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  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
  • ADRIANA J. QUINTERO  vs.  LEONARD W STONE, III, et al(16) Unlimited Fraud document preview
						
                                

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CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO:203505 FOR COURT USE ONLY NAME: Scott D. Long FIRM NAME: Fidelity National Law Group, The Law Div. of Fidelity National Title Group, Inc. STREET ADDRESS: 1550 Parkside Drive, Suite 300 CITY: Walnut Creek STATE: CA ZIP CODE: 94596 TELEPHONE NO.:(925) 280-3362 FAX NO.:(925) 930-9588 E-MAIL ADDRESS:scott.long@fnf.com Leonard W. Stone III and Jessica L. Stone ATTORNEY FOR (name): 6/23/2022 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: 400 County Center, Redwood City, CA 94063 CITY AND ZIP CODE: Redwood City 94063 BRANCH NAME: Southern Branch Plaintiff/Petitioner: Adriana J. Quintero Defendant/Respondent: Leonard W. Stone, III, et al. CASE NUMBER: REQUEST FOR ê Entry of Default Clerk's Judgment 22-CIV-00190 (Application) Court Judgment 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): March 8, 2022 b. by (name): Leonard W. Stone III and Jessica L. Stone c. ê Enter default of defendant (names): Steven A Weinkauf, as Trustee of the Steven A. Weinkauf Irrevocable Living Trust d. I 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 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) 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.) 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) for default previously entered on(date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint ............. $ 0.00 $ 0.00 $ 0.00 b. Statement of damages* (1) Special .................... $ 0.00 $ 0.00 $ 0.00 (2) General .................... $ 0.00 $ 0.00 $ 0.00 c. Interest ........................ $ 0.00 $ 0.00 $ 0.00 d. $ 0.00 Costs (see reverse) . . . . . . . . . . . . . . $ 0.00 $ 0.00 e. Attorney fees . . . . . . . . . . . . . . . . . . . $ 0.00 $ 0.00 $ 0.00 f. TOTALS ...................... $ 0.00 $ 0.00 $ 0.00 g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.) 3. (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: June 22, 2022 Scott D. Long (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (1) X Default entered as requested on (date): 6/23/2022 FOR COURT USE ONLY (2) Default NOT entered as requested (state reason): Neal I. Taniguchi Clerk, by /s/ Kimberly Claussen , Deputy Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, §§ 585–587, 1169 Judicial Council of California CIV-100 REQUEST FOR ENTRY OF DEFAULT www.courts.ca.gov [Rev. January 1, 2020] (Application to Enter Default) CIV-100 CASE NUMBER: Plaintiff/Petitioner: Adriana J. Quintero 22-CIV-00190 Defendant/Respondent: Leonard W. Stone, III, et al. 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant ê or 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. ê Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a. is ê is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. is ê is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is ê 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. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. ê 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): June 22, 2022 (2) To (specify names and addresses shown on the envelopes): Steven A Weinkauf 9 Channel Landing, Tiburon, CA 94920 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: June 22, 2022 Michael B. Garcia (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 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 .................... $0 b. Process server's fees ................. $0 c. Other (specify): $0 d. $0 e. TOTAL ............................. $0 f. 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. Date: June 22, 2022 Scott D. Long (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required for a 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. § 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. Date: June 22, 2022 Scott D. Long (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 2 of 2 CIV-100 [Rev. January 1, 2020] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Scott D. Long (SBN 203505) Fidelity National Law Group, The Law Division of Fidelity National Title Group, Inc. 1550 Parkside Drive, Suite 300 Walnut Creek, CA 94596 6/22/2022 TELEPHONE NO.:(925) 280-3362 (925) 930-9588 FAX NO. (Optional): Scott.Long@fnf.com E-MAIL ADDRESS (Optional): Leonard W. Stone III and Jessica L. Stone ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS:400 County Center 400 County Center, Redwood City, CA 94063 MAILING ADDRESS: Redwood City 94063 CITY AND ZIP CODE: BRANCH NAME:Southern Branch PLAINTIFF/PETITIONER: Adriana J. Quintero CASE NUMBER: DEFENDANT/RESPONDENT: Leonard W. Stone, III, et al. 22-CIV-00190 Ref. No. or File No.: AMENDED PROOF OF SERVICE OF SUMMONS (Separate proof of service is required for each party served.) 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies of: a. ê summons b. ê complaint c. ê Alternative Dispute Resolution (ADR) package d. ê Civil Case Cover Sheet (served in complex cases only) e. ê cross-complaint f. ê other (specify documents): Notice of Pendency of Action, Notice of Assignment and of CMC; blank CMC Statement form. 3. a. Party served (specify name of party as shown on documents served): Steven A Weinkauf, as Trustee of the Steven A. Weinkauf Irrevocable Living Trust b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a): 4. Address where the party was served: 9 Channel Landing, Tiburon, CA 94920 5. I served the party (check proper box) a. ê by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party(1) on (date): May 22, 2022 (2) at (time):2:25 P.M. b. by substituted service. On (date): at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4) I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on (date): from (city): or a declaration of mailing is attached. (5) I attach a declaration of diligence stating actions taken first to attempt personal service. Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California AMENDED PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10 POS-010 [Rev. January 1, 2007] PCS-01 0 PLAINTIFF/PETITIONER: Adriana J. Quintero CASE NUMBER: DEFENDANT/RESPONDENT: Leonard w. Stone. et III. an. ZZ-ClV-00190 5. c. E by mail and acknowledgment of receipt of service. l mailed the documents listed in item 2 to the party, to the address shown in item 4, by rst-class mail, postage prepaid, (1) on (date): (2) from (city): (3) E with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc.. § 41 5.30.) (4) E to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d. E by other means (specify means of service and authorizing code section): E Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. b. as the person sued under the ctitious name of (specify): c. E as occupant. d. E On behalf of (specify): under the following Code of Civil Procedure section: D 416.10 (corporation) D 415.95 (business organization, form unknown) [j 416.20 (defunct corporation) D 416.60 (minor) 416.30 (joint stock company/association) E 416.70 (ward or conservatee) E 416.40 (association or partnership) 416.90 (authorized person) 416.50 (public entity) 415.46 (occupant) E other: Trustee of the Steven A. Weinkauf Irrevocable Living 7. Person who served papers a. Name: John Beaudin Address: 1547 Symphony Circle, Brentwood. CA 94513 Telephone number: (925) 754-1 107 The fee for service was: $ lam: (1)E not a registered California process sen/er. (2) E] exempt from registration under Business and Professions Code section 22350(b). (3) a registered California process server: (i) D owner E employee E independent contractor. (ii) Registration No.: 186 (iii)County: Contra Costa 8. E ldeclare under penalty of perjury underthe laws of the State of California that the foregoing is true and correct. 0f 9. E lam a California sheriff or marshal and | certify that the foregoing is true and correct. Date: June 21, 2022 I John Beaudin (NAMEor pERSON wr-ro SERVED PAPERS/SHERIFF 0R MARSHAL) (SIGNATURE) PosmorRevuanuaryLzoon AMENDED PROOF OF SERVICE OF SUMMONS