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CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO:
FOR COURT USE ONLY
NAME: Nina M. Patane (SBN 157079)
FIRM NAME:PATANE GUMBERG AVILA, LLP
STREET ADDRESS:4 Rossi Circle, Suite 231
CITY:Salinas STATE:CA ZIP CODE:93901
TELEPHONE NO.:(831) 755-1461 (831) 755-1477
FAX NO.:
npatane@pglawfirm.com
E-MAIL ADDRESS:
Plaintiff
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey
STREET ADDRESS:1200 Aguajito Road
MAILING ADDRESS:
Monterey, CA 93940
CITY AND ZIP CODE:
BRANCH NAME: Monterey Branch
Robert T. Elliott
Plaintiff/Petitioner:
Defendant/Respondent: Mechanics Bank, et al.
CASE NUMBER:
REQUEST FOR x Entry of Default Clerk's Judgment
(Application) x Court Judgment 21CV003944
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): December 20, 2021
b. by (name): Robert T. Elliott
c. x Enter default of defendant (names):
Mechanics Bank, a California corporation, as the Successor-in-Interest to Rabobank, N.A., a California corporation; and
Rabobank, N.A., a California corporation
d. x I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant
(names): Mechanics Bank, a California corporation, as the Successor-in-Interest to Rabobank, N.A., a California corporation;
and Rabobank, N.A., a California corporation
(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) 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. (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the
reverse (complete item 4).
Date: March 25, 2022
Nina M. Patane
(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:Robert T. Elliott CASE NUMBER:
Defendant/Respondent: Mechanics Bank, et al. 21CV003944
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): March 25, 2022 (2) To (specify names and addresses shown on the envelopes):
See Attachment 6.b.(2) attached.
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: March 25, 2022
Christina Miccoli
(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 .................... $
b. Process server's fees ................. $
c. Other (specify): $
d. $
e. TOTAL ............................. $
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:
(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: March 25, 2022
Nina M. Patane
(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)
MC-025
CASE NUMBER:
SHORT TITLE:
Elliott v. Mechanics Bank, et al 21CV003944
ATTACHMENT (Number): 6.b.(2)
(This Attachment may be used with any Judicial Council form.)
Mechanics Bank, a California corporation, as the
Successor-in-Interest to Rabobank, N.A., a California corporation
ATTN: Glenn Shrader - Authorized Agent
c/o Matthew S. Kennedy, Esq.
Matthew S. Kennedy, A PLC
PO Box 1031
San Luis Obispo, CA 93406-1031
Rabobank, N.A., a California corporation
ATTN: Robin Thompson - Authorized Agent
915 Highland Point Drive #350
Roseville, CA 95678
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www.courtinfo.ca.gov
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form
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CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY NAME: Nina M. Patane (SBN 157079) FIRM NAME:PATANE GUMBERG AVILA, LLP STREET ADDRESS:4 Rossi Circle, Suite 231 CITY:Salinas STATE:CA ZIP CODE:93901 TELEPHONE NO.:(831) 755-1461 (831) 755-1477 FAX NO.: npatane@pglawfirm.com E-MAIL ADDRESS: Plaintiff ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey STREET ADDRESS:1200 Aguajito Road MAILING ADDRESS: Monterey, CA 93940 CITY AND ZIP CODE: BRANCH NAME: Monterey Branch Robert T. Elliott Plaintiff/Petitioner: Defendant/Respondent: Mechanics Bank, et al. CASE NUMBER: REQUEST FOR x Entry of Default Clerk's Judgment (Application) x Court Judgment 21CV003944 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): December 20, 2021 b. by (name): Robert T. Elliott c. x Enter default of defendant (names): Mechanics Bank, a California corporation, as the Successor-in-Interest to Rabobank, N.A., a California corporation; and Rabobank, N.A., a California corporation d. x I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): Mechanics Bank, a California corporation, as the Successor-in-Interest to Rabobank, N.A., a California corporation; and Rabobank, N.A., a California corporation (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) 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. (Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: March 25, 2022 Nina M. Patane (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:Robert T. Elliott CASE NUMBER: Defendant/Respondent: Mechanics Bank, et al. 21CV003944 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): March 25, 2022 (2) To (specify names and addresses shown on the envelopes): See Attachment 6.b.(2) attached. 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: March 25, 2022 Christina Miccoli (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 .................... $ b. Process server's fees ................. $ c. Other (specify): $ d. $ e. TOTAL ............................. $ 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: (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: March 25, 2022 Nina M. Patane (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) MC-025 CASE NUMBER: SHORT TITLE: Elliott v. Mechanics Bank, et al 21CV003944 ATTACHMENT (Number): 6.b.(2) (This Attachment may be used with any Judicial Council form.) Mechanics Bank, a California corporation, as the Successor-in-Interest to Rabobank, N.A., a California corporation ATTN: Glenn Shrader - Authorized Agent c/o Matthew S. Kennedy, Esq. Matthew S. Kennedy, A PLC PO Box 1031 San Luis Obispo, CA 93406-1031 Rabobank, N.A., a California corporation ATTN: Robin Thompson - Authorized Agent 915 Highland Point Drive #350 Roseville, CA 95678 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use www.courtinfo.ca.gov Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form