HomeMy WebLinkAbout20260109_Default Not Entered- Smith and Company_City v SmithELECTRONICALLY
FILED
1/9/2026 10:26 AM
x Default is premature based off proof
of service /s/Michael Powell
CiV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY:STATE BAR NO:FOR COURT USE ONLY
NAME:Matthew R.Silver,SBN 245528;Sean E.Morrissey,SBN 297371
FIRM Name:Nichcolas Garcés,SBN 273277 CIVICA LAW GROUP,APC
STREET ADDRESS:4000 Barranca Parkway,Ste 250,PMB #782
cry:Irvine STATE:CA ZIP CODE:92604
TELEPHONE NO.:(949)592-0165 FAXNO :(949)335-1701
E-MAIL ADDRESS:MSilver@CivicaLaw.com/SMorrissey@CivicaLaw.com Ban Luis Ghispo Superior Court
ATTORNEY FOR (name):Plaintiffs,People of the State of CA and City of San Luis Obispo
SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN LUIS OBISPO
STREET ADDRESS:1050 Monterey Street
By:MAILING ADDRESS::1050 Monterey Street
CITY AND ZIP CODE::San Luis Obispo,CA 93408 brielle Medina,Deputy Clerk
BRANCH NAME.:Civil Branch
Plaintiff/Petitioner:People,et al.
Defendant/Respondent:Laurel Creek,LP,et al.
CASE NUMBER:REQUEST FOR x Entry of Default Clerk's Judgment 25CV-0667
(Application)Court Judgment
Not for use in actions under the Fair Debt Buying Practices Act (Civ.Code,§1788.50 et seq.);(see form CIV-105)
1.TO THE CLERK:On the complaint or cross-complaint filed
a.on (date):October 16,2025
b.by (name):People of the State of California and City of San Luis Obispo
c.x Enter default of defendant (names):
Smith and Company,a Real Estate Investment Development Corporation,a California Corporation
d.|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.CO Enter clerk's judgment
(1)Co 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:01/09/26
Nicholas Garcés >
USE ONLY (2)Default NOT entered as requested (statg¢eason):
Clerk,by Deputy Page 1 of3
ATTORNEY FOR PLAINTIFF)(TYPE OR PRINT NAME)(SIGNATURE OF,
FORCOURT (1)Default entered as requested on (date
Form Adopted for Mandatory Use
Judicial Council of Califomia REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure,§§585-587,1169
www.courts.ca.gov
CIV-100 [Rev.January 1,2023](Application to Enter Default)
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
CIV-100 [Rev. January 1, 2023]Page 2 of 3
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:
Assistant's name:a.
Street address, city, and zip code:b.
Telephone no.:c.
County of registration: d.
Registration no.:e.
Expires on (date):f.
5. Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). a. is is not
b. on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
is notis
on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).c. is notis
not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney
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:
a. (names):
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
b.
Mailed on (date):(1) To (specify names and addresses shown on the envelopes):(2)
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.
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):
Clerk's filing fees . . . . . . . . . . . . . . . . . . . .a. $
Process server's fees . . . . . . . . . . . . . . . . .b. $
Other (specify):c. $
d. $
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . .e. $
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.
g.
7.
f. Costs and disbursements are waived.
I declare under penalty of perjury under the laws of the State of California that the foregoing item 7 is true and correct.
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
People, et al.
Laurel Creek, LP, et al.
25CV-0667
Smith and Company,a Real Estate Investment Development
Corporation, a California Corporation; 505 Bath St,
Santa Barbara, CA 93101
Jonathan Montano
〱⼰㤯㈶
⽳⼠䩯湡瑨慮⁍潮瑡湯
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
CIV-100 [Rev. January 1, 2023]Page 3 of 3
CASE NUMBER:Plaintiff/Petitioner:
Defendant/Respondent:
CIV-100
8.Declaration of nonmilitary status (required for a judgment).
No defendant/respondent named in item 1c is in the military service of the United States as defined by either the Servicemembers
Civil Relief Act (see 50 U.S.C. § 3911(2)) or California Military and Veterans Code sections 400 and 402(f).
a. the search results that I received from https://scra.dmdc.osd.mil/ say the defendant/respondent is not in the U.S. military
service.
b. I am in regular communication with the defendant/respondent and know that they are not in the U.S. military service.
c. I recently contacted the defendant/respondent, and they told me that they are not in the U.S. military service.
d. I know that the defendant/respondent was discharged from U.S. military service on or about (date):
e. the defendant/respondent is not eligible to serve in the U.S. military because they are:
incarcerated a business entity
f. other (specify):
I know that no defendant/respondent named in item 1c is in the U.S. military service because (check all that apply):
Note
• U.S. military status can be checked online at https://scra.dmdc.osd.mil/.
• If the defendant/respondent is in the military service, or their military status is unknown, the defendant/respondent
is entitled to certain rights and protections under federal and state law before a default judgment can be entered.
• For more information, see https://selfhelp.courts.ca.gov/military-defaults.
I declare under penalty of perjury under the laws of the State of California that the foregoing item 8 is true and correct.
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
25CV-0667
People, et al.
Laurel Creek, LP, et al.