Lumber Liquidators, Inc. v. Sullivan

Filing 8

WRIT of of Execution issued Eastern District of CA (dtm, COURT STAFF) (Filed on 7/10/2012)

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EJ-130 •· ATTORNEY OR PARTY WITHOUT,ATTORHEY (Name. Slate 8af t1umber and address} FOR COURT USE ONLY DAVID J. COOK, ESQ. SBN 060859 COOK COLLECTION ATTORNEYS, PLC 165 Fell Street, San Francisco, CA 94102-5106 Mailing address: P.O. Box 270 File #55,340 San Francisco, ·cA 94104-0270 FAXNO.c 415 989 0491 TB.EPHONE NQ_: 415 989 4730 Cook@squeezebloodfromturnip. corn Plaintiff E-MAIL ADDRESS: ATTORNEYfOR(Name): GO ATTORNEY FOR [X] JUDGMENT CREDITOR [:=J ASSlGNEE OF RECORD UNITED STATES DISTRICT COURT A 50 Golden Gate Avenue STREET ADDRESS MAILING ADDRESS: Sa~e CITY AND ZIP CODE: San Francisco, CA BRANCH NAME: Northern District of California PLAINTIFF; LUMBER LIQUIDATORS, DEFENDANT; KEVIN H. GO WRIT D D OF INC. SULLIVAN CASE NUMBER: EXECUTION (Money Judgment) POSSESSION OF Personal Property Real Property SALE 3:12-MC-80101 WHA D D D D Limited Civil Case Unlimited Civil Case D GO Small Claims Case OlherN. D. Cal. 1. TotheSherilforMarshaloftheCountyof: EASTERN 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 lhis writ only in accord wilh CCP 699.080 or CCP 715.040. 3. (Name): LUMBER LIQUIDATORS, is the m judgment creditor c:J INC. assignee of record 4. Judgment debtor (name, type of legal entity stated in judgment d not a natural person, and last known whose address is shown on this form above the court's name. 9. 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. c=J address): 10. This writ is issued on a sister-state judgment 11. Total judgment.................. $ 425,437.64 IKEVIN H. SULLIVAN 12. Costs after judgment (per filed order or 2541 Chelsea Road memo CCP 685.090) .. $ 0.00 Palos Verdes Estates, CA 90274-4309 13. Subtotal (add 11 and 12) . ....... . $ _ __.4,_,2~5'-'-"4-"'3..!.7~.""64.,_ 14. Credits ................ . $ 0.00 15. Subtotal (subtrac/14 from 13) .. . $ _ __.4,_,2~5'-'-"4"'3..!.7~.""64.,__ 16. Interest after judgment (per filed affidavit CCP 685.050) (nol on GC 6103.5 feesi .. $ 0.00 Additiona) judgment debtors on next page 17. Fee for issuance of writ . $ 0.00 5. Judgment entered on (date); 6/14/12 18. Total (add 15, 16, and 17) .. $ ==4~2=5~4'='3=7=.~64~ 19. Levying offteer: 6. Judgment renewed on {dates): (a) Add daily interest from date of writ 7 _ Notice of sale under this writ (at the legal rate on 15}(not on a. has not been requested. GC 6103.5 fees) of 2_..5.%..... $ 29.14 b. D has been requested (see next page). (b) Pay direcUy to court costs included in 8. Joint debtor infQ.rmation on next page. 11 and 17 (GC 6103.5,68637: CCP 699.520(i)). . . . . . . . $ 0.00 !SEAL! 20. The amounts called for in ilems 11-19 are differenlfor each debtor. These amounts are stated for each debtor on Attachment 20. GO D GO D D NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION. FOfm ~oved for Optional Use Judicial COllnol of Cahlom•a EJ-130{Rev_ J~nuary 1. 20121 WRIT OF EXECUTION ' Cude of C•v•l Procl'"<lure. §§ 699.520_ 712.010. 715 010 Government Code.§ 6!0}_5 EJ-130 PLAINTIFF: r- DEFENDANT: D 21. LUMBER LIQUIDATORS, INC. CASE NUMBER 3:12-MC-80101 WHA KEVIN H. SULLIVAN 1 -Items continued from page 1Additional judgment debtor (name, type of legal entity staled in judgment if not a natural person, and last known address): ,--...c D 22. Notice of sale has been requested by (name and address): I 23. D Joint debtor ;yas declared bound by the judgment (CCP 989-994) a. on (dale): 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. 24. D 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) 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 oceupants of the premises. (2) The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46. (a) $ was the daily 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): D Possession of personal property. D If delivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order. Sale of personal property. Sale of real property. Description of property: D 0 b. c. d. e. D D 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.lf custody is not obtained following demand, the judgment may be enforced as a money judgmenl'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 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 credttor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time lhe 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). EJ-130 fRev January L 20121 WRIT OF EXECUTION P;~~ge2 of2

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