Preview
CD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
— Jamie P. Dreher (SBN 20 938 0)
Connor W. Olson (SBN 2 914 93)
DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 1 8 t h F l o o r
Sacramento, CA 95814
.t :
TELEPHONENO,: (916) 444-1000 FAX NO.(Optional): ( 9 1 6 ) 444-2100
E-MAIL ADDRESS (Optbnal): j d r e h e r O d o w n e y b r a n d . com
ATTORNEY FOR rwame;: C A L I F O R N I A B A N K & TRUST
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREETADDRESS: 72 0 N i n t h S t r e e t
MAILING ADDRESS:
CITYANDZIPCODE:Sacramento, CA 95814
BRANCH NAME:
PLAINTIFF: CALIFORNIA BANK & TRUST, a C a l i f o r n i a corporation
DEFENDANT:VSS C o u n t e r t o p s Inc.; Duane T u c k e r ;
M a r c i a T u c k e r ; and DOES 1 t h r o u g h 5 0 , Inclusive
CASE NUMBER:
APPLICATION FOR WRIT OF POSSESSION ( X l AFTER HEARING
r~l EX PARTE • AND FOR TEMPORARY RESTRAINING ORDER
1. PlaintifT has filed a complaint and makes claim for delivery of property in the possession of defendant named in b.
a. Plaintiff fname;: CALIFORNIA BANK & TRUST, a C a l i f o r n i a c o r p o r a t i o n
b. Defendant ("name;: VSS C o u n t e r t o p s Inc.; Duane T u c k e r ; M a r c i a T u c k e r
2. Plaintiff applies for (check all that apply):
a. 121 Writ of possession after hearing (Code Civ. Proc. (CCP.),§ 512.010).
b. Ex parte writ of possession (C.C.P., § 512.020). (File Declaration for Ex Parte Writ of Possession, form CD-180.)
c. Temporary restraining order (C.C.P., § 513.010). (File Application for Temporary Restraining Order, form CD-190.)
3. The basis ofthe plaintiffs claim and right to possession ofthe claimed property is specified in | ^ a written document,
a copy of which is attached. the verified complaint, the attached declaration. (Xl the following facts (spec/Vy;
D e f e n d a n t s p l e d g e d t h e p r o p e r t y as c o l l a t e r a l f o r a c o m m e r c i a l l o a n .
D e f e n d a n t h a v e b r e a c h e d t h e i r o b l i g a t i o n s u n d e r t h e l o a n and have
r e f u s e d t o t u r n over the c o l l a t e r a l t o P l a i n t i f f , despite P l a i n t i f f ' s
demands.
4. Claimed property (Describe, state value, and further identify any property that is a farm product (Code Civ. Proc, § 511.040)
or inventory held for sale or lease (Code Civ. Proc, § 511.050)):
See accompanying D e c l a r a t i o n o f Raye Ann Johnson, Ex. 4, f i l e d herewith,
[ | U Continued on Attachment 4.
"Plaintiff' includes cross-complainant, "defendant" includes cross-defendant, and "complaint" includes cross-complaint.
Page 1 of 2
Form Adopted for Mandatory Use APPLICATION FOR WRIT OF POSSESSION Code Civ, Proc, § 512,010
Judictai Council of California www.courtinfo.ca.gov
CD-100 [Rev, January 1, 2006]
ESSENIAL PORMr (Claim and Delivery)
C a l i f o r n i a Bank & T r u s t
CD-100
PLAINTIFF: CALIFORNIA BANK & TRUST, a C a l i f o r n i a c o r p o r a t i o n CASE NUMBER:
DEFENDANT:VSS Countertops I n c . ; Duane Tucker;
Marcia Tucker; and DOES 1 t h r o u g h 50, Inclusive
A showing that the claimed property Is wrongfully detained by defendant, of how the defendant came into possession of the claimed
property, and, according to Plaintiffs best knowledge, information, and belief, ofthe reason for the defendant's detention ofthe
claimed property, is made in the verified complaint. in the attached declaration. IXI as follows (specify):
P l a i n t i f f made deman upon Defendants t o t u r n over possession of the
c o l l a t e r a l based on Defendants' d e f a u l t under the loan documents.
Defendants have refused t o t u r n over possession of the c o l l a t e r a l .
To Plaintiffs best knowledge, information, and belief the claimed property or some part of it is located as stated
in the verified complaint. IXI in the attached declaration. IXI as follows (specify):
(Include in this statement whether any part ofthe claimed property is within a private place that may have to be entered to take
possession. If so, complete item 7.)
P l a i n t i f f ' s c o l l a t e r a l i s located a t 746 Wilbur Way, Sacramento,
C a l i f o r n i a 95828.
f x l Facts showing probable cause for belief that the claimed property or some part of it is located in the private place referred to
in item 6 are specified in the verified complaint. | ^ in the attached declaration. | ^ as follows:
C o l l a t e r a l i s located i n commercial b u i l d i n g .
8. The claimed property has not been taken for a tax, assessment, or fine, pursuant to statute, and (check one):
a. 1X1 has not been seized under an execution against the plaintiffs property.
b. 1 ^ has been seized under an execution against the plaintiffs property, but is exempt from such seizure under
(code section):
9. • This action is subject to the • Unruh Retail Installment Sales Act (Civ. Code, §§ 1801-1812.10);
• Rees-Levering Motor Vehicle Sales and Finance Act (Civ. Code, §§ 2981-2984.4).
Facts showing that this is the proper court are specifiecl in the • verified complaint. • attached declaration.
10. Total number of pages attached:
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated: J u n e l " ^ , 2 015 ,
Jami p P. n-rp^hpr ^
(TYPE OR PRINT NAME) ^
Page 2 of 2
CD-100 [Rev, January 1.2006] APPLICATION FOR WRIT OF POSSESSION
r'" """r (Claim and Delivery)
Ei™A^f"«M^" C a l i f o r n i a Bank . T r u s t
CD-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
-Jamie P. Dreher (SBN 209380)
Connor W. Olson (SBN 291493)
DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 18th\Floo:^\'^
Sacramento, CA 95814 ^ -^^
TELEPHONENO: ( 9 1 6 ) 444-1000 FAXNQ.(Oplional): ( 9 1 6 ) 444-2100
E-MAIL ADDRESS (Optional): j d r e h e r O d o v / n e y b r a n d . com
ATTORNEY FOR fwatwj: CALIFORNIA BANK & TRUST
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREETADDRESS: 7 2 0 N i n t h S t r e e t
MAILING ADDRESS:
CITYANDZIPCODE:Sacramento, CA 95814
BRANCH NAME;
PLAINTIFF: CALIFORNIA BANK & TRUST, a Califomia corporation
DEFENDANT:VSS C o u n t e r t o p s , Inc,
CASE NUMBER:
ORDER FOR WRIT OF POSSESSION
1X1 AFTER HEARING • EX PARTE
34-2015-00180690
AFTER HEARING
1. 1X1 The application of the plaintiff* for a writ of possession was heard as follows(c/7ec/c boxes in 1c and 1d to indicate personal
presence at the hearing):
a. Judicial Officer (name):
b. Hearing date: " Z ^ ' ^ 5" Time: ^
Preview
CD-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY — Jamie P. Dreher (SBN 20 938 0) Connor W. Olson (SBN 2 914 93) DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 1 8 t h F l o o r Sacramento, CA 95814 .t : TELEPHONENO,: (916) 444-1000 FAX NO.(Optional): ( 9 1 6 ) 444-2100 E-MAIL ADDRESS (Optbnal): j d r e h e r O d o w n e y b r a n d . com ATTORNEY FOR rwame;: C A L I F O R N I A B A N K & TRUST SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento STREETADDRESS: 72 0 N i n t h S t r e e t MAILING ADDRESS: CITYANDZIPCODE:Sacramento, CA 95814 BRANCH NAME: PLAINTIFF: CALIFORNIA BANK & TRUST, a C a l i f o r n i a corporation DEFENDANT:VSS C o u n t e r t o p s Inc.; Duane T u c k e r ; M a r c i a T u c k e r ; and DOES 1 t h r o u g h 5 0 , Inclusive CASE NUMBER: APPLICATION FOR WRIT OF POSSESSION ( X l AFTER HEARING r~l EX PARTE • AND FOR TEMPORARY RESTRAINING ORDER 1. PlaintifT has filed a complaint and makes claim for delivery of property in the possession of defendant named in b. a. Plaintiff fname;: CALIFORNIA BANK & TRUST, a C a l i f o r n i a c o r p o r a t i o n b. Defendant ("name;: VSS C o u n t e r t o p s Inc.; Duane T u c k e r ; M a r c i a T u c k e r 2. Plaintiff applies for (check all that apply): a. 121 Writ of possession after hearing (Code Civ. Proc. (CCP.),§ 512.010). b. Ex parte writ of possession (C.C.P., § 512.020). (File Declaration for Ex Parte Writ of Possession, form CD-180.) c. Temporary restraining order (C.C.P., § 513.010). (File Application for Temporary Restraining Order, form CD-190.) 3. The basis ofthe plaintiffs claim and right to possession ofthe claimed property is specified in | ^ a written document, a copy of which is attached. the verified complaint, the attached declaration. (Xl the following facts (spec/Vy; D e f e n d a n t s p l e d g e d t h e p r o p e r t y as c o l l a t e r a l f o r a c o m m e r c i a l l o a n . D e f e n d a n t h a v e b r e a c h e d t h e i r o b l i g a t i o n s u n d e r t h e l o a n and have r e f u s e d t o t u r n over the c o l l a t e r a l t o P l a i n t i f f , despite P l a i n t i f f ' s demands. 4. Claimed property (Describe, state value, and further identify any property that is a farm product (Code Civ. Proc, § 511.040) or inventory held for sale or lease (Code Civ. Proc, § 511.050)): See accompanying D e c l a r a t i o n o f Raye Ann Johnson, Ex. 4, f i l e d herewith, [ | U Continued on Attachment 4. "Plaintiff' includes cross-complainant, "defendant" includes cross-defendant, and "complaint" includes cross-complaint. Page 1 of 2 Form Adopted for Mandatory Use APPLICATION FOR WRIT OF POSSESSION Code Civ, Proc, § 512,010 Judictai Council of California www.courtinfo.ca.gov CD-100 [Rev, January 1, 2006] ESSENIAL PORMr (Claim and Delivery) C a l i f o r n i a Bank & T r u s t CD-100 PLAINTIFF: CALIFORNIA BANK & TRUST, a C a l i f o r n i a c o r p o r a t i o n CASE NUMBER: DEFENDANT:VSS Countertops I n c . ; Duane Tucker; Marcia Tucker; and DOES 1 t h r o u g h 50, Inclusive A showing that the claimed property Is wrongfully detained by defendant, of how the defendant came into possession of the claimed property, and, according to Plaintiffs best knowledge, information, and belief, ofthe reason for the defendant's detention ofthe claimed property, is made in the verified complaint. in the attached declaration. IXI as follows (specify): P l a i n t i f f made deman upon Defendants t o t u r n over possession of the c o l l a t e r a l based on Defendants' d e f a u l t under the loan documents. Defendants have refused t o t u r n over possession of the c o l l a t e r a l . To Plaintiffs best knowledge, information, and belief the claimed property or some part of it is located as stated in the verified complaint. IXI in the attached declaration. IXI as follows (specify): (Include in this statement whether any part ofthe claimed property is within a private place that may have to be entered to take possession. If so, complete item 7.) P l a i n t i f f ' s c o l l a t e r a l i s located a t 746 Wilbur Way, Sacramento, C a l i f o r n i a 95828. f x l Facts showing probable cause for belief that the claimed property or some part of it is located in the private place referred to in item 6 are specified in the verified complaint. | ^ in the attached declaration. | ^ as follows: C o l l a t e r a l i s located i n commercial b u i l d i n g . 8. The claimed property has not been taken for a tax, assessment, or fine, pursuant to statute, and (check one): a. 1X1 has not been seized under an execution against the plaintiffs property. b. 1 ^ has been seized under an execution against the plaintiffs property, but is exempt from such seizure under (code section): 9. • This action is subject to the • Unruh Retail Installment Sales Act (Civ. Code, §§ 1801-1812.10); • Rees-Levering Motor Vehicle Sales and Finance Act (Civ. Code, §§ 2981-2984.4). Facts showing that this is the proper court are specifiecl in the • verified complaint. • attached declaration. 10. Total number of pages attached: declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: J u n e l " ^ , 2 015 , Jami p P. n-rp^hpr ^ (TYPE OR PRINT NAME) ^ Page 2 of 2 CD-100 [Rev, January 1.2006] APPLICATION FOR WRIT OF POSSESSION r'" """r (Claim and Delivery) Ei™A^f"«M^" C a l i f o r n i a Bank . T r u s t CD-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY -Jamie P. Dreher (SBN 209380) Connor W. Olson (SBN 291493) DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 18th\Floo:^\'^ Sacramento, CA 95814 ^ -^^ TELEPHONENO: ( 9 1 6 ) 444-1000 FAXNQ.(Oplional): ( 9 1 6 ) 444-2100 E-MAIL ADDRESS (Optional): j d r e h e r O d o v / n e y b r a n d . com ATTORNEY FOR fwatwj: CALIFORNIA BANK & TRUST SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento STREETADDRESS: 7 2 0 N i n t h S t r e e t MAILING ADDRESS: CITYANDZIPCODE:Sacramento, CA 95814 BRANCH NAME; PLAINTIFF: CALIFORNIA BANK & TRUST, a Califomia corporation DEFENDANT:VSS C o u n t e r t o p s , Inc, CASE NUMBER: ORDER FOR WRIT OF POSSESSION 1X1 AFTER HEARING • EX PARTE 34-2015-00180690 AFTER HEARING 1. 1X1 The application of the plaintiff* for a writ of possession was heard as follows(c/7ec/c boxes in 1c and 1d to indicate personal presence at the hearing): a. Judicial Officer (name): b. Hearing date: " Z ^ ' ^ 5" Time: ^