Preview
•
EJ-130
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO_
FOR COURT USE ONLY
NAME: Line M. Michael, Esq. SBN: 237842; Paul Eum, Esq. SBN: 298335
FIRM NAME: . MICHAEL & ASSOCIATES, PC L.,. \If:J;IY-ss :' , F
STREET ADDRESS:555 St. Charles Dr. #204 " Ctit1RAL DPII,SZ,
CITY: Thousand Oaks STATE. CA ZIP CODE: goo
TF_LEPHONE NO.: (805) 379-8505 -1 - .. . FAXNO.:(805) 379-8525
,
r- 1 7027 KAY 23 A II: 4b
ATTORNEY FOR (name):
American Express Bank, FSB, a federal savings bank, Plaintiff .
,
X ATTORNEY FOR X ORIGINAL JUDGMENT CRECCSOR ASSIGNEE OF RECORD
4 EP i
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
STREET ADDRESS:330 West Broadway
MAILING ADDRESS.
CITY AND ZIP CODE:
San Diego 92101
BRANCH NAME.
Central'
CASE NUMBER:
PLAIN11FF/PETITIONER: American Express Bank, FSB, a federal savings bank
DEFENDANT/RESPONDENT: xxxxx xxxxxxx, et al. 37-2017-00050471-CU-CL-CTL
WI EXECUTION (Money Judgment) 1-1, Limited Civil Case
(including Small Claims)
WRIT OF C POSSESSION OF 1 Personal Property
C Real Property
Fin Unlimited Civil Case
SALE (including Family and Probate)
1. To the Sheriff or Marshal of the County of: Siskiyou
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): American Express Bank, FSB, a federal savings bank
is the onginal judgment creditor I-1 assignee of record whose address is shown on this form above the court's name.
4. Judgment debtor (name, type of legal entity If not a 9. 1-1 Writ of Possession/Writ of Sale Information on next page.
natural person, and last known address): This writ is issued on a sister-state judgment.
10. fl
For items 11 -17, see form MC-012 and form MC-013-INFO.
11. Total judgment (as entered or renewed) 496,268.92
xxxxx xxxxxxx, aka xxxxx J xxxxxxx, aka
Steven J xxxxxxx, an individual 12. Costs after judgment (CCP 685.090) 135.00
1821 AMALFI DR 13. Subtotal (add 11 and 12) 496,403.92
1E4CINITAS , CA 92024 14. Credits to principal (after credit to interest)
$ 0.00
Additional judgment debtors on next page 15. Principal remaining due(subtract 14 from 13)$ 496,403.92
16. Accrued interest remaining due per 0.00
5. Judgment entered on (date): 11/3/2020 CCP 686.050(b) (not on GC 6103.5 fees)
(See type of judgment in item 224 17. Fee for issuance of writ (per GC 70626(a)(1))
$ 40.00
6. Inj Judgment renewed on (dates): 18. Total amount due (add 15, 16, and 17) $ 496,443.92
19. Levying officer:
7. Notice of sale under this writ: a. (at
Add daily interest from date of writ
the legal rate on 15) (not on
a. I x I has not been requested.
GC 6103.5 fees) 0.00
b. I-1 has been requested (see next page).
b. Pay directly to court costs included in
8. fl Joint debtor information on next page. 11 and 17 (GC 6103.5, 68637;
COP 699 520(j)) 0.00
/SEAM
20. The amounts called for in items 11-19 are different for ea ch
debtor. These amounts are slated for each debtor on
Attachment 20.
08/30/2021 -9.{114kt C10
Date: Clerk, by M. Acevedo
Deputy
NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Page 1 of 3
Form Approved for Optional Use
Judicial Gomel of California
WRIT OF EXECUTION Code of CM' Procedure, §§ 699.520, 712.010, 715.010
Government Coda. § 6103.5
EJ-130 Rev, Seplernber 1.2020] 17169104 www.courts.ca.gov
LerisNerise Automated California Judicial Council Forms
EJ-130
Plaintiff/Petitioner: American Express Bank, FSB, a federal savings bank CASE NUMBER:
Defendant/Respondent: xxxxx xxxxxxx, et al. 37-2017-00050471-CU-CL-CTL
21. I x I Additional judgment debtor(s)(name, type of legal entity if not a natural person, and last known address):
TS:1 Diego Auto Connection, Inc., individuall)7I
and DBA San Diego Aut Cnnctn
11821 AMALFI DR
LENCIN1TAS, CA 92024 _1 L
22. The judgment is for (check one):
a. I I wages owed.
b. child support or spousal support.
c. I x I other.
23. I I Notice of sale has been requested by (name and address):
24.E-1 Joint debtor was declared bound by the judgment (CCP 989-994)
a. on (date): a. on (date):
b. name, type of legal entity if not a natural person, and b. name, type of legal entity if not a natural person, and
last known address of joint debtor: last known address of joint debtor:
c. = Additional costs against certain joint debtors are itemized: I I below 1- 1 on Attachment 24c.
25. I—I (Writ of Possession or Writ of Sale)Judgment was entered for the following:
a. 1-7 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)1 --7 The Prejudgment Claim of Right to Possession was served in compiiance with CCP 415.46. The
judgment includes all tenants, subtenants, named claimants, and other occupants of the premises.
(2)1-7 The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.
(3)1 1 The unlawful detainerresultedfrom a foreclosuresale 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 Page 2 of 3
LexisNexis0 Automated CalifOrnia Judicial Council Forms
4 it
EJ-130
Plaintiff/Petitioner: American Express Bank, FSB, a federal savings bank CASE NUMBER:
Defendant/Respondent: xxxxx xxxxxxx, et al. 37-2017-00050471-CU-CL-CTL
25. b. fli Possession of personal property.
m (itemize in 25e) specified in the judgment or supplemental order.
If delivery cannot be had, then for the value
c. In] Sale of personal property.
d. Sale of real property.
e. The property is described in below F1 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
Claim of Right to Possession and Notice of Hearing
in the property for 90 days after receiving a notice to quit. A blank form (form
j
by filling it out and giving it to the sheriff or levying
CP10) accompanies this writ. You may claim your right to remain on the property
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
Claim of Right to Possession and
filed, you may object to the enforcement of the judgment against you. You must complete the form
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 [Rey. September 1. 2020] WRIT OF EXECUTION Rage 3 et3
LarisNesise Aurnmarod California Judicial Council Forms
RETURN TO COURT
Writ Return
This return to court represents a report of the levying officer's actions and an accounting of amounts collected plus
costs incurred pursuant to the requirements of Section t699.560 CCP or Section 488.130 CCP.
ii J'h:SS
â–
J.
;"F'i TIAL
Court: SAN DIEGO CO. SUPERIOR COURT Branch: Central Courthouse Case No.
PO Box 120128 37-2017-00050471-CU-CL-CTL
I102Z HAY 23 A II: 41 File No. 21001063
San Diego CA 92112-0128 Writ Issued on 08130/2021
Case: AMERICAN EXPRESS BANK, FSB ET ALys. xxxxx ,H9DSDON, ET AL
Attorney: Michael & Associates, PC
555 St. Charles Drive, Suite 204
Thousand Oaks CA 91360
Judgment Debtor Levy Status/Date Garnishee Amount
xxxxx xxxxxxx aka Steven J xxxxxxx Served 12127/2021 Second Wind Programs, Inc. 907,00
xxxxx xxxxxxx aka Steven J xxxxxxx Served 12/27/2021 Second Wind Programs, Inc. 0.00
Previous Monies Collected 0.00
Remarks: OPPOSITION TO COE WAS NOT RECEIVED ON TIME-RELEASED EWO & RETURNED MONIES TO DEFENDANT
COLLECTION OF MONEY:
Judgment Amount Due 496,268.92
Interest charged (if any) pursuant to CCP 685.050 (b) (2) 0.00
Judgment Credits 0.00
Levying Officer Fees and Expenses 35.00
Debtor's Assessment Fee Satisfied (26746 Govt. Code) 0.00
Issuance of Writ 40.00
Paid Directly to Court (6103.5, 68511.3 Govt. Code ) 0.00
Total Amount Received From Defendant 0.00
Total Amount Received From Garnishees 907.00
Total Amount Refunded to Debtor 907.00
Total Amount Exemption to Debtor 0.00
Held Under Writ of Execution 0.00
Paid to the Creditor or His Attorney 0.00
Costs After Judgment 135.00
Judgment Deficit 496,478.92
May 17, 2022
Yreka, California
Jeremiah LaRue, Siskiyou Co Sheriff
By: 94.24C--
Sheriff's Authorized Agent
Jeremiah LaRue, Siskiyou Co Sheriff
530-842-8317
305 Butte St
Yreka, CA 96097
May 17, 2022
Siskiyou COUNTY SHERIFF'S DEPARTMENT
ELECTRONIC* WRIT DECLARATION
as defined in CCP 263. 1 (b)
Court Case Number 21CHLC01065
County of Writ Issuance, Siskiyou
Each Judgment Creditor: American Express National Bank, et al.
Each Judgment Debtor, Kelley McCarroll, et al.
To the Sheriff of Siskiyou County (hereinafter, the" Levying officer):
The attached Writ of Execution: Total judgment amount (Line #11 on the writ) is $496,268.92
0 Possession: Sale:
Personal Property (describe):
Must match Line 24(e)
on Writ of
°
Possession/Sale o Real Property (describe):
Issued on (date) 8/30/21 is either (check one only):
NI An original electronic writ not already in possession of the Levying Officer.
A copy of an original electronic writ already in possession of the Levying Officer.
Levying Officer File Number
This declaration is an attachment to Instructions dated12/10/21 for levy to be performed on
Please see attached sheriff instructions.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Date: 12/10/21
Paul Eum, Esq.
(Type or print name) (Signature of D larant)"
" Declarant must be the same party who has signed the instructions (i.e., the judgment ore' itor's attorney or, if the
judgment creditor has no attorney, the judgment creditor)
CCP 687.010