The Board of Trustees for the Laborers Health and Welfare Trust Fund for Northern California et al v. Michael Heavey Construction, Inc. et al

Filing 48

WRIT of Execution issued as to Michael Heavey Construction, Inc. in the amount of $308,952.44 (slhS, COURT STAFF) (Filed on 10/4/2019)

Case 3:18-cv-06119-JSC Document 47 Filed 10/03/19 Page 1 of 3
EJ-130
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address):

FOR COURT USE ONLY

Concepcion E. Lozano-Batista, Bar No. 227227

Tracy L. Mainguy, Bar No. 176928
Weinberg, Roger & Rosenfeld
1001 Marina Village Pkwy, Ste. 200
Alameda, California 94501-1091
TELEPHONE NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (Name):

X

ATTORNEY FOR

510-337-1001
FAX NO.: 510-337-1023
[e-mail]
Plaintiffs
ASSIGNEE OF RECORD
X JUDGMENT CREDITOR

USDC Northern District of California

450 Golden Gate Ave.

STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:

San Francisco, CA 94102

BRANCH NAME:

PLAINTIFF: The
DEFENDANT:

Board of Trustees, et al.

Michael Heavey Construction, Inc., et al.
X

WRIT
OF

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

CASE NUMBER:

3:18-cv-06119-JSC
X

Limited Civil Case
Unlimited Civil Case

Small Claims Case
Other

1. To the Sheriff or Marshal of the County of: San Francisco
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.
3. (Name): See attached.
is the

X

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):

Michael Heavey Construction, Inc.
4342 3rd Street
San Francisco, CA 94124

9.
10.
11.
12.
13.
14.
15.
16.

X

Additional judgment debtors on next page
17.
5. Judgment entered on (date): May 1, 2019
18.
19.
6.
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.
Joint debtor information on next page.
[SEAL]

whose address is shown on this form above the court's name.
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 . . . . . . . . . . . . . . . . . . . $
330,542.44
Costs after judgment (per filed order or
memo CCP 685.090) . . . . . . . . . . . . . . $
107.00
Subtotal (add 11 and 12) . . . . . . . . . . . . $
330,649.44
Credits . . . . . . . . . . . . . . . . . . . . . . . . $
25,000.00
Subtotal (subtract 14 from 13) . . . . . . . . $
306,422.44
Interest after judgment (per filed affidavit
CCP 685.050) (not on GC 6103.5 fees). . . $
2,530.00
Fee for issuance of writ . . . . . . . . . . . . . $
0.00
Total (add 15, 16, and 17) . . . . . . . . . . . $
308,952.44
Levying officer:
(a) Add daily interest from date of writ
(at the legal rate on 15) (not on
GC 6103.5 fees) of . . . . . . . . .
$
22.00
(b) Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
CCP 699.520(i)) . . . . . . . . . . . . . .
$
0.00

20.

Issued on (date): 10/4/2019

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 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

Case 3:18-cv-06119-JSC Document 47 Filed 10/03/19 Page 2 of 3
EJ-130
PLAINTIFF:
DEFENDANT:

21.

X

The Board of Trustees, et al.

CASE NUMBER:

3:18-cv-06119-JSC

Michael Heavey Construction, Inc., et al.

— 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):

Noreen Bridget Boyle
aka Noreen Bridget Heavey
250 Santa Paula Ave
San Francisco, CA 94127

Michael B. Heavey
250 Santa Paula Ave
San Francisco, CA 94127
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

Page 2 of 2

Case 3:18-cv-06119-JSC Document 47 Filed 10/03/19 Page 3 of 3
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:

The Board of Trustees, et al.
Michael Heavey Construction, Inc., et al.

CASE NUMBER:

3:18-cv-06119-JSC

Judgment Creditor (name and address):
The Board of Trustees in their capacities as Trustees of the Laborers Health and Welfare Trust Fund for
Northern California; Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust
Fund for Northern California; and Laborers Training and Retraining Trust Fund for Northern California.
220 Campus Lane
Fairfield, CA 94534-1499