On February 19, 2014 a
Order
was filed
involving a dispute between
Li, Charles,
and
547 Investments Llc,,
Chiu, Thai Ming,
Does 1 Thru 50,
Liu, Kaman,
Yan, Cheuk Tin,
Yan, Demas,
Yan, Tina,
Li, Charles,
for civil
in the District Court of San Francisco County.
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Duy Thai, SBN 157345
One Embarcadero Center, Suite 1020
San Francisco, California 94111
Tel: 415 296-9927
Fax: 415 230-5779
Attorney for Plaintiff Charles Li
uty Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION
CHARLES LI, an individual,
Plaintiff,
Vv.
THAI MING CHIU, an individual;
DEMAS YAN, an individual; KAMAN
LIU, an individual; TINA YAN a/k/a
TINA FOON YU YAN, an individual;
547 234 AVENUE, LLC, a California
limited liability company; 547
INVESTMENTS LLC, a California
limited liability company; DOES 1
through 50,
Defendants.
SALE OF DWELLING OF JUDGMENT
DEBTOR THAI MING CHIU
Date: May 17, 2019
Time: 11:00 a.m.
Dept.: 302
This matter came to be heard upon an Order to Show Cause why an Order
of Sale should not issue to execute upon Judgment Debtor Thai Ming Chiu’s real
property for satisfaction of judgment.
Having received and reviewed the evidence and submissions of the
parties, the Court hereby FINDS AND ORDERS as follows:
1. Pursuant to Cal. Code Civ. Pro. § 701.510, the San Francisco
County Sheriff is authorized and directed to conduct an execution/auction sale of certainoO YN DWH BF Ww NY
Nw NY NR NY YD Be Be we Be we ee ee eB
RRwRRREBEBHRSESGCe WA DEBHRES
real property owned by Judgment Debtor located at 768 38" Avenue, San Francisco,
California, which is more particularly described as follows:
APN#: 1607 017
SITUATED IN THE COUNTY OF SAN FRANCISCO, STATE OF
CALIFORNIA: BEGINNING AT A POINT ON THE EASTERLY LINE
OF THIRTY-EIGHTH AVENUE, DISTANT THEREON 50 FEET
NORTHERLY FROM THE NORTHERLY LINE OF CABRILLO
STREET, RUNNING THENCE NORTHERLY ALONG SAID LINE OF
THIRTY-EIGHTH AVENUE 25 FEET; THENCE AT A RIGHT ANGLE
EASTERLY 120 FEET; THENCE AT A RIGHT ANGLE SOUTHERLY
25 FEET; THENCE AT A RIGHT ANGLE WESTERLY 120 FEET TO
THE POINT OF BEGINNING.
BEING PORTION OF OUTSIDELAND BLOCK NO 344.
2. The real property identified above has a fair market value of
$1,425,000, and is a dwelling and a homestead. The sale ordered herein shall be subject
to a homestead exemption of $175,000.00. No homestead declaration under CCP Section
704.910 et seq. has been recorded by the Judgment Debtor (and/or the spouse of the
Judgment Debtor).
3. The Sheriff shall distribute the proceeds of sale in the following
order (CCP § 704.850(a)):
* To discharge all superior liens and encumbrances on the property,
including preferred labor claims and any state tax liens. Based upon the submissions of
the parties, there are no liens or encumbrances that are superior to Judgment Creditor’s
lien.
¢ To the judgment debtor in the amount of the homestead exemption.
* To the levying officer to reimburse costs that have not been advanced.
* To the judgment creditor to satisfy costs and interest accruing after
issuance of the writ of execution, followed by the amount due on the judgment plus costs
and interest as against this Judgment Debtor as entered on the writ of execution.
* To the judgment debtor in the amount remaining.
2
AMENDED ORDER OF SALE OF DWELLING OF JUDGMENT DEBTOR THAI MING CHIU
Liv. Chiu, et al., CGC-14-537574Cm NA HW Bw HY
NN NY Be Be eB Be ee Be ew Be
BNeRRRBEBRE BGS WF BEERS
4. The minimum bid that the levying officer may accept shall be
$1,282,500.00, which is ninety-percent (90%) of the fair market value of the property and
sufficient to satisfy the homestead exemption and any superior liens and encumbrances
on this property, which total $175,000.00. If the levying officer receives a highest bid that
is less than $1,282,500.00 but more than $175,000.00, plaintiff may bring a motion
pursuant to Code Civ. Pro. § 704.800 for the Court’s permission to accept such highest
bid or for a new order of sale of the dwelling. If plaintiff makes a judgment credit bid, at
least $175,000.00 of such bid must nevertheless be in cash to satisfy the homestead
exemption.
BE IT SO ORDERED.
DATED: KG, (4 0014 Ese PW
“Judge of the Superior Court
ETHAN P. SCHULMAN
3
AMENDED ORDER OF SALE OF DWELLING OF JUDGMENT DEBTOR THAI MING CHIU
Li v. Chiu, et al., CGC-14-537574
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Duy Thai, SBN 157345 One Embarcadero Center, Suite 1020 San Francisco, California 94111 Tel: 415 296-9927 Fax: 415 230-5779 Attorney for Plaintiff Charles Li uty Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION CHARLES LI, an individual, Plaintiff, Vv. THAI MING CHIU, an individual; DEMAS YAN, an individual; KAMAN LIU, an individual; TINA YAN a/k/a TINA FOON YU YAN, an individual; 547 234 AVENUE, LLC, a California limited liability company; 547 INVESTMENTS LLC, a California limited liability company; DOES 1 through 50, Defendants. SALE OF DWELLING OF JUDGMENT DEBTOR THAI MING CHIU Date: May 17, 2019 Time: 11:00 a.m. Dept.: 302 This matter came to be heard upon an Order to Show Cause why an Order of Sale should not issue to execute upon Judgment Debtor Thai Ming Chiu’s real property for satisfaction of judgment. Having received and reviewed the evidence and submissions of the parties, the Court hereby FINDS AND ORDERS as follows: 1. Pursuant to Cal. Code Civ. Pro. § 701.510, the San Francisco County Sheriff is authorized and directed to conduct an execution/auction sale of certainoO YN DWH BF Ww NY Nw NY NR NY YD Be Be we Be we ee ee eB RRwRRREBEBHRSESGCe WA DEBHRES real property owned by Judgment Debtor located at 768 38" Avenue, San Francisco, California, which is more particularly described as follows: APN#: 1607 017 SITUATED IN THE COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA: BEGINNING AT A POINT ON THE EASTERLY LINE OF THIRTY-EIGHTH AVENUE, DISTANT THEREON 50 FEET NORTHERLY FROM THE NORTHERLY LINE OF CABRILLO STREET, RUNNING THENCE NORTHERLY ALONG SAID LINE OF THIRTY-EIGHTH AVENUE 25 FEET; THENCE AT A RIGHT ANGLE EASTERLY 120 FEET; THENCE AT A RIGHT ANGLE SOUTHERLY 25 FEET; THENCE AT A RIGHT ANGLE WESTERLY 120 FEET TO THE POINT OF BEGINNING. BEING PORTION OF OUTSIDELAND BLOCK NO 344. 2. The real property identified above has a fair market value of $1,425,000, and is a dwelling and a homestead. The sale ordered herein shall be subject to a homestead exemption of $175,000.00. No homestead declaration under CCP Section 704.910 et seq. has been recorded by the Judgment Debtor (and/or the spouse of the Judgment Debtor). 3. The Sheriff shall distribute the proceeds of sale in the following order (CCP § 704.850(a)): * To discharge all superior liens and encumbrances on the property, including preferred labor claims and any state tax liens. Based upon the submissions of the parties, there are no liens or encumbrances that are superior to Judgment Creditor’s lien. ¢ To the judgment debtor in the amount of the homestead exemption. * To the levying officer to reimburse costs that have not been advanced. * To the judgment creditor to satisfy costs and interest accruing after issuance of the writ of execution, followed by the amount due on the judgment plus costs and interest as against this Judgment Debtor as entered on the writ of execution. * To the judgment debtor in the amount remaining. 2 AMENDED ORDER OF SALE OF DWELLING OF JUDGMENT DEBTOR THAI MING CHIU Liv. Chiu, et al., CGC-14-537574Cm NA HW Bw HY NN NY Be Be eB Be ee Be ew Be BNeRRRBEBRE BGS WF BEERS 4. The minimum bid that the levying officer may accept shall be $1,282,500.00, which is ninety-percent (90%) of the fair market value of the property and sufficient to satisfy the homestead exemption and any superior liens and encumbrances on this property, which total $175,000.00. If the levying officer receives a highest bid that is less than $1,282,500.00 but more than $175,000.00, plaintiff may bring a motion pursuant to Code Civ. Pro. § 704.800 for the Court’s permission to accept such highest bid or for a new order of sale of the dwelling. If plaintiff makes a judgment credit bid, at least $175,000.00 of such bid must nevertheless be in cash to satisfy the homestead exemption. BE IT SO ORDERED. DATED: KG, (4 0014 Ese PW “Judge of the Superior Court ETHAN P. SCHULMAN 3 AMENDED ORDER OF SALE OF DWELLING OF JUDGMENT DEBTOR THAI MING CHIU Li v. Chiu, et al., CGC-14-537574