Preview
HWANUUIINULUL
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-26-2016 3:15 pm
Case Number: CPF-10-510825
Filing Date: Aug-26-2016 3:14
Filed by. CYNTHIA HERBERT
Image: 05530914
ORDER
RIDGE APTS. HOLDING COMPANY, LLC VS. TRA REAL ESTATE LLC et al
001005530914
Instructions:
Please place this sheet on top of the document to be scanned.Cc ew rt an es BW ND m
vy N ON em em et
BRRREREBBRBEERWTRDEEKEES
San Francisco County Superior Court
AUG 26 2016
CHER Yi 15 COURT
ey: uty Clark
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
RIDGE APARTMENTS HOLDING _ | Case No. CPF-10-510825
COMPANY LLC,
ORDER RE MOTION TO COMPEL
Plaintiff, BANK OF AMERICA TO HONOR
NOTICE OF LEVY & SANCTIONS
vs. UNDER CCP § 701.020
TRA REAL ESTATE LLC and MARK S.
KEENER,
Defendant.
1 CPF-10-510825
ORDERceo a A mH ek WH DY eB
yb NN SO a i i te
BRRRPRBBEREBSEREWRTEEBHRES
ORDER
Plaintiff and Judgment Creditor Ridge Apartments Holding Company, LLC’s (“Judgment
Creditor”) Motion to Compel Bank of America to Honor Notice of Levy & Sanctions Pursuant to
Code of Civil Procedure § 701.020 (the “Motion”) was heard on August 3, 2016 at 9:00 am in
Department 302 of the above-entitled court by the Honorable David F. Mangini
presiding. Judgment Creditor appeared through its counsel of record, Brandon
Judge Pro Tem,
. Witkow, of
witkowlaw, aplc. Respondent Bank of America, N.A. (“Respondent”) appeared through their
counsel of record, Clara Morain Nabity, of Orrick, Herrington & Sutcliffe LLP.
After considering the pleadings and papers filed by Judgment Creditor a
nd Respondent,
and hearing argument on the Motion, the Court FINDS AND ORDERS AS FOLLOWS:
(1) That the September 22, 2015 Notice of Levy and Writ of Executi
was properly served on Respondent, pursuant to Code of Civil P:
488.460(a), 700.150(a), 684.110(c) and 684.115(0), at its branch
Broadway, Oakland, CA 94611 by the Alameda County Sheriff’
the levying officer;
(2) That Respondent failed to comply in good faith with Code of Ci
700.150 by failing to timely deliver the safe deposit box that was
on (the “Levy”)
‘ocedure §§
located at 5148
Department as
il Procedure §
the subject of the
Levy to the Alameda County Sheriff's Department as the levying officer;
(3) That Respondent failed to comply in good faith with Code of Civil Procedure §
701.030 by failing to timely provide the Memorandum of Garnis}
Alameda County Sheriff's Department as the levying officer;
4) That Judgment Creditor’s Motion is GRANTED; and
ee to the
(5) Respondent is ORDERED to pay attorneys’ fees and costs to Judgment Creditor in
the amount of $6,000.00 within ten (10) days, pursuant to Cal. Code Civ. Proc. §§
701.020(c) and 701.030(d).
ORDER
CPF-10-510825cm rtyran kF Bw yw =
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IT IS SO ORDERED.
Dated: August 22, 2016
Hon. David F. Mangini
Superior Court Judge, Pr
San Francisco
Tem, County of
CPF-10-510825
ORDERSuperior Court of California
County of San Francisco
RIDGE APARTMENTS HOLDING Case Number: CPF-10-510825
COMPANY LLC,
Plaintiffs,
vs. :
- CERTIFICATE OF MAILING
TRA REAL ESTATE LLC AND . (CCP 1013a (4) )
MARK S. KEENER,
Defendants.
I, Cynthia Herbert, a Deputy Clerk of the Superior Court of the County of San whancisco,
certify that I am not.a party to the within action.
On August 26, 2016, , I served the attached Order Re: Motion to Compel Bank of
America to Honor Notice of Levy & Sanctions under CCP Section 701.020 , a copy
thereof in a sealed envelope, addressed as follows:
Brandon J. Witknow
Locke Lord LLP
300 South Grand Avenue, Ste. 2600
Los Angeles, CA 90071
Clara Morain Nabity
Orrick, Herrington & Sutcliffe LLP
2050 Main Street, Ste. 1100
Irvine, CA 92614
and, I then placed the sealed envelopes in the outgoing mail at 400 McAllister Street, San
Francisco, CA. 94102 on the date indicated above for collection, attachment of
prepaid postage, and mailing on that date following standard court practices.
Dated: August 26, 2016
Michael Yuen, Clerk
py: Web t-
required
Cynthia Herbert
Deputy Clerk
Preview
HWANUUIINULUL SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-26-2016 3:15 pm Case Number: CPF-10-510825 Filing Date: Aug-26-2016 3:14 Filed by. CYNTHIA HERBERT Image: 05530914 ORDER RIDGE APTS. HOLDING COMPANY, LLC VS. TRA REAL ESTATE LLC et al 001005530914 Instructions: Please place this sheet on top of the document to be scanned.Cc ew rt an es BW ND m vy N ON em em et BRRREREBBRBEERWTRDEEKEES San Francisco County Superior Court AUG 26 2016 CHER Yi 15 COURT ey: uty Clark SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO RIDGE APARTMENTS HOLDING _ | Case No. CPF-10-510825 COMPANY LLC, ORDER RE MOTION TO COMPEL Plaintiff, BANK OF AMERICA TO HONOR NOTICE OF LEVY & SANCTIONS vs. UNDER CCP § 701.020 TRA REAL ESTATE LLC and MARK S. KEENER, Defendant. 1 CPF-10-510825 ORDERceo a A mH ek WH DY eB yb NN SO a i i te BRRRPRBBEREBSEREWRTEEBHRES ORDER Plaintiff and Judgment Creditor Ridge Apartments Holding Company, LLC’s (“Judgment Creditor”) Motion to Compel Bank of America to Honor Notice of Levy & Sanctions Pursuant to Code of Civil Procedure § 701.020 (the “Motion”) was heard on August 3, 2016 at 9:00 am in Department 302 of the above-entitled court by the Honorable David F. Mangini presiding. Judgment Creditor appeared through its counsel of record, Brandon Judge Pro Tem, . Witkow, of witkowlaw, aplc. Respondent Bank of America, N.A. (“Respondent”) appeared through their counsel of record, Clara Morain Nabity, of Orrick, Herrington & Sutcliffe LLP. After considering the pleadings and papers filed by Judgment Creditor a nd Respondent, and hearing argument on the Motion, the Court FINDS AND ORDERS AS FOLLOWS: (1) That the September 22, 2015 Notice of Levy and Writ of Executi was properly served on Respondent, pursuant to Code of Civil P: 488.460(a), 700.150(a), 684.110(c) and 684.115(0), at its branch Broadway, Oakland, CA 94611 by the Alameda County Sheriff’ the levying officer; (2) That Respondent failed to comply in good faith with Code of Ci 700.150 by failing to timely deliver the safe deposit box that was on (the “Levy”) ‘ocedure §§ located at 5148 Department as il Procedure § the subject of the Levy to the Alameda County Sheriff's Department as the levying officer; (3) That Respondent failed to comply in good faith with Code of Civil Procedure § 701.030 by failing to timely provide the Memorandum of Garnis} Alameda County Sheriff's Department as the levying officer; 4) That Judgment Creditor’s Motion is GRANTED; and ee to the (5) Respondent is ORDERED to pay attorneys’ fees and costs to Judgment Creditor in the amount of $6,000.00 within ten (10) days, pursuant to Cal. Code Civ. Proc. §§ 701.020(c) and 701.030(d). ORDER CPF-10-510825cm rtyran kF Bw yw = 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: August 22, 2016 Hon. David F. Mangini Superior Court Judge, Pr San Francisco Tem, County of CPF-10-510825 ORDERSuperior Court of California County of San Francisco RIDGE APARTMENTS HOLDING Case Number: CPF-10-510825 COMPANY LLC, Plaintiffs, vs. : - CERTIFICATE OF MAILING TRA REAL ESTATE LLC AND . (CCP 1013a (4) ) MARK S. KEENER, Defendants. I, Cynthia Herbert, a Deputy Clerk of the Superior Court of the County of San whancisco, certify that I am not.a party to the within action. On August 26, 2016, , I served the attached Order Re: Motion to Compel Bank of America to Honor Notice of Levy & Sanctions under CCP Section 701.020 , a copy thereof in a sealed envelope, addressed as follows: Brandon J. Witknow Locke Lord LLP 300 South Grand Avenue, Ste. 2600 Los Angeles, CA 90071 Clara Morain Nabity Orrick, Herrington & Sutcliffe LLP 2050 Main Street, Ste. 1100 Irvine, CA 92614 and, I then placed the sealed envelopes in the outgoing mail at 400 McAllister Street, San Francisco, CA. 94102 on the date indicated above for collection, attachment of prepaid postage, and mailing on that date following standard court practices. Dated: August 26, 2016 Michael Yuen, Clerk py: Web t- required Cynthia Herbert Deputy Clerk