coURT QF cALIFQRNIA, coUNTY oF San Francisco sTREETADDREss 400 McAllister Street MAILING ADDRESS GITY AND zip coDE Sall Francisco, CA 94102 BRANCH NAME: PLAINTIFF/PETITIQNER: Brian Riley OEFENoANTYREsPDNoENT: Sarah Ryan, et al. REQUEST FOR Z] Entry of Default M Clerk's Judgment (Application) C3 Court Judgment 1 TO THE CLERK: On the complaint or cross-complaint filed a. on (dale): 7/29/19 b by (name) Plaintiff Brian Riley c. ~V'nter default of defendant (names): Sarah Ryan CASE NUMBER FOR COURT USE ONLY CGC-) 9-577988 CIV-100 d. ~ I request a court judgment under Code of Cwil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): Balance $ $ $ $ $ $ pef day beginning (ds(e):g. Daily damages were demanded in complaint at the rate of: $ ( Personal injury or wrongfu/ des/h ac/ions; Code C/v. Proc., 8 425. 1 1.) 3. M (Check if filed in an unlawful de/einer case) Legal document assistant or rthe reverse (comp/ete //em 4).Date November 20, 2019Andrew W. Ratto, Esa. ITYPE OR PRINT NAME) information is on f tscNATIIRS or/PLAINTIFF OR ATTORNEY FOR plAINTIFF) (Tes//mony relic/red. App/y to the c/erk for s hearing date, unless the court will enter a judgment on an a//idevi/ under Code Civ. Proc., 9 585(d) ) e. C3 Enter derk's judgment (1) ~ 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., 8 1169.)~ 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). (Comp/e/e the declaration under Code Civ. Proc., 9 585.5 on ihe reverse (i/em 5).) (3) ~ for default previously entered on (da/e): 2. Judgment to be entered. Amount Credits acknowledaed a. Demandofcomplaint ............ $ $ $ b. Statement of damages * (1) Special .................... $ $ (2) General .................... $ $ c. Interest ..................... $ $ d. Costs (see reverse)....,......... $ $ e. Attorney fees................... $ $ f. TOTALS ...................... $ $ FOR COURT USE ONLY (1)~ Default entered as requested on (dale): (2)~ Default NOT entered as requested (slate reason): Clerk, by , Deputy Page I of 2 Form Adopted for Mandalow Use Jud c el Council of Caltfom a CIY-100 IReu. January I, 2007I REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Code ofCiwl Procedure El(555-557, 1169 www coudrnfo ca gus ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/22/2019 Clerk of the Court BY: NADITA MASON Deputy Clerk DEFAULT ENTERED AS REQUESTED NADITA MASON 11/22/2019 l PLAINTIFF/PETITIONER: Brian RileyDEFENDANT/RESPONDENT Sarah Ryan, et al. CASE NUMBER CGC-I9-577988 CIV-100 4. Legal document assistant or unlawful detainer assistant (Bus. 8 Prof. Code, 0 6400 et seq.). A legal document assistant or unlawful detainer assistant M did M did not for compensation give advice or assistance with this form. (lf declaranl has received any help or advice tor pay from a legal document assistant or unlawful detainer assistant, state): a. Assistant's name: b. Street address, city, and zip code: c. Telephone no.: d. County of registration: e. Registration no.: f. Expires on (date): 5. M Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., j) 585(s)). This action a. M is H3 is not on a contract or installment sale for goods or services subject to Civ. Code, 0 1801 et seq. (Unruh Act). b. C] is IX is not on a conditional sales contract subject to Civ. Code, 0 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. E3 is IX is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., 0 395(b). 6. Declaration of mailing (Code Civ. Proc., 0 587). A copy of this Request for Entry of Default was a. C3 not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. C/] 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): Nov.22,20I9 (2) To (specify names and addresses shown on the envelopes) Sarah Ryan, 3644 Chestnut Street, NG. B., Lafayette, CA 94549 I 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 November 22, 2019 Victoria Lamerdin & 7).~~~ A~~ (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if moneyjudgment requested). Costs and disbursements are as follows (Code Civ. Proc., 0 1033.5): a. Clerk's filing fees ...............,,, $ b. Process server's fees ................. $ c. Other (specify); $ d. $ e. TOTAL $ f. W 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. I 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) 8. M Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. 0 501 et seq ). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Ov-100 [Rev Jaovan I, 2CDT] nYPE OR PRINT NAME) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) (SIGNATURE OF DECLARANT) Page 2 of 2 1 Riley v. Ryan, et al. San Francisco Superior Court Case No. CGC-19-577988 PROOF OF SERVICE 3 [C.C.P. $ 1013, C.R.C.$ 2008, F.R.C.P. Rule 5] I am over the age of eighteen years, not a party to this action and I ain employed within the 4 County of Marin. My business address is 591 Redwood Hwy., Building 4000, Mill Valley, CA 94941-3039. On the date set forth below, I served document(s) described as: 6 REQUEST FOR ENTRY OF DEFAULT in the manner indicated below and upon the individuals in the service list. 10 13 15 X BY FIRST CLASS MAIL: I am readily familiar with my firm's practice for collection and 9 processing ofcorrespondence for mailing with the United States Postal Service, to-wit, that correspondence will be deposited, postage prepaid, with the United States Postal Service, this same day, within the ordinary course ofbusiness of the law firm. 11 BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to the oIIices of the addressee(s). BY ELECTRONIC SERVICE: Upon stipulation and agreement of the parties, I caused said documents to be served electronically by utilizing File and Serve Xpress through this Court. Parties served are noted on the transaction receipt generated by File and Serve Xpress. Electronic service is undertaken consistent with Code ofCivil Procedure section 1010.6(a)(2). 16 Sarah Ryan 3644 Chestnut Street, No. B Lafayette, CA 94549 18 19 I declare under penalty ofperjury under the laws of the State of California that the foregoing statements are true and correct and that this Declaration was executed on November 22, 21 2019, at Mill Valley, CA. 22 23 VICTORIA LAMERDIN 25 26 27 PROOF OF SERVICE