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Motion For Default Judgment Under LBR 7055-1 F 7055-1.2DEFAULT.JMT.MOTION - California
| Motion For Default Judgment Under LBR 7055-1 Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal . |
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Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Plaintiff(s) appearing without attorney Attorney for Plaintiff(s) UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION** In re: CASE NO.: ADVERSARY NO.: CHAPTER: SELECT CHAPTER Debtor(s). DIVISION MOTION FOR DEFAULT JUDGMENT UNDER LBR 7055-1 Plaintiff(s), vs. DATE: TIME: COURTROOM: PLACE: Defendant(s). TO THE DEFENDANT, DEFENDANT'S ATTORNEY AND OTHER INTERESTED PARTIES: 1. Name of Defendant(s) against whom default judgment is sought (specify name): _____________________________ _____________________________________________________________________________________________ 2. Plaintiff filed the complaint in the above-captioned proceeding on (specify date): 3. The Summons and Complaint were served on Defendant by on the following date (specify date): personal service mail service 4. A conformed copy of the completed return of summons form is attached hereto. 5. The time for filing an answer or other response expired on (specify date): This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 7055-1.2.DEFAULT.JMT.MOTION 6. No answer or other response has been filed or served by Defendant. 7. The default of Defendant: a. b. Has not yet been entered, but is hereby requested Was entered on (specify date): 8. A Status Conference: a. Is scheduled for (specify date, time, and place): ______________________________________ ____________________________________________________________________________ Was held on (specify date, time, and place): _________________________________________ ____________________________________________________________________________ b. 9. As proof that Plaintiff is entitled to the relief requested in the complaint, Plaintiff: a. b. (1) (2) (3) Relies on the complaint and documents attached thereto. Attaches the following documents to establish a prima facie case: Declaration of (specify): ____________________________________________________ Declaration of (specify): ____________________________________________________ Other (specify): ___________________________________________________________ 10. As further support for entry of a default judgment, Plaintiff submits a memorandum of points and authorities (optional). 11. DECLARATION OF NON-MILITARY STATUS: No defendant named in paragraph 1 above is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (Pub. L. 108-189) (50 U.S. Code App. ยงยง 501-594). The undersigned declares under penalty of perjury that this statement of defendant's non-military status is true and correct and is made under penalty of perjury under the laws of the United States based upon the undersigned's review of said Defendant's Statement of Affairs and Statement of Income and Expenditures filed in this case and is based upon the undersigned's lack of any information or belief that there has been any change of circumstances as to defendant's non-military status. 12. Defaulting party is not an infant or incompetent party. WHEREFORE, Plaintiff prays that this court enter a default judgment in favor of Plaintiff. A copy of the proposed default judgment is submitted herewith and has been served. Date: Respectfully submitted, Printed name of law firm Signature Name of attorney for Plaintiff or Plaintiff This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 2 F 7055-1.2.DEFAULT.JMT.MOTION PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: A true and correct copy of the foregoing document entitled: MOTION FOR DEFAULT JUDGMENT UNDER LBR 7055-1 will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached page 2. SERVED BY UNITED STATES MAIL: , I served the following persons and/or entities at the last known addresses in this bankruptcy On (date) case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) , I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Date Printed Name Signature This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 F 7055-1.2.DEFAULT.JMT.MOTION
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