On September 10, 2020 a
Motion-Secondary
was filed
involving a dispute between
8335 Brentwood Blvd., Llc,
Mst Investments, Llc,
and
Manuel Gonzalez Rodriguez,
for Commercial Unlawful Detainer Unlimited (31)
in the District Court of Santa Clara County.
Preview
R. Burciaga OCT 87 2020,
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT
USE ONLY
VICTORIA BOOKE (SB#142518)
| BOOKE & AILOUNY
606 N. FIRST STREET
SAN JOSE, CA 95112
tevepHone no. 408-286-7000 FAXNO. (Optona): 408-286-7111
EMAIL ADDRESS (Optiona: VoooKe@bookelaw.com; melena@bookelaw.com
ATTORNEY FOR (Name): MST INVESTMENTS, LLC., et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 N. FIRST STREET
MAILING ADDRESS:
CITY AND ZIP CODE: SAN JOSE, CA 95113
BRANCH NAME: CIVIL DIVISION
PLAINTIFF: MST Investments, LLC; 8335 Brentwood Blvd., LLC
DEFENDANT: MANUEL GONZALEZ RODRIGUEZ
ORDER FOR WRIT OF POSSESSION CASE NUMBER:
[_] AFTER HEARING EX PARTE 20CV370182
AFTER HEARING
1. [--] The application of the plaintiff for a writ of possession was heard as follows (check boxes in 1¢ and 1d to indicate personal
presence at the hearing):
a. Judicial Officer (name):
b. Hearing date: Time: {J Dept: C Rm:
G. . CI Plaintitt (name): Co Attorney (name):
|. [I Defendant (name): Co Attorney (name):
EX PARTE
2. BZ] The application of the plaintiff for an ex parte writ of possession has been considered by the court.
3. The court finds:
a. [__] 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 [__] has [1] has not filed an undertaking as required by Code of Civil Procedure section 515.010.
c. Plaintiff has established the probable validity of the plaintiffs claim to possession of the fallowing property (specify):
1527 ALUM ROCK AVENUE, SAN JOSE, CA 95116
[—) Continued on Attachment 3c.
d.[__] 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):
[1 Continued on Attachment 3d.
“Plaintiff” includes cross-complainant, and “defendant” includes cross-defendant.
Pogo of2
Form Adopted for Mandatory Use (Code Civ. Proc., §§ 512.020; 512.030;
Judicial Counc! Califor ORDER FOR WRIT OF POSSESSION 512.070; §14.010-514.050; 515.010
0-120 [Rev. January 1, 2006] way ca.gov
(Claim and Delivery)
CD-120
PLAINTIFF: MST Investments, LLC; 8335 Brentwood Blvd., LLC CASE NUMBER:
20CV370182
DEFENDANT: MANUEL GONZALEZ RODRIGUEZ
ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRIT OF POSSESSION
4. [) The court also finds:
a. [_] Defendant gained possession of the property described in item 3c, which was not entrusted to the defendant, by
feloniously taking such property from the plaintiff by means other than by false or fraudulent representation, pretense, or
embezzlement,
b CJ] The property is a credit card.
« CJ 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 transferred,
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 writ of possession is necessary
to protect the property.
d. Total number of boxes checked in item 4:
ORDERS
5. ITIS 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.
[1] The clerk is directed to issue the writ of possession immediately.
[1 The clerk is directed to issue the writ of possession upon the plaintif’s filling of a written undertaking, as required by
Code of Civil Procedure section 515.010, in the amount of: $
The written undertaking required by the defendant for redelivery or to stay delivery is in the amount of: $
The clerk of this court is directed to attach a copy of this order and a copy of the plaintiff's undertaking to the writ of possession.
The sheriff or marshal may enter the following private place(s) to take possession of the property or some part of it:
[1 Continued on Attachment 5f.
g. ({) 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: (JUDICIAL OFFICER)
[1 Signature follows last attachment.
CD-120 [Rev. January 1, 2006) Page 20f2
ORDER FOR WRIT OF POSSESSION
(Claim and Delivery)
Document Filed Date
October 27, 2020
Case Filing Date
September 10, 2020
Category
Commercial Unlawful Detainer Unlimited (31)
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