Request,Application: 2555 PULGAS EPA A CALIFORNIA LIMITED LIABILITY et al VS. SAN FRANCISCO TIFFANY GARDENS A CALIFORNIA LIMITED et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Sep-13-2012 11:10 am

Case Number: CGC-06-459175
Filing Date: Sep-13-2012 11:04
Filed by: NADITA MASON
Juke Box: 001 Image: 03761847
REQUEST TO ENTER DEFAULT FILED/DEFAULT ENTERED

2555 PULGAS EPA A CALIFORNIA LIMITED LIABILITY et al VS. SAN
FRANCISCO TIFFANY GARDENS A CALIFORNIA LIMITED et al

001003761847

Instructions:
Please place this sheet on top of the document to be scanned.CIV-100
ORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and add 5
| “KNICK SHAMIYEH, ESQ., STATE BAR NO. 047136 SOE Ree disco

RAMI S. SHAMIEH, ESQ., STATE BAR NO.: 253722

SHAMIYEH & SHAMIEH, Attorneys At Law 3

112 West 25th Avenue, Suite 1, San Mateo, California 94403 202 SEP | 3 PM 2 03

re.ernone no: 650-627-8027 FAX NO (Optonay: 650-627-8029 SUbaa Ur THe GOURT
E-MAIL ADDRESS (Optiona): ebbon Me
‘Or "OR (Nar Plaintiff and Cross- Defendant Nabeel Y f .
ATTORNEY FOR (Name): laintiil an TOSS: relendant jadee! OUuSC! i fe .

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
streer aooress: 400 McAllister Street
MAILING ADDRESS
crryanozipcooe: San Francisco 94102
RANCH NAME
PLAINTIFF/PETITIONER: Nabeel Youssef, idba Good Frikin Chicken

DEFENDANT/RESPONDENT: Brian Maloney, et al.

DEPUTY CLERK

CASE NUMBER:

CGC-06-459175

REQUEST FOR ¥] Entry of Default (J clerk's Judgment

(Application)
[J court Judgment
41. TO THE CLERK: On the complaint or cross-complaint filed
a. on (date): August 25, 2008

b. by (name)) NABEEL YOUSSEF, individually and dba GOOD FRIKIN CHICKEN
c. [7] Enter default of defendant (names): GLENN HEUSER

aC! 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) oO 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 acknowled Balance

a. Demand of complaint $ $ $

b. Statement of damages *
(1) Special occ e eee ie $ $
(2)General .............00. $ $ $

c. Interest .. . $ $ $

d. Costs (see reverse)......... $ $ $

e. Attorney fees...... $ $ $

f. TOTALS  §$ $ $
Daily damages were demanded in complaint at the rate of: $ per day beginning (date):

C Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)

3. Oo (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on
the Ses (complete item 4).

Date: Mai
Nat Medeiros Sq. »
PRINT NAME)
(1) Default entered as requested on (dat EP 1 3 2012
(2) Default NOT entered as requested (state reason):
FOR COURT .
USE ONLY Clerk, by,

Page tof?
Form Adopted fr Mandatory Use REQUEST FOR ENTRY OF DEFAULT C08 OO eee

ClV-100 [Rev. January 1, 2007] (Application to Enter Default) www courtinfo.ca.gov.CIV-100

PLAINTIFF/PETITIONER: Nabeel Youssef, idba Good Frikin Chicken ‘CASE NUMBER
DEFENDANT/RESPONDENT: Brian Maloney, et al. CGC-06-459175

4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant

or unlawful detainer assistant did Lv] didnot 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,:
f. Expires on (date):

Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).
This action

a Cis TJ isnot ona contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
b. is isnot ona conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).

©. Oo is L¥_Jis not onan 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 plaintiffs attorney (names):

b. Lv] 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): May 25, 2011 (2) To (specify names and addresses shown on the envelopes):
GLENN HEUSER, 199 Tiffany Ave., Unit 303,
San Francisco, CA 94110

I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5 ang are true and correct.

Date: May 25, 2011 .
Neil T. Medeiros, Esq.
(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 $
Process server's fees $
Other (specify ll. 8
TOTAL . $

[1 costs and disbursements are waived.

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.
1 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. Oo 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. § 501 et seq.).

| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(YPE OR PRINT NAME) ‘(SIGNATURE OF DECLARANT)

‘G00 [Rev. January 1, 2007) REQUEST FOR ENTRY OF DEFAULT Page 2 of 2
(Application to Enter Default)POS-010

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
+ GEORGE P. ESHOO, ESQ.
LAW OFFICES OF GEORGE P. ESHOO
702 Marshall St., Suite 500
Redwood City, CA 94063
teepHoneno: (650) 364-7030
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name: Plaintiff, 2555 Pulgas EPA

(SBN: 39081)

FAXNO. (Optionay: (650) 364-3054

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
streetaooress: 400 McAllister Avenue

FOR COURT USE ONLY

F

San Francisco County Superior Court

AUG 2 8 2008

BORDON a Clerk
BY:
‘MAILING ADDRESS: Deputy Clerk

ciyanozpcove:San Francisco,
BRANCH NAME:

CA 94104

PLAINTIFF/PETITIONER: 2555 PULGAS EPA, et al. CASE NUMBER:

06-459175
SAN FRANCISCO TIFFANY GARDENS,
et al.

DEFENDANT/RESPONDENT:

PROOF OF SERVICE OF SUMMONS Ref. No. or File No.:

No

(Separate proof of service is required for each party served.)
At the time of service | was at least 18 years of age and not a party to this action.
| served copies of: .
a. EX] summons
b. (QQ complaint
c. [) Alternative Dispute Resolution (ADR) package
d. () Civil Case Cover Sheet (served in complex cases only)
e. () cross-complaint
f. (2) other (specify documents) :

a. Party served (specify name of party as shown on documents served):
GLENN HEUSER

b. (C) 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):

Address where the party was served:

199 Tiffany Ave., #303

San Francisco, CA 94110

1 served the party (check proper box)

a. [&) by personal service. | 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): 8/10/08 (2) at (time): 10:38a.m.

b. CC) by substituted service. On (date) : at (time) : 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) (2) (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. | informed him or her of the general nature of the papers.
(2) CL} (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. | informed him or her of the general nature of the papers.
(3) oO (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. | informed
him or her of the general nature of the papers.
(4) (2) | 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). | mailed the documents on
(date) : from (city): or (_] a declaration of mailing is attached.

(5) (2) | 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
POS-010 [Rev. January 1, 2007]

PROOF OF SERVICE OF SUMMONS ‘Code of Civit Procedure, § 417.10

‘Martin Dean’

ENTIAL FORMS"> | 'DEFENDANT/RESPONDENT:SAN FRANCISCO TIFFANY GARDENS, ET AL.

PLAINTIFFIPETITIONER. 2555 PUL( . EPA, ET AL. C= UMBER
CGC06-459175

5. c. [) by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(1) on (date) : (2) _ from (city) :
(3) C2) with two copies of the Notice and Acknowledgment of Receiptand a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgment of Receipt.) (Code Civ. Proc., § 415.30.)
(4) (C) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
d. (2) by other means (specify means of service and authorizing code section):

CC) Additional page describing service is attached.

6. The "Notice to the Person Served” (on the summons) was completed as follows:
a. [X) as an individual defendant.
b. [) as the person sued under the fictitious name of (specify) :
c. (2) as occupant.
d. CC) On behalf of (specify) : .
under the following Code of Civil Procedure section:

(2) 416.10 (corporation) {) 415.95 (business organization, form unknown)
(2) 416.20 (defunct corporation) (2) 416.60 (minor)
QO) 416.30 (joint stock company/association) oO 416.70 (ward or conservatee)
{2} 416.40 (association or partnership) (} 416.90 (authorized person)
(2) 416.50 (public entity) (2) 415.46 (occupant)
(2) other:

7. Person who served papers
a. Name: Victor Blama

b. Address: 500 Allerton St., #105, Redwood City, CA 94063
c. Telephone number: (650) 364-9612

d. The fee for service was: $ 48.50

e. lam:

(1) (2) nota registered California process server.
(2) (C) exempt from registration under Business and Professions Code section 22350(b).
(3) [XQ registered California process server:
(@ (CQowner (J employee []) independent contractor.
(ii) Registration No: 480
(ii) County: Alameda
8. [X) | deciare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or .

9. (2) lama California sheriff or marshal and |! certify that the foregoing is true and correct.

Date: August 20, 2008

SEE ATTACHED PROOF »
~——{NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)

10 (Rev: danuary 1, 2007] PROOF OF SERVICE OF SUMMONS Page 2 of 2For Court Use Onl

Attorney or Party without Atforney:
George P. Eshoo, Esq., Bar #39081

LAW OFFICES OF GEORGE P. ESHOO & ASSOC.
702 Marshall Street, Suite #500

Redwood City, CA 94063

Telephone No: (650) 364-7030 FAX No: 650-364-3054

Attorney for: Plaintiff GARLOCK-TIFFANY GARDENS
SAN FRANCISCO COUNTY SUPERIOR COURT

Plainti i 2 2555 PULGAS EPA, ET AL.
SUMMONS & COMPLAINT €G006-459175

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 the SUMMONS (AND) COMPLAINT
3. a, Party served: GLENN HEUSER

4. Address where the party was served: 199 TIFFANY AVE #303
San Francisco, CA 94110
5. I served the party:
a. 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: Sun., Aug. 10, 2008 (2) at: 10:38AM

6. The "Notice to the Person Served" (on the Summons) was completed as follows:
a. as an individual defendant

7. Person Who Served Papers: Recoverable Cost Per CCP 1033.5(a)(4(B)
a. VICTOR BLAMA d. The Fee for Service was: $48.50
b. SWIFT ATTORNEY SERVICE e. Iam: (3) registered California process server
P.O. BOX 5324 (i) Independent Contractor
500 ALLERTON STREET, SUITE 105 (ii) Registration No.: 480
Redwood City, CA 94063 (iii) County: Alameda

c. (650)364-9612, FAX (650)364-3305

8. I declare under penalty of perjury under the laws of the State of California that the foregoing is try€ a
Date:Wed, Aug. 20, 2008

Rute SESE IDS Ra Vanes 13007 sum FESR Sine

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