Andrade v. Arby's Restaurant Group, Inc. et al

Filing 122

WRIT of of Execution issued as to Altamira Corporation for the County of Santa Clara in the amount of $108,126.87 after a credit of $10,413.23 from the total Judgement amount of $118,540.10 (sfbS, COURT STAFF) (Filed on 11/30/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

EJ-130
STATE BARNO.·

ATTORNEY OR PARTY WITHOUT ATTORNEY

21Q23Q

FOR COURT USE ONLY

Cary Kletter
FIRM NAME: Kletter Law
NAME:

1528 S. El Camino Real, Ste. 306
San Mateo
TELEPHONE NO [phone]
E-MAIL ADDRESS· ck![e-mail]
ATTORNEY FOR (name}: Miriam Andrade
STREET ADDRESS.

STATE:

c1rY:

~ ORIGINAL JUDGMENT CREDITOR

CA

94402

ZIP CODE:

FAX NO·

c=J

ASSIGNEE OF RECORD

U.S. DISTRICT COURT, NORTHERN DISTRICT OF CA
STREET ADDRESS· 450 Golden Gate Ave., 2oth Floor
MAILING ADDRESS:
CITY ANO ZIP CODE
BRANCH NAME

San Francisco, CA 94102
Northern District
CASE NUMBER

Plaintiff: Miriam Andrade

15-cv-03175 NC

Defendant: Altamira Corporation

D

WRIT OF c::::J POSSESSION OF

D

SALE

D
D

Personal Property
Real Property

Limited Civil Case
(including Small Claims)

D

[KJ EXECUTION (Money Judgment)

Unlimited Civil Case
(including Family and Probate)

1. To the Sheriff or Marshal of the County of: Santa Clara
You are directed to enforce the judgment described below with daily interest and your costs as provided by law.
2.
3.

To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040.
(Name): Miriam Andrade
is the

4.

[KJ

original judgment creditor

assignee of record

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

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

9. ~ 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.
10. ~ This writ is issued on a sister-state judgment.

Villamira Corporation
G9180 Liberty Street, Ste. 208
Fremont, CA 94538

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

_J
Additional judgment debtors on next page

$118,540.10

12. Costs after judgment /CCP 685.090)

b

11. Total judgment /as entered or renewed)

$0

13. Subtotal (add 11 and 12)

$118,540.10

14. Credits to principal (after credit to interest)

$10,413.23

15. Principal remaining due (subtract 14 from 13) $108.126.87

-~-------

16. Accrued interest remaining due per CCP
685.050(b) (not on GC 6103.5 fees)

7.

D

Judgment renewed on (dates):

Notice of sale under this writ
a. [ [ ] has not been requested.
b.
has been requested (see next page).

D

8. ~ Joint debtor information on next page.
[SEAL]

$0

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

6.

$0

17. Fee for issuance of writ

5. Judgment entered on (date):
12/13/16

$108,126.87

19. Levying officer:
a. Add daily interest from date of writ (at
the legal rate on 15) (not on GC
6103.5 fees).
b. Pay directly to court costs included in
11 and 17 /GC 6103 5. 68637; CCP
699. 520/i))

$

$

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

Susan Y. Soong

11/30/2020

f'.:ll=s=su=e=d=o=n=(d=a=/e=).=·========='-1_c_i_e_rk_,_b:_y=============::::;-· Deputy

f---N_O_T_IC_E_T_O_P_E_R_S_O_N_S_E_R_V_E_D_:_S_E_E_P_A_G_E_3_F_O_R_I_M_P_O_R_T_A_N_T_I_N_FO_R_M_A_T_IO_N_._~I
Form Approved for Optional Use
Judicial Counal of California
EJ-130 [Rev January 1. 2018]

WRIT OF EXECUTION

e,,,,

013

Code of C1v1I Procedure.§§ 699.520, 712.010, 715.010
Government Code,§ 6103.5

www.courts.ca.gov

EJ-130
CASE NUMBER

Plaintiff: Miriam Andrade

15-cv-03175 NC

Defendant: Altamira Corporation

21.

D

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

1
22.

1

L
D

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

1

L
23.

1
_J

D

'L
'L

i
_J

i
_J

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

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

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

1

1

1

1

Lc=J

_J

L
D

_J

c.

24.

D
a.

D

Additional costs against certain joint debtors are itemized:

Below

D

On Attachment 23c

(Writ of Possession or Writ of Sale) Judgment was entered for the following:
Possession of real property: The complaint was filed on (date):
(Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)

(1)

D

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)

D

The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.

(3)

C=:J

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

b.

D

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):

Possession of personal property.
If delivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order.
c.
Sale of personal property.
d.
Sale of real property.
e. The property is described: D
Below D
On Attachment 24e

D
D

D

EJ-130 [Rev January 1, 2018]

WRIT OF EXECUTION

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EJ-130
CASE NUMBER:

Plaintiff: Miriam Andrade

15-cv-03175 NC

Defendant: Altamira Corporation

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. If custody 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 date 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 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 CCP 117 4 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. 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 !ease 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. 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.

EJ-130 [Rev. January 1, 2018)

WRIT OF EXECUTION

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