Order: CHARLES LI VS. THAI MING CHIU et al

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                                COA

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Apr-16-2019 8:25 am

Case Number: CGC-14-537574
Filing Date: Apr-16-2019 8:22
Filed by: WILLIAM TRUPEK

Image: 06768256
ORDER

CHARLES LI VS. THAI MING CHIU et al

001006768256

Instructions:
Please place this sheet on top of the document to be scanned.Duy Thai, SBN 157345

One Embarcadero Center, Suite 1020 1
San Francisco, California 94111 APR 1G 2019
Tel: 415 296-9927 CLERC OF THE COURT
Fax: 415 230-5779 Va
a = “Saputy Clerk

Attorney for Plaintiff Charles Li

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION

CHARLES LI, an individual, Case No.: CGC.14-537574

o
Plaintiff, [PROPOSED] ORDER OF SALE OF
DWELLING OF JUDGMENT DEBTOR

v. TINA YAN
THAI MING CHIU, an individual;
DEMAS YAN, an individual; KAMAN Date: March 22, 2019
LIU, an individual; TINA YAN a/k/a Time: 9:30 a.m.
TINA FOON YU YAN, an individual; Dept.: 302

547 23" AVENUE, LLC, a California
limited liability company; 547
INVESTMENTS LLC, a California
limited liability company; DOES 1
through 50,

Defendants.

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 Tina Yan’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 certainN

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real property owned by Judgment Debtor located at 768 38" Avenue, San Francisco,
California, which is more particularly described as follows:

APN#: 1846 009

BEGINNING AT A POINT ON THE WESTERLY LINE OF SEVENTH
AVENUE, DISTANT THEREON 200 FEET SOUTHERLY FROM THE
SOUTHERLY CORNER OF SEVENTH AND JUDAH STREET; AND
RUNNING THENCE SOUTHERLY ALONG SAID LINE OF
SEVENTH AVENUE 25 FEET; THENCE AT A RIGHT ANGLE
WESTERLY 120 FEET; THENCE AT A RIGHT ANGLE NORTHERLY
25 FEET; AND THENCE AT A RIGHT ANGLE EASTERLY 120 FEET
TO THE POINT OF THE BEGINNING.

BEING PART OF OUTSIDE LAND BLOCK NO. 762.

2. The real property identified above has a fair market value of
$1,775,000, 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. The outstanding liens and
encumbrances on the property and their holders are U.S. Bank, National Association
N.D., no more than $246,875.00; and Bank of America, N.A., no more than $240,000.00.
The Sheriff is authorized to obtain the outstanding balance amount from each such
lienholder.

* 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.

2
[PROPOSED] ORDER OF SALE OF DWELLING OF JUDGMENT DEBTOR TINA YAN
Liv. Chiu et al., CGC-14-537574Ce ND HW RF BW YY

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* To the judgment debtor in the amount remaining.
BE IT SO ORDERED.

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Judge of the Superior Court
RICHARD B. ULMER

3
{PROPOSED] ORDER OF SALE OF DWELLING OF JUDGMENT DEBTOR TINA YAN
Li v. Chiu et al., CGC-14-537574