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CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY
LAW OFFICES OF PATENAUDE & FELIX, A.P.C.
Electronically Filed
Raymond A. Patenaude (#128855) / Michael D. Kahn (#236898) / Stephanie J. Boone (#160182)
Adam Michael Rivera (#321236) / Angie Hong Hoar (#212152) 10/27/2020 12:13 PM
9619 Chesapeake Drive, Suite 300, San Diego, CA 92123
Superior Court of California
TELEPHONE NO.:(858) 244-7600 FAX NO.: (858) 836-0318
E-MAIL ADDRESS: Michael.Kahn@pandf.us
County of Stanislaus
ATTORNEY FOR (Name):PLAINTIFF Clerk of the Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS By: Angela Morales, Deputy
STREET ADDRESS: 801 10TH STREET, 4TH FLOOR
MAILING ADDRESS:801 10TH STREET, 4TH FLOOR
MODESTO CA 95353
CITY AND ZIP CODE:
BRANCH NAME: MODESTO DIVISION
Plaintiff/Petitioner:
SYNCHRONY BANK
Defendant/Respondent: EUBERTO NEWTON SR,
CASE NUMBER:
REQUEST FOR Entry of Default Clerk's Judgment
(Application) Court Judgment CV-19-006056
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): October 09, 2019
b. by (name): SYNCHRONY BANK
c. Enter default of defendant (names)
EUBERTO NEWTON SR,
d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names):
EUBERTO NEWTON SR,
(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, subtenant, named claimants, and other occupants of the premises.
The Prejudgment Claim of Right of 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):MAR 20 2020
2. Judgment to be entered. Amount Credits acknowledged Balance
a. Demand of complaint $ 2,145.98 $ 0.00 $ 2,145.98
b. Statement of damages* $ 0.00 $ 0.00 $ 0.00
(1) Special $ 0.00 $ 0.00 $ 0.00
(2) General $ 0.00 $ 0.00 $ 0.00
c. Interest $ 0.00 $ 0.00 $ 0.00
d. Costs (see reverse) $ 399.00 $ 0.00 $ 399.00
e Attorney fees $ 0.00 $ 0.00 $ 0.00
f. TOTALS $ 2,544.98 $ 0.00 $ 2,544.98
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 and unlawful detainer assistant information is on
the reverse (complete item 4).
Date: October 23, 2020
[ ] MICHAEL D. KAHN [ ] ADAM MICHAEL RIVERA
[ X] ANGIE HONG HOAR [ ] MATTHEW H. TESFAI
â–º
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
(1) Default entered as requested on (date):
FOR COURT REQUEST FOR COURT JUDGMENT
(2) Default NOT entered as requested (state reason):
USE ONLY
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.courtinfo.ca.gov
[Rev. January 1, 2020] (Application to Enter Default)
CA_40F Default by Court P&F File # 19-44573
CIV-100
CASE NUMBER:
Plaintiff/Petitioner:SYNCHRONY BANK
CV-19-006056
Defendant/Respondent: EUBERTO NEWTON SR,
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant
or unlawful detainer assistant 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. Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).
This action
a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
b. is is not on a conditional sales contract subject to Civ. Code, §2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c. is 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 plaintiffs attorney (names):
b. 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 27, 2020 (2) To (specify names and addresses shown on the envelopes):
EUBERTO NEWTON SR,
13010SHICKMAN ST SP13
WATERFORD, CA 95386-8776
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: October 27, 2020
[ ] MICHAEL D. KAHN [ ] ADAM MICHAEL RIVERA
[ X] ANGIE HONG HOAR [ ] MATTHEW H. TESFAI
â–º
(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 $ 85.00
c. Other (specify): e-Filing fees $ 89.00
d. $
e. TOTAL $ 399.00
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: October 23, 2020
[ ] MICHAEL D. KAHN [ ] ADAM MICHAEL RIVERA
[ X] ANGIE HONG HOAR [ ] MATTHEW H. TESFAI â–º
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
8. No defendant named in item 1c of the application is in the
Declaration of nonmilitary status (required for a judgment).
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: October 23, 2020
[ ] MICHAEL D. KAHN [ ] ADAM MICHAEL RIVERA
[ X] ANGIE HONG HOAR [ ] MATTHEW H. TESFAI
â–º
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
CIV-100 [Rev. January 1, 2020] Page 2 of 2
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
CA_40F Default by Court P&F File # 19-44573
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CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY LAW OFFICES OF PATENAUDE & FELIX, A.P.C. Electronically Filed Raymond A. Patenaude (#128855) / Michael D. Kahn (#236898) / Stephanie J. Boone (#160182) Adam Michael Rivera (#321236) / Angie Hong Hoar (#212152) 10/27/2020 12:13 PM 9619 Chesapeake Drive, Suite 300, San Diego, CA 92123 Superior Court of California TELEPHONE NO.:(858) 244-7600 FAX NO.: (858) 836-0318 E-MAIL ADDRESS: Michael.Kahn@pandf.us County of Stanislaus ATTORNEY FOR (Name):PLAINTIFF Clerk of the Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS By: Angela Morales, Deputy STREET ADDRESS: 801 10TH STREET, 4TH FLOOR MAILING ADDRESS:801 10TH STREET, 4TH FLOOR MODESTO CA 95353 CITY AND ZIP CODE: BRANCH NAME: MODESTO DIVISION Plaintiff/Petitioner: SYNCHRONY BANK Defendant/Respondent: EUBERTO NEWTON SR, CASE NUMBER: REQUEST FOR Entry of Default Clerk's Judgment (Application) Court Judgment CV-19-006056 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): October 09, 2019 b. by (name): SYNCHRONY BANK c. Enter default of defendant (names) EUBERTO NEWTON SR, d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): EUBERTO NEWTON SR, (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, subtenant, named claimants, and other occupants of the premises. The Prejudgment Claim of Right of 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):MAR 20 2020 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint $ 2,145.98 $ 0.00 $ 2,145.98 b. Statement of damages* $ 0.00 $ 0.00 $ 0.00 (1) Special $ 0.00 $ 0.00 $ 0.00 (2) General $ 0.00 $ 0.00 $ 0.00 c. Interest $ 0.00 $ 0.00 $ 0.00 d. Costs (see reverse) $ 399.00 $ 0.00 $ 399.00 e Attorney fees $ 0.00 $ 0.00 $ 0.00 f. TOTALS $ 2,544.98 $ 0.00 $ 2,544.98 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 and unlawful detainer assistant information is on the reverse (complete item 4). Date: October 23, 2020 [ ] MICHAEL D. KAHN [ ] ADAM MICHAEL RIVERA [ X] ANGIE HONG HOAR [ ] MATTHEW H. TESFAI ► (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (1) Default entered as requested on (date): FOR COURT REQUEST FOR COURT JUDGMENT (2) Default NOT entered as requested (state reason): USE ONLY 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.courtinfo.ca.gov [Rev. January 1, 2020] (Application to Enter Default) CA_40F Default by Court P&F File # 19-44573 CIV-100 CASE NUMBER: Plaintiff/Petitioner:SYNCHRONY BANK CV-19-006056 Defendant/Respondent: EUBERTO NEWTON SR, 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant 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. Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)). This action a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. is is not on a conditional sales contract subject to Civ. Code, §2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is 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 plaintiffs attorney (names): b. 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 27, 2020 (2) To (specify names and addresses shown on the envelopes): EUBERTO NEWTON SR, 13010SHICKMAN ST SP13 WATERFORD, CA 95386-8776 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: October 27, 2020 [ ] MICHAEL D. KAHN [ ] ADAM MICHAEL RIVERA [ X] ANGIE HONG HOAR [ ] MATTHEW H. TESFAI ► (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 $ 85.00 c. Other (specify): e-Filing fees $ 89.00 d. $ e. TOTAL $ 399.00 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: October 23, 2020 [ ] MICHAEL D. KAHN [ ] ADAM MICHAEL RIVERA [ X] ANGIE HONG HOAR [ ] MATTHEW H. TESFAI ► (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. No defendant named in item 1c of the application is in the Declaration of nonmilitary status (required for a judgment). 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: October 23, 2020 [ ] MICHAEL D. KAHN [ ] ADAM MICHAEL RIVERA [ X] ANGIE HONG HOAR [ ] MATTHEW H. TESFAI ► (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) CIV-100 [Rev. January 1, 2020] Page 2 of 2 REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) CA_40F Default by Court P&F File # 19-44573