Cellspin Soft, Inc. v. Fossil Group, Inc. et al

Filing 108

WRIT of Execution issued in the amount of $100,268.11 as to Cellspin Soft Inc. (cpS, COURT STAFF) (Filed on 8/21/2018)***(original writ mailed to requesting party)***

Case 4:17-cv-05933-YGR Document 107-1 Filed 08/17/18 Page 1 of 2
EJ-130
FOR COURT USE ONLY

ATTORNEV OR PARTY WITHOUT ATTORNEY (Name, Stale 8ernuiT,t>aranaB0diBSS).

Dalla B. Kothari (SBN 299867)
FISH & RICHARDSON P.O.

500 Arguello Street, Suite 500
Redwood, CA 94063
TELEPHONE NO. 650.839.5070

FAX NO. fopffonofj; 650.839.5071

E-MAIL ADDRESS fOpLw.fi'), kotharlf^.lfr.coni

ATTORNEY FOR

FOSSIL GROUP, INC. AND MISFIT INC.

[IZ] ATTORNEY FOR | ✓ | JUDGMENT CREDITOR | | ASSIGNEE OF RECORD
SUPERIOR COURT OF CALIFORNIA, COUNTY OF US District Court ND CA
STREET ADDRESS. 1301 Clay Strcct

MAILING ADDRESS:

1301 Cisy Strcct, Oakland, CA 94612

CITY AND ZIP CODE:

Oakland, CA 94612

BRANCH NAME. Oakland Division
PLAINTIFF:

DEFENDANT:

CELLSPIN SOFT, INC.

FOSSIL GROUP, INC. AND MISFIT INC.

WRIT

CASE NUMBER:

PTI EXECUTION (Money Judgment)
•
POSSESSION OF LZ! Personal Property

OF

17-CV-05933-YGR

I 1Real Property
I

i SALE

1. To the Sheriffor Marshal of the County of: the Northern District of California
You are directedto enforce the judgment described below with daily interestand yourcosts as provided by law.
2. Toany registered process server: You are authorized to serve this writ only in accord with CCP 699.080 orOCR 715.040.

3. (Name): FOSSIL GROUP, INC. AND MISFIT INC.
is the I / Ijudgment creditor I I assignee of record whose address is shown on this form above the court's name.
4. Judgment debtor (name and last known address):
CELLSPIN SOFT, INC.

9, [
I

I See next page for information on real or personal properi to be
j
informationon
personal property
delivered under a writ of possession or sold under a writ of sale.
i This writ is issued on a sister-state judgment.

10. I
11. Total judgment

1410 Mercy Street, Mountain View, CA
9404]

$ 100,000

12. Costs after judgment (per filed order or

memo CCP 685.090)
13. Subtotal (add 11 and 12)

$ 0
$ 100,000

14. Credits

$ 0

15. Subtotal (subtract 14from 13)

$ 100,000

16. Interest after judgment (per filed affidavit

I
1 Additional judgment debtors on next page
5, Judgment entered on (date):

July 6, 2018
6 I

I Judgment renewed on (dates):

CCP 685.050) (not on GC 6103.5 fees).. . $ 268.11
17. Fee for issuance of writ

$ 0

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

$ 100,268.11

19. Levying officer:

(a) Add daily interest from date of writ
(at tfie legal rate on 15) (not on

GC 6103.5 fees) of

7. Notice of sale under this writ

a. I / I has not been requested.
b. I
i has been requested (see next page).
8.1
i Joint debtor information on next page.

699.520(1))
20. I

issued on (date).

$ |6.38

(b) Pay directly to court costs included in
11 and 17 (GC 6103.5, 68511.3; CCP

$ 0

I The amounts called for in items 11-19 are different for each debtor.
These amounts are stated for each debtor on Attachment 20.

Clerk, by

. Deputy

NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION.
Pdgo 1 of 2

Form Approved for OpUonal Use
Judicial Council of California

EJ-130(Rev January 1. 2005)

WRIT OF EXECUTION

Code of Civil Procedure, §§ 699.520,712.010,
Government Code. § 5103..S.
rtwv. couf/rnto. ca, gov

Case4:17-cv-05933-YGR

Document 107-1 Filed 08/17/18 Page 2 of 2

PLAINTIFF: CELLSPIN SOFT, INC.

CASE NUMSER:

17-CV-05933-YGR

"DEFENDANT: FOSSIL GROUP, INC. AND MISFIT INC.
— Items continued from page 1—

21.1

I Additional judgmentdebtor (name 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 (OCR 989-994)
a. on (date):

a, on (date):
b. name and address of joint debtor;

b. name and address of joint debtor:

c. I

24.1

I additional costs against certain jointdebtors (/tem/zeL

I (Writ ofPossession or Writ of Saie) Judgment was entered for the following:

a. 1

I Possession ofreal property: The complaint wasfiled 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

I The Prejudgment Claim of Right to Possession was NOT served in compliance with COP 415.46.
(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):

The judgment includes all tenants, subtenants, named claimants, and other occupants ofthe premises.

bI

I Possession of personal property.
I I If delivery cannot be had. then for the value (itemize in 9e) specified in the judgment or supplemental order.

c. I
d. I

I
I

Sale of personal property.
Sale of real property.

e. Description of property:

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 Ifthe levying officer is not able to take custody of the property, the levying
officer will 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 dale 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 thejudgment creditor in possession ofthe 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
lime the judgment creditor takes possession of the premises.
A Ciaim of Right to Possession form accompanies this writ (unless the Summons was served in compliance with CCP 415.46).
EJ-1301Rav. January 1, 2006]

WRIT OF EXECUTION

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