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Request For Entry Of Default (Application To Enter Default) CIV-100 - California

Request For Entry Of Default (Application To Enter Default) Form. This is a California form and can be used in Civil Judicial Council .
 Fillable pdf Last Modified 1/2/2007
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CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: REQUEST FOR (Application) Entry of Default Clerk's Judgment CASE NUMBER: Court Judgment TO THE CLERK: On the complaint or cross-complaint filed 1. a. on (date): b. by (name): c. d. Enter default of defendant (names): 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. 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): Balance Amount Credits acknowledged 2. Judgment to be entered. 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: $ (* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.) 3. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) per day beginning (date): (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). (1) (2) FOR COURT USE ONLY Form Adopted for Mandatory Use Judicial Council of California CIV-100 [Rev. January 1, 2007] Default entered as requested on (date): Default NOT entered as requested (state reason): Clerk, by , Deputy Page 1 of 2 Code of Civil Procedure, §§ 585­587, 1169 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) CIV-100 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: 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: b. Street address, city, and zip code: c. Telephone no.: d. County of registration: e. Registration no.: f. Expires on (date): 5. a. b. c. Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)). This action is is is is not is not is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). 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. b. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): 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: (2) To (specify names and addresses shown on the envelopes): (1) Mailed on (date): 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: (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. c. d. e. Process server's fees . . . . . . . . . . . . . . . . . $ Other (specify): . . . . . . . . . . . . . . . . . . . . . . . $ .................................... $ 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 so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.). 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) Civ-100 [Rev. January 1, 2007] (SIGNATURE OF DECLARANT) REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) Page 2 of 2
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