Crosthwaite et al v. Weber

Filing 27

WRIT of Execution issued (dtmS, COURT STAFF) (Filed on 11/19/2012)

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EJ-130 FOR COURT USE ONLY tiJ~~~J:f.R\ifim~~~uC ~B~E2 ~~1e~if)e Bar number and address! Saltzman & Johnson Law Corporation 44 Montgomery Street, Suite 2110 San Francisco, California 94104 FAX NO .. 415-882-9287 TELEPHONE NO. 415-882-7900 E-MAIL ADDREss bwi lliams@sj lawcorp.com ATTORNEY FOR (NameJ. Operating Eng. Health & Welfare Trust Fund, et a!. [L) ATTORNEY FOR [2] JUDGMENT CREDITOR D ASSIGNEE OF RECORD SUPERIOR COURT OF CALIFORNIA, COUNTY OF United States District Court STREET ADDRESS 450 Golden Gate A venue MAILING ADDRESS CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: San Francisco, California 94102 Northern District of California Operating Engineers Health & Welfare Trust Fund, eta!. Murray Steven Weber, eta!. CASE NUMBER [{] EXECUTION (Money Judgment) WRIT OF D D POSSESSION OF SALE 0 D 1. To the Sheriff or Marshal of the County of: C12-0367 WHA Personal Property Real Property D D Limited Civil Case Unlimited Civil Case D D Small Claims Case Other United States District Court, Northern District of California You are directed to enforce the judgment described below with daily interest and your costs as provided by law. 2. To any registered process server: You are authorized to serve this writ only in accord with CCP 699.080 or CCP 715.040. Operating Engineers Health & Welfare Trust Fund, et a!. [lJ judgment creditor D assignee of record whose address is shown on this form above the court's name. 3. (Name): is the 9. D I address): 10. 0 Murray Steven Weber 867 2nd Ave. 1 Re dWOO d C'ty • CA 94603 11. Balance due on Stipulation .......... 12. Costs after judgment (per filed order or memo CCP 685.090) ... 13. Subtotal (add 11 and 12) 14. Other Amounts Due 15. Subtotal 16. Interest after judgment (per filed affidavit CCP 685.050) (not on GC 6103.5 fees) .. . 17. Fee for issuance of writ . . ........ . 18. Total i ........... . 19. Levying officer: (a) Add dailv interest 4. Judgment debtor (name, type of legal entity stated in judgment if not a natural person, and last known [l] Additional judgment debtors on next page 5. Judgment entered on (date): ~ 312012 6. U Judgment renewed on (dates): 7. Notice of sale under this writ a. has not been requested. b. has been requested (see next page). See next page for information on real or personal property to be delivered under a writ of possession or sold under a writ of sale. This writ is issued on a sister-state judgment. W $ 39,642.62 $ $ $ $ 2,854.15 42 496.77 16,373.11 58,869.88 $ 1,511.73 $ $ 60,381.61 $ $14.63 frm11117/12 CJ (b) Pay directly to court costs included in 11 and 17 (GC 6103.5, 68637; CCP 699.520{i)) 8_r]. Joint.'deotor information on next page. 20. D . - - - - - - - - - - - - - T . . , h e s e amounts Issued on (date}:j 1-11-1-•, $ The amounts called for in items 11-19 are different for each debtor . ..,_,, Clerk, by ar~ :~t?t?f;!~r!, ;rc;.~ re~n ~~~~ment 20. 'MJ\,IU{ P.OM'fN , Deputy NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION. Page 1 ol2 Form Approved for ptional Use Judicial Council of Cal~omia EJ-130 (Rev. January 1, 2012] WRIT OF EXECUTION Code of Civil Procedure,§§ 699.520, 712.010. 715.010 Govemment Code,§ 6103.5 www.coutts.ca.gov CASE NUMBER PLAINTIFF: Operating Engineers Health & Welfare Trust Fund, et al. I-DEFENDANT: Cl2-0367 WHA Murray Steven Weber, et al. Items continued from page 1 21 [ { ] Additional judgment debtor (name, type of legal entity stated in judgment if not a natural person, and last known address): .----· · (dba) Murray Weber Truck & Tractor Serv1ce 867 2nd Ave. Redwood City, CA 94603 1 I Murray Weber Trucking I & Tractor (aka) 867 2nd Ave. Redwood City, CA 94603 IWeber Tractor Service (aka) 867 2nd Ave. Redwood City, CA 94603 1 Murray Weber Tractor Service (aka) 867 2nd Ave. Redwood City, CA 94603 22. D Notice of sale has been requested by (name and address): 23. D Joint debtor was declared bound by the judgment (CCP 989-994) a. on (date)" a. on (date): b. name, type of legal entity stated in judgment if not a b. name, type of legal entity stated in judgment if not natural person, and last known address of joint debtor: a natural person, and last known address of joint debtor: ......--- c. D 24. D additional costs against certain joint debtors (itemize): (Writ of Possession or Writ of Sale) Judgment was entered for the following: a.D Possession of real property: The complaint was filed on (date)" (Check (1) or (2)): (1) (2) b.D D D Possession of personal property. D c.D The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The judgment includes all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46. was the daily rental value on the date the complaint was filed. (a) $ (b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify).· If delivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order. Sale of personal property. d.D Sale of real property. e. Description of property: NOTICE TO PERSON SERVED WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy (Form EJ-150). WRIT OF POSSESSION OF PERSONAL PROPERTY. If the levying officer is not able to take custody of the property, the levying officer will make a demand upon you for the property. If custody is not obtained following demand, the judgment may be enforced as a money judgment for the value of the property specified in the judgment or in a supplemental order. WRIT OF POSSESSION OF REAL PROPERTY. If the premises are not vacated within five days after the date of service on the occupant or, if service is by posting, within five days after service on you, the levying officer will remove the occupants from the real property and place the /·udgment creditor in possession of the property. Except for a mobile home, personal property remaining on the premises will be so d or otherwise disposed of in accordance with CC P 1174 unless you or the owner of the property pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time the judgment creditor takes possession of the premises. ~ A Cla1m of Right to Possession form accompanies this writ (unless the Summons was served in compliance with CCP 415.46). EJ-130 {Rev. January 1, 2012) WRIT OF EXECUTION Page 2 of 2

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