Mente Group LLC v. Arnell Enterprises, Inc

Filing 75

WRIT of Execution issued against Arnell Enterprises, Inc. in the amount of 260,847.36 (mcl, COURT STAFF) (Filed on 8/28/2024)

EJ-130
STATE BAR NO.:

ATTORNEY OR PARTY WITHOUT ATTORNEY:

FOR COURT USE ONLY

Sean T. Kingston
(SBN 276099)
FIRM NAME: Fisher & Phillips LLP
STREET ADDRESS: 2050 Main Street, Suite 1000
CITY: Irvine
STATE: CA
ZIP CODE: 92614
TELEPHONE NO.: [phone]
FAX NO.: [phone]
EMAIL ADDRESS: [e-mail]
ATTORNEY FOR (name): Mente Group LLC
NAME:

ATTORNEY FOR

ORIGINAL JUDGMENT CREDITOR

ASSIGNEE OF RECORD

UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

280 South 1st Street
280 South 1st Street
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME: San Jose Courthouse
PLAINTIFF/PETITIONER: MENTE GROUP LLC
STREET ADDRESS:

MAILING ADDRESS:

DEFENDANT/RESPONDENT: ARNELL

AMENDED
WRIT OF

CASE NUMBER:

20-cv-07459-VKD

ENTERPRISES, INC.

Limited Civil Case
(including Small Claims)
Unlimited Civil Case
(including Family and Probate)

EXECUTION (Money Judgment)
POSSESSION OF

Personal Property

SALE

Real Property

1. To the U.S. Marshall, 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): Mente Group LLC
is the
original judgment creditor

Judgment debtor (name, type of legal entity if not a 9.
Writ of Possession/ writ of Sale information on next page.
natural person, and last known address):
10.
This Writ is issued on a sister-state judgment.
For items 11–17, see form MC-012 and form MC-013-INFO.

Arnell Enterprises, Inc.

11. Total judgment (as entered or renewed)

$ 403,902.28

111 Main Street, Suite A

12. Costs after judgment (CCP 685.090)

$

Los Altos, CA 94022

13. Subtotal (add 11 and 12)

$ 403,902.28

14. Credits to principal (after credit to interest)

$ 158,074.02

5. Judgment entered on (date): 2/11/2022
(See type of judgment in item 22.)
6.
7.

Judgment renewed on (dates):
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.

[SEAL]

15. Principal remaining due (subtract 14 from 13) $ 245,828.26
16. Accrued interest remaining due per
CCP 685.050(b) (not on GC 6103.5 fees)
$ 15,019.10
17. Fee for issuance of writ (per GC 70626(a)(l)) $
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)) ..............................

S DISTR
IC
ATE
T
ST

T
UR
CO

$

Clerk

Mark B.Busby

NI A

HE

August 28, 2024

D

N O RT

Date:

$

The amounts called for in items 11–19 are different for each
debtor. These amounts are stated for each debtor on
Attachment 20.
UN
IT
E

20.

$ 260,847.36

Clerk, by

, Deputy

OR

Additional judgment debtors on next page

IF

4.

assignee of record whose address is shown on this form above the court’s name.

NOTICE TO PERSON SERVED: SEE PAGE
S T R I T O F 3 FOR IMPORTANT INFORMATION.
C
R

N

Form Approved for Optional Use
Judicial Council of California
EJ-130 [Rev. September 1, 2020]

DI

L
CA

WRIT OF EXECUTION

Page 1 of 3
Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Government Code, § 6103.5
www.courts.ca.gov

EJ-130

Plaintiff/Petitioner: Mente Group LLC
Defendant/Respondent: Arnell Enterprises, Inc.
21.

CASE NUMBER:

20-cv-07459-VKD

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

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

wages owed.
child support or spousal support.

c.

other.

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:

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:

25.
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

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EJ-130

Plaintiff/Petitioner: Mente Group LLC

CASE NUMBER:

20-cv-07459-VKD

Defendant/Respondent: Arnell Enterprises, Inc.
25. b.

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]

WRIT OF EXECUTION

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