Crosthwaite et al v. Zayas Incorporated

Filing 24

WRIT of Execution issued (dtmS, COURT STAFF) (Filed on 12/19/2013)

•
EJ-130
ATTOANEY OR PARTY WITHOUT ATTOR"'EY (~. Sial• 8w nl.lfDber andllddress).

FOR COURT USE OM. Y

M ichele R. Stafford, Esq. (SBN 172509)
Saltzman & Johnson Law Corporation
44 Montgomery St., Suite 2 110
San Francisco, CA 94104
FAX NO.: 4}5-882-9287
TEI.fPHONE NO 4 15-882-7900
e.w.tLAooRess [e-mail]
ATTORNEY FOR fHtllnet Plaintiffs
(Xl ATTOAAEY FOR IX) AIOG ~EHT CREDITOR Cl ASSIGNEE OF RECORD
UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CAUFORNIA
STREET AOORESS

450 Golden Gate Avenue
San Francisco, CA 941 10
BRANCH NAME. Northern District of California
PLAINTIFF: F.G. Crosthwaite, et al.

MAJuNGAOOREss

crTY AND ZIP coDe:

DEFENDANT: Zayas

Incorporated, et al.

CASE NUMBER.
EXECUTION (Money Judgment)
C12-6567 WHA
WRIT
POSSESSION OF
Personal Property
OF
ReaJ Property
Limited C ivil Case
Small Claims Case
SALE
Unlimited C ivil Case
Other
1. To the Sheriff or Marshal of the County of: United States Dtstrict Court, Northern Distnct or California
You are directed to enforce the judgment described below with da ly Interest and your costs as provtded by law.

IX)

D
D

0

D

D

D

0

0

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):

F.G. Crosthwaite, et al.,

D

I.XJ

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):

I

Zayas Incorporated, a Cahforma Corporation. aka Zayas

I

fucavaung, Inc., aka Zayas fucan11ng. and lka Albert
Zayas fuca\ating. Inc ., aka Albert Zayas fucavaung, a
dissolved Cahforma Corporation

39 15 Sc:c11nty Part Dri\'e, S11 ite A

__j

I~·.~~h-;~ordova, Califorma 93742
"----(X)

Additional judgment debtors on next page
5. Judgment entered on (date):

February 25, 2013

6.

D

Judgment renewed on (dates):

7. Notice of sale under this wnt
a.
has not been requested.
b.
has been requested (see next page).
8. (XI Joint debtor infonnation on next page.

rx:J
D

whose address is shown on this form above the court's name.
See next page for information on real or personal property to be
9.
delivered under a writ of possession or sold under a writ of sale.
10.
This writ is issued on a sister-state judgment.
11 . Total judgment ....
$
104,904.45
12. Co sts after judgment (per filed order or
$
4Q,592.25
memo CCP 685.090) .. .....
$ ______~1~5~1,~4~96~70~
13. Subtotal (add 11 and 12) .... . ...... .•
14. Credits
.............................
$
104,904.45
15. Subtotal (subtract 14 from 13)
$ ________4=6~.~5~92~
25~
16. Interest after judgment (per filed affidavit
CCP 685.050) (not on GC 6103.5 fees) .. $
755.72
17. Fee for issuance of writ .. ........
$
0.00

D
D

18. Total (add 15, 16, and 17)
$ =====4~7:z,3~4=7~97=..
19. Levying officer:
(a) Add da.ly interest from date of writ
(at the legal rate on 15) (not on
GC 6103.5 fees) of ..•.
12.97
(b) Pay directly to court costs mcluded In
11 an d 17 (GC 6103.5, 68637;
CCP 699.520(i)) ..... ....... ... . ... ... ... S
0.00

s

20.

[SEAL!

D

The amounts called for in Items 11-19 are different for each debtor.

RJCHA~Q W.uWIEKiN(t for each debtor on Attachment 20.

I

Issued on (date)/

A .- / tf/ ( ~ler1<, ------,~'-'--~1.4L'o~""-f~
by

Page 1 ot 2
Fonn Al>prov.c! for OpiJonal Use
Jvdocoaf Couneol ol Cehlomoa
EJ. 130 [Rev January 1. 2012!

WRIT OF EXECUTION

CocM o1 C.V' ProcedUre §§ 699 520. 712 010. 7 15 0 10
GOvernment Code, § 6103 5
www.t:OUI!s Cll.f/C"f

OE3CL

EJ-130

PLAINTIFFF.G. Crosthwaite, et al.

CASE N\JV!IER

C 12-6567 WHA

DEFENDANTZayas Incorporated, et al.

r-

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

~haelAJbertZayas
3915 Security Part Drive, Suite A
Rancho Cordova, Cal ifornia 93742

~ ~

L

_jL

_j

22. !:J..!::!.otice of sale has been requested by (name and address):

~~

I
23.

L
D

_j
Joint debtor was declared bound by the judgment (CCP 989-994)
on (da te):
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 jo,nt debtor:

a.

~
L_
c.
24.

D

~~
D

~

_jL_

_j

additional costs against certain joint debtors (itemize):

(Writ of Possession or Writ of Sale) Judgment was entered for the following:
Possession of real property: The complaint was filed on (date):
a.
(Check (1) or {2)):
(1)
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 prem1
ses.
The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.
(2)
(a) S
was the dally rental value on the date the complaint was filed.
(b) The court will hear objections to enforcement of the judgment under CCP 11 74.3 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.
Sale of personal property
c.
Sale of real property.
d.
e Description of property:

D

D
D

D
D
D

0

NOTICE TO PERSON SERVED
WAIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy(Form EJ-150).
WAIT 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. II 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.
WAIT OF POSSESSION OF REAL PROPERTY. If the premises are not vacated within five days after the date of serv1 on the
ce
occupant or, if service is by post1ng, 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 W•th CCP 1174 unless you or the owner of the property pays the
judgment creditor the reasonab'e cost of storage and takes possess,on of the personal property not later than 15 days after the
~me the judgment creditor takes possession of the premises.
,
A Claim of Ri ht to Possession form accom anies this writ unless the Summons was served in com liance with CCP 415.46 .
EJ.1301Rev Januaty 1, 20121

IDl ~.... o...u
~ [IS£NTIA1 roRNs·

WRIT OF EXECUTION

Page 2 of2

OE3CL