Bay Area Painters and Tapers Pension Trust Fund and its Joint Board of Trustees et al v. Diablo Valley Drywall

Filing 18

WRIT of Execution issued (dtmS, COURT STAFF) (Filed on 1/29/2014)

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ATTORNEYOR PARTY Vt1THOUT ATTORNEY (NIJI'N! 5.'818 8M number and~)

FOR COURT USE ON LY

Michele R. Stafford/Erica J. Russell ( 172509/274494)
Saltzman & Johnson Law Corporation
44 Montgomery Street, Suite 21 10
San Francisco, Califo rnia 94 104
TELEPHONE NO ( 4 15) 882-7900
FAX NO (41 5) 882-9287
E.f.WLAOORess [e-mail]/erussell@sj lawcorp.com
ATTORNEY FOR (Name) Plaintiffs
ATTORNEY FOR IX) JUDGMENT CREDITOR
D ASSIGNEE OF RECORD

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UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

sTREET ADDREss
MAILING ADDRess
crrvANDZIPcooe
BRANCH NAME
PLAINTIFF
DEFENDANT:

450 Golden Gate Avenue
450 Golden Gate Avenue
San Francisco, CA 94 110
Northern District of California
Bay Area Pamters & Tapers Pens10n Trust Fund, et al.
Diablo Valley Drywall
!X)

WRIT
OF

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EXECUTION (Mo ney Judgm ent)
POSSESSIO N OF
Personal Property
Real Property

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CASE NUMBER

C12-5485 WHA

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ID

Lim ited Civil Case
Sm all Claims Case
Unlim ited Civil Case
Other
SALE
1. To the Shen ff o r Marshal of t he County of:
You are directed to enforce the judgment described below with daily interest and your costs as provided by law.

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2. To any registered process server: You are authorized to serve this writ only in accord with CCP 699 080 or CCP 715.040.

3 (Name):

Bay Area Painters & Tapers Pension Trust Fund, et al.

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1s the
judgment creditor
assignee of record
4 J udgment debt o r (name, type of legal entity stated in
JUdgment if not a natural person, and last known
address):

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~lo Vall ey Drywall

4876 E. 2nd Street
Benicia, CA 945 10

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Additional judgment debtors on next page
5 J ud gm ent entered on (dale): / / -

_§:'- 17

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w hose address is shown on th1s form above the court's name
9.
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.
10.
This writ 1 issued on a sister-state judgment.
s

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11 . Total judgment
12. Costs after judgment (per filed order or
memo CCP 685.090)
13 Subtotal (add 11 and 12)
14 Cred1ts
15. Subtotal (subtract 14 from 13)
16. Interest afte r judgment (per filed affidavit
CCP 685.050) (not on GC 6103.5 fee s)

17. Fee for issuance of wnt
6

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J udgment renewed on (dates).

7 Notice of sale under this writ
a. IX) has not been requested.
b.
has been requested (see next page).
8.
Joint debtor information on next page.

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$

118,839.40

$

48,621. 15

$ ______~1~6~7.~4~6~0~5~5
$
3,632.53
$ ______~~6~1,~8~2~8~0~2
1
$
$

7 17.83
0.00

18 Total (add 15, 16, and 17)
$ ====1~6~4~,5===5~5~
4 8
19 Levying officer·
(a) Add daily interest from date of w nt
(at the legal rate on 15) (not on
GC 6103.5 fees) of
$
22.54
(b) Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
CCP 699.520(i))
$
0.00

!SEAL)

NOTICE TO PERSON SERV ED: S EE NEXT PAGE FOR IMPORTAN T I
Pege 1 of2
FOITII App<Oiied lor Optoonal Use
J~ Counc.l e>f Calolom.a
EJ -13C [Re• Jano..ary 1 20121

WRIT OF EXECUTION

CodeoiCovoiProcecllre

§§699520 712010 715010
GO•emmenc Code. § 6103 5
ww"' 00/Jfts c..gov

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PLAINTIFF Bay Area Painters & Tapers Pension Trust Fund, et al.

CASE N UMBER

C12-5485 WHA
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DEFEN
DANTDiablo Valley Drywall

-Items continued from page 121 . (X) Additional judgment debtor (name, type of legal entity stated
in judgment 1f not a natural person, and last known address):

~dall Bruce Baker
4876 E. 2nd Street

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Benicia, CA 9451 0

22.

23.

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Notice of sale has been requested by (name and address):

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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 enhty stated in judgment tf not
natural person, and last known address of joint debtor:
a natural person, and last known address of JO deb~
int

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c.
24.

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addtttonal costs against certatn joint debtors (itemize)·

(Writ of Possession or Writ of Sale) Judgment was entered for the followtng:
a.
Possession of real property: The complaint was filed on (date):
(Chec k (1) o r (2)):
(1)
The Prejudgment Claim of Right to Possession was served in compliance w tth CCP 415.46
The judgment includes all tenants, subtenants. named claimants, and other occupants of the premises.
(2)
The Prejudgment Claim of Right to Possession was NOT served in compl1ance with CCP 415 46.
(a) $
was the daily rental value on the date the compla tnt was filed.
(b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following
dates (specify):
b.
Possession of personal property.
If delivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order.
c.
Sale of personal property
d.
Sale of real property.
e. Description of property:

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NOTICE TO PERSON SERVED
WRIT OF EXECUTION OR SALE. Your nghts and duties are indicated on the accompanying Notice of Levy (Form EJ-1 50).
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 spec1
fied in the judgment or 1n a supplemental order.
WRIT OF POSSESSION OF REAL PROPERTY. If the prem1
ses are not vacated Within five days after the date of service on the
occupant or, if service is by posting, within five days after servtce on you, the levying officer will remove the occupants from the real
property and place the judgment creditor in possession of the property. Except for a mobile home, personal property remaining on
the premises will be sold or otherwise disposed of in accordance with 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 than 15 days after the
~me the judgment creditor takes possession of the premises
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A Claim of R1 hi to Possession form accom anies th1s writ unless the Summons was served m com fiance with CCP 415 46 .
EJ·130 !Rev January 1, 2012)

B~~NT~M·~awr-

WRIT OF EXECUTION

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