Party Discovery: CAPITAL ONE BANK VS. LUCIO LUNA et al

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May-29-2008 3:53 pm

Case Number: CGC-08-471885
Filing Date: May-29-2008 3:52
Juke Box: 001 Image: 02138411
\PPLICATION TO THE CLERK FOR JUDGMENT UNDER SEC 585(

CAPITAL ONE BANK VS. LUCIO LUNA et al

001002138411

Instructions:
Please place this sheet on top of the document to be scanned.— ORIGINAL

E-MAIL ADDRESS (Optional):

ATTORNEY FOR Name CAPITAL ONE BANK.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 MCALLISTER ST., ROOM 103

MAILING ADDRESS: 1ST FLOOR

city AND zip cope: SAN FRANCISCO CA 94102

BRANCH NAME: SAN FRANCISCO JUD. DISTRICT

PLAINTIFF: CAPITAL ONE BANK
DEFENDANT: LUCIO LUNA

San Franclses County Superior Court

~ JUD-100
ATTORNEY OR PARTY WITHOUT AT TORNEY (Name, state bar number, and address), FOR COURT USE ONLY
AIMEE MORRIS 141699
CIR LAW OFFICES
8665 GIBBS DR SUITE 150
SAN DIEGO CA 92123 FILE NO.: 338817-1 q tT

TELEPHONE NO.: (800)-496-8909 FAX NO. (optonay (858)-496-5977 4

JUDGMENT CASE NUMBER:
X| By Clerk X| By Default After Court Trial CGC-08-471885
By Court On Stipulation Defendant Did Not
Appear at Trial
L
JUDGMENT

1. BY DEFAULT

aogn

2

Defendant was properly served with a copy of the summons and complaint.
Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.
Defendant's default was entered by the clerk upon plaintiffs application.

this state for the recovery of money.

Court Judgment (Code Civ. Proc., § 585(b)). The court considered
(1) plaintiff's testimony and other evidence.
(2) (plaintiff's written declaration (Code Civ. Proc., § 585(¢)).

2. ON STIPULATION

. &) Clerk's Judgment (Code Civ. Proc., § 585(a)), Defendant was sued only on a contract or judgment of a court of

JUD-100 [New January 1, 2002}

a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated
judgment and
b. (J the signed written stipulation was filed in the case.
c. [_] the stiputation was stated in open court oO the stipulation was stated on the record.
3.({] AFTER COURT TRIAL. The jury waived. The court considered the evidence.
a. The case was tried on (date and time):
before (name of judicial officer):
b. Appearances by:
Plaintiff (name each): Plaintiff's attorney (name each):
(1) (1)
__ (2) (2)
Continued on Attachment 3b.
(1 Defendant (name each): Defendant's attorney (name each).
(1) (1)
— (2) (2)
Continued on Attachment 3b.
c. (J Defendant did not appear at trial. Defendant was properly served with notice of trial.
d. £ Astatement of decision A statement of decision (Code Civ. Proc., § 632) 0 was not OC was requested.
Page 1 of 2
Form Approved for Optional U:
“foe Gouncl of Caforia JUDGMENT

Code of Civil Procedure, §§ 585, 664.6[~~ PLAINTIFF: CAPITAL ONE BANK
_ DEFENDANT: LUCIO LUNA

CASE NUMBER:
CGC-08-47 1885

JUDGMENT IS ENTERED AS FOLLOWS BY:
4.0

5. Parties. Judgment is

(J) THE COURT

1 THE CLERK

Stipulated Judgment. Judgment is entered according to the stipulation of the parties.

a. |X | for plaintiff (name each): c. for cross-complaint (name each):
CAPITAL ONE BANK
and against defendant (names): and against cross-defendant (name each):
LUCIO LUNA
Continued on Attachment 5a. Continued on Attachment 5c.
b. [__] for defendant (name each): d. for cross-defendant (name each):
6, Amount.
a ix Defendant named in item 5a above must c. Cross-defendant named in item 5c above must pay
pay plaintiff on the complaint: cross-complaint on the cross-complaint:
(1) |X] Damages $ $1,955.68 (1) Damages $
(2) [XX] Prejudgment $ $.00 (2) Prejudgment $
interest at the interest at the
‘ annual rate of 10.00% annual rate of %
(3) [XJ Attorney fees $ $485.00 (3) Attorney fees $
| (4) xX] Costs $ $229.00 (4) Costs $
(5) Other (specify): (5) Other (specify): $
(6) TOTAL $ $2,669.68 (6) TOTAL $
b. Plaintiff to receive nothing from defendant d. Cross-complainant to receive nothing from

_named in item 5b.

[__] Defendant named in item 5b to recover
costs $

and attorney fees $

7. - Other (specify):

cross-defendant named in item 5d.
Cross-defendant named in item 5d to recover
costs $

[_] and attorney fees $

)

Date: AL f
/ Hy JUDICKE 7
AY 29 200 A /
Date: WAY 29 2008 Clerk, by , Deputy
ft
CLERK’S C IFICATE (Optional)

(SEAL) | certify that this is a true copy of the original judgment on file in the court.
Date:
|
i Clerk, by , Deputy
| Page 2 of 2

‘JUB-100 new January 1, 2002]

JUDGMENT