Page 1 Reviewed By. L Del Mundo
on 6/1/2020 1 2:4 PM
EnV #ATTORNEY OR PARTY WITHOUT ATTORNEY
_
Joseph G.
McGumness (SBN 115983)
& Associates
McGuinness
3858 Carson
Torrance,
Street, Suite
CA
TELEPHONE Mo:
E.MAIL ADDRESS (cplianau:
ATTORNEY FOR (Name):
F|
10-792-
FAX Non
6/1 l
joe@mcguinnesslawgroup.com
Plaintiff, Johnson Controls Security Solutions
Clerk of
MAILING ADDRESS:
AND ZIP CODE:
San Jose,
BRANCH NAME:
DTS
PLAINTIFF/PETITIONER:
E
(Application)
TO THE CLERK: On
a.
b‘
a1.
|
CASE NUMBER:
c| er k' sJu d gment
19CV
Court Judgment
6,
JOHNSON CONTROLS SECURITY SOLUTIONS
by (name);
Enter default of defendant (names):
c.
D
E ntryof D efaut
the complaint or cross-complaint filed
December
on (date):
Mvu
Johnson Controls Security Solutions
Tesla, lnc., et
REQUEST FOR
1QCV
951
By-
Plaintiff,
DEFENDANT/RESPONDENT:
1.
CA
The Court
Superior Court of CA
County of Santa Clara
N Flrst Street
-
STREET ADDRESS:
LED
(Optional):
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara
CITY
Clv_1 0°
FOR COURT USE ONLY
(Name, Stale Bar number, and addless):
fka
TESLA, lNC. dba Tesia
TYCO INTECRATED SECURITY, a De!aware corporation,
Meters, lnc. dba SOLARCITY COMPANY, a Califomia
corporation
d.
E
E D
|
request a court judgment under
(Tesh’mony required. Apply
Code
lo the clerk
of Civil Procedure sections 585(b), 585(0), 989, etc., against defendant (names):
fora hearing dale, unless [he court
will
enter a judgment on an
affidavi!
under Code
Civ. Proc.,
e,
§ 585(d).)
Enter clerk's judgment
premises only and issue a writ of execution on the judgment.
1174(0) does not apply. (Code Civ. Proc.. § 1169.)
for restitution of the
1)
E
D
(2)
(3)
2.
415.46.
under Code of
Civil
Procedure section 585(a). (Complete the declaration under Code
Civ. Proc.,
Amount
Credits
acknowledqed
Balance
$
$
$
(1)Specia|
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
f.
Attorneyfees........i ..........
TOTALS .................
$
$
g.
Daily
e.
(“
Date;
damages were demanded
in
complaint at the rate
Personal injury or wrongful death actions, Code
D
(Check
if
filed
in
Civ. Proc.
of.
$
per day beginning (date):
$
§ 425.
)
an unlawful detainer case) Legal document assi
the reverse (complete item
June l,
nt or unlawful detainer assistant inprmation
Default
is
on
4).
Joseph G. McGuinness
(WPE 0R PRINT NAME)
(2)
§ 585.5 on the
reverse (item 5) )
for default previously entered on (date).
(2)Genera|............,..+....
Interest .......................
Costs (see reverse) ..............
d.
of Civil Procedure section
Include in the judgment all tenants, subtenants. named claimants, and other occupants ofthe premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
Judgment to be entered_
Demand of complaint ............
a.
b.
Statement of damages "
c.
3.
E
Code
runégipuxmyfir
NOT entered
as requested (state reason):
FOR COURT
USE ONLY
dWY
FOR
PLAINTIFF)
#6b2 mUSt matCh the complamt
Clerk, by
MVU
.
Deputy
Page
Fon_'n_Adopted (or Maqdatqry
Judicial Councxl ofCalIfornla
CIv-1oo [Rev Janumy
1.
Use
REquEST FOR ENTRY 0F DEFAULT
_
_
(Application to Enter Default)
Code
of
ofCivil Procedure.
585—587. ww5v§coumnrn ca govPage 2 CIV-1 PLAINTIFF/PETITIONER:
"'
4.
Plaintiff,
DEFENDANT/RESPONDENT;
CASE NuMBER:
Johnson Controls Seourity Solutions
Tesla, 1nc., et
19CV
al.
Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.).
E
A
legal
document
assistant
not
for compensation give advice or assistance with this form.
(If declarant has received any help or advice forpay from a legal document assistant or unlawal detainer assistant, state):
or unlawful detainer assistant
a.
Assistant‘s name:
b.
Street address.
city,
and
Declaration under
5.
a
D
E
D
did
did
zip code:
Code
c.
Telephone
d,
County
e.
Registration no.:
f.
Expires on (date):
no.:
of registration;
of Civil Procedure Section 585.5 (required for entry ofdefault under
Code
Civ.
Proa, § 585(3)).
This action
a.
b.
c
6.
is
not
on a contract or installment sale
is
is
not
on a conditional sales contract subject
and Finance Act).
is
is
not
on an obligation
for
not mailed
mailed
b.
to the following defendants.
first—class.
each defendant's
postage prepaid.
last
for
to Civ.
in
A copy
whose addresses
are
unknown
Civ. Proc.. § 395(b).
or.
if
none, to
follows:
(2)
To
(specify
names and addresses shown on
the envelopes):
Associate General Counsel, Legal
|
Ave, Fremont
going items
declare under penalty of perjury under the laws of the State of California tha
June
Code
a sealed envelope addressed to each defendant's attorney of record
known address as
Tesla, Inc, 901 Page
Date:
to
to plaintiff or plaintiff‘s attorney (names):
Dan Fingerman
I
Code, § 1801 et seq. (Unruh Act).
(Rees—Levering Motor Vehicle Sales
to Civ.
et seq.
Request for Entry of Default was
of this
Mailed on (date): 6/1/
(1)
Code, §
goods. services. loans. orextensions of credit subject
Declaration of mailing (Code Civ. Proc., § 587).
a.
goods or services subject
is
4, 5,
CA
and 6 are
true
and correct.\
1,
Joseph G. McGuinness
(TYPE
0R PRINT NAME)
l
7.
Memorandum
CostWflsbursements
of costs (required ifmoneyjudgment requested).
are as follows (Code Civ. Proc.,
§ 1033.5):
....................
a.
Clerk‘s
b
Process server‘s fees
c
Other
d
e
(07"
filing
fees
$
.......................
$
..............................
fdfiu'.
.........................
$
D
|
am
(Specify)!
.
$
Costs and disbursements are waived.
the attorney. agent, or party
correct and these costs
|
$
.................
who
claims these costs.
were necessarily incurred
in this
To
the best of
my knowledge and
beliefthis
memorandum
ofcosts
is
case.
declare under penalty of perjury under the laws ofthe State of California that the foregoing
is
true
and
correct.
Date:
D
(TYPE
8.
(SIGNATURE OF DECLARANT)
OR PRINT NAME)
Declaration of nonmilitary status (required for a judgment). No defendant
military service
so as to be entitled
to the
benefits of the Servicemembers
named
Civil Relief
in
item 1c of the application
Act (50 U_S.C. App. §
.
|
declare under penalty of perjury under the laws ofthe State of California
Date:
June
l,
regoing
t
is
is in
et seq.).
the
P
true a d correct.
Joseph G. McGuinness
(TYPE
Civ—100 [Rev January
1.
2007]
0R PRINT NAME)
REQUEST FOR ENTRY
DEFAULT
(Application to Enter Default)
Page
ol’Page 3 PROOF OF SERVICE
STATE OF CALIFORNIA - COUNTY OF LOS ANGELES
I am employed in the County 0f Los Angeles, State 0f California. I am over the age 0f
eighteen and not a party to the Within action.
business address is McGuinness
Associates, 3858 Carson Street, Suite 301, Torrance, California 90503.
&
My
On the
service date
below
I
served the document described
as:
REQUEST FOR ENTRY OF DEFAULT
0n the
interested parties t0 this action addressed as follows:
Dan Fingerman
Associate General Counsel, Legal
Tesla, Inc.
901 Page Avenue
Fremont, CA
By
facsimile machine
(FAX) by personally
transmitting a true copy thereof Via an
electronic facsimile machine.
XX By first class mail by depositing a sealed envelope in the United States Mail at Torrance,
California, With postage fully prepaid.
Via Courier by depositing
in a sealed envelope
and delivering
t0 the courier, With all
charges fully prepaid.
overnight delivery by depositing such envelope 1n a box 0r other facility regularly
maintained by an express service carrier, 0r delivered it to an authorized courier or driver
authorized by the express service carrier t0 receive documents, in an envelope or
package designated by the express service carrier With delivery fees paid 0r provided for
By
at
By personal
in
Torrance, California.
service,
by personally delivering a
true
copy thereof t
,California.
XX
I declare under penalty of perjury under the laws 0f the State 0f California and the
United States of America that the foregoing is true and correct and that this declaration
was executed 0n June 1, 2020, at Torrance, California.
VJWW
Kathleen Overleese
PROOF OF SERVICE
PDF Page 1
PlainSite Cover Page
PDF Page 2
Reviewed By. L Del Mundo
on 6/1/2020 1 2:4 PM
EnV #4398402
ATTORNEY OR PARTY WITHOUT ATTORNEY
_
Joseph G.
McGumness (SBN 115983)
& Associates
McGuinness
3858 Carson
Torrance,
Street, Suite
301
CA 90503
3
TELEPHONE Mo:
E.MAIL ADDRESS (cplianau:
ATTORNEY FOR (Name):
F|
10-792-0495
FAX Non
6/1 l2020
joe@mcguinnesslawgroup.com
Plaintiff, Johnson Controls Security Solutions
Clerk of
191
MAILING ADDRESS:
AND ZIP CODE:
San Jose,
BRANCH NAME:
DTS
PLAINTIFF/PETITIONER:
E
(Application)
TO THE CLERK: On
a.
b‘
a1.
|
CASE NUMBER:
c| er k' sJu d gment
19CV359800
Court Judgment
6,
2019
JOHNSON CONTROLS SECURITY SOLUTIONS
by (name);
Enter default of defendant (names):
c.
D
E ntryof D efaut
the complaint or cross-complaint filed
December
on (date):
Mvu
Johnson Controls Security Solutions
Tesla, lnc., et
REQUEST FOR
1QCV359800
951 13
By-
Plaintiff,
DEFENDANT/RESPONDENT:
1.
CA
The Court
Superior Court of CA
County of Santa Clara
N Flrst Street
-
STREET ADDRESS:
LED
(Optional):
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara
CITY
Clv_1 0°
FOR COURT USE ONLY
(Name, Stale Bar number, and addless):
fka
TESLA, lNC. dba Tesia
TYCO INTECRATED SECURITY, a De!aware corporation,
Meters, lnc. dba SOLARCITY COMPANY, a Califomia
corporation
d.
E
E D
|
request a court judgment under
(Tesh’mony required. Apply
Code
lo the clerk
of Civil Procedure sections 585(b), 585(0), 989, etc., against defendant (names):
fora hearing dale, unless [he court
will
enter a judgment on an
affidavi!
under Code
Civ. Proc.,
e,
§ 585(d).)
Enter clerk's judgment
premises only and issue a writ of execution on the judgment.
1174(0) does not apply. (Code Civ. Proc.. § 1169.)
for restitution of the
1)
E
D
(2)
(3)
2.
415.46.
under Code of
Civil
Procedure section 585(a). (Complete the declaration under Code
Civ. Proc.,
Amount
Credits
acknowledqed
Balance
$
$
$
(1)Specia|
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
f.
Attorneyfees........i ..........
TOTALS .................
$
$
g.
Daily
e.
(“
Date;
damages were demanded
in
complaint at the rate
Personal injury or wrongful death actions, Code
D
(Check
if
filed
in
Civ. Proc.
of.
$
per day beginning (date):
$
§ 425. 11
)
an unlawful detainer case) Legal document assi
the reverse (complete item
June l, 2020
nt or unlawful detainer assistant inprmation
Default
is
on
4).
Joseph G. McGuinness
(WPE 0R PRINT NAME)
(2)
§ 585.5 on the
reverse (item 5) )
for default previously entered on (date).
(2)Genera|............,..+....
Interest .......................
Costs (see reverse) ..............
d.
of Civil Procedure section
Include in the judgment all tenants, subtenants. named claimants, and other occupants ofthe premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
Judgment to be entered_
Demand of complaint ............
a.
b.
Statement of damages "
c.
3.
E
Code
runégipuxmyfir
NOT entered
as requested (state reason):
FOR COURT
USE ONLY
dWY
FOR
PLAINTIFF)
#6b2 mUSt matCh the complamt
Clerk, by
MVU
.
Deputy
Page
Fon_'n_Adopted (or Maqdatqry
Judicial Councxl ofCalIfornla
CIv-1oo [Rev Janumy
1.
Use
20071
REquEST FOR ENTRY 0F DEFAULT
_
_
(Application to Enter Default)
Code
1
of 2
ofCivil Procedure.
585—587. 1169
ww5v§coumnrn ca gov
PDF Page 3
CIV-1 00
PLAINTIFF/PETITIONER:
"'
4.
Plaintiff,
DEFENDANT/RESPONDENT;
CASE NuMBER:
Johnson Controls Seourity Solutions
Tesla, 1nc., et
19CV359800
al.
Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.).
E
A
legal
document
assistant
not
for compensation give advice or assistance with this form.
(If declarant has received any help or advice forpay from a legal document assistant or unlawal detainer assistant, state):
or unlawful detainer assistant
a.
Assistant‘s name:
b.
Street address.
city,
and
Declaration under
5.
a
D
E
D
did
did
zip code:
Code
c.
Telephone
d,
County
e.
Registration no.:
f.
Expires on (date):
no.:
of registration;
of Civil Procedure Section 585.5 (required for entry ofdefault under
Code
Civ.
Proa, § 585(3)).
This action
a.
b.
c
6.
is
not
on a contract or installment sale
is
is
not
on a conditional sales contract subject
and Finance Act).
is
is
not
on an obligation
for
not mailed
mailed
b.
to the following defendants.
first—class.
each defendant's
postage prepaid.
last
for
to Civ.
in
A copy
whose addresses
are
unknown
Civ. Proc.. § 395(b).
or.
if
none, to
follows:
(2)
To
(specify
names and addresses shown on
the envelopes):
Associate General Counsel, Legal
|
Ave, Fremont
going items
declare under penalty of perjury under the laws of the State of California tha
June
Code
a sealed envelope addressed to each defendant's attorney of record
known address as
Tesla, Inc, 901 Page
Date:
to
to plaintiff or plaintiff‘s attorney (names):
Dan Fingerman
I
Code, § 1801 et seq. (Unruh Act).
(Rees—Levering Motor Vehicle Sales
to Civ.
et seq.
Request for Entry of Default was
of this
Mailed on (date): 6/1/2020
(1)
Code, § 2981
goods. services. loans. orextensions of credit subject
Declaration of mailing (Code Civ. Proc., § 587).
a.
goods or services subject
is
4, 5,
CA
94538
and 6 are
true
and correct.\
2020
1,
Joseph G. McGuinness
(TYPE
0R PRINT NAME)
l
7.
Memorandum
CostWflsbursements
of costs (required ifmoneyjudgment requested).
are as follows (Code Civ. Proc.,
§ 1033.5):
....................
a.
Clerk‘s
b
Process server‘s fees
c
Other
d
e
(07"
filing
fees
$
.......................
$
..............................
fdfiu'.
.........................
$
D
|
am
(Specify)!
.
$
Costs and disbursements are waived.
the attorney. agent, or party
correct and these costs
|
$
.................
who
claims these costs.
were necessarily incurred
in this
To
the best of
my knowledge and
beliefthis
memorandum
ofcosts
is
case.
declare under penalty of perjury under the laws ofthe State of California that the foregoing
is
true
and
correct.
Date:
D
(TYPE
8.
(SIGNATURE OF DECLARANT)
OR PRINT NAME)
Declaration of nonmilitary status (required for a judgment). No defendant
military service
so as to be entitled
to the
benefits of the Servicemembers
named
Civil Relief
in
item 1c of the application
Act (50 U_S.C. App. § 501
.
|
declare under penalty of perjury under the laws ofthe State of California
Date:
June
l,
regoing
t
is
is in
et seq.).
the
P
true a d correct.
2020
Joseph G. McGuinness
(TYPE
Civ—100 [Rev January
1.
2007]
0R PRINT NAME)
REQUEST FOR ENTRY
DEFAULT
(Application to Enter Default)
Page 2
ol’2
PDF Page 4
PROOF OF SERVICE
STATE OF CALIFORNIA - COUNTY OF LOS ANGELES
I am employed in the County 0f Los Angeles, State 0f California. I am over the age 0f
eighteen and not a party to the Within action.
business address is McGuinness
Associates, 3858 Carson Street, Suite 301, Torrance, California 90503.
&
My
On the
service date
below
I
served the document described
as:
REQUEST FOR ENTRY OF DEFAULT
0n the
interested parties t0 this action addressed as follows:
Dan Fingerman
Associate General Counsel, Legal
Tesla, Inc.
10
901 Page Avenue
Fremont, CA 94538
11
By
13
facsimile machine
(FAX) by personally
transmitting a true copy thereof Via an
electronic facsimile machine.
12
XX By first class mail by depositing a sealed envelope in the United States Mail at Torrance,
California, With postage fully prepaid.
14
Via Courier by depositing
in a sealed envelope
and delivering
t0 the courier, With all
15
charges fully prepaid.
16
overnight delivery by depositing such envelope 1n a box 0r other facility regularly
maintained by an express service carrier, 0r delivered it to an authorized courier or driver
authorized by the express service carrier t0 receive documents, in an envelope or
package designated by the express service carrier With delivery fees paid 0r provided for
By
17
18
at
19
By personal
in
Torrance, California.
service,
by personally delivering a
true
copy thereof t0
,California.
20
XX
21
22
23
I declare under penalty of perjury under the laws 0f the State 0f California and the
United States of America that the foregoing is true and correct and that this declaration
was executed 0n June 1, 2020, at Torrance, California.
VJWW
Kathleen Overleese
24
25
26
27
28
PROOF OF SERVICE