Do v. Metropolitan Life Insurance Company

Filing 49

WRIT of Execution issued in the amount of $148,068.56 as to Metropolitan Life Insurance Company (cpS, COURT STAFF) (Filed on 8/22/2018)***original mailed to attorney Brian Kim***

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Case 4:16-cv-05097-CW Document 48 Filed 08/21/18 Page 1 of 2 EJ-130 ATTORNEY OR PARTY WnXOUT ATTORNEY (Nam. StatBBaf number and addraasy POR COURT USE ONLY Brian H. Kim (SEN 215492) Bolt Keenly Kim LLP 2855 Telegraph Ave., Suite 517 Berkeley, CA 94705 FAX NO. (pfidonat): (510)225-1095 TELEPHONE NO.: (510)225-0696 e-MAiLADDRESSfoptfoMfl, bkim{^bkIdlp.com ATTORNEY FOR (W8n»>; DaVld DO I / I ATTORNEY FOR JUDGMENT CREDITOR I I ASSIGNEE OF RECORD SUPERIOR COURT OF CALIFORNIA. COUNP^OF U.S. DistriCt CoUlt, N.D. Cal. sTREETADDREss: 1301 Clay StTcet UAIUNG ADDRESS: CITY AND ZIP CODE; Oakland, CA 94612 BRANCH NAME: PLAINTIFF: Oakland David Do DEFENDANT: Metropolitan Life Insurance Company WRIT OF CASE numbs;: [Z] EXECUTION (Money Judgment) • POSSESSION OF LZH Personal Property I I Real Property •• SALE 16-CV-05097-CW 1. To the Sheriff or Marshal of the County of: Alameda You are directed to enforce thejudgment described below with daily interest and your costs as provided bylaw. 2. To any registered process server: You are authorized to serve this writ only in accord with COP699,080 or COP 715.040. 3. (Name): David Do isthe L£J judgment creditor I I assignee ofrecord whose address Isshown onthis form above thecourt's name. 4. Judgment debtor (name and last known address): ' Metropolitan Life Insurance Company 9. I 1 1 See next pagefor information onreal or personal property to be delivered under a writ ofpossession orsoldunder a writ ofsale. 10. I I Thiswrit is issued on a sister-statejudgment $ 148,068.56 11. Total judgment 200 Park Avenue New York, NY 10166 12. Costs after judgment (per filed order or memo OOP 885.090) $ 13.Subtotal (add 11 and 12) $ 148.068.56 14. Credits $ 15. SiibXol3\ (subtract 14 from 13) $ 148,068.56 16. Interest afterjudgment (per filed affidavit 1 I Additional judgment debtors onnext page June 6,2018 I Judgment renewed on (ddfos;.- 7. Notice of sale under this writ a I 8.1 b, I ✓ I hasnot been requested. I has been requested (see nextpage). I Joint debtor information on next page. $ 18. Total (add 16. 16. and 17) 5. Judgment entered on (dsfe); 6.1 CCP885.050)(notcn GC 8103.5 fees)... $ N/A at this time 17. Fee for issuance of writ $ 148,068.56 19. Levying officer (a) Add daily interest from date of writ (at the legal rate on 15) (not on GO 6103.5 fees) of (b) Pay directly to court costs included in 11 and 17 (GC 6103.5, 88511.3; CCP 899.520(1)) 20. I $ $ 1The amounts called for in items 11-19 are difierent for each debtor. These amounts are stated for each debtor on Attachment 20. Issued on Cdate); Clerk, by ^ ^ • ,Deputy 1 NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION. Paqal ol2 Form Aoproved for Optiorul Use Judicial^uncll ofCalrfcxnia EJ.130 [Rev. Jarujary 1,2006J WRIT OF EXECUTION Code of CMI Procedum, §§699.520,712.010, Covemment Code, § &t03L5. wNw.DouTtinm.CQ.ga/ Case 4:16-cv-05097-CW Document 48 Filed 08/21/18 Page 2 of 2 EJ.130 PLAINTIFF: David DO CASENUMBER: "DEFENDANT: Metropolitan Life Insurance Company I6-cv-05097-CW — Items continued from page 1— 21.1 \ Additional judgment debtor(name andlastknown address): I 22. i 1 I Notice ofsalehasbeen requested by (name andaddress): I 23.1 I 1 r I Joint debtor was dedared bound bythe judgment(COP989-994) a. on (date): a. on (date): b. name and address of jointdebtor: b. name and address of jointdebtor I 1 0. I 24.1 I I additional costs against certain jointdebtors fftem/zej: I (Writ ofPossession or Writ ofSale) Judgment was entered for the following; a. I I Possession of real property: The complaint was filed on (date): (Check (1) or(2)): (1) I I The Prejudgment Claim of Right to Possession was served in compliance with COP 415.46. (2) I The judgment includes all tenants, subtenants, named claimants, and other occupants ofthe premises. IThe Prejudgment Claim of Right to Possessionwas NOT served incompliance with CCP415.46. (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): b. I I Pos^ssion of personal property. I c.I 1 Ifdeliverycannot be had, then for the value (itemizein 9e) specified in the judgment or supplemental order. I Sale ofpersonal property. d. r I Sale of real property. e. Description of property: NOTICE TO PERSON SERVED WRIT OF EXECUTION OR S^E. Your rights and duties are indicated on the accompanying Notice of Levy (Forni EJ-150). WRIT OF POSSESSION OF PERSONAL PROPERTY. Ifthe levyingofficeris not able to take custody of the property, the levying officer vWll make a demand upon you for the property. Ifcustody 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 tie occupants from the real property and place the judgment creditor inpossession ofthe property. Except fora mobile home,personal property remaining on the premises will be sold or otierwise 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 ofthe personal property notlaterthan 15 daysaflerthe time the judgment creditor takes possession of Ihe premises. A Claim of Right to Possession form accompanies this writ (unless the Summons was served in compHence with CCP 415.46). 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