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CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 230475 FOR COURT USE ONLY
NAME: Rodolfo Gaba, Jr.
FIRM NAME: GABA GUERRINI LAW CORPORATION
STREET ADDRESS: 8583 Irvine Center Drive • Suite 500
CITY: Irvine STATE: CA ZIP CODE: 92618
TELEPHONE NO.: 888-391-1228 Phone FAX NO.:949-207-7108 Facsimile E-FILED
E-MAIL ADDRESS: John.Guerrini@gglc.law 11/4/2020 9:57 AM
AMERICAN TIRE DISTRIBUTORS INC.
ATTORNEY FOR (name): Superior Court of California
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO County of Fresno
STREET ADDRESS: 1130 O STREET By: J. Martinez, Deputy
MAILING ADDRESS:
FRESNO, CA 93721
CITY AND ZIP CODE:
BRANCH NAME:FRESNO
Plaintiff/Petitioner: AMERICAN TIRE DISTRIBUTORS INC.
Defendant/Respondent: AGRI CENTER AUTO PARTS, INC. DBA MIDAS, PHILLIP
JAMES SORENSON CASE NUMBER:
REQUEST FOR Entry of Default Clerk's Judgment
(Application) X Court Judgment 20CECL01811
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): 02/24/2020
b. by (name): AMERICAN TIRE DISTRIBUTORS INC.
c. Enter default of defendant (names):
d. X I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant
(names): AGRI CENTER AUTO PARTS, INC. DBA MIDAS, PHILLIP JAMES SORENSON
(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) 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) X for default previously entered on (date):07/29/2020
2. Judgment to be entered. Amount Credits acknowledged Balance
a. Demand of complaint $ 8,072.06 $ $ 8,072.06
b. Statement of damages*
(1) Special $ 0.00 $ 0.00 $ 0.00
(2) General $ 0.00 $ 0.00 $ 0.00
c. Interest $ 1.408.92 $ 0.00 $ 1,408.92
d. Costs (see reverse) $ 380.00 $ 0.00 $ 380.00
e. Attorney fees $ 1,460.81 $ 0.00 $ 1,460.81
f. TOTALS $ 11,321.79 $ $ 11,321.79
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. (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the
reverse (complete item 4).
Date: November 4, 2020
Rodolfo Gaba, Jr. (230475)
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
FOR COURT (1) Default entered as requested on (date):
USE ONLY (2) Default NOT entered as requested (state reason):
Clerk, by , Deputy Page 1 of 2
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
Plaintiff/Petitioner: CASE NUMBER:
AMERICAN TIRE DISTRIBUTORS INC.
Defendant/Respondent: AGRI CENTER AUTO PARTS, INC. DBA MIDAS, 20CECL01811
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or
unlawful detainer assistant did X 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. X Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
a. is X is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
b. is X is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c. is X 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. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):
b. X 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): November 4, 2020 (2) To (specify names and addresses shown on the envelopes):
AGRI CENTER AUTO PARTS INC DBA MIDAS
PHILLIP JAMES SORENSON
1463 ESCALON AVE
1463 ESCALON AVE
FRESNO, CA 93711
FRESNO, CA 93711
I 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: November 4, 2020
Chantel Moreno
(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 .................... $ 225.00
b. Process server's fees ................. $ 155.00
c. Other (specify): $ 0.00
d. $ 0.00
e. TOTAL ............................. $ 380.00
f. 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 is true and correct.
Date: November 4, 2020
Rodolfo Gaba, Jr. (230475)
(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), or California Military and
Veterans Code sections 400 and 402(f).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 4, 2020
Rodolfo Gaba, Jr. (230475)
(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)
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CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 230475 FOR COURT USE ONLY NAME: Rodolfo Gaba, Jr. FIRM NAME: GABA GUERRINI LAW CORPORATION STREET ADDRESS: 8583 Irvine Center Drive • Suite 500 CITY: Irvine STATE: CA ZIP CODE: 92618 TELEPHONE NO.: 888-391-1228 Phone FAX NO.:949-207-7108 Facsimile E-FILED E-MAIL ADDRESS: John.Guerrini@gglc.law 11/4/2020 9:57 AM AMERICAN TIRE DISTRIBUTORS INC. ATTORNEY FOR (name): Superior Court of California SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO County of Fresno STREET ADDRESS: 1130 O STREET By: J. Martinez, Deputy MAILING ADDRESS: FRESNO, CA 93721 CITY AND ZIP CODE: BRANCH NAME:FRESNO Plaintiff/Petitioner: AMERICAN TIRE DISTRIBUTORS INC. Defendant/Respondent: AGRI CENTER AUTO PARTS, INC. DBA MIDAS, PHILLIP JAMES SORENSON CASE NUMBER: REQUEST FOR Entry of Default Clerk's Judgment (Application) X Court Judgment 20CECL01811 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): 02/24/2020 b. by (name): AMERICAN TIRE DISTRIBUTORS INC. c. Enter default of defendant (names): d. X I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): AGRI CENTER AUTO PARTS, INC. DBA MIDAS, PHILLIP JAMES SORENSON (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) 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) X for default previously entered on (date):07/29/2020 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint $ 8,072.06 $ $ 8,072.06 b. Statement of damages* (1) Special $ 0.00 $ 0.00 $ 0.00 (2) General $ 0.00 $ 0.00 $ 0.00 c. Interest $ 1.408.92 $ 0.00 $ 1,408.92 d. Costs (see reverse) $ 380.00 $ 0.00 $ 380.00 e. Attorney fees $ 1,460.81 $ 0.00 $ 1,460.81 f. TOTALS $ 11,321.79 $ $ 11,321.79 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. (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: November 4, 2020 Rodolfo Gaba, Jr. (230475) (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) Default entered as requested on (date): USE ONLY (2) Default NOT entered as requested (state reason): Clerk, by , Deputy Page 1 of 2 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 Plaintiff/Petitioner: CASE NUMBER: AMERICAN TIRE DISTRIBUTORS INC. Defendant/Respondent: AGRI CENTER AUTO PARTS, INC. DBA MIDAS, 20CECL01811 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant did X 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. X Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a. is X is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. is X is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is X 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. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. X 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): November 4, 2020 (2) To (specify names and addresses shown on the envelopes): AGRI CENTER AUTO PARTS INC DBA MIDAS PHILLIP JAMES SORENSON 1463 ESCALON AVE 1463 ESCALON AVE FRESNO, CA 93711 FRESNO, CA 93711 I 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: November 4, 2020 Chantel Moreno (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 .................... $ 225.00 b. Process server's fees ................. $ 155.00 c. Other (specify): $ 0.00 d. $ 0.00 e. TOTAL ............................. $ 380.00 f. 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 is true and correct. Date: November 4, 2020 Rodolfo Gaba, Jr. (230475) (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), or California Military and Veterans Code sections 400 and 402(f). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 4, 2020 Rodolfo Gaba, Jr. (230475) (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)