Products and Ventures International v. Axus Stationary (Shanghai) Ltd. et al

Filing 272

WRIT of Execution in the amount of $4,400,000.00 issued as to Axus Stationery (Shangai) Co., Ltd.; Kenpark Ltd.; Andre Viegas, Peifeng Xu. (original writ mailed to Randolph Gaw) (cpS, COURT STAFF) (Filed on 9/4/2018)

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Case 4:16-cv-00669-YGR Document 271 Filed 08/27/18 Page 1 of 2 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Barnumberand address): EJ-130 FOR COURT USE ONLY Randolph Gaw (SB 223718) Gaw I Poe LLP 4 Embarcadero Center, Suite 1400 San Francisco, CA 94111 FM. NO. (Optional): 415.737.0642 TELEPHONE NO-: 415.766.7451 E-MAIL ADDRESS (Optional): rgaw@gawpoe.eom ATTORNEY FOR (Name): Plaintiff Products and Ventures International I ✓ I ATTORNEY FOR | ✓ | JUDGMENT CREDITOR I I ASSIGNEE OFRECORD SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME; PLAINTIFF: 450 Goldcn Gate Ave. 450 Goldeo Gatc Ave. San Francisco 94102 US Distrlct Couit, Noithem District of California Products and Ventures International DEFENDANT: Axus Stationery (Shanghai) Ltd. WRIT OF CASE NUMBER: rri EXECUTION {Money Judgment) • POSSESSION OF • Personal Property I \ Real Property • 4:16-CV-00669-YGR SALE 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 COP 699.080 or COP 715.040. 3. (Name): Products and Ventures International is the [^I] judgment creditor I I assignee of record 4. Judgment debtor (name and last known ai^dress): whose address is shown on this form above the court's name. 9. I Axus Stationery (Shangai) Co. Ltd. delivered under a writ of possession or sold under a writ of sale. 10. I I Thiswrit is issued on a sister-state judgment. 11. Total judgment $ 4,400,000 No. Ill, Xuezi South Road Xianghua Qiao, Qingpu District, Shanghai People's Republic of China ' Kenpark Ltd. ' Room 1503, 15/F; Wing On Center 111 Connaught Road, Central IHong Kong I / I Additional judgment debtors on next page August 7, 2018 6. I I Judgment renewed on (dates): 7. Notice of sale under this writ a. ( / I has not been requested. b. I I has been requested (see next page). 8. I I Joint debtor Information on next page. 12. Costs after judgment (per filed order or memo OCR 685.090) 13. Subtotal (add 11 and 12) 14. Credits I 5. Judgment entered on (date): I See next page for information on real or personal property to be 15. Subtotal (subtract 14 from 13) 16. interest after judgment (per filed affidavit CCP 685.050) (not on GC 6103.5 fees).. 17. Fee for issuance of writ 18. Total (add 15. 16. and 17) 19. Levying officer: (a) Add daily interest from date of writ (at the legal rate on 15) (not on GC 6103.5 fees) of. (b) Pay directly to court costs included in 11 and 17 (GC 6103.5, 68511.3; CCP 699.520(1)) $ 0 $ 4,400.000 $ 0 $ 4,400,000 $ 0 $ 0 $ 4,400,000 $ 294.14 $ 0 SEAL 20. I I 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): Clerk, by ( — C , Deputy NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION. Page 1 of 2 Form Approved for Opfonal Use Judicial Council of California EJ-130 [Rev. January 1, 2006] WRIT OF EXECUTION Code of Civil Procedure. §§ 599.520, 712.010, Government Code, § S103-S. mvw. courtinfo. ca.gov Case 4:16-cv-00669-YGR Document 271 Filed 08/27/18 Page 2 of 2 EJ-13Q PLAINTIFF: Products and Ventures International CASE NUMBER: 4:16-CV-00669-YGR DEFENDANT: Axus Stationery (Shanghai) Ltd. — items continued from page 1— 21.1 ^ I Addi tlonal judgment debtor (name and last known address): Peifeng Xu Andre Yiegas Apt. 105; Building #3 No. Ill, Xuezi South Road 1068 Xinzha Road, Shanghai Xianghua Qiao, Qingpu District, Shanghai People's Republic of China People's Republic of China 22.1 I Notice of sale has been requested by (name and address): \ 23.1 I Joint debtor was declared bound by the judgment (OCR 989-994) a. on (date): b. name and address of joint debtor: a. on (date): b. na me and address of joint debtor: c. I 24.1 I additional costs against certain jointdebtors f/fem/zeL I (Writ of Possession or Writ of Sale) Judgment was entered for the following: Possession of real property: The complaint was filed on (date): (Check (1)or(2)): (1) I (2) I I The Prejudgment Claim of Right to Possession was served in compliance with COP 415.46. The judgment includes all tenants, subtenants, named claimants, and other occupants of the premises. I The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46. (a) $ b.n I c.a d.ET] e. De 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. I Ifdelivery cannot be had, then for the value (Itemizein 9e) specified in the judgment or supplemental order. Sale of personal property. Sale of real property. of property: ^cription I 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,Iif 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 1.2006] WRIT OF EXECUTION Page 2 of 2

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