Crosthwaite et al v. Geo Grout, Inc. et al

Filing 52

WRIT of Execution Issued (dtmS, COURT STAFF) (Filed on 1/29/2013)

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EJ 130 FOR COURT USE ONlY N{fc"fl~~~St~~ (~~~ r 11·fdt9)ar INMI'~, a acbress } nd J Saltzman & Johnson Law Corporation 44 Montgomery Street, Suite 21 10 San Francisco, Californ ia 94104 TELEPHONE NO 415-882-7900 e-MAIL ADDRess· ATTORNEYFOR t.\AINIJ. [L] ATTORNEY FOR [L] JUDGMENT CREOITOR 0 .~ ......... " STREET AOOflESS 415-882-9287 FAA ...0 mstafford@sj Operating Eng. Health & Welfare Trust Fund, et al. ASA_rGrPEOfRECORO --:\ ftfn Yted States District Court 450 Go lden Gate Avenue MAll "<G AOOI<ESS San Francisco, Cali fornia 94102 Northern District of California Operating Engineers Health & Welfare Trust Fund, et al. CITY AND Z, P CODE BRANCH NAME PLAINTIFF: DEFENDANT: Geo Grout, Inc., e1 al. CZI D POSSESSION OF D WRIT OF CASENUioiBER EXECUTION (Mo ney Judgment) SA LE 0 D Personal Prop erty Rea l Property 1. To the Sheriff or Marshal of the County of : United Cl2-4387 WHA D D Limited Civil Case Unlimited Civil Case 0 D Small Claim s Case Other States District Court, Northern District of Cali fornia You are directed to enforce the judgment described below with dally interest and your costs as provided by law . 2 To any registered process server: You are authonzed to serve this writ only in accord with CCP 699.080 or CCP 715.040. 3. (Name). Operating Engineers Health & Welfare T rust Fund, et al. lZJ judgment creditor D is the assignee of record 4 J udgment debtor (name, type of legal entity stated in judgment if not a natural person, and last known address): 9 D Geo Grout, Inc. 263 South Maple Avenue South San Francisco, California 94080 s ________ [l] Additional judgment debtors on next page 5 J udgment entered on {date). s January 24, 20 13 0 Judgment renewed on (dates). N/A 7. Noti ce or sale under th1 wnt s a b 8. D [Z] D D 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. Th1 writ is issued on a s1 s ster-state judgment. 10. 11 . Total judgment ... .. ... $ 45 ,465.69 12. Costs after JUdgment (per fi led order or memo CCP 685 090) . . . . s 13. Subtotal (add 11 and 12) . . . . . . . . 14. Credits . .. .. . $ 15. Subtotal (subtract 14 from 13) . .. .. . $ 45,465.69 16. Interest after J Udgment (per filed affidavit CCP 685.050) (not on GC 6103.5 fees) . $ 17 Fee for issuance of writ . . . .. 18 Total (add 15, 16, and 17) ... $ 45,465.69 19 Levy1ng officer: (a) Add daily interest from date of writ (at the legal rate on 15) (not on GC 6103.5 fees) of. S 0.17 from 1/24113 (b) Pay directly to court costs 1 ncluded in 11 and 17 (GC 6103.5, 68637; l 6 whose address 1s shown on this form above the court's name has not been requested has been requested (see next page). Jomt debtor mformallon on next page. CCP 699.520(i)) . $ 0 The amounts called for in 1tems 11-19 are d1fferent for each debtor. ...-----....----::---::-R C..;_~ _I_ H) ~RoW.uwtEKiNGd for each debtor on Attachment 2;A~C 20. q -/2:1 !Issued on (date): / _.) Clerk, by , d~~~RY NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INF Pa~ WRIT OF EXECUTION Code cl CMI Procecue. §S 6;9 520, 71 2 010. 1 o12 71~010 ~Code. §61035 IOWWCO<HI$C.fJO'II EJ-130 PLAINTIFF Operating Engineers Health & Welfare Trust Fund, et al. CASE NUMBER· Cl2-4387 WHA r- DEFENDANT: Geo Grout, Inc., et al. -Items continued from page 1- 21 . D Ad dit ional judgment debtor (name, type of legal ent1ty stated in judgment if not a natural person. and last known address): 1 r-K-en_n__,eth Arthur Tholin 1628 Wellesley Ave. San Maeo, California 94403 I 22 D No tic e of sale has been requested by (name and address)- 23 D Joint debto r was declared bound by the judgment (CCP 989-994) a. on (date): a. on (data): b. name. type of legal entity stated in judgment if not a b. name, type of legal ent,ty stated 1 judgment if not n natural person and last known address of J Oint debtor: a natural person, and last known address of joint debtor: ..---- c. 24 D 0 I add honal costs against certain joint debtors (itemize): (Wn"t of Possession or Writ of Sale) J udgment 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 cO 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 Cla.m of Rtght to Possess1 was NOT served in compliance w1th CCP 415 46. on (a) $ was the da1ly rental value on the date the complaint was filed (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) spec1 fied in the judgment or supplemental order. Sale of personal property. Sale of real property. d D e. Description of property: NOTICE TO PERSON SERVED WRIT OF EXECUTION OR SALE Your rights and duties are indicated on the accompany ng 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 1 by posting, within five days after serv1ce on you, the levying officer wtll remove the occupants from the real s property and place the Judgment creditor 1n possession of tt>e property. Except for a mob1le home personal property remaining on the premises will be sold or otherwise disposed of in accordance w1th CCP 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 th an 15 days after the time the J udgment creditor takes possess1on of the premises. • A Cia .m of Right to Possession fonn accompanies this writ (unless the Summons was served m compliance with CCP 415.46). EJ.130(Rev. Jat~.~lty 1. 2012) WRIT OF EXECUTION Pl gt2of2

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