Cellspin Soft, Inc. v. Fitbit, Inc.

Filing 102

WRIT of Execution issued in the amount of $65,942.15 as to Cellspin Soft Inc.(original mailed to Shane Brun) (cpS, COURT STAFF) (Filed on 9/26/2018)

EJ-130
ATTORNEY QR PARTY WITHOUT ATTORNEY. .

STATE BAR NO. 179079
FOR COURT use ONLY

NAME Shane Brun
Firm NAME Goodwin Procter LLP

STREET ADDRESS Three Embarcadero Center, 28th Floor

CITY San Francisco
TtiEPHONKNO

state cA

415-733-6000

FAXNO

zipcode-94111

415-677-9041

r-MAii AODRFss [e-mail]
ATTORNEY FOR Iname) Fitbit. InC.

I X I ORIGINAL JUDGMENT CREDITOR

|

| ASSIGNEE OF RECORD

SUPERIOR COURT OF CALIFORNIA, COUNTY OF US DISTRICT OF NDCA

STREET ADDRESS 1301 Clay Street
MAILING ADDRESS

CITY AND ZIP coon Oakland, C A 94612
BRANCH NAME Oakland Division

Plaintiff. Cellspin Soft, Inc.

CASENUM8ER

17-CV-05928-YGR

Defendant; Fitbit, Inc.

Q
EXECUTION (Money Judgment)
WRIT OF f 1 POSSESSION OF
j
j Personal Property
( ^1 SALE
d] Real Property

I

I Limited Civil Case

(including Small Claims)
I X I Unlimited Civil Case

(including Family and Probate)

1. To the Sheriff or Marshal of the County of: the Northern District of California

You are directed to enforce the judgment described below with daily interestand yourcosts 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): Fitbit, Inc.

is the I X I original judgment creditor |

j assignee of record

Judgment debtor (name, type of/ega/enf/fy/frjof a

I

natural person, and last known address):

I 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. {

jCellspin Soft, Inc.
11410 Mercy Street

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

I Thiswrit is issued on a sister-state judgment.

For Items 11-17, see form MC-012 and form ft/IC-013-INFO

11. Total judgment (as entered or renewed)

] Additional judgment debtors on next page

5. Judgment entered on (date):

$0

13. Subtotal (add 11 and 12)
I

$65,602.94

12. Costs after judgment (CCP 685.090)

Mountain View. CA 94041

$65,602.94

14. Credits to principal (after credit to interest)

$0

15. Principal remaining due (subtract 14 from 13) $65,602.94
16. Accrued interest remaining due per CCP

Julys, 2018

6- I

$339.21

685.050(b) (not on GO 6103.5 fees)

I Judgment renewed on (dates),

17 . Fee for issuance of writ

$0

18. Total (add 15. 16. and 17)

$65,942 15
$65,942 15

19. Levying officer:
7.

Notice of sale under this writ

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(;))

3- I X ! has not been requested.

b. I

8, [

[ has been requested (see next page),

I Joint debtor information on next page.

20.1

$4,188

$

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).

1 Clerk, by

,C
Deputy

NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
I Page1 or 3
rortn Appfoveo tofOpuonai Use
Judicial Council of California

EJ-130 [Rev January 1, 2018]

WRIT OF EXECUTION

Code of Civil Procedure, §§699 620, 712.010. 716 010

Governmenl Code, § 6103.5
ivmy courJs.ca.gov

EJ-130
CASE NUMBER.

Plaintiff: Cellspin Soft, Inc.

17-CV-05928-YGR

Defendant: Fitbit, Inc.

21,1

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

22.1

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

23.1

I Joint debtor was declared bound by the judgment (CCP 989-994)

a. on (date):

a

on (date):

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

b

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

c. I

"1

Additional costs against certain joint debtors are itemized:

I

I Below I

I On Attachment 23c

24,1
I {Writ of Possession or Writ of Sale) Judgment was entered for the following:
a, I
I Possession of real property: The complaint was filed on (dafe),(Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)

(1) I
'

I 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) I

I The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.

(3) I

1 The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (Anoccupant 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. I

I Possession of personal property.

c. i
d. 1

I Sale of personal property.
I Sale of real property.

i'

e.

1 If delivery cannot be had, then forthe value (itemize in 24e) specified in the judgmer^or supplemental order.

The' property is described: I

EJ-130 [Rev January 1,201fll

I Below |

| On Attachment 24e

WRIT OF EXECUTION

EJ-130

Plaintiff: Cellspin Soft, Inc.

CASt NUMBLR

17-CV-05928-YGR

Defendant. Fitbit, Inc.

NOTICE TO PERSON SERVED

^

WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice ofLevy (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 oemand, 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 daysafter the dateofservice on the
occupant or. if service is by posting, within f,ve days after service on you, the levying officer will remove the occupants from the real

propeity and place the judgment creditor in possession of the property, Except for a mobile home, personal property remaining on the
premises will be sold orothenAiise disposed ofin accordance with COP 1174 unless you orthe owner ofthe property pays the
judgment creditor the reasonable cost ofstorage 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 thatyou 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 mthe property until the term is up. If you have a periodic leaseor tenancy, such as from month-to-month, you may remain
in the property for 90days after receiving a notice toquit. Ablank form Claim ofRight to Possess/o/7 andNotice ofHearing (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 AFORM 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 thejudgment against you You mustcomplete the form Claim ofRight to Possession and
Notice ofHearing (form CP10) and give it to the sheriff or levying officer. Ablank form accompanies this writ. You have this right
whether or not the property you are renting was sold in a foreclosure

fc;J-130(Kcv Janua'y 1, 20181

WRIT OF EXECUTION