On March 22, 2016 a
Proof of Service
was filed
involving a dispute between
American Express Centurion Bank, A Utah State Chartered Bank,
and
Benitez, Maria P.,
for Collections-CRC3.740
in the District Court of San Bernardino County.
Preview
L
EJ 130
F YORNEY OR P4RTY WITHOUT ATTORNEY Name tate Bar ny ber aRdaddress FOR COURT USE ONLY
Lina Ni Michael Esq SBN 23 42 Ti fanie Brown Esq SBI I 271230
1VIICHAEL ASSGi IATES PC
555 St Charles Dr 204
Thousand Oaks CA 91360
TELEPHONE NO gS S OS 4 OS FAX NO gOS 3 9 OSZS
PEp O Ft
SAN F
nrroRNEv FOR Neme American Express Centurion Bank a Utah State Chartered Bank gERN R AN gA
No C vr ARDIh O
NA
O ATTORNEY FOR X JUDGMENT CREDITOR ASSIGNEE OF RECORD
L IVIS QN
SUPERIOR COURT OF CALIFORNIA
STREETADDRESS Zy7 W Tlllyd St
COUNn oF SAN BERNARDINO
NOV 2 O ZO
MAILING ADDRESS Sat T e ybQVe
V CtTY AND ZIP CODE Sa11 BeCT1aCd111O 9GY 1 S
Bw NCH NAME San Bernardino Justice Center
P a iNTiFF American Express Centurion Bank a Utah State Chartered Bank
v
DEFENDANT Mclfla P Benitez et al
CASE NUMBER
0 EXECUTION Money Judgment
WRIT CN DS 1604123
pOSSESSION OF 0 Personal Properly
OF 0 Real Property 0 Limited Civil Case 0 Small Claims Case
SALE 0 Unlimited Civil Case Other
1 To the Sheriff or Marshal of the County of Ventura
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 American Express Centurion Bank a Utafi State Chartered Bank
is the judgment creditor 0 assignee of record whose address is shown on this form above the court s name
4 Judgment debtor name type oflegal entity stated in g See next page for information on real or personal property to be
judgment if not a natural person and ast 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
a
M P Benitez aka Maria Delcarmen 11 Total judgment 5 289 54
12 Costs after judgment per filed order or
Benitez aka Maria Azucena Benitez an
individual
memo CCP 685 090 0 00
13 Subtotal add 11 and 12 5 289 54
13667 MAYFLOWER ST
14 Credits 0 00
VICTORVILLE CA 92392
J 15 Subtotal subtract 14 from 13 5 289 54
16 Interest after judgment per filed affidavit
Q Additional judgment dsbtors on next pac e
CCP 685 G50 not on GC C103 5 fees 0 00
V 5 Judgment entered on date 12 9 2016
17 Fee for issuance of writ 25 00
18 Total add 15 16 and 17 5 314 54 p
6 0 Judgment renewed on dates
19 Levying officer
7 Notice of sale under this writ a Add daily interest from date of writ
at the legal rate on 15 not on
a has not been requested
GC 6103 5 fees of 0 00
b 0 has been requested see next page
b Pay directly to court costs included in
8 Joint debtor infc r ation on next page
11 and 17 GC 6103 5 68637
CCP 699 520 i 0 00
sEu
20 0 The amounts callecJ for in items 11 19 are different for each debtor
ItT
OF
d
These amounts are stated for each debtor on Attachment 20
t
E P N9 iCi
o
y
m Issued on date AI 201 Clerk by Depury
o E S
n Q
rt NOTICE TO PEFtSON SERVED SEE NEXT PAGE FOR IMPORTANT INFORMATION
r
1 1 1n K
a
Page t of 2
Form Approved for Optional Use Code of Civil Procedure 699 520 712 010 715 010
JudicialCouncilofCalifomia WRIT OF EXECUTION
Govemment Code 6103 5
EJ 130 Rev January 1 2012 16013294
www courts ca gov
LexisNexisi Automated Ca ifornia Judreial Counci Forms
EJ 130
u iNriFF American Express Centurion Bank a Utah State Chartered Bank CASE NUMBER
CIV DS1604123
DEFENDANT M2f13 P B0rilt0Z et al
Items continued from page 1
21 0 Additional judgmsnt debtor name type of lega entity stated
injudgment ifnot a natural person and last known address
22 0 Notice of sale has been requested by name and address
1
J
23 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 judgrr ent if not
natural person and last known address of joint debtor a natural person and last known addresrof jomt d ebtor
A
1
G
J
yi
z u
x x1 y
V
j
t
t k i1 i i i
1 A k
y
1
c 0 addition costs against certain joint debtors itemize x r
s y
24 Writ of Possession or Writ of Sale Judgment was entered for the following
a 0 Possession of real property The complaint was filed on date
Check 1 or 2
1 0 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 0 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 0 Possession of personal property
0 If delivery cannot be had then for the value itemize in 24e specified in the judgment or supplemental order
c 0 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 POSSESSI JF 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 th s writ unless the Summons was served in compliance with CCP 415 46
Page 2 of 2
EJ 130 Rev January 1 2012
WRIT OF EXECUTION
LexrsNexis Automated California Judicial Council Forms
Document Filed Date
November 20, 2017
Case Filing Date
March 22, 2016
Category
Collections-CRC3.740
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
L EJ 130 F YORNEY OR P4RTY WITHOUT ATTORNEY Name tate Bar ny ber aRdaddress FOR COURT USE ONLY Lina Ni Michael Esq SBN 23 42 Ti fanie Brown Esq SBI I 271230 1VIICHAEL ASSGi IATES PC 555 St Charles Dr 204 Thousand Oaks CA 91360 TELEPHONE NO gS S OS 4 OS FAX NO gOS 3 9 OSZS PEp O Ft SAN F nrroRNEv FOR Neme American Express Centurion Bank a Utah State Chartered Bank gERN R AN gA No C vr ARDIh O NA O ATTORNEY FOR X JUDGMENT CREDITOR ASSIGNEE OF RECORD L IVIS QN SUPERIOR COURT OF CALIFORNIA STREETADDRESS Zy7 W Tlllyd St COUNn oF SAN BERNARDINO NOV 2 O ZO MAILING ADDRESS Sat T e ybQVe V CtTY AND ZIP CODE Sa11 BeCT1aCd111O 9GY 1 S Bw NCH NAME San Bernardino Justice Center P a iNTiFF American Express Centurion Bank a Utah State Chartered Bank v DEFENDANT Mclfla P Benitez et al CASE NUMBER 0 EXECUTION Money Judgment WRIT CN DS 1604123 pOSSESSION OF 0 Personal Properly OF 0 Real Property 0 Limited Civil Case 0 Small Claims Case SALE 0 Unlimited Civil Case Other 1 To the Sheriff or Marshal of the County of Ventura 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 American Express Centurion Bank a Utafi State Chartered Bank is the judgment creditor 0 assignee of record whose address is shown on this form above the court s name 4 Judgment debtor name type oflegal entity stated in g See next page for information on real or personal property to be judgment if not a natural person and ast 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 a M P Benitez aka Maria Delcarmen 11 Total judgment 5 289 54 12 Costs after judgment per filed order or Benitez aka Maria Azucena Benitez an individual memo CCP 685 090 0 00 13 Subtotal add 11 and 12 5 289 54 13667 MAYFLOWER ST 14 Credits 0 00 VICTORVILLE CA 92392 J 15 Subtotal subtract 14 from 13 5 289 54 16 Interest after judgment per filed affidavit Q Additional judgment dsbtors on next pac e CCP 685 G50 not on GC C103 5 fees 0 00 V 5 Judgment entered on date 12 9 2016 17 Fee for issuance of writ 25 00 18 Total add 15 16 and 17 5 314 54 p 6 0 Judgment renewed on dates 19 Levying officer 7 Notice of sale under this writ a Add daily interest from date of writ at the legal rate on 15 not on a has not been requested GC 6103 5 fees of 0 00 b 0 has been requested see next page b Pay directly to court costs included in 8 Joint debtor infc r ation on next page 11 and 17 GC 6103 5 68637 CCP 699 520 i 0 00 sEu 20 0 The amounts callecJ for in items 11 19 are different for each debtor ItT OF d These amounts are stated for each debtor on Attachment 20 t E P N9 iCi o y m Issued on date AI 201 Clerk by Depury o E S n Q rt NOTICE TO PEFtSON SERVED SEE NEXT PAGE FOR IMPORTANT INFORMATION r 1 1 1n K a Page t of 2 Form Approved for Optional Use Code of Civil Procedure 699 520 712 010 715 010 JudicialCouncilofCalifomia WRIT OF EXECUTION Govemment Code 6103 5 EJ 130 Rev January 1 2012 16013294 www courts ca gov LexisNexisi Automated Ca ifornia Judreial Counci Forms EJ 130 u iNriFF American Express Centurion Bank a Utah State Chartered Bank CASE NUMBER CIV DS1604123 DEFENDANT M2f13 P B0rilt0Z et al Items continued from page 1 21 0 Additional judgmsnt debtor name type of lega entity stated injudgment ifnot a natural person and last known address 22 0 Notice of sale has been requested by name and address 1 J 23 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 judgrr ent if not natural person and last known address of joint debtor a natural person and last known addresrof jomt d ebtor A 1 G J yi z u x x1 y V j t t k i1 i i i 1 A k y 1 c 0 addition costs against certain joint debtors itemize x r s y 24 Writ of Possession or Writ of Sale Judgment was entered for the following a 0 Possession of real property The complaint was filed on date Check 1 or 2 1 0 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 0 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 0 Possession of personal property 0 If delivery cannot be had then for the value itemize in 24e specified in the judgment or supplemental order c 0 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 POSSESSI JF 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 th s writ unless the Summons was served in compliance with CCP 415 46 Page 2 of 2 EJ 130 Rev January 1 2012 WRIT OF EXECUTION LexrsNexis Automated California Judicial Council Forms