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EJ-130
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: 264635
FOR COURT USE ONLY
NAME: Nathan F. Smith
FIRM NAME: Malcolm & Cisneros
STREET ADDRESS: 2112 Business Center Drive
CITY: Irvine STATE: CA ZIP CODE: 92612
TELEPHONE NO.: 949-252-9400 FAX NO.: 949-252-1032
EMAIL ADDRESS: Nathan@mclaw.org
ATTORNEY FOR (name): The Bank of New York Mellon FKA The Bank of New York
ATTORNEY FOR ORIGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Ave.
MAILING ADDRESS: 1215 Truxtun Ave.
CITY AND ZIP CODE: Bakersfield, CA 93301
BRANCH NAME: Metropolitan Division
PLAINTIFF/PETITIONER: The Bank of New York Mellon FKA The Bank of New York CASE NUMBER:
BCV-22-100241
DEFENDANT/RESPONDENT: Gonzales, et al.
EXECUTION (Money Judgment) Limited Civil Case
(including Small Claims)
WRIT OF POSSESSION OF Personal Property
Unlimited Civil Case
SALE Real Property
(including Family and Probate)
1. To the Sheriff or Marshal of the County of: KERN
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):
is the 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.
Aimee Kathrina Gonzales
11008 Camino La Paz 11. Total judgment (as entered or renewed) $ 305,137.95
Bakersfield, CA 93306 12. Costs after judgment (CCP 685.090) $ 3,004.85
13. Subtotal (add 11 and 12) $ 308,142.80
14. Credits to principal (after credit to interest) $ 0.00
Additional judgment debtors on next page 15. Principal remaining due (subtract 14 from 13) $ 308,142.80
16. Accrued interest remaining due per $ 52,584.02
5. Judgment entered on (date): 07/06/2022 CCP 685.050(b) (not on GC 6103.5 fees)
(See type of judgment in item 22.) 17. Fee for issuance of writ (per GC 70626(a)(l)) $ 40.00
6. Judgment renewed on (dates): 18. TotaI amount due (add 15, 16, and 17) $ 360,766.82
19. Levying officer:
a. Add daily interest from date of writ (at
7. Notice of sale under this writ:
the legal rate on 15) (not on
a. has not been requested.
GC 6103.5 fees) . . . . . . . . . . . . . . . . $ 83.60
b. has been requested (see next page).
b. Pay directly to court costs included in
8. Joint debtor information on next page. 11 and 17 (GC 6103.5, 68637;
CCP 699.520(j)) . . . . . . . . . . . . . . . . $ 0.00
[SEAL]
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
Judicial Council of California
WRIT OF EXECUTION Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Government Code, § 6103.5
EJ-130 [Rev. September 1, 2020] www.courts.ca.gov
EJ-130
Plaintiff/Petitioner: The Bank of New York Mellon FKA The Bank of New York CASE NUMBER:
Defendant/Respondent: Gonzales, et al. BCV-22-100241
21. Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):
Antonio Robert Gonzales Crystal Demmon
1365 Las Encinas Dr. 2904 3/4 Hillcrest Dr.
Los Osos, CA 93402 Los Angeles, CA 90016
22. The judgment is for (check one):
a. wages owed.
b. child support or spousal support.
c. other.
23. Notice of sale has been requested by (name and address):
The Bank of New York Mellon FKA The Bank of New York,
as Indenture Trustee for the Noteholders for the CWABS,
c/o Malcolm & Cisneros
2112 Business Center Drive
Irvine, CA 92612
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: The Bank of New York Mellon FKA The Bank of New York CASE NUMBER:
Defendant/Respondent: Gonzales, et al. BCV-22-100241
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 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
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
MC-025
CASE NUMBER:
SHORT TITLE:
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form www.ceb.com
MC-025
CASE NUMBER:
SHORT TITLE:
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.)
(Add pages as required)
www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form www.ceb.com
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EJ-130 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: 264635 FOR COURT USE ONLY NAME: Nathan F. Smith FIRM NAME: Malcolm & Cisneros STREET ADDRESS: 2112 Business Center Drive CITY: Irvine STATE: CA ZIP CODE: 92612 TELEPHONE NO.: 949-252-9400 FAX NO.: 949-252-1032 EMAIL ADDRESS: Nathan@mclaw.org ATTORNEY FOR (name): The Bank of New York Mellon FKA The Bank of New York ATTORNEY FOR ORIGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Ave. MAILING ADDRESS: 1215 Truxtun Ave. CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: Metropolitan Division PLAINTIFF/PETITIONER: The Bank of New York Mellon FKA The Bank of New York CASE NUMBER: BCV-22-100241 DEFENDANT/RESPONDENT: Gonzales, et al. EXECUTION (Money Judgment) Limited Civil Case (including Small Claims) WRIT OF POSSESSION OF Personal Property Unlimited Civil Case SALE Real Property (including Family and Probate) 1. To the Sheriff or Marshal of the County of: KERN 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): is the 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. Aimee Kathrina Gonzales 11008 Camino La Paz 11. Total judgment (as entered or renewed) $ 305,137.95 Bakersfield, CA 93306 12. Costs after judgment (CCP 685.090) $ 3,004.85 13. Subtotal (add 11 and 12) $ 308,142.80 14. Credits to principal (after credit to interest) $ 0.00 Additional judgment debtors on next page 15. Principal remaining due (subtract 14 from 13) $ 308,142.80 16. Accrued interest remaining due per $ 52,584.02 5. Judgment entered on (date): 07/06/2022 CCP 685.050(b) (not on GC 6103.5 fees) (See type of judgment in item 22.) 17. Fee for issuance of writ (per GC 70626(a)(l)) $ 40.00 6. Judgment renewed on (dates): 18. TotaI amount due (add 15, 16, and 17) $ 360,766.82 19. Levying officer: a. Add daily interest from date of writ (at 7. Notice of sale under this writ: the legal rate on 15) (not on a. has not been requested. GC 6103.5 fees) . . . . . . . . . . . . . . . . $ 83.60 b. has been requested (see next page). b. Pay directly to court costs included in 8. Joint debtor information on next page. 11 and 17 (GC 6103.5, 68637; CCP 699.520(j)) . . . . . . . . . . . . . . . . $ 0.00 [SEAL] 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 Judicial Council of California WRIT OF EXECUTION Code of Civil Procedure, §§ 699.520, 712.010, 715.010 Government Code, § 6103.5 EJ-130 [Rev. September 1, 2020] www.courts.ca.gov EJ-130 Plaintiff/Petitioner: The Bank of New York Mellon FKA The Bank of New York CASE NUMBER: Defendant/Respondent: Gonzales, et al. BCV-22-100241 21. Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address): Antonio Robert Gonzales Crystal Demmon 1365 Las Encinas Dr. 2904 3/4 Hillcrest Dr. Los Osos, CA 93402 Los Angeles, CA 90016 22. The judgment is for (check one): a. wages owed. b. child support or spousal support. c. other. 23. Notice of sale has been requested by (name and address): The Bank of New York Mellon FKA The Bank of New York, as Indenture Trustee for the Noteholders for the CWABS, c/o Malcolm & Cisneros 2112 Business Center Drive Irvine, CA 92612 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: The Bank of New York Mellon FKA The Bank of New York CASE NUMBER: Defendant/Respondent: Gonzales, et al. BCV-22-100241 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 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 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 MC-025 CASE NUMBER: SHORT TITLE: ATTACHMENT (Number): (This Attachment may be used with any Judicial Council form.) (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) www.courtinfo.ca.gov Form Approved for Optional Use Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form www.ceb.com MC-025 CASE NUMBER: SHORT TITLE: ATTACHMENT (Number): (This Attachment may be used with any Judicial Council form.) (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) www.courtinfo.ca.gov Form Approved for Optional Use Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form www.ceb.com