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DEFAULT ENTERED
AS REQUESTED CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO:
251512 FOR COURT USE ONLY
NAME: llya Filmus, Esq.
FIRM NAME INFINITY LAW GROUP LLP
STREET ADDRESS: 3450 Geary Boulevard, Suite 210
ELECTRONICALLY
cITY: San Francisco STATE: CA ZIP CODE: 94118
TELEPHONE NO. (415) 426-3580 FAX NO.(415)426-3581 F I L E D
E-MAIL ADDRESSifilmus@infinitylawca.com Superior Court of California,
County of San Francisco
ATTORNEY FOR (name}:
Plaintiff, Miyabi Leu
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 06/17/2020
STREET ADDRESS: 400 McAllister Street Clerk of the Court
BY: RAYMOND WONG
MAILING ADDRESS: 400 McAllister Street
Deputy Clerk
CITY AND ZIP CODE:San Francisco, CA 94102
BRANCH NAME: Civic Center Courthouse
Plaintiff/Petitioner:
Miyabi Leu
Defendant/Respondent: Juan Jose Estrada
REQUEST FOR w Entry of Default D Clerk's Judgment
CASE NUMBER:
CGC-19-580635
(Application) D 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): November 8, 2019
b. by (name): Plaintiff Miyabi Leu
c. CK] Enter default of defendant (names):
Juan Jose Estrada
d. CK] I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989 , etc., against defendant
(names):
Juan Jose Estrada
(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 Procedure 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. Amount Credits acknowledged Balance
a. Demand of complaint ............. $ $ $
b. Statement of 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: $ per day beginning (date):
(* Personal injury or wrongful death actions; Code Civ. Proc., § 425. 11.)
3. D (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 1 6, 2020
llya Filmus, Esq.
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF PLAINTIFF
OR ATTORNEY FOR PLAINTIFF)
06/17/2020
FOR COURT (1) D Default entered as requested on (date):
USE ONLY (2) D Default NOT entered as requested (state reason): RAYMOND WONG
Clerk, by , Deputy Page 1 of•
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: Miyabi Leu
. CGC-19-580635
Defendant/Respondent: Juan Jose Estrada
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code,§ 6400 et seq.). A legal document assistant or
unlawful detainer assistant CJ did [KJ did not 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. [K] Declaration under Code Civ. Proc.,§ 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
a. C]is IT] is not on a contract or installment sale for goods or services subject to
Civ. Code, § 1801 et seq.(Unruh Act).
b. C]is IT] is not on a conditional sales contract subject to
Civ. Code,§ 2981 et seq.(Rees-Levering Motor Vehicle Sales
and Finance Act).
C. C]is IT] 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. CJ not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names):
b. [K] 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 16, 2020 (2) To (specify names and addresses shown on the envelopes):
Juan Jose Estrada
2162 21st Avenue
San Francisco, CA 94116
I declare under penalty of perjury under the laws of the
State ofCalifornia that the foregoing items 4, 5, and 6 are true and correct.
Date: June 16, 2020
llya Filmus, Esq.
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF DECLARANT)
7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows ( CodeCiv. Proc.,
§ 1033.5) :
a. Clerk's filing fees.......... . . . . . .. . . .
$
b. Process server's fees .. . .. ........... . $
c. Other (specify): $
d. $
e. TOTAL ............................. $ --------
f. D Costsand 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:
(TYPE OR PRINT NAME)
â–º (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), orCalifornia Military and
Veterans Code sections 400 and 402(f).
I declare under penalty of perjury under the laws of the
State ofCalifornia that the foregoing is true and correct.
Date: June 16, 2020
llya Filmus, Esq.
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF DECLARANT)
Page 2 of 2
CIV-100 [Rev. January 1, 2020] REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
Leu v. Estrada
San Francisco County Superior Court Case No.: CSM-19-861983
Our File No.: 00372
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, CITY OF PLEASANTON, COUNTY OF ALAMEDA
3 I, Tina d’Almeida, declare:
4 I am a citizen of the United States, over 18 years of age and not a party to the within
action. I am employed in the City of San Ramon, County of Contra Costa; my business address
5 is 111 Deerwood Road, Suite 200, San Ramon, California 94583. Due to the National
Emergency / COVID-19, I am working remotely in Pleasanton, California.
6
On June 17, 2020, I served the attached and/or enclosed:
7
REQUEST FOR ENTRY OF DEFAULT
8
on all parties in this action, please see attached service list:
9
Service was accomplished by causing either an original or a true copy of the above-
10 referenced document(s) to be distributed as follows:
11 BY MAIL: I caused such document(s) to be placed in a sealed envelope, addressed as
indicated above, with prepaid first-class postage thereon, and then placed the envelope(s) for
12 collection and mailing, in accordance with the firm’s ordinary business practice. I am readily
familiar with the firm's ordinary business practice for collection and processing of
13 correspondence for mailing with the United States Postal Service. Under that practice
correspondence for mailing is deposited with United States Postal Service on the date indicated
14 for service, with prepaid first-class postage thereon.
15 BY EMAIL: I caused such documents to be transmitted via email to the parties indicated
above, at their respective email addresses.
16
BY HAND DELIVERY: I caused such documents to be hand delivered to the addresses
17 indicated above.
18 VIA FACSIMILE: I caused such documents to be transmitted via facsimile to the parties
indicated above, at their respective facsimile numbers.
19
VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for the
20 United States Postal Service, United Parcel Service, Federal Express or other overnight carrier,
to be delivered by way of overnight mail to the addresses indicated above.
21
I declare under penalty of perjury under the laws of the State of California, that the
22 foregoing is true and correct.
23 Executed on June 17, 2020, at Pleasanton, California.
24
25 _______________________________
Tina d’Almeida
26
27
28
-POS 1
Proof of Service
Leu v. Estrada
San Francisco County Superior Court Case No.: CSM-19-861983
Our File No.: 00372
1 SERVICE LIST
2 Juan Jose Estrada In Pro Per
2162 21st Avenue
3 San Francisco, CA 94116
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-POS 2
Proof of Service
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DEFAULT ENTERED AS REQUESTED CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 251512 FOR COURT USE ONLY NAME: llya Filmus, Esq. FIRM NAME INFINITY LAW GROUP LLP STREET ADDRESS: 3450 Geary Boulevard, Suite 210 ELECTRONICALLY cITY: San Francisco STATE: CA ZIP CODE: 94118 TELEPHONE NO. (415) 426-3580 FAX NO.(415)426-3581 F I L E D E-MAIL ADDRESSifilmus@infinitylawca.com Superior Court of California, County of San Francisco ATTORNEY FOR (name}: Plaintiff, Miyabi Leu SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco 06/17/2020 STREET ADDRESS: 400 McAllister Street Clerk of the Court BY: RAYMOND WONG MAILING ADDRESS: 400 McAllister Street Deputy Clerk CITY AND ZIP CODE:San Francisco, CA 94102 BRANCH NAME: Civic Center Courthouse Plaintiff/Petitioner: Miyabi Leu Defendant/Respondent: Juan Jose Estrada REQUEST FOR w Entry of Default D Clerk's Judgment CASE NUMBER: CGC-19-580635 (Application) D 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): November 8, 2019 b. by (name): Plaintiff Miyabi Leu c. CK] Enter default of defendant (names): Juan Jose Estrada d. CK] I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989 , etc., against defendant (names): Juan Jose Estrada (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 Procedure 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. Amount Credits acknowledged Balance a. Demand of complaint ............. $ $ $ b. Statement of 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: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425. 11.) 3. D (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 1 6, 2020 llya Filmus, Esq. (TYPE OR PRINT NAME) ► (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) 06/17/2020 FOR COURT (1) D Default entered as requested on (date): USE ONLY (2) D Default NOT entered as requested (state reason): RAYMOND WONG Clerk, by , Deputy Page 1 of• 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: Miyabi Leu . CGC-19-580635 Defendant/Respondent: Juan Jose Estrada 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code,§ 6400 et seq.). A legal document assistant or unlawful detainer assistant CJ did [KJ did not 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. [K] Declaration under Code Civ. Proc.,§ 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a. C]is IT] is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq.(Unruh Act). b. C]is IT] is not on a conditional sales contract subject to Civ. Code,§ 2981 et seq.(Rees-Levering Motor Vehicle Sales and Finance Act). C. C]is IT] 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. CJ not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names): b. [K] 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 16, 2020 (2) To (specify names and addresses shown on the envelopes): Juan Jose Estrada 2162 21st Avenue San Francisco, CA 94116 I declare under penalty of perjury under the laws of the State ofCalifornia that the foregoing items 4, 5, and 6 are true and correct. Date: June 16, 2020 llya Filmus, Esq. (TYPE OR PRINT NAME) ► (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows ( CodeCiv. Proc., § 1033.5) : a. Clerk's filing fees.......... . . . . . .. . . . $ b. Process server's fees .. . .. ........... . $ c. Other (specify): $ d. $ e. TOTAL ............................. $ -------- f. D Costsand 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: (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), orCalifornia Military and Veterans Code sections 400 and 402(f). I declare under penalty of perjury under the laws of the State ofCalifornia that the foregoing is true and correct. Date: June 16, 2020 llya Filmus, Esq. (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) Leu v. Estrada San Francisco County Superior Court Case No.: CSM-19-861983 Our File No.: 00372 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, CITY OF PLEASANTON, COUNTY OF ALAMEDA 3 I, Tina d’Almeida, declare: 4 I am a citizen of the United States, over 18 years of age and not a party to the within action. I am employed in the City of San Ramon, County of Contra Costa; my business address 5 is 111 Deerwood Road, Suite 200, San Ramon, California 94583. Due to the National Emergency / COVID-19, I am working remotely in Pleasanton, California. 6 On June 17, 2020, I served the attached and/or enclosed: 7 REQUEST FOR ENTRY OF DEFAULT 8 on all parties in this action, please see attached service list: 9 Service was accomplished by causing either an original or a true copy of the above- 10 referenced document(s) to be distributed as follows: 11 BY MAIL: I caused such document(s) to be placed in a sealed envelope, addressed as indicated above, with prepaid first-class postage thereon, and then placed the envelope(s) for 12 collection and mailing, in accordance with the firm’s ordinary business practice. I am readily familiar with the firm's ordinary business practice for collection and processing of 13 correspondence for mailing with the United States Postal Service. Under that practice correspondence for mailing is deposited with United States Postal Service on the date indicated 14 for service, with prepaid first-class postage thereon. 15 BY EMAIL: I caused such documents to be transmitted via email to the parties indicated above, at their respective email addresses. 16 BY HAND DELIVERY: I caused such documents to be hand delivered to the addresses 17 indicated above. 18 VIA FACSIMILE: I caused such documents to be transmitted via facsimile to the parties indicated above, at their respective facsimile numbers. 19 VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for the 20 United States Postal Service, United Parcel Service, Federal Express or other overnight carrier, to be delivered by way of overnight mail to the addresses indicated above. 21 I declare under penalty of perjury under the laws of the State of California, that the 22 foregoing is true and correct. 23 Executed on June 17, 2020, at Pleasanton, California. 24 25 _______________________________ Tina d’Almeida 26 27 28 -POS 1 Proof of Service Leu v. Estrada San Francisco County Superior Court Case No.: CSM-19-861983 Our File No.: 00372 1 SERVICE LIST 2 Juan Jose Estrada In Pro Per 2162 21st Avenue 3 San Francisco, CA 94116 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -POS 2 Proof of Service