An affidavit of identity is “an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment.” (Code of Civ. Proc., § 680.135.)
Legal Standard
A “writ of execution must be issued in the name of the judgment debtor listed on the judgment, but it may also include the additional name or names by which the judgment debtor is known, as set forth in an affidavit of identity filed by the judgment creditor with the application for issuance of the writ.” (8 Witkin, Cal. Proc. (5th ed. 2008) Enf. Judgm. § 110; Code of Civ. Proc., §§ 699.510(c)(1), 680.135.)
“The ‘affidavit of identity’ is not a procedure for adding new debtors to the judgment: The affidavit of identity must not include the name or names of persons not separately named in the judgment, including any corporations, partnerships or other legal entities in which the judgment debtor is a partner, shareholder or member.” (Weil & Brown, Cal. Prac. Guide: Enf. J. & Debt (The Rutter Group 2019) ¶ 6:181.3; Code of Civ. Proc., § 680.135.)
“The court must approve the affidavit of identity before the clerk’s certification of an abstract containing additional names by which the judgment debtor is known. The court will authorize the certification if it determines (without a hearing or notice) that the affidavit of identity states sufficient facts upon which the judgment creditor has identified the judgment debtor’s additional names.” (Weil & Brown, Cal. Prac. Guide: Enf. J. & Debt (The Rutter Group 2019) ¶ 6:181.3; Code of Civ. Proc., § 674(c)(1).)
Procedure
“The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment debtor’s additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.” (Code of Civ. Proc., § 680.135.)
MOTION TO QUASH WRIT OF EXECUTION AND FOR ATTORNEY’S FEES
TENTATIVE RULING:
Non-party Moon Ki Kim’s Motion to Quash Writ of Execution and for Attorney’s Fees is GRANTED.
ANALYSIS:
I. Background
On August 14, 2013, an unlimited jurisdiction court entered a stipulated judgment pursuant to CCP § 664.6 in favor of Judgment Creditor Daisy Sandoval (“Judgment Creditor”) and Judgment Debtor Law Offi...
..Kim aka Moon Kim” or “Moon Kim dba Law Offices of Moon Kim.” Soon after, Judge Moreton issued a Writ of Execution to levy Kim’s personal bank accounts. On August 1, this case was reassigned from Judge Moreton in Dept. 44 to Dept. 94 in limited jurisdiction court.
Before the Court is Kim’s Motion for an Order to Recall the Writ of Execution, to Vacate Order on Affidavit of Identity, to Release Pr...
# 4. Dien, Inc. v. Bertling Logistics, Inc.; Exchange Logistics
Case No.: TS019042
Matter on calendar for: Motion to Compel & Motion for Order Issuing Amended Writ of Execution
Tentative ruling:
I. Background
On February 2, 2016, Plaintiff Dien, Inc. filed an application for entry of judgment on a sister-state judgment and issuance of writ of execution. Notice of Entry of Judgment was filed...
..fendant from the sale, alienation, mortgage, lien, encumbrance, advancement, cashing or negotiation, or receipt or exploitation of any of the accounts under CCP § 708.520(a). The Court denied Plaintiff’s request for a turnover order, as no writ of execution had been issued. The Court’s Order was issued June 20, 2016.
On September 29, 2016, the Court denied Plaintiff’s motion for appointment of a...
Plaintiffs/judgment creditors Jack Carskaddon and Jill Carskaddon's (together, "Plaintiffs") verified application for post-judgment orders is unopposed and is GRANTED as follows.Plaintiffs are brother and sister who obtained a judgment in their favor in a wrongful death suit against Defendant/judgment debtor Don Carskaddon ("Defendant"), who murdered Plaintiffs' father. The Abstract of Judgment st...
..laintiffs assert they are now financially able to take the Subject Property and make monthly payments on the underlying mortgage. They further assert that their grandmother, Ada Carskaddon, who held a life estate to reside on the Subject Property and was the only individual to record a Declared...
MOTION TO QUASH WRIT OF EXECUTION AND FOR ATTORNEY’S FEES
TENTATIVE RULING:
Non-party Moon Ki Kim’s Motion to Quash Writ of Execution and for Attorney’s Fees is GRANTED.
ANALYSIS:
I. Background
On August 14, 2013, an unlimited jurisdiction court entered a stipulated judgment pursuant to CCP § 664.6 in favor of Judgment Creditor Daisy Sandoval (“Judgment Creditor”) and Judgment Debtor Law Offi...
..Kim aka Moon Kim” or “Moon Kim dba Law Offices of Moon Kim.” Soon after, Judge Moreton issued a Writ of Execution to levy Kim’s personal bank accounts. On August 1, this case was reassigned from Judge Moreton in Dept. 44 to Dept. 94 in limited jurisdiction court.
Before the Court is Kim’s Motion for an Order to Recall the Writ of Execution, to Vacate Order on Affidavit of Identity, to Release Pr...
IEAC v. Brand, et al.
MOTION TO INCLUDE ADDITIONAL NAMES TO WRIT OF EXECUTION OR ABSTRACT OF JUDGMENT
(CCP § 680.135)
TENTATIVE RULING:
Plaintiff / Judgment Creditor Interinsurance Exchange of the Automobile Club’s Motion to Include Additional Names to Writ of Execution or Abstract of Judgment is GRANTED.
ANALYSIS:
I. Background
On January 22, 2018, the Court entered default judgment on thi...
..rri Jackson.” (Affidavit of Identity and Order ¶ 4.) The court clerk rejected that Affidavit. As a result, Judgment Creditor brough the instant Motion to Include Additional Names to the Writ of Execution or Abstract of Judgment (the “Motion”) on April 24.
II. Legal Standard
“The writ of execution must be issued in the name of the judgment debtor listed on the judgment, but it may also include th...
Timothy J. Tyler II’s motion to strike affidavit and motion to vacate the judgment are DENIED.
Background
Plaintiff Ford Motor Credit Company brought suit against Timothy T. Tyler II (“T. Tyler”) in 1994, alleging T. Tyler had purchased a vehicle and failed to make all necessary payments thereon.
On May 26, 1994, default judgment was entered in the total amount (including interest, attorney’s f...
..tempted to execute the judgment against Timothy J. Tyler II (“J. Tyler”). J. Tyler filed a claim of exemption, which was granted on June 13, 2017, on the ground that the judgment was solely as to T. Tyler, not J. Tyler.
On August 08, 2017, Plaintiff filed an Affidavit of Identity and Order, declaring that T. Tyler and J. Tyler were the same person, based on a search of the LexisNexis Accurint p...
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John F. Bradley, Jr., Bar No. 166153
Attorney at Law
28 North First Street, Suite 400
San Jose, CA 95113-1210
408-998-2000
Attorney for Noe Madrigal
SUPERIOR COURT OF CALIFORNIA.
SANTA CLARA COUNTY, UNLIMITED CIVIL JURISDICTION
NOE MADRIGAL, Case No.: 110CV184285
Plaintiff, DECLARATION OF JOHN F. BRADLEY,
JR. IN SUPPORT OF MOTION BY
JUDGMENT CREDITOR NOE
MADRIGAL FOR ASSIGNMENT ORDER|
Date:
Time: 9:00 a....
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John F. Bradley, Jr., Bar No. 166153
Attorney at Law
28 North First Street, Suite 400
San Jose, CA 95113-1210
408-998-2000
Attorney for Noe Madrigal
SUPERIOR COURT OF CALIFORNIA
SANTA CLARA COUNTY, UNLIMITED CIVIL JURISDICTION
NOE MADRIGAL, } Case No.: 110CV184285
Plaintiff, ) MEMORANDUM OF POINTS &
AUTHORITIES IN SUPPORT OF
MOTION BY JUDGMENT CREDITOR
NOE MADRIGAL FOR ASSIGNMENT
Date:
Time: 9:00 a.m.
De...
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JOHN D. SUHR #083023
Attorney at Law
757 “L” Street
Fresno, CA 93721
Telephone: (559) 266-3327
Facsimile: (559) 268-7632
Attorney for Assignee of Record,
CREDITORS BUREAU USA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CENTRAL DIVISION-UNLIMITED CIVIL
RON BOGLEY, Case No.: 17CECG04116
Plaintiff,
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Based on ...
CONcoRD, CA 94520
TELEPHONE: 925.689-.7070
FACSIMILE: 925.689.7077
ZWICKER & ASSOCIATES, P.C.
1320 WILLow Pass Roan, SUITE 730
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JANET L. BROWN (State Bar No. 208602)
JESSICA M. GARCIA (State Bar No. 314298)
ANDREW GOKOFFSKI (State Bar No. 321272)
ZWICKER & ASSOCIATES, P.C.
1320 WILLOW PASS ROAD, SUITE 730
CONCORD, CA 94520
Telephone: (925)689-7070
Facsimile: (925)689-7077
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
SAN...
1 Glenn Ward Calsada, Esq., SBN 134589
Law Offices of Glenn Ward Calsada
2 23283 Ventura Boulevard ELECTRONICALLY
Woodland Hills, CA 91364
3 Telephone: (818) 477-0314 F I L E D
Facsimile: (818) 473-4277 fax ...
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, ~:. = number, and address):
JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 / ANDREW GOKOFFSKI CA#
321272
ZWICKER & ASSOCIATES, P.C.. A Law Firm Engaged in Debt Collection
1320 WILLOW PASS ROAD, SUITE 730
CONCORD, CA 94520
TELEPHONE NO: (925)689-7070 TELEPHONE NO: (925)689-7070
E-MAIL ADDRESS (Optonay: [email protected]
ATTORNEY FOR (Name): U.S. BANK NATIONAL ASSOCIATION
SUPERIOR COURT OF CALIFORNIA, COUN...
SUM-100
FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
SUMMONS
(CITATION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
Weihua Zhen
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDADO EL DEMANDANTE):
Absolute Resolutions Investments, LLC
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file ...
SUM-100
(CITACION JUDIC MAL) (S010 PAPA USODDELA CORTE)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
PHILIP J NICHOLSEN
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
Portfolio Recovery Associates, LLC
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at thi...
SUM-100
(CITAGION VUDICIAL) (G0L0 PANNA USO DELACORTE)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
MAI Y THANH
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
Portfolio Recovery Associates, LLC
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court an...
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Gloria Zarco (CASB #199702)
Kimberlee Tsai (CASB #227426)
Rachel Haney (CASB #308259)
Christina Melhouse (CASB#201818)
9320 East Raintree Drive
Scottsdale, AZ 85260 .
Telephone: (877) 344-4002 THE CASE HAS BEEN ASSIGNED TO
Fans (877) 75) 6335 “JUDGE GEORGE J. ABDALLAH, JA. IN
Attorneys for Plaintiff, DEPARTMENT 10A FOR ALL PURPOSES,
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SUM-100
SUMMONS (s0L0 PARA USO DE LA CORTE)
(CITATION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
Jennivie Rulete
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDADO EL DEMANDANTE):
Absolute Resolutions Investments, LLC
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written respons...
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GURSTEL LAW FIRM, P.C.
Gloria Zarco (CASB #199702)
Kimberlee Tsai (CASB #227426)
Rachel Haney (CASB #308259)
Christina Melhouse (CASB#201818)
9320 East Raintree Drive
Scottsdale, AZ 85260
Telephone: (877) 344-4002 THIS CASE HAS BEEN ASSIGNED To
Fax: (877) 750-6335 JUDGE CARTER P. HOLLY IN
Attorneys for Plaintiff, . DEPARTMENT 10B FOR ALL PURPOSES)
Absolute Resolutions Investments, LLC INCLUDING TRIA...
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(SOLO PARA USO DE LA CORTE)
NOTICE TO DEFENDANT:
{AVISO AL DEMANDADO):
KEVIN PHOMMA and DOES 1-10, inclusive ~
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
U.S. BANK NATIONAL ASSOCIATION
INOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.
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(AVISO AL DEMANDADO):
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(LO ESTA DEMANDANDO EL DEMANDANTE):
U.S. BANK NATIONAL ASSOCIATION
INOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.
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1|| JANET L. BROWN (State Bar No. 208602)
JESSICA M. GARCIA (State Bar No. 314298)
2|| ANDREW GOKOFFSKI (State Bar No. 321272)
ZWICKER & ASSOCIATES, P.C.
3|| 1320 WILLOW PASS ROAD, SUITE 730
CONCORD, CA 94520
4\| Telephone: (925)689-7070
5 Facsimile: (925)689-7077
6 Attorneys for Plaintiff
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
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SAN FRANCISCO JUDICIAL DISTRICT — LIMITED CIVIL CASE
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151 BERNAL ROAD SUITE 8
‘SAN JOSE CALIFORNIA 95119
‘TELEPHONE: (408) 362-2270
FACSIMILE: (408) 362-2299
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Michael S. Hunt #99804 FILED
. Janalie Henriques #111589 HOR CouRI-STOCK TON
Emily Collins #311804 4
HUNT & HENRIQUES, Attorneys at Law 200 FEB 20 PH 2:92
151 Bernal Road Suite 8, San José CA 95119-1306 4 4
Telephone: (800) 680-2426
Facsimile: (408) 362-2299
Attomeys for Plaintiff
File no. 1369304.001
SUPERIOR COURT OF ...
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ATTORNEY. OR PARTYWITHOUT ATTORNEY (Name, State Bar number, and. address): FOR COURT-USE ONLY
FLINT C. ZIDE (SBN 160369) / SARKIS S. KARAYAN (SBN 316926)
LAW OFFICE OF HARRIS AND ZIDE
1445 HUNTINGTON DR. SUITE 300
SOUTH PASADENA, CA 91030
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151 BERNAL ROAD SUITE 8
‘SAN JOSE CALIFORNIA 95119
TELEPHONE: (408) 362-2270
FACSIMILE: (408) 362-2299
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Michael S. Hunt #99804 SUscaiae o
Janalie Henriques #111589 SUPERIOR COURT
Josie Zimmermann #324511 anny
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151 Bernal Road Suite 8, San José CA 95119-1306 _
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MANDARICH LAW GROUP, LLP
P.O, Box 109032 Chicago, IL 60610
Phone: 877.285.4918
Facsimile: 818-888-1260
Attorneys for Plaintiff: LVYNV FUNDING LLC DEPUTY
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SUPERIOR COURT OF THE STATE OF CALIFORNIA * so
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FILED
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JORDAN D. COOK (CA BAR 179720)
ILORI N. WILLIAMS (CA BAR 242985) a0 FEB 19. PM 12: 32
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PORTFOLIO RECOVERY ASSOCIATES, LLC” Ris.
10680 Treena St., Ste 500 BY -——TEBUTY
San Diego, CA 92131 . 537 302-
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File No, 23380057
SUPERIOR COURT OF CALIFORNIA
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Phone: 877.285.4918
Facsimile: 818-888-1260
Attorneys for Plaintiff; LVNV FUNDING LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN JOAQUIN.- LIMITED____
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P.O. Box 109032 Chicago, IL 60610
Phone: 877.285.4918
Facsimile: 818-888-1260
Attorneys for Plaintiff: LVNV FUNDING LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE COUNTY OF SAN JOAQUIN - LIMITED
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