Lin v. Metropolitan Life Insurance Company et al

Northern District of California, cand-4:2015-cv-02126

WRIT OF EXECUTION ISSUED as to Defendant: Metropolitan Life Insurance Company in the amount of $140,306.17.

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EJ - 130 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, State Bar number and address): Gregory G. Paul (SBN 233060) Morgan & Paul, PLLC 131 A Stony Circle, Suite 500 Santa Rosa, CA 95401 TELEPHONE NO .: (844) 374 - 7200 FAX NO. (Optional): (888) 822 - 9421 E - MAIL ADDRESS (Optional): gregpaul @ morgan - paul. com ATTORNEY FOR (Name): Plaintiff, Steve Lin ATTORNEY FOR JUDGMENT CREDITOR O ASSIGNEE OF RECORD SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: United States District Court MAILING ADDRESS: 1301 Clay Street CITY AND ZIP CODE: Oakland, CA 94612 BRANCH NAME: Northern District of California, Oakland Division PLAINTIFF: Steve Lin DEFENDANT: Metropolitan Life Insurance Co. CASE NUMBER: WRIT OF EXECUTION (Money Judgment) POSSESSION OF Personal Property Real Property ] SALE 4: 15 - 02126 SBA. 1. To the Sheriff or Marshal of the County of: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 accord with CCP 699. 080 or CCP 715. 040. 3. (Name): Steve Lin is the judgment creditor J a ssignee of record whose address is shown on this form above the court's name. 4. Judgment debtor (name and last known address): 9. O See next page for information on real or personal property to be Metropolitan Life Insurance Company delivered under a writ of possession or sold under a writ of sale. 200 Park Avenue 10. O This writ is issued on a sister - state judgment. New York, New York 10166 11. Total judgment. . . . . . . . . . . . . . $ 140, 306. 17 12. Costs after judgment (per filed order or memo CCP 685. 090) . . . . . . . . . . . . $ 13. Subtotal (add 11 and 12) . . . . . . . . . 14. Credits. . . . . . . . . . . . . .::::: 15. Subtotal (subtract 14 from 13) . . . 16. Interest after judgment (per filed affidavit Additional judgment debtors on next page CCP 685. 050) (not on GC 6103. 5 fees) . . . $ 17. Fee for issuance of writ. . . . . . . . . . . . . . $ 5. Judgment entered on (date): 09 / 27 / 2016 18. Total (add 15, 16, and 17) . . . . . . . . . . . . $ 140, 306. 17 19. Levying officer 6. O Judgment renewed on (dates): (a) Add daily interest from date of writ (at the legal rate on 15) (not on 7. Notice of sale under this writ GC 6103. 5 fees) of. . . . . . . a. A has not been requested. b. U has been requested (see next page) . (b) Pay directly to court costs included in 8. U Joint debtor information on next page. 11 and 17 (GC 6103. 5, 68511. 3; CCP 699. 520 (0)) . . . . . . . . . . . . . . $ [ SEAL) 20. The amounts called for in items 11 - 19 are different for each debtor. These amounts are stated for each debtor on Attachment 20. Ꮎ Ꮎ Ꮎ Ꮎ Ꮎ $ Issued on (date) = 8 2016 ] Clerk, by JESSIE MOSLEY, Deputy NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION. Form Approved for Optional Use Judicial Council of California EJ - 130 (Rev. January 1, 2006) WRIT OF EXECUTION Page 1 of 2 Code of Civil Procedure, S $ 699. 520, 712. 010, Government Code, S 6103. 5. www. courtinio. ca. gov FJ - 130 CASE NUMBER: 4: 15 - 02126 SBA PLAINTIFF: Steve Lin DEFENDANT: Metropolitan Life Insurance Co. - Items continued from page 1 – 21. D Additional judgment debtor (name and last known address): 2. O Notice of sale has been requested by (name and address): _ b. name and address of joint debtor. 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. _ b. O additional costs against certain joint debtors (itemize): 24. O Writ of Possession or Writ of Sale) Judgment was entered for the following: a. O Possession of real property: The complaint was filed on (date): (Check (1) or (2)): (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) D 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. O Possession of personal property. D If delivery cannot be had, then for the value (itemize in 90) specified in the judgment or supplemental order. c. O Sale of personal property. d. O Sale of real property. e. Description of property: NOTICE TO PERSON SERVED WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Lovy (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 make a demand upon you for 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. A Claim of Right to Possession for accompanios this writ (unless the Summons was served in compliance with CCP 415. 46) . EJ - 130 [ Rev. Jemery 1, 2008 ] Page 2 of 2 WRIT OF EXECUTION