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CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 144063 FOR COURT USE ONLY
NAME Gregory J. Kohler, Deputy District Attorney
FIRM NAME: CYNTHIA J. ZIMMER, District Attorney, County of Kem
sTREETADDREss: 1215 Truxtun Avenue, 4th Floor, Bakersfield, CA 93301
c1TY: Bakersfield STATE: CA ZIP CODE: 9330 I
TELEPHONE NO. (66 J) 868-2340 FAX NO. ( 66 J) 868-2700
E-MAIL ADDRESS gjkohler@kemda.org
ATTORNEY FOR (name): Plaintiff, The People of the State of California
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS: 1215 Truxtun A venue
CITY AND ZIP CODE: Bakersfield 9330 I
BRANCH NAME: Metropolitan Division
Plaintiff/Petitioner: THE PEOPLE OF STA TE OF CALIFORNIA
Defendant/Respondent: OCTA VIO GONZALEZ, an individual
CASE NUMBER:
REQUEST FOR 00 Entry of Default D Clerk's Judgment
(Application) D Court Judgment BCV-23-102684
Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code,§ 1788.50 et seq.); (see form CIV-105)
1. TO THE CLERK: On the complaint or cross-complaint filed
a. on (date) : August 15, 2023
b. by (name): Plaintiff, The People of the State of California
c. 00 Enter default of defendant (names):
OCTA VIO GONZALEZ, an individual
d. 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. DEnter 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: October 16, 2023
Gregory J. Kohler, Deputy District Attorney
(TYPE OR PRINT NAME)
FOR COURT (1) D Default entered as requested on (date):
USE ONLY (2) D Default NOT entered as requested (state reason) :
Clerk, by , Deputy Page 1 of
Form Adopted for Mandatory Use Code of Civil Procedure, §§ 585-587, 1169
Judicial Council of California
REQUEST FOR ENTRY OF DEFAULT www. courts.ca.gov
CIV- 100 [Rev. January 1, 2023) (Application to Enter Default)
CIV-100
CASE NUMBER:
Plaintiff/Petitioner: THE PEOPLE OF THE STA TE OF CALIFORNIA
DefendanURespondent: OCTAVIO GONZALEZ, an individual BCV-23 - 102684
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or
unlawful detainer assistant D
did [][] did not 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. [8J Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
a. D is [8J is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
b. CJ is [8J is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act) .
c. D i s [8J 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. [8J 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): October 16, 2023 (2) To (specify names and addresses shown on the envelopes):
Octavio Gonzalez
1001 M Street, Bakersfield, CA 93304
· el"l"t~
I declare under penalty of perjury under the laws of the State of California that the foreg . ·na_.w
Date: October 16, 2023
TRoth
(TYPE OR PRINT NAME)
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 .. . .. . . . . ... ....... . $
b. Process server's fees $
c. Other (specify): $
d. $
e. TOTAL ..... .... ............ . . .. .... $
--------
f. CJ 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 item 7 is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANn
Page 2 of 3
CIV-100 [Rev. January 1, 2023] REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
CIV-100
CASE NUMBER:
Plaintiff/Petitioner: THE PEOPLE OF THE STA TE OF CALIFORNIA
DefendanURespondent: OCTAVIO GONZALEZ an individual
' BCV-23-102684
8. Declaration of nonmilitary status (required for a judgment).
No defendanUrespondent named in item 1c is in the military service of the United States as defined by either the Servicemembers
Civil Relief Act (see 50 U.S.C. § 3911 (2)) or California Military and Veterans Code sections 400 and 402(f).
I know that no defendanUrespondent named in item 1c is in the U.S. military service because (check all that apply):
a. IX] the search results that I received from https:llscra.dmdc.osd.mill say the defendanUrespondent is not in the U.S. military
service.
b. DI I am in regular communication with the defendanUrespondent and know that they are not in the U.S. military service.
c. D I recently contacted the defendanUrespondent, and they told me that they are not in the U.S. military service.
d. DI I know that the defendanUrespondent was discharged from U.S. military service on or about (date):
e. D the defendanUrespondent is not eligible to serve in the U.S. military because they are:
D incarcerated CJ a business entity
f. DI other (specify) :
ote
• U.S. military status can be checked online at https://scra .dmdc.osd.mill.
• If the defendanUrespondent is in the military service, or their military status is unknown, the defendanUrespondent
is entitled to certain rights and protections under federal and state law before a default judgment can be entered.
• For more information, see https:llselfhelp.courls.ca.govlmilitary-defaults.
I declare under penalty of perjury under the laws of the State of California that the foregoing item 8 is true and correct.
Date:
October 16, 2023
Gregory J. Kohler, Deputy District Attorney
(TYPE OR PRINT NAME)
Page 3 013
CIV-100 (Rev. January 1, 2023) REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
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CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 144063 FOR COURT USE ONLY NAME Gregory J. Kohler, Deputy District Attorney FIRM NAME: CYNTHIA J. ZIMMER, District Attorney, County of Kem sTREETADDREss: 1215 Truxtun Avenue, 4th Floor, Bakersfield, CA 93301 c1TY: Bakersfield STATE: CA ZIP CODE: 9330 I TELEPHONE NO. (66 J) 868-2340 FAX NO. ( 66 J) 868-2700 E-MAIL ADDRESS gjkohler@kemda.org ATTORNEY FOR (name): Plaintiff, The People of the State of California SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: 1215 Truxtun A venue CITY AND ZIP CODE: Bakersfield 9330 I BRANCH NAME: Metropolitan Division Plaintiff/Petitioner: THE PEOPLE OF STA TE OF CALIFORNIA Defendant/Respondent: OCTA VIO GONZALEZ, an individual CASE NUMBER: REQUEST FOR 00 Entry of Default D Clerk's Judgment (Application) D Court Judgment BCV-23-102684 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code,§ 1788.50 et seq.); (see form CIV-105) 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date) : August 15, 2023 b. by (name): Plaintiff, The People of the State of California c. 00 Enter default of defendant (names): OCTA VIO GONZALEZ, an individual d. 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. DEnter 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: October 16, 2023 Gregory J. Kohler, Deputy District Attorney (TYPE OR PRINT NAME) FOR COURT (1) D Default entered as requested on (date): USE ONLY (2) D Default NOT entered as requested (state reason) : Clerk, by , Deputy Page 1 of Form Adopted for Mandatory Use Code of Civil Procedure, §§ 585-587, 1169 Judicial Council of California REQUEST FOR ENTRY OF DEFAULT www. courts.ca.gov CIV- 100 [Rev. January 1, 2023) (Application to Enter Default) CIV-100 CASE NUMBER: Plaintiff/Petitioner: THE PEOPLE OF THE STA TE OF CALIFORNIA DefendanURespondent: OCTAVIO GONZALEZ, an individual BCV-23 - 102684 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant D did [][] did not 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. [8J Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a. D is [8J is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. CJ is [8J is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act) . c. D i s [8J 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. [8J 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): October 16, 2023 (2) To (specify names and addresses shown on the envelopes): Octavio Gonzalez 1001 M Street, Bakersfield, CA 93304 · el"l"t~ I declare under penalty of perjury under the laws of the State of California that the foreg . ·na_.w Date: October 16, 2023 TRoth (TYPE OR PRINT NAME) 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 .. . .. . . . . ... ....... . $ b. Process server's fees $ c. Other (specify): $ d. $ e. TOTAL ..... .... ............ . . .. .... $ -------- f. CJ 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 item 7 is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANn Page 2 of 3 CIV-100 [Rev. January 1, 2023] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) CIV-100 CASE NUMBER: Plaintiff/Petitioner: THE PEOPLE OF THE STA TE OF CALIFORNIA DefendanURespondent: OCTAVIO GONZALEZ an individual ' BCV-23-102684 8. Declaration of nonmilitary status (required for a judgment). No defendanUrespondent named in item 1c is in the military service of the United States as defined by either the Servicemembers Civil Relief Act (see 50 U.S.C. § 3911 (2)) or California Military and Veterans Code sections 400 and 402(f). I know that no defendanUrespondent named in item 1c is in the U.S. military service because (check all that apply): a. IX] the search results that I received from https:llscra.dmdc.osd.mill say the defendanUrespondent is not in the U.S. military service. b. DI I am in regular communication with the defendanUrespondent and know that they are not in the U.S. military service. c. D I recently contacted the defendanUrespondent, and they told me that they are not in the U.S. military service. d. DI I know that the defendanUrespondent was discharged from U.S. military service on or about (date): e. D the defendanUrespondent is not eligible to serve in the U.S. military because they are: D incarcerated CJ a business entity f. DI other (specify) : ote • U.S. military status can be checked online at https://scra .dmdc.osd.mill. • If the defendanUrespondent is in the military service, or their military status is unknown, the defendanUrespondent is entitled to certain rights and protections under federal and state law before a default judgment can be entered. • For more information, see https:llselfhelp.courls.ca.govlmilitary-defaults. I declare under penalty of perjury under the laws of the State of California that the foregoing item 8 is true and correct. Date: October 16, 2023 Gregory J. Kohler, Deputy District Attorney (TYPE OR PRINT NAME) Page 3 013 CIV-100 (Rev. January 1, 2023) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default)