Operating Engineers Health And Welfare Trust Fund For Northern California et al v. CARIBOU ENERGY CORPORATION et al

Filing 17

WRIT of Execution issued in the amount of $535,144.35 as to Caribou Energy Corporation, Rafael Padilla, Innerline Engineering Inc. (original mailed to Matthew P. Minser) (cpS, COURT STAFF) (Filed on 10/5/2018) Modified on 10/5/2018 (cpS, COURT STAFF).

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO.:

FOR COURT USE ONLY

NAME Matthew P. Minser, Esq. (SBN 296344)
FIRM NAME SaltzHian & Johnson Law Corporation
STREET ADDRESS 1141 Harbor Bay Parkway, Suite 100
CITY; Alameda
TELEPHONE NO : 510-906-4710

state: CA 2IPCODE:94502
FAX NO.:

E-MAIL ADDRESS: [e-mail]
ATTORNEY FOR f/ia/ne;. Plaintiffs

\n ORGINAL JUDGMENT CREDITOR •
ASSIGNEE OF RECORD
SUPERIOR COURT OF CALIFORNIA, COUNTY OF USDC, N. District of CA
STREET ADDRESS: 450 Goldcn Gatc Avcnuc
MAILING ADDRESS:

CITY AND ZIP CODE: Sau Francisco, CA 94102

BRANCH NAME: Sao Fruncisco
Plaintiff: Operating Engineers' Health And Welfare Trust Fund, et al.
Defendant: Caribou Energy Corporation, a North Dakota corporation, et al.
IXI EXECUTION (Money Judgment)
WRIT OF

•

POSSESSION OF

• SALE

•
•
^

1. To the Sheriff or Marshal of the County of:

case number:
CASE NUMBER:
C18-02086YGR
•
Limited Civil Case
(including Small Claims)

Personal Property
Real Property

m

Unlimited Civil Case
(including Family and Probate)

USDC, 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 COP 699.080 or COP 715.040.

3. (Name):
is the m

Operating Engineers' Fleaith And Welfare Trust Fund, et al.
original judgment creditor

•I assignee of record

4. Judgment debtor fname, type of legal entity if not a
natural person, and last known address):

jCaribou Energy Corporation
535 Princeland Court

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

9.a See next page for information on real or personal propertyto be
delivered under a writ of possession or sold under a writ of sale.

10. •

This writis issued on a sister-state judgment.

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

11. Total judgment (as entered or renewed)

5. Judgment entered on (date):
7/3/18

$

189,294.91

$

535,144.35

14. Credits to principal (aftercreditto interest)

$

0.00

15. Principal remaining due (subtract14 from 13) $

Additional judgment debtors on next page

345,849.44

13. Subtotal (add 11 and 12)
•

$

12. Costs afterjudgment (CCP 685.090;

Corona, CA 92879

535,144.35

16. Accrued Interest remaining due per CCP

a.dJ has not been requested.
b.a has been requested (see next page).

0.00

$

0.00

18. Total (add 15. 16. and 17)
7. Notice of sale under this writ

$

17. Fee for issuance of writ

6.a Judgment renewed on (dates):

685.05G(b) (not on GC 6103.5 fees)

$

535,144.35

19. Levying officer:
a. Add daily interest from date of writ (af
the legal rate on 15) (not on GC

6103.5 fees)

8.a Joint debtor information on next page.

b.

$

146.61

Pay directly to court costs included in

10/4/18

11 and 17 (GC 6103.5. 68637; CCP

699.520(1))

20. •

0.00

The amounts called forin items 11-19are different foreach

debtor. These amount^^ stated for each debtor on
Attachment 20.

^

Issued on (date): /

S

^

Clerk, by

^ Deputy

NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Form Approved for Optional Use
Judicial Cour^l of California
EJ-130[Rev. January 1,2018]

C-pR* Essential

JSiJUForms-

WRIT OF EXECUTION

Code of Civil Procedure, §§699.520,712.010,715,010
Government Code, § 6103.5

iwviv.courts.ca.gov

EJ-130

Plaintiff:
Defendant:

Operating Engineers' Health And Welfare Trust Fund, et al.
Caribou Energy Corporation, a North Dakota corporation, et al.

CASE NUMBER:

C18-02086 YGR

21.1X1 Additional judgment debtor (name, type oflegal entity
if not a natural person, and last known address):

I Innerline Engineering, Inc.

I Rafael Padilla

24541 Redlands Blvd, Loma Linda, CA 92354

535 Princeland Court, Corona, CA 92879

22.•

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

23.

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

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

c.a Additional costs against certain joint debtors are itemized:

a. on (date):
b. name, type of legal entity ifnot a natural person, and
la^ known address ofjoint debtor:

•

Below

•

On Attachment 23c

24. •
(Writ of Possession or Writ of Sale) Judgment was entered for the following:
a . a Possession of real property: The complaintwas filed on (date):
(Check (1) or (2). Check (3) ifapplicable. Complete (4) If(2) or (3) have been checked.)

(1) •

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) •

The Prejudgment Claim of Right to Possession was NOT sen/ed in compliance with CCP 415.46.

(3) •

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.) fSee 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) 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.a Possession of personal property.
•
Ifdelivery cannot be had. then forthe value (itemize In 24e) specified inthe judgment or supplemental order.
c.a Sale of personal property.
d.a Sale of real property.
-L
e. The property Is described: •
Below 1=1 On Attachment 24e

EJ-130 [Rev. January 1, 2016]

PfT^* I Essential

iSiJilFonTir

WRIT OF EXECUTION

EJ-130

Plaintiff:
Defendant:

Operating Engineers' Health And Welfare Trust Fund, et al.
Caribou Energy Corporation, a North Dakota corporation, et al.

CASE NUMBER:

C18-02086 YGR

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
officerwill 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 sen/ice is by posting, within five days after service on you, the levying officerwill 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 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 UNIT WAS FORECLOSED. If the residential property that you are renting was sold In a

foreclosure, you have additional time before you must vacate the premises. Ifyou have a lease for a fixed term, such as for a year, you
may remain In the property until the term Is up. Ifyou 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 Itout and giving Itto the sheriff or levying
officer.

EXCEPTION IF YOU WERE NOT SERVED WITH A FORM 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 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 sold In a foreclosure.