Request,Application: COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS)

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Sep-10-2012 4:05 pm

Case Number: CGC-10-503332
Filing Date: Sep-10-2012 4:04
Filed by: NADITA MASON
Juke Box: 001 Image: 03757447
REQUEST TO ENTER DEFAULT FILED/DEFAULT ENTERED

COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE
AND PRINT SERVICES, INC et al

001003757447

Instructions:
Please place this sheet on top of the document to be scanned.> @ @ ClV-100_

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): wD FOR po) PPE” ee”
| Edward A. Kunnes (SBN 160632) ggoONE s PERIOR CouRT
Fidelity National Law Group COUN OF SAN Ep URT
100 N. Wiget Lane, Suite 150 NCISCO
Walnut Creek, CA 94598 O12 SEP 10 PM y: 97
TELEPHONE NO.: 925/930-9550 FAXNO. (Optionyy: (925) 930-9588 CLERA Gf Tu
E-MAIL ADDRESS (Optional): fA Co TRE COURT
ATTORNEY FOR (Neme: COMMONWEALTH LAND TITLE INSURANCE COMP By:
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSan Francisco (Me
streetaooress: 400 McAllister Street °
MAILING ADDRESS: DEPUTY CLERK
ciryanpzipcope: San Francisco, CA 94102
BRANCH NAME:
PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INSURANCE
COMPANY

DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES,
INC., et al.

REQUESTFOR  [X_| Entry of Default (_ Clerk's Judgment ‘CASE NUMBER:
(Application) [J] Court Judgment CGC-10-503332/11-512102

1. TO THE CLERK: On the complaint or cross-complaint filed
a. on(date): September 8, 2010; First Amended Complaint filed on January 7, 2011
b. by (name): COMMONWEALTH LAND TITLE INSURANCE COMPANY

c. [X] Enter default of defendant (names): Martini & Chnoogle BY E AX

d. (__] | 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).)
} 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.)

{<1 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 .. . . $ 2,306,820.39 $ 2,306,820.39
b. Statement of damages *
(1) Special
(2) General
Interest
Costs (see reverse) .
Attorney fees
TOTALS : ‘$ 2,306,820.39 $ 2,306,820.39
Daily damages were demanded in complaint at the rate of: $ 632.00 per day beginning (date): 7/19/2010
, Peso injury or wrongful death actions; Code Civ. Proc., § 425.11.)
] (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer — information i ison

PHAOH

$
$
$
|$ 632 PER DIEM §
$
$
$

mp ao

the reverse (complete item 4).
Date: April 16, 2012 > ( LL .
Edward Kunne
(TYPP-OR PRINT NAME) Carte ‘OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
(1) Default entered as requested on (date): Pd 0 20 12
FOR COURT (2) |__| Default NOT entered as requested (state reason):
USE ONLY
Page 1 of 2

soar ood for Maneatory Use REQUEST FOR ENTRY-OF-DEFAULT ote naar es

CIV-400 Rev. January 1, 2007] (Application to Enter Default) Sojyt ns°Clv-100
PLAINTIFF/PETITIONER: COMMONWEALTH LAND TITLE INSURANCE CASE NUMBER:
COMPANY CGC-10-503332/11-512102
| DEFENDANT/RESPONDENT: FEDEX OFFICE AND PRINT SERVICES, INC.,
et al

4. Legal document assistant a unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant
or unlawful detainer assistant [—_]did | ([X] 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):
5.x] Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).
Is action
{yi X_] is not ona contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
LX] is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
LJ is LXJis 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 plaintiff's attorney (names):

b. (XJ 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)) April 16, 2012 (2) To (specify names and addresses shown on the envelopes):
Martini & Chnoogle
c/o Melvin Lee Emerich, person
authorized to accept service

209 Portola Ct.
Los Altos, CA 94022

| 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: April 16, 2012 >
)

' ys jh
Mary Mohler db ye pee ft
(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):
. Clerk's filing fees
. Process server's fees. . .
. Other (specify):

PAAHOH

Costs and disbursements are waived.

earovangce

\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.

| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:
>

TTYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

8. (X] 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: April 16, 2012 ? .
Edward Kunnes » > ( —

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Gv 100 Rev. January 9. 2007] REQUEST FOR ENTRY OF DEFAULT Page 202
(Application to Enter Default)Commonwealth Land Title Ins. Co. v. Lum, t al.;

follows:

‘Todd Michael Austin

Clinton & Clinton

100 Oceangate Blvd., 14" Fl.

Long Beach, CA 90802

Attorneys for Defendant Fed-Ex Office and

Print Services, Inc,

Craig J. Bassett

Attorney at Law

25 W. First Street

Morgan Hill, CA 95037-4559

Attorneys for Defendants

Jay Chandrakant Shah and Elvia Palomino

‘Therese Y, Cannata

Michael M. Ching

Juna Kim

Cannata, Ching & O’Toole LLP

100 Pine St., Suite 1775

San Francisco, CA 94111

Attorneys for Defendant Winston Lum

Clement L. Glynn

(Morgan K. Lopez

Glynn & Finley, LLP

(One Walnut Creek Center

100 Pringle Ave., Suite 500

Walnut Creek, CA 94596

Attorneys for Cross-Defendant/Plaintiff
Shirley Hwang

Suite 150, Walnut Creek, California 94598.

San Francisco Superior Case #CGC10503332
PROOF OF SERVICE

I am employed in the County of Contra Costa, State of California. I am over the age of

18 years and not a party to the within action. My business address is 100 North Wiget Lane,

On the date entered below, I served the within:
1. REQUEST FOR ENTRY OF DEFAULT (Martini & Chnoogle)

on the parties in said action by placing a true copy thereof as indicated below, addressed as

Melvin Lee Emerich

209 Portola Ct.

Los Altos. CA 94022

Defendant, In Pro Per

Ay an individual defendant and as Agent on
behalf of Defendant Martini & Chnoogle

Kaushal Niroula [Booking #200910575]}
Indio Jail Facility

46057 Oasis Street

Indio, CA 92201

Defendant

Morad Afraimi

912 Edge Cliff Drive
Reno, NV 89523
Defendant

Grachelle Languban

935 Pomeroy Ave., #14
Santa Clara, CA 95051-4706
Defendant

Richard Shikman, Esq.

15 Boardman Place

San Franesico, CA 94103

Criminal Attorney for Defendant Shah

Richard Busch, Esq.

Law Offices of Richard S. Busch
2660 Townsgate Road, Suite 400
Westlake Village, CA 91361
Attorney for Defendant/Interpleader
Merchants Bonding CompanyWN

(7) BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed in
the United States Mail, which envelope(s) was then sealed and placed for collection and
mailing at my place of business following ordinary business practices. Said
correspondence will be deposited with the United States Postal Service at Walnut Creck,
California, on the referenced date in the ordinary course of business; and there is delivery
service by United States mail at the place so addressed in the City of Walnut Creek,
County of Contra Costa, State of California.

K) BY PERSONAL SERVICE: I caused such envelope to be delivered by hand on the
office(s) of the addressce(s).

i) BY OVERNIGHT MAIL: _ I caused such envelope to be delivered by Golden State
Overnight to the office(s) of the addressee(s).

( BY FACSIMILE: _ I caused a copy of such document to be sent via facsimile
transmission to the office(s) of the parties above stated.
1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
DATED: April 16, 2012 i).

beg

Mary J. Molifer }