Sabawoon Salim Construction Co. v. ECC International LLC et al

Filing 32

WRIT of Execution issued as to ECC International, LLC in the amount of $4,064,552.60 (slhS, COURT STAFF) (Filed on 2/23/2016)

EJ-130
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address):

FOR COURT USE ONLY

Tod L. Gamlen (State Bar No. 83458)
Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
TELEPHONE NO.: [phone]
E-MAIL ADDRESS:

FAX NO.:

[phone]

[e-mail]

ATTORNEY FOR (Name):

Sabawoon Salim Construction, Petitioner

x

x

ATTORNEY FOR

JUDGMENT CREDITOR

ASSIGNEE OF RECORD

SUPERIOR COURT OF CALIFORNIA, COUNTY OF United States District Court, N. Dist. Cal.
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:

PLAINTIFF:

450 Golden Gate Avenue
450 Golden Gate Avenue;Box 36060
San Francisco, CA 94102-3489

San Francisco Division, Northern District of California

Sabawoon Salim Construction Co. (SSCC), Petitioner

ECC International, LLC and ECC-CENTCOM Constructors, LLC,
Respondents

DEFENDANT:

WRIT
OF

x

EXECUTION (Money Judgment)
POSSESSION OF
Personal Property
Real Property
SALE

1. To the Sheriff or Marshal of the County of:

CASE NUMBER:

3:15-CV-04362-EMC
x

Limited Civil Case
Unlimited Civil Case

Small Claims Case
Other

Santa Clara and United States Marshals Office, N. Dist. of Cal.

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 this writ only in accord with CCP 699.080 or CCP 715.040.

Sabawoon Salim Construction Co. (SSCC), Petitioner
is the x judgment creditor
assignee of record
whose address is shown on this form above the court's name.

3. (Name):

4. Judgment debtor (name, type of legal entity stated in
judgment if not a natural person, and last known
address):

ECC International, LLC

1240 Bayshore Highway
Burlingame, CA 94010
[phone]

10.
11.
12.
13.
14.
15.
16.

X

Additional judgment debtors on next page
5. Judgment entered on (date): October 23, 2015
6.

9.

Judgment renewed on (dates):

17.
18.
19.

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

20.

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.
This writ is issued on a sister-state judgment.
Total judgment . . . . . . . . . . . . . . . . . . . $ 4,560,419.80
Costs after judgment (per filed order or
memo CCP 685.090) . . . . . . . . . . . . . . $
0.00
Subtotal (add 11 and 12) . . . . . . . . . . . . $ 4,560,419.80
500,000.00
Credits . . . . . . . . . . . . . . . . . . . . . . . . $
Subtotal (subtract 14 from 13) . . . . . . . . $ 4,060,419.80
Interest after judgment (per filed affidavit
CCP 685.050) (not on GC 6103.5 fees). . . $
4,132.80
Fee for issuance of writ . . . . . . . . . . . . . $
0.00
Total (add 15, 16, and 17) . . . . . . . . . . . $ 4,064,552.60
Levying officer:
(a) Add daily interest from date of writ
(at the legal rate on 15) (not on
33.60
GC 6103.5 fees) of . . . . . . . . .
$
(b) Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
0.00
CCP 699.520(i)) . . . . . . . . . . . . . .
$

x The amounts called for in items 11–19 are different for each debtor.
These amounts are stated for each debtor on Attachment 20.

Issued on (date): 2/23/2016

Clerk, by

, Deputy

NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION.
Page 1 of 2
Form Approved for Optional Use
Judicial Council of California
EJ-130 [Rev. January 1, 2012]

WRIT OF EXECUTION

Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Government Code, § 6103.5

EJ-130
PLAINTIFF:

Sabawoon Salim Construction Co. (SSCC), Petitioner

DEFENDANT: ECC International, LLC and ECC-CENTCOM Constructors, LLC, Respondents

21.

X

CASE NUMBER:

3:15-CV-04362-EMC

— Items continued from page 1—
Additional judgment debtor (name, type of legal entity stated
in judgment if not a natural person, and last known address):

ECC-CENTCOM Constructors, LLC
1240 Bayshore Highway
Burlingame, CA 94010
[phone]
22.

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

23.

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
b. name, type of legal entity stated in judgment if not a
natural person, and last known address of joint debtor:
a natural person, and last known address of joint debtor:

c.

24.

additional costs against certain joint debtors (itemize):

(Writ of Possession or Writ of Sale) Judgment was entered for the following:
a.
Possession of real property: The complaint was filed on (date):

b.
c.
d.
e.

(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 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):
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.
Sale of real property.
Description of property:

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. 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 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 creditor the reasonable cost of 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).
EJ-130 [Rev. January 1, 2012]

WRIT OF EXECUTION

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