Ornstein et al v. Canites et al

Filing 102

WRIT of Execution of Real Property Sale issued as to Aaren R. Canites, Gibson T. Canites, Rose Laing-Canites. (cpS, COURT STAFF) (Filed on 8/9/2019)

EJ-130
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, StaiB Barnumbor and address)

FOR COURT use ONLY

Jeffrey H. Lowenthal(SBN 111763); Thomas J. Lloyd(SBN 305507)
Steyer Lowenthal Boodrookas Alvarez & Smith LLP
235 Pine Street, 15th Floor, San Francisco, CA 94104

TELEPHONE NO (4 1 5)421-3400
FAX NO (Optional)
E-MAIL ADDRESS (Optional) tjlloyd(^steyerlaw.com
ATTORNEY FOR fAfamej Pjaiiitiffs/Judgment Creditors Gerald Omstein et al.
1  1 ATTORNEY FOR I  I JUDGMENT CREDITOR 1

1 ASSIGNEE OF RECORD

SUPERIOR COURT OF CAhiFORNiAi gouNTV OF U.S. District Court, N.D. CA

STREET ADDRESS 1301 Clay Strcct
MAILING ADDRESS

CITY AND ZIP CODE Oakland,CA 94612
BRANCH NAME Oakland Division, Northern District ofCalifornia
PLAINTIFF: Gerald Omstein, et al.
DEFENDANT: Gibson T. Canltes, et al.
1

WRIT
OF

CASE NUMBER:

1 EXECUTION(Money Judgment)

□ POSSESSION OF □ Personal Property
1 /., ! Real Property

4-18-CV-01616-PJH

CZ] SALE

1 To the Sheriff or Marshal of the County of: San Francisco, 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 accord with COP 699.080 or OCR 715 040.

3. (Name): See Attachment 3
is the 1
I Judgment creditor I

I assignee of record

4 Judgment debtor (name and last known address)

whose address Is shown on this form above the court's name.
9. i

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.

' Aaren R. Canites
448 15th Ave.

10. I

San Francisco, CA 94118

11. Total judgment
12. Costs after judgment (per filed order or
memo OOP 685.090)

I Gibson T. Canites

13. Subtotal (add 11 and 12)

448 15th Ave.

$
$

$

I

i / I Additional judgment debtors on next page
5 Judgment entered on (date):

$

15. Subtotal (subtract 14 from 13)

_

$

16. Interest after judgment (per filed affidavit
CCP 685.050) (not on GC 6103.5 fees).
17. Fee for issuance of writ

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

July 9, 2019
6 I

.

14. Credits

San Francisco, CA 94118
I

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

I Judgment renewed on (dates):

7. Notice of sale under this writ

a.CZ] has not been requested.
b. I I has been requested (see next page).
8. 1 I Joint debtor information on next page.
ISEAL]

19. Levying officer:
(a) Add daily interest from date of writ
(at the legal rate on 15) (not on •
GC 6103.5 fees) of.
(b) Pay directly to court costs included in
11 and 17 (GC 6103.5, 68511.3; CCP
699 520(i))

20. I

Issued on (date):

$

I The amounts called for in items 11-19 are di^rent for each debtor.

These amounts are stat^fbr each debtor^Attachment 20.
Clerk, by

, Deputy
-r

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

Form Approved for Optional Use
Judicial Council of California

EJ-130 [Rev. January 1. 2006)

WRIT OF EXECUTION

Code of Civil Procedure, §§ 699 520, 712.010,
Government Code, §
wm.coMtiinro.ca.gov

EJ-13Q

PLAINTIFF: Gerald Ornstein, et al.

CASE NUMBER;

4-18-CV-01616-PJH

DEFENDANT: Gibson T. Canites, et al.
— Items continued from page 1-

21. j / I Additional judgment debtor(name and last known address): I
1
I

Rose Liang-Canites
448 15th Ave.

San Francisco, CA 94118
J

22. 1

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

J

23. 1

I Joint debtor was declared bound by the judgment(CCP 989-994)
a. on (date):
b. name and address of joint debtor:

a. on (date):

b. name and address of joint debtor

I

1

c. I

r—

I additionai costs against certain joint debtors (itemize):

24.1 / I (Writ ofPossession or Writ of Sale) Judgment was entered for the following:
a. I
I Possession of real property: The complaint was filed on (date):
(Check (1) or(2)):

(1) I
(2) 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.
I The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 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):

b.I

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

I

Sale of personal property.

d.["71 Sale of real property.
e. Description of property:

The real property commonly known as 448 15th Avenue, San Francisco, CA 94118(APN Block
1350, Lot 020), and legally described in Exhibit 1 hereto.

NOTICE TO PERSON SERVED

WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy(Form EJ-15D).

WRIT OF POSSESSION OF PERSONAL PROPERTY. If the levying officer is not able to take custody of the property, the levying
officer will make a demand upon you for the property. If custody is not obtained following demand. the|i)dgment 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 r^ove the occupants from the real
property and place the judgment creditor In possession of the property. Except for a mobile hom§; personal property remaining on

the premises will be sofd 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 thetime the judgment creditor lakes possession of the premises. ^

^

A Claim ofRight to Possession form accompanies this wnt(unless the Summons was server^ compliance with CCP 415.46).
EJ-130[Rev. Januaiy 1,2006]

Page 2of 2

WRIT OF EXECUTION

CASE NUMBER:

SHORT TITLE:

Gerald Omstein, et al. v. Gibson T. Canites, et al.
1

4-I8-CV-01616-PJH

ATTACHMENT 3

2

3

4

Plaintiffs Gerald Ornstein, John P. Hunter,IRA Services Trust Company CFBO Joan Faye Cantrock IRA,

5

Norman C. Schultz, Trustee of The Norman C, Schultz Trust under Declaration ofTrust dated 8/30/2012,

6

Richard Gonerko and Diana Ferrari, Trustees ofthe Exempt Trust Share for Richard Gonerko created

7

under the Marie Eugenia Zonn Trust Agreement dated October 9, 1990 FBO Richard Gonerko, J. Robert

8

Taylor and Donna C. Taylor, Trustees of2005 Taylor Family Trust, Eva Hindahl, trustee of The Eva

9

Hindahl, Separate Property Living Trust Dated 06/30/2014, Robert J. Accinelli, trustee ofthe Robert John

10

Accinelli Inter Vivos Trust UA 06/15/1994, Gerald C. Vanoli and Lorraine A. Vanoli, and Theodore J.

11

Gradman Ph. D.401K Plan

12
13
14
15

16

17
18
19

20

21

22

23
24

25
26

(Required for verified pleading) The items on this page stated on Information and belief are (specify item numbers, notline
numbers):

27

This page may be used with any Judicial Council form or any other paper filed with the court
Page

Form Approved by the

m1^2o iN8w"ja'^^^^

ADDITIONAL PAGE
:herCou
Council Form or Other Court Paper

crc 201.soi

LexisNexis® Automated California Judicial Council Forms

A.P.N.: BLK: 1530 LOT:020

rOMMPKinNG AT A POINT ON THE EASTERLY UNE OF FIFTEENTH AVENUE, DISTANT THEREON 291 FKT11-

1/2 INCHES SOUTHERLY FROM THE SOUTHERLY LINE OF GEARY STREET; AND RUNNING THENCE SOUTHERLY

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MO^OR ISS TO THE EASTERLY BOUNDARY UNE OF PLEASANT VALLEY HOMESIEAO

^^S^TON M^ER MAP THEREOF RECORDED MARCH 21,1B70,IN THE OFFICE OFTHE RECORDER OF THE
OF SAN FRANOSX),STATE OF CAUFORNIA; THENCE NORTH 12-l/4« WEST 25 FEET AMD

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easterly UNE OF ISTH AVENUE ANDTHE POINTCF

COMM»ICEMENT.

cv< uLrnhiT* twfrffrom ALL METALS AND MINERALS, AND ALL OIL, GAS AND OTHER HYDROCARBON

SSS™NSNDE^rUN^^^^^^

CONVEYERTOGETHER WrtH THE RIGHTTO ENTER UFM

TOR me PURPOSE OF PROSPECTING, DEVELOPING AND EXTRACTTNG THE SAME, AND TO

wmE SURW^ w^
ano the underground watertherein as maybe
SUCH PROSPEOTNG,DEVEU3PMENT AND EXIRACTlNfi ANO
T^CTOMGE AIW^TM^OFTHE METALS AND MINERALS,AND OFTHE OIL,GAS AND OTHER

rILoNmI?^NEC^Y IN

JJm^ARBTN SUBSTANCES AND FOR THE ERECHON, MAINTENANCE, REPAIR AND REPLACEMENT OF All

crRlimJRES CUSTOMARILY USED IN CONNECTION WTTH SUCH PROSPECTING, DEVELOPMENT, ElfTRACTlON,
RKWWNG THE RIGHT TO ENTER INTO ANY AND HX AGREEMENTS FOR

™f^J^ON^D^^ON OT ^YOIL,GAS OR OTHER HYDROCARBON SUBSTANCES UNDER

ORAGf^ENTS WHEREUNDER THE OIL. GAS,AND OTHER HYDROCARBON SUBSTANCES
m OB
I^OR NHCH^^^ WNDS MAY BE EXTRACTED BY MEANS OF WELIS LO^O
™ ™pS
]^EW cSeD OR ON other lANDS IN THE SAME OIL OR GAS FIELDS, AS RESERVED IN
TOE^IeO
FOR CRIPPLED CHILDREN,RECORDED MARCH 13,1987,IN BOOK
E297, PAGE 1025, OFRQAL RECORDS.