Preview
Cly-4
[ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO: ror couarussomy EVE! FD
Nave: Colleen M. Wahl, SBN 300046 2020-08-28 10:12 ‘ape
JRRM NAME: California Department of Transportation
STREET ADDRESS: 1120 N Street (MS 57)
lciry: Sacramento stat CA zip cope: 95814.
TELEPHONE NO: 916-654-2630 FAXNO: 916-654-6128 A ug
E-MAIL ADDRESS: Fi 2
ATTORNEY FOR (rane! Plaintiff State of Californta, Department of Transportation B mae 8 202
SUPERIOR GOURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN - DON . RILEY, CLE ——$———
‘street aboREss: 180 E, Weber Avenue Ri
MAILING ADDRESS: 180 E, Weber Avenue By.
ciryanozipcone: — Stockton, CA 95202
BRANCHNAME: Stockton Courthouse
Plaintiff/Petitioner: The People of the State of CA, a/bit Dept. of Transportation
Defandant/Respondent: Yasir Khanshall, et al.
REQUEST FOR [6c] Entry of Default [__] Clerk’s Judgment ae eER tg.
(Application) [-—] Gourt Judgment STI-CV-UED-2018-18942
Not for uss in actions under the Fair Debt Buylng Practices Act (Clv. Code, § 1788.50 et seq.) (see CiV-105)
1. TO THE CLERK: On the complaint o7/cross-complaint filed
a, on (date): December 2, 2019
b. by (name): The People of the State of CA, a/b/t Department of Transportation
ce. [¢] Enter default of dafencnt (names):
Omar Alburati
d. [J [request a court judgment under Code of Civil Procedure sections 685(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) [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.) .
[1 Include in the judgrnent all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Cade of Civil Procedure section
415.46,
~ (2) [7] under Code of Civil Procedure section 585(a). (Complete the declaretion under Code Clv. Proc., ‘9588. 5 on the
reverse (Item 5).)
(3) [1 for default previously entered on (date):
2, Judgment to be entered, Amount its ledger Balance
a, Demand of complaint ............5 $ $ . $
b, Statement of damages*
(1) Special . $ $
(2) General $ $
c, Interest ..... $ $
d. Costs (see reverse) $ $
@. Attorney fees... $ g
f. TOTALS ..., $ $
g. Dally 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. [5] (Check if fited in an unlavitul detainer case.) Legal document assistant or unlawful detalner assistant Information is en the
reverse (complate itam 4).
Date: Ai :
“ saa eee calloen M. Wahl > C. Uh hl,
(TYPE OR PRINT NAME) (SIGNATURE GF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
FoRcouRT (1). [_] Default entered as requested on (date): , 1 Hh ne
USE ONLY eet NOT entered as requested (stat
Clerk, by . Depuly Pago 1 of
Gada of Ghil Procedure, 86 585-547, 1169
wiew.courts.co.g0v
Form Adopted for Mendatary Use REQUEST FOR ENTRY OF RAND
‘Council of Californla
Tow encanto) ma C409 . (Appilcation to Enter Deft ON E. RILEYCiv-100
intiff/Petilioner: CASE NUMBER:
PiaintifffPetitioner: The People of the State of CA, a/b/t the Dept. of Transportation| STK.CV-UED-2019-16942
DefendanRespondent: Yasir Khanshali, et al.
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.}. A legal document assistant or
unlawtul detainer assistant [~ ] did [x] did not or compensation give advice or assistance with this form. If declarant has
received any help or advice for payfrom a legal document assistant or unlawful detainer assistant, state:
a, Assistant's nam: c. Telephone no.:
b. Street addres: d. County of registration:
e. Registration no.:
f, Expires on (date):
ity, and zip code:
5. [-_] Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
a. [J is [44] isnot ona contract or installment sale for goods or services subject to Civ. Code, § 1801 el seq. (Unruh Act).
b. [_] is [2X] isnot ona conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c. Oo is Ce. is nol on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6.- Declaration of mailing (Code Clv. Proc, § 587). A copy of this Request for Entry of Default was
--a, E/=]-not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):
s, postage prepaid, in a sealed envelope addressed to each defendant's attomey of record or, if none,
jant's last known address as follows:
( 1) Mailed ron (date): (2) To (specify names and addresses shown on the envelopes):
SEE ATTACHED PROOFS OF SERVICE
| 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.
Di ugust 28, 2020 ee k .
. ‘ ~ Stieleen'K. Haddad : > ken Adedboad
(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
Process server's fees
«.” Other fspecify):.
PARKA
Cc Costs ang disbursements ara waived.
lam the attorney, agent, ar 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.
e-poaos
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
: b
(TYPE OR PRINT NAME) * (SIGNATURE OF DECLARANT)
8. Declaration of nonmllitary 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()..
] dectare under penally of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
>
vie (TYPE OR PRINT NAME) {SIGNATURE OF DECLARANT)
C00 a, sry 1, 2020) REQUEST FOR ENTRY OF DEFAULT Page 2 of?
ps wot ‘” (Application to Enter Default). . ee
BRRRRBORR FS SEaerwrRGQ EER S
Oo 2 YD WP WwW HY
The People of the State of California v. Yasir Khanshali, et al.
“I San Joaqitin County Superior Court, Case No. STK-CV-UED-2019-15942
/ PROOF OF SERVICE
ce], the undersigned, say: [ am, and was at all times herein mentioned, a citizen of the United
“Statés arid employed in the County of Sacramento, State of California, over the age of 18 years and not
a patty to the within action or proceeding; that my business address is 1120 N Street, Sacramento,
California; that on the date below I enclosed a true copy of the attached: -
REQUEST FOR ENTRY OF DEFAULT
in a separate envelope for each of the persons named below, addressed as set forth immediately below
the respective names, as follows:
Omar Alburati Defendant
21850 East Liberty Road
Clements, CA 95227
L By Mail: I caused such envelope(s) to be deposited in the mail at my business address,
addressed to the addressee(s) designated. I am readily familiar with The State of California, Department
of Transportation, Legal Division’s practice for collection and processing of coirespondence and
pleadings for mailing. In the ordinary course of business at'the Department of Transportation, Legal
Division, mail is given the correct amount of postage and is deposited on that same day in a United
States Postal Service mailbox in the City of Sacramento, California.
Ky By Overnight Courier Service: I caused such envelope(s) to be delivered via overnight courier
service to the addréssee(s) designated.
C1 By Email: I caysed the documents to be sent to the persons at the electronic service addresses
listed above.
- California Rule of Court, Appendix 1, Emergency Related to COVID-19
Emergency rule 12. Electronic Service
. I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed at Sacramento, California, on August 28, 2020.
Sheleen K. Haddad
2
PROOF OF SERVICEoO OD wm BN Dh RW NY
The People of the State of California v. Yasir Khanshali, et al.
San Joaquin County Superior Court, Case No. STK~CV-UED-2019-15942
PROOF OF SERVICE
I, the undersigned, say: I am, and was at all times herein mentioned, a citizen of the United
States and employed in the County of Sacramento, State of California, over the age of 18 years and not
a party to the within action or proceeding; that my business address is 1120 N Street, Sacramento,
California; that on the date below I enclosed a true copy of the attached:
REQUEST FOR ENTRY OF DEFAULT
in a separate envelope for each of the persons named below, addressed as set forth immediately below
the respective names, as follows:
Paul N. Balestracci, Esq. Attorneys for Defendants
Michael R. Tener, Esq. Joseph H. Mehrten, Roger J, Mehrten, and
NEUMILLER & BEARDSLEE Daniel B. Mehrten
3121 W. March Lane, Suite 100
Stockton, CA 95219
T: (209) 948-8200
F: (209) 948-4910
Pbalestracci@neumiller.com
Mtener@neumiller.com
CJ By Mail: I caused such envelope(s) to be deposited in the mai! at my business address,
addressed to the addressee(s) designated. I am readily familiar with The State of California, Department
of Transportation, Legal Division’s practice for collection and processing of correspondence and
pleadings for mailing. In the ordinary course of business at the Department of Transportation, Legal
Division, mail is given the correct amount of postage and is deposited on that same day in a United
States Postal Service mailbox in the City of Sacramento, California.
(1 By Overnight Courier Service: I caused such envelope(s) to be delivered via overnight courier
service to the addressee(s) designated.
{] By Email: { caused the documents to be sent to the persons at the electronic service addresses
listed above.
California Rule of Court, Appendix 1, Emergency Related to COVID-19
Emergency rule 12. Electronic Service
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed at Sacramento, California, on August 28, 2020.
Drudaen |\O Medda d
Sheleen K. Haddad
1
PROOF OF SERVICE ~
Preview
Cly-4 [ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO: ror couarussomy EVE! FD Nave: Colleen M. Wahl, SBN 300046 2020-08-28 10:12 ‘ape JRRM NAME: California Department of Transportation STREET ADDRESS: 1120 N Street (MS 57) lciry: Sacramento stat CA zip cope: 95814. TELEPHONE NO: 916-654-2630 FAXNO: 916-654-6128 A ug E-MAIL ADDRESS: Fi 2 ATTORNEY FOR (rane! Plaintiff State of Californta, Department of Transportation B mae 8 202 SUPERIOR GOURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN - DON . RILEY, CLE ——$——— ‘street aboREss: 180 E, Weber Avenue Ri MAILING ADDRESS: 180 E, Weber Avenue By. ciryanozipcone: — Stockton, CA 95202 BRANCHNAME: Stockton Courthouse Plaintiff/Petitioner: The People of the State of CA, a/bit Dept. of Transportation Defandant/Respondent: Yasir Khanshall, et al. REQUEST FOR [6c] Entry of Default [__] Clerk’s Judgment ae eER tg. (Application) [-—] Gourt Judgment STI-CV-UED-2018-18942 Not for uss in actions under the Fair Debt Buylng Practices Act (Clv. Code, § 1788.50 et seq.) (see CiV-105) 1. TO THE CLERK: On the complaint o7/cross-complaint filed a, on (date): December 2, 2019 b. by (name): The People of the State of CA, a/b/t Department of Transportation ce. [¢] Enter default of dafencnt (names): Omar Alburati d. [J [request a court judgment under Code of Civil Procedure sections 685(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) [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.) . [1 Include in the judgrnent all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Cade of Civil Procedure section 415.46, ~ (2) [7] under Code of Civil Procedure section 585(a). (Complete the declaretion under Code Clv. Proc., ‘9588. 5 on the reverse (Item 5).) (3) [1 for default previously entered on (date): 2, Judgment to be entered, Amount its ledger Balance a, Demand of complaint ............5 $ $ . $ b, Statement of damages* (1) Special . $ $ (2) General $ $ c, Interest ..... $ $ d. Costs (see reverse) $ $ @. Attorney fees... $ g f. TOTALS ..., $ $ g. Dally 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. [5] (Check if fited in an unlavitul detainer case.) Legal document assistant or unlawful detalner assistant Information is en the reverse (complate itam 4). Date: Ai : “ saa eee calloen M. Wahl > C. Uh hl, (TYPE OR PRINT NAME) (SIGNATURE GF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FoRcouRT (1). [_] Default entered as requested on (date): , 1 Hh ne USE ONLY eet NOT entered as requested (stat Clerk, by . Depuly Pago 1 of Gada of Ghil Procedure, 86 585-547, 1169 wiew.courts.co.g0v Form Adopted for Mendatary Use REQUEST FOR ENTRY OF RAND ‘Council of Californla Tow encanto) ma C409 . (Appilcation to Enter Deft ON E. RILEYCiv-100 intiff/Petilioner: CASE NUMBER: PiaintifffPetitioner: The People of the State of CA, a/b/t the Dept. of Transportation| STK.CV-UED-2019-16942 DefendanRespondent: Yasir Khanshali, et al. 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.}. A legal document assistant or unlawtul detainer assistant [~ ] did [x] did not or compensation give advice or assistance with this form. If declarant has received any help or advice for payfrom a legal document assistant or unlawful detainer assistant, state: a, Assistant's nam: c. Telephone no.: b. Street addres: d. County of registration: e. Registration no.: f, Expires on (date): ity, and zip code: 5. [-_] Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action a. [J is [44] isnot ona contract or installment sale for goods or services subject to Civ. Code, § 1801 el seq. (Unruh Act). b. [_] is [2X] isnot ona conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. Oo is Ce. is nol on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6.- Declaration of mailing (Code Clv. Proc, § 587). A copy of this Request for Entry of Default was --a, E/=]-not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): s, postage prepaid, in a sealed envelope addressed to each defendant's attomey of record or, if none, jant's last known address as follows: ( 1) Mailed ron (date): (2) To (specify names and addresses shown on the envelopes): SEE ATTACHED PROOFS OF SERVICE | 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. Di ugust 28, 2020 ee k . . ‘ ~ Stieleen'K. Haddad : > ken Adedboad (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 Process server's fees «.” Other fspecify):. PARKA Cc Costs ang disbursements ara waived. lam the attorney, agent, ar 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. e-poaos | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: : b (TYPE OR PRINT NAME) * (SIGNATURE OF DECLARANT) 8. Declaration of nonmllitary 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().. ] dectare under penally of perjury under the laws of the State of California that the foregoing is true and correct. Date: > vie (TYPE OR PRINT NAME) {SIGNATURE OF DECLARANT) C00 a, sry 1, 2020) REQUEST FOR ENTRY OF DEFAULT Page 2 of? ps wot ‘” (Application to Enter Default). . ee BRRRRBORR FS SEaerwrRGQ EER S Oo 2 YD WP WwW HY The People of the State of California v. Yasir Khanshali, et al. “I San Joaqitin County Superior Court, Case No. STK-CV-UED-2019-15942 / PROOF OF SERVICE ce], the undersigned, say: [ am, and was at all times herein mentioned, a citizen of the United “Statés arid employed in the County of Sacramento, State of California, over the age of 18 years and not a patty to the within action or proceeding; that my business address is 1120 N Street, Sacramento, California; that on the date below I enclosed a true copy of the attached: - REQUEST FOR ENTRY OF DEFAULT in a separate envelope for each of the persons named below, addressed as set forth immediately below the respective names, as follows: Omar Alburati Defendant 21850 East Liberty Road Clements, CA 95227 L By Mail: I caused such envelope(s) to be deposited in the mail at my business address, addressed to the addressee(s) designated. I am readily familiar with The State of California, Department of Transportation, Legal Division’s practice for collection and processing of coirespondence and pleadings for mailing. In the ordinary course of business at'the Department of Transportation, Legal Division, mail is given the correct amount of postage and is deposited on that same day in a United States Postal Service mailbox in the City of Sacramento, California. Ky By Overnight Courier Service: I caused such envelope(s) to be delivered via overnight courier service to the addréssee(s) designated. C1 By Email: I caysed the documents to be sent to the persons at the electronic service addresses listed above. - California Rule of Court, Appendix 1, Emergency Related to COVID-19 Emergency rule 12. Electronic Service . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Sacramento, California, on August 28, 2020. Sheleen K. Haddad 2 PROOF OF SERVICEoO OD wm BN Dh RW NY The People of the State of California v. Yasir Khanshali, et al. San Joaquin County Superior Court, Case No. STK~CV-UED-2019-15942 PROOF OF SERVICE I, the undersigned, say: I am, and was at all times herein mentioned, a citizen of the United States and employed in the County of Sacramento, State of California, over the age of 18 years and not a party to the within action or proceeding; that my business address is 1120 N Street, Sacramento, California; that on the date below I enclosed a true copy of the attached: REQUEST FOR ENTRY OF DEFAULT in a separate envelope for each of the persons named below, addressed as set forth immediately below the respective names, as follows: Paul N. Balestracci, Esq. Attorneys for Defendants Michael R. Tener, Esq. Joseph H. Mehrten, Roger J, Mehrten, and NEUMILLER & BEARDSLEE Daniel B. Mehrten 3121 W. March Lane, Suite 100 Stockton, CA 95219 T: (209) 948-8200 F: (209) 948-4910 Pbalestracci@neumiller.com Mtener@neumiller.com CJ By Mail: I caused such envelope(s) to be deposited in the mai! at my business address, addressed to the addressee(s) designated. I am readily familiar with The State of California, Department of Transportation, Legal Division’s practice for collection and processing of correspondence and pleadings for mailing. In the ordinary course of business at the Department of Transportation, Legal Division, mail is given the correct amount of postage and is deposited on that same day in a United States Postal Service mailbox in the City of Sacramento, California. (1 By Overnight Courier Service: I caused such envelope(s) to be delivered via overnight courier service to the addressee(s) designated. {] By Email: { caused the documents to be sent to the persons at the electronic service addresses listed above. California Rule of Court, Appendix 1, Emergency Related to COVID-19 Emergency rule 12. Electronic Service I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Sacramento, California, on August 28, 2020. Drudaen |\O Medda d Sheleen K. Haddad 1 PROOF OF SERVICE ~