Villasenor v. Community Child Care Council of Santa Clara County, Inc. et al

Filing 123

WRIT of Execution issued as to Community Child Care Council of Santa Clara County, Inc. in the amount of $1,205,377.11. (jlgS, COURT STAFF) (Filed on 9/9/2021)

Case 5:18-cv-06628-BLF Document 122 Filed 09/08/21 Page 1 of 3
123
09/09/21
EJ-130
STATE BAR NO.: SBN

ATTORNEY OR PARTY WITHOUT ATTORNEY:

157099

FOR COURT USE ONLY

Kathryn C. Curry
FIRM NAME: GCA LAW PARTNERS LLP
STREET ADDRESS: 2570 W. EL CAMINO REAL, STE 400
CITY: MOUNTAIN VIEW
STATE: CA
ZIP CODE: 94040
TELEPHONE NO.: [phone]
FAX NO.: [phone]
EMAIL ADDRESS: [e-mail]
ATTORNEY FOR (name): Plaintiff Alfredo Villasenor
NAME:

"

"

ATTORNEY FOR

ORIGINAL JUDGMENT CREDITOR

ASSIGNEE OF RECORD

SUPERIOR COURT OF CALIFORNIA, COUNTY OF US DISTRICT COURT ND Cal.
STREET ADDRESS:

280 South 1st Street

MAILING ADDRESS:
CITY AND ZIP CODE: San
BRANCH NAME:

Jose, CA 95113
Northern District Court - San Jose Division
CASE NUMBER:

PLAINTIFF/PETITIONER: ALFREDO VILLASENOR
DEFENDANT/RESPONDENT: COMMUNITY CHILD CARE COUNCIL OF SANTA CLARA
"

WRIT OF

5:18-CV-06628-BLF (SVK)
Limited Civil Case
(including Small Claims)

EXECUTION (Money Judgment)
POSSESSION OF

Personal Property
Real Property

SALE

"

Unlimited Civil Case
(including Family and Probate)

1. To the Sheriff or Marshal of the County of: LOS ANGELES
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): ALFREDO VILLASENOR
"
original judgment creditor
is the

assignee of record

4. 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.

Writ of Possession/Writ of Sale information on next page.

10.

This writ is issued on a sister-state judgment.

For items 11–17, see form MC-012 and form MC-013-INFO.
COMMUNITY CHILD CARE COUNCIL OF SANTA
CLARA COUNTY INC.

$

2,627,703.09

12. Costs after judgment (CCP 685.090)
150 River Oaks Pkwy F-1, San Jose, CA 95134
PO Box 641897, San Jose, California 95164

11. Total judgment (as entered or renewed)

$

0

13. Subtotal (add 11 and 12)

$

14. Credits to principal (after credit to interest)

$

2,627,703.09
1,467,707.82

1,159,995.27

5. Judgment entered on (date): February 4, 2021
(See type of judgment in item 22.)

15. Principal remaining due (subtract 14 from 13) $
16. Accrued interest remaining due per
$
CCP 685.050(b) (not on GC 6103.5 fees)
17. Fee for issuance of writ (per GC 70626(a)(l)) $

6.

18. TotaI amount due (add 15, 16, and 17)

$

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(j)) . . . . . . . . . . . . . . . .

$

222.46

$

0

"

"

Additional judgment debtors on next page

amended

Judgment renewed on (dates):
Amended on February 16, 2021

7. Notice of sale under this writ:
a.
has not been requested.
b.
has been requested (see next page).
8.

Joint debtor information on next page.

45,381.84
0

1,205,377.11

[SEAL]

20.

Date:

9/9/2021

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 PAGE 3 FOR IMPORTANT INFORMATION.
Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
EJ-130 [Rev. September 1, 2020]

WRIT OF EXECUTION

Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Government Code, § 6103.5
www.courts.ca.gov

Case 5:18-cv-06628-BLF Document 122 Filed 09/08/21 Page 2 of 3
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09/09/21
EJ-130

ALFREDO VILLASENOR
COMMUNITY CHILD CARE COUNCIL
Defendant/Respondent:
Plaintiff/Petitioner:

21.

"

CASE NUMBER:

5:18-cv-06628 BLF (SVK)

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

COMMUNITY CHILD CARE COUNCIL OF SANTA
CLARA COUNTY INC. EMPLOYEE PROFIT SHARING
PLAN, 150 River Oaks Pkwy F-1, San Jose, CA 95134
PO Box 641897, San Jose, California 95164

COMMUNITY CHILD CARE COUNCIL OF SANTA
CLARA COUNTY NON-QUALIFIED PENSION PLAN
150 River Oaks Pkwy F-1, San Jose, CA 95134
PO Box 641897, San Jose, California 95164

22. The judgment is for (check one):
a.
b.

wages owed.
child support or spousal support.

c.

other. ERISA pension plan benefits, past due and future, attorneys fees, pre-judgment interest

"

23.

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

24.

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 of joint debtor:

c.

Additional costs against certain joint debtors are itemized:

25.

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

below

on Attachment 24c.

(Writ of Possession or Writ of Sale) Judgment was entered for the following:
a.

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)

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 served 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.) (See CCP
415.46 and 1174.3(a)(2).)

(4) If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 25a(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):

Item 25 continued on next page
EJ-130 [Rev. September 1, 2020]

WRIT OF EXECUTION

Page 2 of 3

Case 5:18-cv-06628-BLF Document 122 Filed 09/08/21 Page 3 of 3
123
09/09/21
EJ-130

ALFREDO VILLASENOR
COMMUNITY CHILD CARE COUNCIL et al
Defendant/Respondent:
Plaintiff/Petitioner:

25. b.

CASE NUMBER:

5:18-cv-06628-BLF (SVK)

Possession of personal property.
If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order.

c.

Sale of personal property.

d.
Sale of real property.
e. The property is described

below

on Attachment 25e.

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 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. 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. 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. September 1, 2020]

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