Russell E Burns et al v. Michael Heavey Construction, Inc.

Northern District of California, cand-4:2014-cv-03614

WRIT of Execution issued in the amount of $51,834.84 as to Michael Heavey Construction Inc., Michael Bart Heavey.

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EJ - 130 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): Michele R. Stafford / Adrian L. Canzoneri 172509 / 265168 Saltzman & Johnson Law Corporation 44 Montgomery Street, Suite 2110 San Francisco, California 94104 TELEPHONE NO .: (415) 882 - 7900 FAX NO .: (415) 882 - 9287 E - MAIL ADDRESS: mstafford @ sjlawcorp. com / acanzoneri @ sjlawcorp. com ATTORNEY FOR (Name): Plaintiffs ATTORNEY FOR JUDGMENT CREDITOR O ASSIGNEE OF RECORD UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA STREET ADDRESS: 1301 Clay Street MAILING ADDRESS: 1301 Clay Street CITY AND ZIP CODE: Oakland, CA 94612 BRANCH NAME: Northern District of California PLAINTIFF: Russell E. Burns, et al. DEFENDANT: Michael Heavey Construction, Inc ., et al. OF. . . . . . . $ SA CASE NUMBER: EXECUTION (Money Judgment) C14 - 3614 CW WRIT O POSSESSION OF Personal Property Real Property Limited Civil Case Small Claims Case SALE Unlimited Civil Case Other 1. To the Sheriff or Marshal of the County of: 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): Russell E. Burns, et al. is the judgment creditor O assignee of record whose address is shown on this form above the court's name. 4. Judgment debtor (name, type of legal entity stated in 9. O See next page for information on real or personal property to be judgment if not a natural person, and last known delivered under a writ of possession or sold under a writ of sale. address): 10. This writ is issued on a sister - state judgment. Michael Heavey Construction, Inc ., 11. Total judgment. . . 40, 926. 17 ' 2225 Ingalls Street 12. Costs after judgment (per filed order or San Francisco, CA 94124 memo CCP 685. 090) 15, 798. 12 13. Subtotal (add 11 and 12) . . . . . . . . . . . . 56, 724. 29 14. Credits. . . - 5, 307. 81 15. Subtotal (subtract 14 from 13) . . . . . . . . . . . $ 51, 416. 48 Additional judgment debtors on next page 16. Interest after judgment (per filed affidavit 5. Judgment entered on (date): CCP 685. 050) (not on GC 6103. 5 fees) . . $ 418. 36 October 16, 2014 17. Fee for issuance of writ 0. 00 6. O Judgment renewed on (dates): 18. Total (add 15, 16, and 17) . _ 51. 834. 84 19. Levying officer: 7. Notice of sale under this writ (a) Add daily interest from date of writ a. has not been requested. (at the legal rate on 15) (not on b. O has been requested (see next page) . GC 6103. 5 fees) of. . . . . . . . . . . . . . . . $ 1. 36 8. V Joint debtor information on next page. (b) Pay directly to court costs included in 11 and 17 (GC 6103. 5, 68637; CCP 699. 520 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0. 00 (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. GA GA GA. . . . . . . . . . . . . . . . . . . . . . . $ Issued on (date); Clerk, by, Deputy NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION. WRIT OF EXECUTION Page 1 of 2 Code of Civil Procedure, 68 699. 520, 712. 010, 715. 010 Government Code, S 6103. 5 www. courts. ca. gov Form Approved for Optional Use Judicial Council. California EJ - 130 (Rev. January, 2012) Martin Dean's ESSENTIAL FORMS OE3CL EJ - 130 PLAINTIFF Russell E. Burns, et al. CASE NUMBER: C14 - 3614 CW 21. DEFENDANT Michael Heavey Construction, Inc ., et al. - Items continued from page 1. Additional judgment debtor (name, type of legal entity stated in judgment if not a natural person, and last known address): Michael Bart Heavey 2225 Ingalls Street San Francisco, CA 94124 22. O Notice of sale has been requested by (name and address): 23. O Joint debtor was declared bound by the judgment (CCP 989 – 994) a. on (date): a. on (date): b. name, type of legal entity stated in judgment if not a b. name, type of legal entity stated in judgment if not natural person, and last known address of joint debtor: a natural person, and last known address of joint debtor: c. O additional costs against certain joint debtors (itemize): 24. 0 (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) O 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. 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. Possession of personal property. If delivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order. c. O Sale of personal property. d. 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 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 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 form accompanies this writ (unless the Summons was served in compliance with CCP 415. 46) . EJ - 130 (Rev. January 1, 2012 ] WRIT OF EXECUTION Page 2 of 2 the ESSENTIAL FORMS OE3CL Martin Dean's