On June 18, 2015 a
Order
was filed
involving a dispute between
California Bank & Trust,
Filed By: California Bank & Trust,
and
Does 1 Through 50,
Tucker, Duane,
Tucker, Marcia,
Vss Countertops Inc,
for (Breach of Contract/Warranty)
in the District Court of Sacramento County.
Preview
CD-120
ATTORNEY OR PARTY WITHOUT ATTORNEYflVame.Slate Bar number, and address):
— 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 , 1 8 t h F l o o r ti k \ n cr c c n
Sacramento, CA 95814
TELEPHONE NO.: ( 9 1 6 ) 444-1000 FAX NO.fOptona/;: ( 9 1 6 ) 444-2100
E-MAIL ADDRESS (Optional): j drelier®downeybr and. com m m 29 AH 10: 23
ATTORNEY FOR (wame;: CALIFORNIA BANK & TRUST mi
SUPERIOR COURT OF CAUFORNIA, COUNTY OF Sacramento
STREET ADDRESS: 7 2 0 N i n t h S t r e e t
MAILING ADDRESS:
crrYANDzipcoDE:Sacramento, CA 95814
BRANCH NAME:
PLAINTIFF: CALIFOENXA BANK & TRUST, a C a l i f o r n i a c o r p o r a t i o n
DEFENDANT:VSS C o u n t e r t o p s , Inc.
CASE NUMBER:
ORDER FOR WRIT OF POSSESSION
34-2015-00180690
[ X I AFTER HEARING f j EX PARTE
AFTER HEARING
1.121 The application of the plaintiff* for a writ of possession was heard as follows ^c/jec/t boxes in 1c and 1d to indicate personal
presence at the hearing):
a. Judicial Officer (name):
b. Hearing date: -2 ^ - | J " rme:<^C{vv\ • Dept: S"*^ • Rm.:
c. • Plaintiff fname;: C 3 Attorney (name):
d. CI Defendant (name): • Attorney (name):
EX PARTE
2. ^ 3 The application of the plaintiff for an ex parte writ of possession has been considered by the court.
3. The court finds:
a. n r i Defendant has been properly served as required by Code of Civil Procedure section 512.030.
(Do not check this item if the application is ex parte.)
b. Plaintiff I 2 1 has hasnot filed an undertaking as required by Code of Civil Procedure section 515.010.
c. Plaintiff has established the probable validity of the plantifTs claim to possession of the following property fspec^^:
As d e s c r i b e d i n t h e D e c l a r a t i o n o f Raye Ann Johnson, E x h i b i t 4, t o t h e
Application
• I Continued on Attachment 3c.
d. (Xl There is probable cause to believe this property or some part of it is located at one or more of the following private places
(specify):
746 Wilbur Way, Sacramento, C a l i f o r n i a 95828
Continued on Attachment 3d.
* "Plaintlfr includes cross-complainant, and "defendant" Includes cross-defendant. Page 1 of 2
Form Adapted for Mandatory Use ORDER FOR WRIT OF POSSESSION Code Qv. Proc., §§ 512.020; 512.030:
Judicial Council of California 512.070: 514.010-514.050: 515.010
CD-120 p*ev. January 1,2006]
IBSEKIUlFgiMS" (Claim and Delivery) . mm.axjrtMo.ca.gov
C a l i f o r n i a Bank & T r u s t
CD-120
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:
34-2015-00180690
DEFENDANT:
Marcia Tucker; and DOES 1 through 50, I n c l u s i v e
ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRIT OF POSSESSION
4. Q j The court also finds:
a. Defendant gained possession of the property described in item 3c, which was not entrusted to the defendant, by
feloniously talcing such property from the plaintiff by means other than by false or fraudulent representation, pretense, or
embezzlement.
b. Q i "I^e property is a credit card.
c. Defendant acquired possession of this property in the ordinary course of the defendant's trade or business for
commercial purposes, and (1) the property is not necessary for the support of the defendant or the defendant's family;
(2) there is an immediate danger that the property will become unavailable to levy by reason of being transfenred,
concealed or removed from the state, or will become substantially impaired in value by acts of destruction, or by failure
to take care of the property in a reasonable manner and (3) the ex parte issuance of a vinit of possession is necessary
to protect the property.
d. Total number of boxes checiced in item 4:
ORDERS
IT IS ORDERED
a. The clerk of this court is directed to issue a writ of possession as provided in Code of Civil Procedure section 512.020, directing
the sheriff or marshal within whose jurisdiction the property described in item 3c, or some part of it, is located, to seize such
property and retain custody of it as provided in Code of Civil Procedure sections 514.010-514.050.
b. ( X l The clerk is directed to issue the writ of possession immediately.
c. ^ 3 The clerit is directed to issue the writ of possession upon the plaintifPs filling of a written undertaking, as required by
Code of Civil Procedure section 515.010, in the amount of: $
d. The written undertaking required by the defendant for redelivery or to stay delivery is in the amount of. $
e. The clerk of this court is directed to attach a copy of this order and a copy of the plaintifTs undertaking to the writ of possession.
f. The sheriff or marshal may enter the following private place(s) to take possession of the property or some part of it:
746 W i l b u r Way, S a c r a m e n t o , C a l i f o r n i a 95828
Continued on Attachment 5f.
g. CI Defendant (name):
is ordered to transfer possession of the property described in item 3c to the plaintiff. (Code. Civ. Proc, § 512.070.)
NOTICE TO DEFENDANT: Failure to comply with an order of the court to turn over possession of such property to the
plaintiff may subject you to being held in contempt of court
6. Number of pages attached:
Dated
(jtiDitiiALo^ER)—{^An^UND Wl. CADQ
CD-120 [Rev. January 1, 2006] ORDER FOR WRIT OF POSSESSION Page 2 of 2
U ^ ] Martin Demi
(Claim and Delivery)
l^BSEilTUlRllUfi'" C a l i f o r n i a Bank & Trust
Document Filed Date
July 29, 2015
Case Filing Date
June 18, 2015
Category
(Breach of Contract/Warranty)
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CD-120 ATTORNEY OR PARTY WITHOUT ATTORNEYflVame.Slate Bar number, and address): — 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 , 1 8 t h F l o o r ti k \ n cr c c n Sacramento, CA 95814 TELEPHONE NO.: ( 9 1 6 ) 444-1000 FAX NO.fOptona/;: ( 9 1 6 ) 444-2100 E-MAIL ADDRESS (Optional): j drelier®downeybr and. com m m 29 AH 10: 23 ATTORNEY FOR (wame;: CALIFORNIA BANK & TRUST mi SUPERIOR COURT OF CAUFORNIA, COUNTY OF Sacramento STREET ADDRESS: 7 2 0 N i n t h S t r e e t MAILING ADDRESS: crrYANDzipcoDE:Sacramento, CA 95814 BRANCH NAME: PLAINTIFF: CALIFOENXA BANK & TRUST, a C a l i f o r n i a c o r p o r a t i o n DEFENDANT:VSS C o u n t e r t o p s , Inc. CASE NUMBER: ORDER FOR WRIT OF POSSESSION 34-2015-00180690 [ X I AFTER HEARING f j EX PARTE AFTER HEARING 1.121 The application of the plaintiff* for a writ of possession was heard as follows ^c/jec/t boxes in 1c and 1d to indicate personal presence at the hearing): a. Judicial Officer (name): b. Hearing date: -2 ^ - | J " rme:<^C{vv\ • Dept: S"*^ • Rm.: c. • Plaintiff fname;: C 3 Attorney (name): d. CI Defendant (name): • Attorney (name): EX PARTE 2. ^ 3 The application of the plaintiff for an ex parte writ of possession has been considered by the court. 3. The court finds: a. n r i Defendant has been properly served as required by Code of Civil Procedure section 512.030. (Do not check this item if the application is ex parte.) b. Plaintiff I 2 1 has hasnot filed an undertaking as required by Code of Civil Procedure section 515.010. c. Plaintiff has established the probable validity of the plantifTs claim to possession of the following property fspec^^: As d e s c r i b e d i n t h e D e c l a r a t i o n o f Raye Ann Johnson, E x h i b i t 4, t o t h e Application • I Continued on Attachment 3c. d. (Xl There is probable cause to believe this property or some part of it is located at one or more of the following private places (specify): 746 Wilbur Way, Sacramento, C a l i f o r n i a 95828 Continued on Attachment 3d. * "Plaintlfr includes cross-complainant, and "defendant" Includes cross-defendant. Page 1 of 2 Form Adapted for Mandatory Use ORDER FOR WRIT OF POSSESSION Code Qv. Proc., §§ 512.020; 512.030: Judicial Council of California 512.070: 514.010-514.050: 515.010 CD-120 p*ev. January 1,2006] IBSEKIUlFgiMS" (Claim and Delivery) . mm.axjrtMo.ca.gov C a l i f o r n i a Bank & T r u s t CD-120 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: 34-2015-00180690 DEFENDANT: Marcia Tucker; and DOES 1 through 50, I n c l u s i v e ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRIT OF POSSESSION 4. Q j The court also finds: a. Defendant gained possession of the property described in item 3c, which was not entrusted to the defendant, by feloniously talcing such property from the plaintiff by means other than by false or fraudulent representation, pretense, or embezzlement. b. Q i "I^e property is a credit card. c. Defendant acquired possession of this property in the ordinary course of the defendant's trade or business for commercial purposes, and (1) the property is not necessary for the support of the defendant or the defendant's family; (2) there is an immediate danger that the property will become unavailable to levy by reason of being transfenred, concealed or removed from the state, or will become substantially impaired in value by acts of destruction, or by failure to take care of the property in a reasonable manner and (3) the ex parte issuance of a vinit of possession is necessary to protect the property. d. Total number of boxes checiced in item 4: ORDERS IT IS ORDERED a. The clerk of this court is directed to issue a writ of possession as provided in Code of Civil Procedure section 512.020, directing the sheriff or marshal within whose jurisdiction the property described in item 3c, or some part of it, is located, to seize such property and retain custody of it as provided in Code of Civil Procedure sections 514.010-514.050. b. ( X l The clerk is directed to issue the writ of possession immediately. c. ^ 3 The clerit is directed to issue the writ of possession upon the plaintifPs filling of a written undertaking, as required by Code of Civil Procedure section 515.010, in the amount of: $ d. The written undertaking required by the defendant for redelivery or to stay delivery is in the amount of. $ e. The clerk of this court is directed to attach a copy of this order and a copy of the plaintifTs undertaking to the writ of possession. f. The sheriff or marshal may enter the following private place(s) to take possession of the property or some part of it: 746 W i l b u r Way, S a c r a m e n t o , C a l i f o r n i a 95828 Continued on Attachment 5f. g. CI Defendant (name): is ordered to transfer possession of the property described in item 3c to the plaintiff. (Code. Civ. Proc, § 512.070.) NOTICE TO DEFENDANT: Failure to comply with an order of the court to turn over possession of such property to the plaintiff may subject you to being held in contempt of court 6. Number of pages attached: Dated (jtiDitiiALo^ER)—{^An^UND Wl. CADQ CD-120 [Rev. January 1, 2006] ORDER FOR WRIT OF POSSESSION Page 2 of 2 U ^ ] Martin Demi (Claim and Delivery) l^BSEilTUlRllUfi'" C a l i f o r n i a Bank & Trust