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EJ-130
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY
NAME: Davin R. Bacho, SBN 282613
FIRM NAME: CLEMENT, FITZPATRICK & KENWORTHY
STREET ADDRESS: 3333 Mendocino Avenue, Suite 200
CITY: Santa Rosa STATE: CA ZIP CODE: 95403
TELEPHONE NO.: (707) 523-1181 FAX NO.: (707) 546-1360
EMAIL ADDRESS: dbacho@cfk.com
ATTORNEY FOR (name): Plaintiffs Barry Brilliant and Dagmar K. Hoheneck-Smith
X ATTORNEY FOR: X ORGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDRESS: 600 Administration Drive, Room 107-J
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Rosa, CA 95403
BRANCH NAME:
PLAINTIFF/PETITIONER: Barry Brilliant and Dagmar K. Hoheneck-Smith CASE NUMBER:
DEFENDANT/RESPONDENT: Mitchell G. Black; Deanne G. Black; et al. SCV-267406
X EXECUTION (Money Judgment) Limited Civil Case
(including Small Claims)
WRIT OF POSSESSION OF Personal Property
X Unlimited Civil Case
SALE Real Property (including Family and Probate)
1. To the Sheriff or Marshal of the County of: LOS ANGELES
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): Barry Brilliant and Dagmar K. Hoheneck-Smith
is the
X original 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 if not a 9. Writ of Possession/Writ of Sale information on next page.
natural person, and last known address): 10. This writ is issued on a sister-state judgment.
For items 11–17, see form MC-012 and form MC-013-INFO.
Mitchell G. Black 11. Total judgment (as entered or renewed) $ 977,500.00
5627 Inverness Avenue
Santa Rosa, CA 95404 12. Costs after judgment (CCP 685.090) $
13. Subtotal (add 11 and 12) $ 977,500.00
14. Credits to principal (after credit to interest) $
X Additional judgment debtors on next page 15. Principal remaining due (subtract 14 from 13) $ 977,500.00
5. Judgment entered on (date): March 28, 2023 16. Accrued Interest remaining due per
(See type of judgment in item 22.) CCP 685.050(b) (not on GC 6103.5 fees) $
6. Judgment renewed on (dates):
17. Fee for issuance of writ (per GC 70626(a)(l)) $ 40.00
18. TotaI amount due (add 15, 16, and 17) $ 977,540.00
19. Levying officer:
7. Notice of sale under this writ:
a. Add daily interest from date of writ (at
a.
X has not been requested.
the legal rate on 15) (not on
b. has been requested (see next page).
GC 6103.5 fees) ................................................ $ 267.81
8. Joint debtor information on next page. b. Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
[SEAL]
CCP 699.520(j)) ................................................... $
20. The amounts called for in items 11-19 are different for each
debtor. These amounts are stated for each debtor on
Attachment 20.
Date: Clerk, by , Deputy
NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Page 1 of 3
Form Approved for Optional Use WRIT OF EXECUTION Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Judicial Council of California Government Code, § 6103.5
EJ-130 [Rev. September 1, 2020] www.courts.ca.gov
EJ-130
Plaintiff/Petitioner: Barry Brilliant and Dagmar K. Hoheneck-Smith CASE NUMBER:
Defendant/Respondent: Mitchell G. Black; Deanne G. Black, et al. SCV-267406
21.
X Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):
Deanne G. Black Black Knight Vineyards, LLC
10760 52nd Ave. N 4889 Grange Road
St. Petersberg, FL 33708 Santa Rosa, CA 95404
22. The judgment is for (check one):
a. wages owed.
b. child support or spousal support.
c.
X other.
23. Notice of sale has been requested by (name and address):
24. 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: below on Attachment 24c.
25. (Writ of Possession or Writ of Sale) Judgment was entered for the following:
a. 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) 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) The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.
(3) The unlawful detainer resulted from a foreclosure sale 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
EJ-130
Plaintiff/Petitioner: Barry Brilliant and Dagmar K. Hoheneck-Smith CASE NUMBER:
Defendant/Respondent: Mitchell G. Black; Deanne G. Black; et al. SCV-267406
25. b. Possession of personal property.
If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order.
c. Sale of personal property.
d. Sale of real property.
e. The property is described below on Attachment 25c.
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
in the property for 90 days after receiving a notice to quit. A blank form Claim of Right to Possession and Notice of Hearing (form
CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or levying
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
filed, you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and
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 [Rev. September 1, 2020] WRIT OF EXECUTION Page 3 of 3
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EJ-130 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY NAME: Davin R. Bacho, SBN 282613 FIRM NAME: CLEMENT, FITZPATRICK & KENWORTHY STREET ADDRESS: 3333 Mendocino Avenue, Suite 200 CITY: Santa Rosa STATE: CA ZIP CODE: 95403 TELEPHONE NO.: (707) 523-1181 FAX NO.: (707) 546-1360 EMAIL ADDRESS: dbacho@cfk.com ATTORNEY FOR (name): Plaintiffs Barry Brilliant and Dagmar K. Hoheneck-Smith X ATTORNEY FOR: X ORGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS: 600 Administration Drive, Room 107-J MAILING ADDRESS: CITY AND ZIP CODE: Santa Rosa, CA 95403 BRANCH NAME: PLAINTIFF/PETITIONER: Barry Brilliant and Dagmar K. Hoheneck-Smith CASE NUMBER: DEFENDANT/RESPONDENT: Mitchell G. Black; Deanne G. Black; et al. SCV-267406 X EXECUTION (Money Judgment) Limited Civil Case (including Small Claims) WRIT OF POSSESSION OF Personal Property X Unlimited Civil Case SALE Real Property (including Family and Probate) 1. To the Sheriff or Marshal of the County of: LOS ANGELES 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): Barry Brilliant and Dagmar K. Hoheneck-Smith is the X original 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 if not a 9. Writ of Possession/Writ of Sale information on next page. natural person, and last known address): 10. This writ is issued on a sister-state judgment. For items 11–17, see form MC-012 and form MC-013-INFO. Mitchell G. Black 11. Total judgment (as entered or renewed) $ 977,500.00 5627 Inverness Avenue Santa Rosa, CA 95404 12. Costs after judgment (CCP 685.090) $ 13. Subtotal (add 11 and 12) $ 977,500.00 14. Credits to principal (after credit to interest) $ X Additional judgment debtors on next page 15. Principal remaining due (subtract 14 from 13) $ 977,500.00 5. Judgment entered on (date): March 28, 2023 16. Accrued Interest remaining due per (See type of judgment in item 22.) CCP 685.050(b) (not on GC 6103.5 fees) $ 6. Judgment renewed on (dates): 17. Fee for issuance of writ (per GC 70626(a)(l)) $ 40.00 18. TotaI amount due (add 15, 16, and 17) $ 977,540.00 19. Levying officer: 7. Notice of sale under this writ: a. Add daily interest from date of writ (at a. X has not been requested. the legal rate on 15) (not on b. has been requested (see next page). GC 6103.5 fees) ................................................ $ 267.81 8. Joint debtor information on next page. b. Pay directly to court costs included in 11 and 17 (GC 6103.5, 68637; [SEAL] CCP 699.520(j)) ................................................... $ 20. The amounts called for in items 11-19 are different for each debtor. These amounts are stated for each debtor on Attachment 20. Date: Clerk, by , Deputy NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION. Page 1 of 3 Form Approved for Optional Use WRIT OF EXECUTION Code of Civil Procedure, §§ 699.520, 712.010, 715.010 Judicial Council of California Government Code, § 6103.5 EJ-130 [Rev. September 1, 2020] www.courts.ca.gov EJ-130 Plaintiff/Petitioner: Barry Brilliant and Dagmar K. Hoheneck-Smith CASE NUMBER: Defendant/Respondent: Mitchell G. Black; Deanne G. Black, et al. SCV-267406 21. X Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address): Deanne G. Black Black Knight Vineyards, LLC 10760 52nd Ave. N 4889 Grange Road St. Petersberg, FL 33708 Santa Rosa, CA 95404 22. The judgment is for (check one): a. wages owed. b. child support or spousal support. c. X other. 23. Notice of sale has been requested by (name and address): 24. 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: below on Attachment 24c. 25. (Writ of Possession or Writ of Sale) Judgment was entered for the following: a. 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) 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) The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46. (3) The unlawful detainer resulted from a foreclosure sale 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 EJ-130 Plaintiff/Petitioner: Barry Brilliant and Dagmar K. Hoheneck-Smith CASE NUMBER: Defendant/Respondent: Mitchell G. Black; Deanne G. Black; et al. SCV-267406 25. b. Possession of personal property. If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order. c. Sale of personal property. d. Sale of real property. e. The property is described below on Attachment 25c. 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 in the property for 90 days after receiving a notice to quit. A blank form Claim of Right to Possession and Notice of Hearing (form CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or levying 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 filed, you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and 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 [Rev. September 1, 2020] WRIT OF EXECUTION Page 3 of 3