Cellspin Soft, Inc. v. Moov Inc.

Filing 89

WRIT of Execution issued in the amount of $47,678.27 as to Cellspin Soft Inc.(original mailed to Shane Brun) (cpS, COURT STAFF) (Filed on 10/4/2018)

EJ-.130
ATTORNEY OR PARTY WITHOUT ATTORNEY;
NAME: Shane Brun

STATE BAR NO.: 179079

FOR COURT USE ONLY

FIRM NAME: Goodwin Proctsr LLP

STREET ADDRESS: Three Embarcadero Center, 28th Floor
CITY; San Francisco
TELEPHONE NO.: 415-733-6000

state; OA

zip code: 94111

FAX NO.: 415-677-9041

E-MAIL ADDRESS: [e-mail]
ATTORNEY FOR(name); Moov Inc. d/b/a Moov Fltness Inc.

m

ORIGINAL JUDGMENT CREDITOR

CZD ASSIGNEE OF RECORD

SUPERIOR COURT OF CALIFORNIA, COUNTY OF US DISTRICT OF NDCA

STREET ADDRESS: 1301 Clay Street
MAILING ADDRESS:

CITY AND ZIP CODE

BRANCH NAME

Oakland, CA 94612
Oakland Division
CASE NUMBER;

Plaintiff; Cellspin Soft, Inc.

17-CV-05929-YGR

Defendant: Moov Inc. d/b/a Moov Fitness Inc.

I

nn EXECUTION (Money Judgment)
WRIT OF I I POSSESSION OF
I I Personal Property
I 1 SALE
I I Real Property

I Limited Civil Case

(including Small Claims)
I X I Unlimited Civil Case

(including Family and Probate)

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 interest and your costs as provided by law.
To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040.
(Name): Moov Inc. d/b/a Moov Fitness Inc.

is the I X I original judgment creditor I

I assignee of record whose address is shown on this form above the court's name.

Judgment debtor (name, type oflegal entity ifnota 9. I

I See next pagefor information on real or personal property to be

natural person, and last known address):

delivered under a writ of possession or sold under a writ of sale.
I This writ is issued on a sister-state judgment.

10.1
iCellspin Soft, Inc.
11410 Mercy Street

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

11. Total judgment (as entered or renewed)

Mountain View, CA 94041

$47,430.00

12. Costs after judgment (CCP 685.090)

5.

Judgment entered on (date):
July 6,2018
I
I Judgment renewed on (dates):

$47,430.00

14. Credits to principal (after credit to interest)
Additional judgment debtors on next page

$0

13. Subtotal (add 11 and 12)

$0

15. Principal remaining due (subtract 14 from 13) $47,430.00
16. Accrued interest remaining due per CCP
$248.27 685.050(b) (not on GO 6103.5 fees)

Notice of sale under this writ

a. nn has not been requested.
b. I
I

I has been requested (see next page).
I Joint debtor information on next page.

$0

18. Total (add 15. 16, and 17)
7.

17. Fee for issuance of writ

$47.678.27

19. Levying officer:
a. Add daily interest from date of writ (at
the legal rate on 15) (not on GO
6103.5 fees)
b. Pay directly to court costs included in
11 and 17 (GO 6103.5, 68637; CCP
699.520(1))

$3.0277

20.1

$

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):

Vj

Clerk, by

, Deputy

NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION
Page 1 of 3
Form Approved for Optional Use
Judicial Council of Califomia

EJ-130 {Rev. January 1.2018)

WRIT OF EXECUTION

Code of Qvil Procedure, S§ 699.520. 712.010.715.010
Government Code, § 6103.5
Mrww.cou<fs.C8.90v

EJ.130
CASE NUMBER:

Plaintiff: Cellspin Soft, Inc.

17-CV-05929-YGR

Defendant: Moov Inc. d/b/a Mcov Fitness Inc.

21.1

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

n

L
22.1

r

j

r

L

J

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

r

n

r

j
23.1

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

a.

a.

on (date):

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

on (date):

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

n

r

r

L

•

c. I

J

I Additional costs against certainjointdebtors are itemized:

L
I

I Below I

I On Attachment 23c

24.1 I (Writ of Possession or Writ of Sale) Judgment was entered forthe following:
a. CD Possession of real property: The complaint was filed on (date):
(Check(1) or (2). Check (3) ifapplicable. Complete (4)if (2)or (3) have been checked.)

(1) czi The Prejudgment Claim of Right to Possession wasserved In compliance with CCP 415.46. The judgment includes
all tenants, subtenants, named claimants, and other occupants of the premises.

(2) ••
(3) •

The Prejudgment Claim of Right to Possession was NOT served incompliance with CCP415.46.
The unlawful detainer resulted from a foreclosure sale ofa rental housing unit. (An occupant notnamed in the
judgmentmay file a Claim of Right to Possession at any time up to and including the timethe levying officer returns
to effect eviction, regardless of whether a Prejudgment Claim of Rightto Possession was served.) (See CCP 415.46
and 1174.3(a)(2).)

(4) Ifthe unlawful detainer resulted from a foreclosure (item 24a(3)), or Ifthe Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 24a(2)), answer the following;

(a)
(b)

b. I

c. n
d. i.

The daily rental value on the date the complaintwas filed was $
The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify):

i Possession of personal property.
I I Ifdelivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order.

Sale of personal property.

^

I Sale of real property.

e. The property is described: i

EJ-130 [Rev. January 1.20181

i Below I

I On Attachment 24e

WRIT OF EXECUTION

Page 2 of 3

EJ-130
CASE NUMBER:

Plaintiff: Cellspin Soft, inc.

17-CV-05929-YGR

Defendant: Moov Inc. d/b/a Moov Fitness Inc.

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. 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. Ifthe premises are not vacated withinfive days after the date of service on the
occupant or, ifservice 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 COP 1174 unless you or the owner of the propertypays the
judgment creditorthe reasonable cost of storage and takes possession of the personal propertynot later than 15 days after the time
the judgment creditor takes possession of the premises.
EXCEPTION IF RENTAL HOUSING UNITWAS FORECLOSED. Ifthe residential property that you are renting was sold in a

foreclosure, you have additional time beforeyou must vacate the premises. Ifyou have a lease fora fixed term, such as fora year, you
may remain in the property until the term is up. If youhavea periodic lease or tenancy, such as from month-to-month, you may remain
inthe property for 90 days afterreceiving a notice to quit. A blank form Claim ofRight to Possession and Notice ofHearing {form
CP10) accompanies thiswrit. You may claim your right to remain on the property byfilling itout and giving itto the sheriff or levying
officer.

L^nCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHTTO POSSESSION. Ifyou

were not named inthe judgment for possession and you occupied the premises on the date on which the unlawful detainercase was

filed, you may object to the enforcement ofthejudgment against you. You must complete the form Claim ofRight toPossession and
Notice ofHearing (form CP10) and give itto the sheriff or levying officer. Ablank form accompanies this writ. You havethis right
whether or not the property you are renting was sold in a foreclosure.

EJ-130 [Rev. January 1,2018)

WRIT OF EXECUTION

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