Current Power Electric, Inc. v. SolarCity Engineering, Inc. Document 17: Judgment Default

Superior Court of California, County of Santa Clara
Case No. 19CV350566
Filed June 30, 2020

$3,883.70 (Eserved 6/30/2020)

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Page 1 FOR COURT USE ONLY
Filed
June 5, Clerk of the Court
Superior Court of CA
County of Santa Clara
19CVBy: SAlvarez
,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS:
MAILING ADDRESS:
CITY
AND
ZIP
191 North First Sires!
CODE
San José,
Caiifomia
BRANCH NAME:
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CASE “UMBER: [Ck
ORDER REJECTING APPLICATION
FOR DEFAULT JUDGMENT
NOTICE: The Court
1.
D
No
is
REJECTING
default has
CV 35’0 5 (
DEPARTMENH:
your request for entry of defaultjudgment forthe following reasons:
been entered against the defendant
(s)
against
whom
you are seeking a default
judgment.
D
You
evidence that you served a statement of damages before the default was
statement of damages must be served before entry 0f default in wrongful death and
personal injury cases and En any case where punitive damages are being pursued. The
statement of damages must be served in the same manner as the summons and complaint.
did not provide
A
entered.
The
default is void absent a properly served statement of damages.
Cal.App.3d 1343; Code of Civ. Proc. 425.11.)
If
(Hamm
v.
Elkin (1987)
you have properly served a statement of damages, please file the statement of
service of the statement of damages.
(See Judicial
damages and proof of
Council Form ClV-050.)
If
you have not yet served a statement 0f damages in cases where required (personal
punitive damages), your default is void. You must serve the statement of
Injury.
damages and
file another request for entry of default.
D
Your complaint does not specify the amount of damages or other remedies you seek, and
the complaint is not based on personal injury, wrongful death, or seek punitive damages.
You must file an amended complaint to specify your damages, properly serve summons
and complaint again, and after waiting the required period, file another Request for Entry
of Default. You cannot correct this defect by sewing a statement of damages.
D
You
D
On your Request for Entry of Court Judgment. please be sure
Judgment." Also:
.0'
did not submit a completed Request for Entry of Court Judgment (Judicial Council
CIV-100). Please file and serve the Request for Entry of Court Judgment.
DD
FiH in the amount ofjudgment sought. (2 a-g of form CIV—1 00)
The damages sought in 2.a. and 2b. cannot exceed the amount
to
Form
check the box “Court
stated
1n
the complaint
andlor statement of damages.
The
If
DUDE
interest
sought
may
not
seeking attorneys fees.
Credits or
fill
exceed the amount stated
in the amount sought
payments are required
to
in
the complaint.
be shown under credits acknowledged.
Enter the details 0f the costs you are claiming both under 2.d. and paragraph
cv-5097 01/01/
ORDER REJECTING APPLICATION
FOR DEFAULT JUDGMENT
7.
P3991 0f4
Page 2 CASE NAME:
CASE NUMBER:
Ct/HQNEQQUJQIEEVQ‘AQ
6.
V&Jmflj Efiwadfi
'You did not comply with California Rule of Court 3.1800. Please
D
a.
You
You
E]
You
0f the
case
file
and serve
all
of the following.
identifying the parties
and nature
did not submit declarations or other admissible evidence 1n support of the
requested, 3,1800 (a)
gap,
(2)
#27”
did not submit interest calculations.
detailing
of
claims. 3.1800 (a) (1)
plaintiff's
E
summary
did not submit a brief
C—nggéfio
[Ci
how you
3.
MOW
(a) (3).
judgment
.
You must submit a
declaration
calculated interest.
You
did not submit a
You
did not
You
did not submit a
memorandum
check the
of costs and disbursements. 3.1800 (a) (4)
affidavit of military service.
Form Civ-100 3.
(a) (5)
DDDD
90:“.
You
did
proposed form ofjudgment. 3.
not dismiss the parties against
defendants must also be dismissed.
specified parties under
Code
[f
whom
h.
i.
j.
D
D
m
of Civil Procedure
(a) (8).
did not submit
any
exhibits to support your claims. 3.1800 (a) (8)
You
did not submit
any
authority or evidence to support your claim for attorney fees.
You
failed to follow
the Court’s schedule of reasonable attorney fees.
A
(Civil
Local Form CV-
excess of the schedule must be made by application and
counsel must address the 8 factoSs set forth in Local Form CV-5021.
5021.)
claim for a fee
0L?
The complaint does
A
579 (judgment against one, trial against
showing of grounds for each judgment
You
e
g
D
D
you are not seeking judgment. Doe
you are seeking a separate judgment against
others) submit an application supported by a
3.
(a) (6)
in
hag Lb
not state a valid cause 0f action.
non-defaulting co-defendant has raised a defense that would absolve the defaulting defendant.
obtain a judgment against the non-defaulting defendant before proceeding t0 seek
You must
default judgment.
The type
10.
EDD
The
or
amount
of
damages sought exceed
declaration submitted
the [imitations established
in
the complaint.
does not show the declarant has personal knowledge.
11.
If you are retying 0n the business records exception to prove the amount owed, you must attach
the relevant documents to a declaration from the appropriate custodian of records.
12.
The evidence does
You
13.
not support the
amount
or type of relief requested
in
the judgment.
did not calculate the interest or court costs correctly.
DUDE
14.
There
15.
The Court
is
insufficient
proof of a contractual or statutory basis for attomey’s fees
requires live testimony
required documentation at least
CV-5097
action. Apply for a “prove-up” hearing date.
before
the hearing date.
days
in this
ORDER REJECTING APPLICATION
FOR DEFAULT JUDGMENT
File
Page 2 of
all
Page 3 CASE NAM E:
CASE NUMBER:
CW/‘4'J(?OWW
"C
\mfly Ehfi‘r'iéjj
.52“
OJ 330 géné
Special Actions lnvolvinq MotorVehicles
16.
a.
D
You are seeking a deficiencyjudgment but you did not submit proofthat the ”Notice of
Intent to Sell" complied with Civil Code Section 2983.2 and that the sale was conducted
in
a commercially reasonable manner.
b.
D
c.
D
Except in lease cases.
is inappropriate
and possession ofthe vehicle.
it
CFaims
Code
Please submit
for
a.
to
award both contract damages
excess depreciation require proof that the car was sold
in
compliance with
Civil
2989.2.
all
of the missing information.
D
There
is
insufficient proof of the defendant's
declaration of a person with personal
Specie! Actions Involvinq
a.
19.
judgment
Special Actions involvinq Subroqation Claims
17.
18.
for the
D
liability
knowledge
for the accident.
You must submit a
of the accident.
Bad Check Cases
You must submit the original checks and a copy of the notice required by Civil Code that was sent t0 the defendant.
In cases involving stop payment, a copy of the certified
mail receipt is required. Please submit the missing information.
Special Actions lnvolvinq Credit/Auto/Retail Installment
a.
D
Your lawsuit is based 0n either a retail installment Contract subject to the Unruh Act, or a
financed auto subject to Rees—Levering, or on a loan or extension of credit for personal or
household use. Accordingly, the complaint must be verified and show that venue is proper.
is not verified and/or does not show that venue is proper. You must amend
your complaint t0 correct these defects. and property serve summons and complaint again,
and wait the appropriate time period before seeking another default.
Your complaint
b.
20.
D
You
did not submit the credit card statement and application 0r other documentation
evidencing the debtor’s agreement to the debt. Please submit the missing information.
Specie! Actions [nvolvinq an Assfqned Debt: Fair Debt Buvinq Practices Act (Civ.
m
a.
D
Code 1788.
et
You are a debt buyer as defined in the Civil Code. Your complaint does not include all
allegations required by Civil Code 1788 58 (See Judicial Form CIV- 105, section 4.) You
must amend your complaint to correct these defects, serve summons again on the
amended complaint, and wait the appropriate time period before seeking another
default.
You
did not submit the completed Mandatory Judicial Council Form CIV-105 form for
Request for Entry of Default for cases governed by the Fair Debt Buying Practices Act.
Please file and serve the Request for Entry of Default Judgment using the proper
form.
You have
not submitted the documentation required by Civil Code section 1788.60 for entry
judgment (to include evidence sufficient to prove the facts required by Civi! Code
1788.58). (See Judicial Form CIV—105. section 5.) Please submit the missing
of default
information.
CV‘5097 01/01/
ORDER REJECTING APPLICATION
FOR DEFAULT JUDGMENT
Page 3 0f4
Page 4 CASE NAME:
thwe/‘EWGCRLQ
21.
Quiet Title Actions
a.
[:
A
\J.S$iaFL/‘:<7l
(COP 760.
verified complaint
Is
You must amend and
NEDD
Iis
You
et
required
title
W
{q Cvggs S(OQ
-\
seq)
in
a Quiet
properly serve
pendens has been
did not submit a
E
CASE NUMBER:
Title
Action and your complaint
summons and
Is
not verified.
complaint again.
filed.
report.
Please submit the missing information.
for a “prove up"
hearing
before
the
date. You
days
hearing. File all
must give adequate notice of the default prove-up hearing to all defaulting
defendant(s).
The Court
requires live testimony
in all
quiet
title
actions.
You must apply
required documentation at least
22.
Other Comments:
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Judicial Officer
CV~5097 01/01/
’Tle,
Patricia Lucas
ORDER REJECTING APPLICATION
FOR DEFAULT JUDGMENT
Page 4 0f
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