Cellspin Soft, Inc. v. Canon U.S.A., Inc.

Filing 98

WRIT of Execution issued in the amount of $100,300.02 as to Cellspin Soft Inc. (cpS, COURT STAFF) (Filed on 8/23/2018)***(original writ mailed to Jeffrey Ung)***

Case 4:17-cv-05938-YGR Document 97-1

Filed 08/22/18 Page 1 of 3
EJ-130

ATTORNEY ORPARTY WITHOUT ATTORNEY;

STATEBARNO.; 286374

NAME: Jeffrey Ung
FIRM NAME: Quinn Emanuel Urquhart & Sullivan LLP
STREET ADDRESS: 865 S. Figuefoa St., Floor 10
CITY: Los Angeles
state: CA
TELEPHONENO.: 213-443-3000

FOR COURT USE ONLY

zipcode: 90017

FAX NO.: 213-443-3100

E-MAIL ADDRESS: [e-mail]
ATTORNEY FOR (name): CanOn U.S.A., IHC.
I X I ORIGINAL JUDGMENT CREDITOR

|

| ASSIGNEE OF RECORD

SUPERIOR COURT OF CALIFORNIA, COUNTY OF U.S. DISTRICT COURT ND CA

STREET ADDRESS: 1301 Clay Street
MAILING ADDRESS:

CITY AND ZIPCODE: Oaklan(d. CA 94612
Oaklan(d,
BRANCH NAME

Oakland Division
CASE NUMBER:

Plaintiff: Cellspin Soft, Inc.

17-CV-05938-YGR

Defendant: Canon U.S.A., Inc.
I

nn EXECUTION (Money Judgment)

WRIT OF ••
POSSESSION OF
I I SALE

•
••

I Limited Civil Case

(including Small Claims)

Personal Property
Real Property

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 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): Canon U.S.A., Inc.
is the I X I original judgment creditor

|

| assignee of record

4. Judgmentdebtor (name, fypeof/ega/enWy/fnofa

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

9. I

I See next page forinformation on real or personal property to be

10.1

I This writ is issued on a sister-state judgment.

delivered under a writ of possession or sold under a writ of sale.

natural person, and last known address):
Cellspin Soft, Inc.
1410 Mercy Street

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

11. Total judgment (as entered or renewed)

$100,000

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

$0

13. Subtotal (add 11 and 12)
I

$100,000

12. Costs afterjudgment (CCP 685.090)

Mountain View, CA 94041

$0

15. Principal remaining due (subtract 14 from 13) $100,000
16. Accrued Interest remaining due per CCP
685.050(b) (not on GC 6103.5 fees)

$300.02

17. Fee for issuance of writ

$0

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

5. Judgment entered on (date):
July 6, 2018
6. 1
I Judgment renewed on (dates):

$100.300.02

19. Levying officer:
7.

a.

Notice of sale under this writ

a. I X I has not been requested.
b. I
I has been requested fseenexf page).
8. I

Add daily Interest from date of writ (at
the legal rate on 15) (not on GC

6103.5 fees)

$6,38

b. Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637; CCP

I Joint debtor Information on next page.

699.520(1))
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):

^

/

Clerk, by I

Deputy

NOTiCE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Form Approved for Optional Use
Judicial Counal of Catifomia

EJ-130 [Rev. January 1. 2018]

WRIT OF EXECUTION

Code of Civil Procedure. §§ 699.520,712.010.715.010
Government Code. § 6103.5
ivtwv.courfs.ca.gov

Case4:17-cv-05938-YGR Document 97-1 Filed 08/22/18 Page 2 of 3
EJ-130
CASE NUMBER:

Plaintiff: Cellspin Soft, Inc.

17-CV-05938-YGR

Defendant: Canon U.S.A., 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 (OCR 989-994)
a. on (date):
b. name, type of legal entity Ifnot a natural person, and
last known address of joint debtor:

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

c. I

24.1

I Additional costs against certain jointdebtors are itemized:

I

I Below I

I On Attachment23c

I (Writ of Possession or Writof Sale) Judgment was entered for the following:

a. O

Possession of real property: The complaintwas filed on (date):
(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 NOTserved in compliance with CCP 415.46.

(3) I

I 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) 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)

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

b. 1

I Possession of personal property.

c. I
d. I

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

I

I If delivery cannot be had, then for the value (itemize In 24e) specified in the judgment or supplemental order.

e. The property is described: I

EJ-130 [Rev. January 1.2018]

I Below I

I On Attachment 24e

WRIT OF EXECUTION

Case4;17-cv-05938-YGR Document 97-1 Filed 08/22/18 Page 3 of 3
EJ-130

Plaintiff: Ceiispin Soft. Inc.

CASE NUMBER:

17-CV-05938-YGR

Defendant: Canon U.S.A., Inc.

NOTICE TO PERSON SERVED

WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice ofLevy (form EJ-150).

IWRIT OF POSSESSION OF PERSONAL PROPERTY. If the levying officer isnot able to take custody of the property, the levying
officer wiii 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 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 wiii 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 soid or otherwise disposed of in accordance with COP 1174 uniess 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 UNITWAS FORECLOSED. Ifthe 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. Ifyou
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 soid in a foreclosure.

EJ-130 [Rev. January 1.20181

WRIT OF EXECUTION

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