Crosthwaite et al v. Zayas Incorporated

Filing 21

WRIT of Execution issued (dtmS, COURT STAFF) (Filed on 6/19/2013)

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EJ-130 A ITORNEY OR PAATY WITHOUT A ITOANEY (Name, Suue BM fiCifflMt attd o<kltess): Michele R. Stafford, Esq. (SBN 172509) Saltzman & Johnson Law Corporation 44 Montgomery St. , Suite 2110 San Francisco, CA 94104 FAXNO.: 415-882-9287 TELEI'tiC:WE NO 415-882-7900 e-t.WLADDREss· mstafford@sjlawcorp.com AITORHEY FOR r-t Plaintiffs Ef>IT Ill AITORNEY FOR (Xl JUDGM CREDITOR D ASSIGNEE OF RECORD FOR COURT USE ONt Y UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CAUFORNIA STREET ADDRESS MAruNGADORess. 450 Golden Gate Avenue crrVANDZIPCOOE.San Francisco, CA 94110 sRANCHNA...e:Northern District of Cali fornia PLAINTIFF: F.G. Crosthwaite, et al . DEFENDANT: Zayas Incorporated, et al. CASE NUMBER. IX) EXECUTION (Money Judgment) Cl2-6567 WHA POSSESSION OF Personal Property WRIT Real Property OF Limited Civil Case Small Claims Case Unlimited C ivil Case Other SALE 1. To the Sheriff or Marshal of the County of: Uruted States District Court Northern Distnct of California You are directed to enforce the judgment described below with daily interest and your costs as provided by law. D D jo D D D ID D 2. To any registered process server: You are authorized to serve this wnt only in accord with CCP 699.080 or CCP 715.040. 3. (Name): F.G. Crosthwaite, et al., is the judgment creditor assignee of record 4. Judgment debtor (name, type of legal entity stated in judgment if not a natural person, and last known address): Zayas Incorporated, a Cahfom1a Corporation, aka Zayas Excavating, Inc, ru Za)as Excavating, and flea Albert b) as Excavaung Inc &lea Alben Zayas Excavating. a d1ssolvcd Cahfom1a Corporation 3915 Secunty Part Drive, Suite A l ~an~o~ordo,a, California 93742 Additional judgment debtors on next page 5 Judgment entered on (date). ))...,_ W D I j __j '----QQ February 1~. 1013 6. D ".:2. -.2 ,_ /3 Judgment renewed on (dates): 7. Notice of sale under this writ a. [X) has not been req uested. has been requested (see next page) b. 8 Joint debtor informatron on next page. whose address is shown on this form above the courfs 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. 0 This writ IS issued on a sister-state judgment. 11. Total judgment ........ .... .. $ 104,904.45 12. Costs alter judgment (per filed order or memo CCP 685.090) 41,139.99 $ _ _ _ _la..=w6t.~.04.=::~4:..::!44c. 4 13. Subtotal (add 11 and 12) .......... D s 14 Credits ........ $ 25,961.03 $ ______~J.2Q~Ow8~3~4~J 15. Subtotal (subtract 14 from 13) 16. Interest alter judgment (per filed affidavit _ CCP 685.050) (not on GC 6103.5 fees) S 629.75 Fee for issuance of wnt ·-··· .............. S 0.00 18. Total (add 15, 16, and 17) ... ·· --··-- _ $ ====1~2~0~7~13~6~ 1 19 Levying officer: (a) Add dailv inlP.rest from date of writ vn...-··n. D W [SEAL) s (b) 20. 0 ] 8.10 Pay directly to cour1 costs includeo rn 11 and 17 (GC 6 103.5, 68637; CCP 699.520(i)) $ 0.00 The amounts called for in items 11-19 are different for each debtor These amounts are stated for each debtor on Attachment 20 NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFOR ,_, ... , fOft'll " " " ' - lor Oploonel Use JWcal Council or Clliloma WRIT OF EXECUTION Code ol CIVIl Proc:ecln, §§6911.520. 712 010.715010 ~rnrnenl Code.§ 6103.5 , _ c:ourfs.CLIJO'I E.l-1 30 (Rev January 1 20 12} OE3CL EJ-130 PLAtNTIFFFG. Crosthwaite, et al. CASE NUMBER: C12-6567 DEFENDANTZayas Incorporated, et al. r21. -Items co ntinued from page 1Additional j udgment d eb tor (name, type of legal entity stated W in judgment if not a natural person, and last known address): 1Michael AlbertPart Drive, Suite A Zayas 3915 Security II Rancho Cordova, California 93742 L 22. 23. p _jL Notice of sale has been requested by (name and addre~ I _jL L D _j Joint debtor was declared bound by the judgment (CCP 98!t-994) a. on (date): b. name, type of legal entity stated in judgment if not a natural person, and last known address of joint debtor: I c. D a. on (date): b. name, type of legal entity stated in judgment if not a natural person, and last known address of joint debtor. I I L_ 24. _j D I _jL_ additional costs against certain joint debtors (itemize): (Writ of Possession or Writ of Safe) J udgment was entered for the following: D Possession of real property: The complaint was filed on (date): (Check (1) or (2)): (1) D The Prej udgment 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. (2) 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 fi led. (a) S (b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify): b. D Possession of personal property. If delivery cannot be had, then lor 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: a. D D D D NOTICE TO PERSON SERVED WRIT OF EXECUTION OR SALE. Your rig hts 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 specif ied 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 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 j udgment creditor the reaso nable cost o f 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 Claim of Right to Possession form accompanies this writ (unless the Summons was served in compliance with CCP 415.46). WRIT OF EXECUTION l'log<!2ol 2 OE3CL

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