Li et al v. Xiao et al

Filing 71

WRIT of Execution issued as to Zhihao Xiao, et al in the amount of $172,923.52. (slhS, COURT STAFF) (Filed on 6/22/2021)

Case 3:17-cv-07372-EDL Document 71 Filed 06/22/21 Page 1 of 3
EJ-130
STATE BAR NO.:

ATTORNEY OR PARTY WITHOUT ATTORNEY:

FOR COURT USE ONLY

Eric P. Francisconi (SBN 172102)
FIRM NAME:
FitzGerald Yap Kreditor LLP
STREET ADDRESS: 2 Park Plaza, Suite 850
CITY: Irvine
STATE:
ZIP CODE:
92614
CA
TELEPHONE NO.: [phone]
FAX NO.: [phone]
EMAIL ADDRESS:
[e-mail]
NAME:

ATTORNEY FOR (name):

X

ATTORNEY FOR

X

ORIGINAL JUDGMENT CREDITOR

ASSIGNEE OF RECORD

SUPERIOR COURT OF CALIFORNIA, COUNTY OF NORTHERN DISTRICT OF CA - SF

450 Golden Gate Avenue
450 Golden Gate Avenue
CITY AND ZIP CODE:
San Francisco, CA 94102
BRANCH NAME:
San Francisco Division
PLAINTIFF/PETITIONER:
Haili Li, et al.
DEFENDANT/RESPONDENT: Zhihao Xiao, et al.
STREET ADDRESS:

MAILING ADDRESS:

X

WRIT OF

CASE NUMBER:

3:17-cv-07372-EDL
Limited Civil Case
(including Small Claims)

EXECUTION (Money Judgment)
POSSESSION OF

Personal Property
Real Property

SALE

Unlimited Civil Case
(including Family and Probate)

X

1. To the Sheriff or Marshal of the County of: Los Angeles
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 accordance with CCP 699.080 or CCP 715.040.
3. (Name):
is the

Haili Li, an individual, and Rongbin Huang, an individual
X

original judgment creditor

assignee of record

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

10.

$

14. Credits to principal (after credit to interest)

9, 2020

$

13. Subtotal (add 11 and 12)

Additional judgment debtors on next page

$

12. Costs after judgment (CCP 685.090)

$

15. Principal remaining due (subtract 14 from 13) $
16. Accrued interest remaining due per
$
CCP 685.050(b) (not on GC 6103.5 fees)
17. Fee for issuance of writ (per GC 70626(a)(l)) $

187,500.00
0.00
187,500.00
19,040.00
164,560.00
8,363.52

18. TotaI amount due (add 15, 16, and 17)

Joint debtor information on next page.

$

0.00
172,923.52

19. Levying officer:
a. Add daily interest from date of writ (at
the legal rate on 15) (not on
GC 6103.5 fees) . . . . . . . . . . . . . . . .
b. Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
CCP 699.520(j)) . . . . . . . . . . . . . . . .

Judgment renewed on (dates):

7. Notice of sale under this writ:
a. X
has not been requested.
b.
has been requested (see next page).
8.

Writ of Possession/Writ of Sale information on next page.
This writ is issued on a sister-state judgment.

11. Total judgment (as entered or renewed)

5. Judgment entered on (date): November
(See type of judgment in item 22.)
6.

9.

For items 11–17, see form MC-012 and form MC-013-INFO.

Zhihao Xiao
1183 S. De Anza, Suite 60
San Jose, CA 95129
--------------------Nana Liu
1183 S. De Anza, Suite 60
San Jose, CA 95129
X

whose address is shown on this form above the court’s name.

$

36.04

$

0.00

[SEAL]

20.

Date:

6/22/2021

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

Clerk, by

, Deputy

NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
EJ-130 [Rev. September 1, 2020]

WRIT OF EXECUTION

Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Government Code, § 6103.5
www.courts.ca.gov

LexisNexis® Automated California Judicial Council Forms

Case 3:17-cv-07372-EDL Document 71 Filed 06/22/21 Page 2 of 3
EJ-130
Plaintiff/Petitioner:

Haili Li, et al.
Defendant/Respondent: Zhihao Xiao, et al.
21.

X

CASE NUMBER:

3:17-cv-07372-EDL

Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):

Sunshing Co., Inc.
Agent for Process of Service: Zhihao Xiao
1183 S. De Anza, Suite 60
San Jose, CA 95129

Transom Investment Group
Agent for Service of Process: Zhihao Xiao
1183 S. De Anza, Suite 60
San Jose, CA 95129

22. The judgment is for (check one):
a.
b.

wages owed.
child support or spousal support.

X

c.

other.

23.

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

24.

Joint debtor was declared bound by the judgment (CCP 989-994)
a. on (date):
b. name, type of legal entity if not a natural person, and
last known address of joint debtor:

c.

Additional costs against certain joint debtors are itemized

25.

a. on (date):
b. name, type of legal entity if not a natural person, and
last known address of joint debtor:

below

on Attachment 24c.

Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):
Possession of real property: The complaint was filed on (date):
(Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)

a.
(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.

(3)

The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in the
judgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returns
to effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP
415.46 and 1174.3(a)(2).)

(4) If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 25a(2)), answer the following:
(a)

The daily rental value on the date the complaint was filed was $

(b)

The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify):

Item 25 continued on next page
EJ-130 [Rev. September 1, 2020]

WRIT OF EXECUTION

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LexisNexis® Automated California Judicial Council Forms

Case 3:17-cv-07372-EDL Document 71 Filed 06/22/21 Page 3 of 3
EJ-130
Plaintiff/Petitioner:

Haili Li, et al.

Defendant/Respondent: Zhihao

25. b.
c.
d.

CASE NUMBER:

3:17-cv-07372-EDL

Xiao, et al.

Possession pf personal property.
If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order.
Sale of personal property.
Sale of real property.

e. The property is described

below

on Attachment 25c.

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 demand that you turn over 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.
EXCEPTION IF RENTAL HOUSING UNIT WAS FORECLOSED. If the residential property that you are renting was sold in a
foreclosure, you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year, you
may remain in the property until the term is up. If you have a periodic lease or tenancy, such as from month-to-month, you may remain
in the property for 90 days after receiving a notice to quit. A blank form Claim of Right to Possession and Notice of Hearing (form
CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or levying
officer.
EXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. If you
were not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case was
filed, you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and
Notice of Hearing (form CP10) and give it to the sheriff or levying officer. A blank form accompanies this writ. You have this right
whether or not the property you are renting was sold in a foreclosure.

EJ-130 [Rev. September 1, 2020]

WRIT OF EXECUTION

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LexisNexis® Automated California Judicial Council Forms