On February 26, 2016 a
Clerk Order
was filed
involving a dispute between
Mai, My Phoung Khanh,
and
Vu, Cecilia Kim,
for MONEY
in the District Court of San Francisco County.
Preview
PUI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-17-2017 10:31 am
Case Number: CSM-16-851723
Filing Date: Feb-17-2017 10:26
Filed by: WILLIAM TRUPEK
Image: 05749789
WRIT OF EXECUTION
MY PHOUNG KHANH MAI VS. CECILIA KIM VU
001005749789
Instructions:
Please place this sheet on top of the document to be scanned.EJ-130
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): FOR COURT USE ONLY
Robert F. Cohen 160705
Bornstein Law
507 Polk Street #410
San Francisco, CA 94102
reiepHoneno: (415) 409-7611 FAX NO.
ewai aporess. robert@bornstein. law
ATTORNEY FOR (Name Plaintiff My Phuong Khanh Mai
[Q) attorney ror [X]) suocmenrcreoron (a) assicnee oF Recoro
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess. 400 McAllister Street
mauincaopress: 400 McAllister Street
cirvanozecove: San Francisco, CA 94102
srancHnawe: Civic Center Courthouse
PLAINTIFF: My Phuong Khanh Mai
(415) 463-2349
DEFENDANT: Cecilia Kim Vu
CASE NUMBER
CSM-16-851723
C) Limited Civil Case [K) Small Claims Case
C) unlimited Civil Case (2) Other
(XK) EXECUTION (Money Judgment)
WRIT {.] PossEssiON OF [L] Personal Property
OF (CC) Real Property
CQ SALE
_ To the Sheriff or Marshal of the County of: San Francisco
You are directed to enforce the judgment described below with daily interest and your costs as provided by law.
N
. To any registered process server: You are authorized to serve this writ only in accord with CCP 699.080 or CCP 715.040.
oe
(Name): My Phuong Khanh Mai
isthe [Q] judgment creditor () assignee of record whose address is shown on this form above the court's name.
4. Judgment debtor (name, type of legal entity statedin 9. CC] 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.
Cecilia Kim Vu 11. Total judgment $ 10,150.00
1050 North Point St. #404 12. Costs after judgment (per filed order or
San Francisco, CA 94109 memo CCP 685.090) $ 0.00
13. Subtotal (add 11 and 12) $_____10,150.00°
14. Credits $ 0.00
___| 1. Subtotal (subtract 14 from 13) g$_—10, 150.00
(-} 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) . $
May 13, 2016 17. Fee for issuance of writ $ 25.00
6. [2] Judgment renewed on (dates): 18. Total (add 15, 16, and 17) $___ 10,175.00
19. Levying officer:
7. Notice of sale under this writ (a) Add daily interest from date of writ
a. Ww has not been requested. (at the legal rate on 15) (not on
b. (J has been requested (see next page). GC 6103.5 fees) of $ AOA Ye
8. [] Joint debtor information on next page.
(b) Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
CCP 699.520(i)) $
20.) The amounts called for in items 11-19 are different for each debtor.
These amounts are stated for each debtor on Attachment 20.
Issued on (date): FEB 1.7 2017 Clerk, pe ek _______ , Deputy
NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION.
Page 1 of 2
Form Approved for Optional Use
Judicial Council of California
E4-130 [Rev. January 1, 2012]
Martin Deans
ESSENTIAL FORMS™
WRIT OF EXECUTION
Code of Civil Procedure, §§ 699 520, 712.010, 715.010
ernment Code, §'6103.5
‘www courts Ca. gov
Mai, My Phuong KhanhEJ-130
PLAINTIFF: My Phuong Khanh Mai CASE NUMBER
CSM-16-851723
[> ___ DEFENDANT: Cecilia Kim Vu
-Items continued from page 1-
21.) Additional judgment debtor (name, type of legal entity stated
in judgment if not a natural person, and last known address):
22. CJ Notice of sale has been requested by (name and address):
23. C) 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. () additional costs against certain joint debtors (itemize):
24. [2] (Writ of Possession or Writ of Sale) Judgment was entered for the following:
a. (2) Possession of real property: The complaint was filed on (date):
(Check (1) or (2)):
(1) (2) The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46.
The judgment includes ail tenants, subtenants, named claimants, and other occupants of the premises.
(2) (2) 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. (2) Possession of personal property.
(C) If delivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order.
c. [-} Sale of personal property.
d. [2] 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
ime 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).
££J:130 [Rev. January 1, 2012] WRIT OF EXECUTION Page 2 of 2
>) Martin Dean’s
2) STA FoR Mai, My Phuong KhanhWrit Calculations for
Total Judgment.............
Costs After Judgment.......
Subtotal
Credits.
Subtotal
Interest
Writ Fee
(Line 13).........
(Line 15).........
After Judgment...
CSM-16-851723
10,150.00
0.00
10,150.00
0.00
10,150.00
0.00
25.00
10,175.00
2.781
Document Filed Date
February 17, 2017
Case Filing Date
February 26, 2016
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PUI SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-17-2017 10:31 am Case Number: CSM-16-851723 Filing Date: Feb-17-2017 10:26 Filed by: WILLIAM TRUPEK Image: 05749789 WRIT OF EXECUTION MY PHOUNG KHANH MAI VS. CECILIA KIM VU 001005749789 Instructions: Please place this sheet on top of the document to be scanned.EJ-130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): FOR COURT USE ONLY Robert F. Cohen 160705 Bornstein Law 507 Polk Street #410 San Francisco, CA 94102 reiepHoneno: (415) 409-7611 FAX NO. ewai aporess. robert@bornstein. law ATTORNEY FOR (Name Plaintiff My Phuong Khanh Mai [Q) attorney ror [X]) suocmenrcreoron (a) assicnee oF Recoro ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aporess. 400 McAllister Street mauincaopress: 400 McAllister Street cirvanozecove: San Francisco, CA 94102 srancHnawe: Civic Center Courthouse PLAINTIFF: My Phuong Khanh Mai (415) 463-2349 DEFENDANT: Cecilia Kim Vu CASE NUMBER CSM-16-851723 C) Limited Civil Case [K) Small Claims Case C) unlimited Civil Case (2) Other (XK) EXECUTION (Money Judgment) WRIT {.] PossEssiON OF [L] Personal Property OF (CC) Real Property CQ SALE _ To the Sheriff or Marshal of the County of: San Francisco You are directed to enforce the judgment described below with daily interest and your costs as provided by law. N . To any registered process server: You are authorized to serve this writ only in accord with CCP 699.080 or CCP 715.040. oe (Name): My Phuong Khanh Mai isthe [Q] judgment creditor () assignee of record whose address is shown on this form above the court's name. 4. Judgment debtor (name, type of legal entity statedin 9. CC] 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. Cecilia Kim Vu 11. Total judgment $ 10,150.00 1050 North Point St. #404 12. Costs after judgment (per filed order or San Francisco, CA 94109 memo CCP 685.090) $ 0.00 13. Subtotal (add 11 and 12) $_____10,150.00° 14. Credits $ 0.00 ___| 1. Subtotal (subtract 14 from 13) g$_—10, 150.00 (-} 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) . $ May 13, 2016 17. Fee for issuance of writ $ 25.00 6. [2] Judgment renewed on (dates): 18. Total (add 15, 16, and 17) $___ 10,175.00 19. Levying officer: 7. Notice of sale under this writ (a) Add daily interest from date of writ a. Ww has not been requested. (at the legal rate on 15) (not on b. (J has been requested (see next page). GC 6103.5 fees) of $ AOA Ye 8. [] Joint debtor information on next page. (b) Pay directly to court costs included in 11 and 17 (GC 6103.5, 68637; CCP 699.520(i)) $ 20.) The amounts called for in items 11-19 are different for each debtor. These amounts are stated for each debtor on Attachment 20. Issued on (date): FEB 1.7 2017 Clerk, pe ek _______ , Deputy NOTICE TO PERSON SERVED: SEE NEXT PAGE FOR IMPORTANT INFORMATION. Page 1 of 2 Form Approved for Optional Use Judicial Council of California E4-130 [Rev. January 1, 2012] Martin Deans ESSENTIAL FORMS™ WRIT OF EXECUTION Code of Civil Procedure, §§ 699 520, 712.010, 715.010 ernment Code, §'6103.5 ‘www courts Ca. gov Mai, My Phuong KhanhEJ-130 PLAINTIFF: My Phuong Khanh Mai CASE NUMBER CSM-16-851723 [> ___ DEFENDANT: Cecilia Kim Vu -Items continued from page 1- 21.) Additional judgment debtor (name, type of legal entity stated in judgment if not a natural person, and last known address): 22. CJ Notice of sale has been requested by (name and address): 23. C) 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. () additional costs against certain joint debtors (itemize): 24. [2] (Writ of Possession or Writ of Sale) Judgment was entered for the following: a. (2) Possession of real property: The complaint was filed on (date): (Check (1) or (2)): (1) (2) The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The judgment includes ail tenants, subtenants, named claimants, and other occupants of the premises. (2) (2) 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. (2) Possession of personal property. (C) If delivery cannot be had, then for the value (itemize in 24e) specified in the judgment or supplemental order. c. [-} Sale of personal property. d. [2] 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 ime 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). ££J:130 [Rev. January 1, 2012] WRIT OF EXECUTION Page 2 of 2 >) Martin Dean’s 2) STA FoR Mai, My Phuong KhanhWrit Calculations for Total Judgment............. Costs After Judgment....... Subtotal Credits. Subtotal Interest Writ Fee (Line 13)......... (Line 15)......... After Judgment... CSM-16-851723 10,150.00 0.00 10,150.00 0.00 10,150.00 0.00 25.00 10,175.00 2.781