Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund For Northern California et al v. Yolanda's Construction Administration & Traffic Control, Inc. et al

Filing 51

WRIT of Execution issued to the U.S. Marshal's for the Northern District of California in the Amount of $240,522.56 Against Yolanda's Construction Administration & Traffic Control, Inc. dba Yolanda's Construction and Yolanda Jones. (cjlS, COURT STAFF) (Filed on 6/22/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

EJ-130

227227
NAME: Concepcion E. Lozano Batista, CSB #227227; Tracy L. Mainguy, CSB #176928
FIRM NAME: Weinberg, Roger & Rosenfeld
STREET ADDRESS: 1001 Marina Village Pkwy, Ste. 200
CITY: Alameda
STATE: CA
ZIP CODE: 94501-1091
TELEPHONE NO.: 510-337-1001
FAX NO.: 510-337-1023
E-MAIL ADDRESS: [e-mail]
ATTORNEY FOR (name): Plaintiffs
STATE BAR NO.:

ATTORNEY OR PARTY WITHOUT ATTORNEY:

9

ORIGINAL JUDGMENT CREDITOR

FOR COURT USE ONLY

ASSIGNEE OF RECORD

USDC NORTHERN DISTRICT OF CALIFORNIA
STREET ADDRESS: 1301 Clay Street
MAILING ADDRESS:
CITY AND ZIP CODE:

Oakland, CA 94612

BRANCH NAME:
CASE NUMBER:

Plaintiff: The Board of Trustees, et al.
Defendant: Yolanda's Construction, et al.
9

WRIT OF

17-cv-03179-DMR
Limited Civil Case
(including Small Claims)

EXECUTION (Money Judgment)
POSSESSION OF
SALE

Personal Property
Real Property

9

Unlimited Civil Case
(including Family and Probate)

1. To the Sheriff or Marshal of the County of: Northern District of California
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): See Attached
9
original judgment creditor
is the

assignee of record

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

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.

10.
Yolanda's Construction Administration &
Traffic Control, Inc. dba Yolanda's Construction
280 Newhall Street
San Francisco, CA 94124

9.

This writ is issued on a sister-state judgment.

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

Additional judgment debtors on next page

5. Judgment entered on (date):
04/03/2020
6.
Judgment renewed on (dates):

$ 240,522.56

12. Costs after judgment (CCP 685.090)

$ 0.00

13. Subtotal (add 11 and 12)
9

11. Total judgment (as entered or renewed)

$ 240,522.56

14. Credits to principal (after credit to interest)

$ 0.00

15. Principal remaining due (subtract 14 from 13) $ 240,522.56
16. Accrued interest remaining due per CCP
$ 87.36
685.050(b) (not on GC 6103.5 fees)
17. Fee for issuance of writ
18. TotaI (add 15, 16, and 17)

7. Notice of sale under this writ
9
a.
has not been requested.
b.
has been requested (see next page).
8.

Joint debtor information on next page.

[SEAL]

$ 0.00
$ 240,609.92

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(i)) . . . . . . . . . . . . . . . .

$ 1.12

The amounts called for in items 11–19 are different for each
debtor. These amounts are stated for each debtor on
S D I ST R
IC
AT E
Attachment 20.
T
ST
D

NIA

HE

OR

Clerk, by

R

N

DI

L
CA

ST R I T O F
NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
C

Form Approved for Optional Use
Judicial Council of California
EJ-130 [Rev. January 1, 2018]

WRIT OF EXECUTION

, Deputy

IF

June 22, 2020

NORT

Issued on (date):

Susan Y. Soong

T

UN

UR

IT

CO

E

20.

$

Page 1 of 3

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

EJ-130
CASE NUMBER:

Plaintiff: The Board of Trustees, et al.
Defendant: Yolanda's Construction, et al.
21.

9

17-cv-03179-DMR

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

Yolanda Jones
2576 Duke Ave
San Pablo, CA 94806-3110

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

c.

24.
a.

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

Additional costs against certain joint debtors are itemized:

Below

On Attachment 23c

(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). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)
(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 24a(3)), or if the Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 24a(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):

b.

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.
c.
d.
Sale of real property.
e. The property is described:
Below
On Attachment 24e

EJ-130 [Rev. January 1, 2018]

WRIT OF EXECUTION

Page 2 of 3

EJ-130
CASE NUMBER:

Plaintiff: The Board of Trustees, et al.
Defendant: Yolanda's Construction, et al.

17-cv-03179-DMR

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. January 1, 2018]

WRIT OF EXECUTION

Page 3 of 3

MC-025
CASE NUMBER:

SHORT TITLE:

The Board of Trustees, et al. v. Yolanda's Construction, et al
ATTACHMENT (Number):

17-cv-03179-DMR
1

(This Attachment may be used with any Judicial Council form.)

3. 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 CALIFORIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA;
and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA.
220 Campus Lane
Fairfield, CA 94534-1499

(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
Form Approved for Optional Use
Judicial Council of California
MC-025 [Rev. July 1, 2009]

ATTACHMENT
to Judicial Council Form

Page

1

of

1

(Add pages as required)
www.courtinfo.ca.gov