On August 24, 2018 a
Order of Examination
was filed
involving a dispute between
Bertha Acosta Cervantes,
and
Antonia Solis,
for Breach of Contract/Warranty: Unlimited
in the District Court of Stanislaus County.
Preview
AT-1 38lEJ-125
ATrORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR
No.2203909 FOR mum- USE on"
NAME: Armando S. Mendez
FIRM NAME:Law Office of Armando S. Mendez
STREET ADDRESS:1231 8th Street, Suite 600
CITY:Modesto >
STATE:CA 95354
ZIP CODE:
TELEPHONE No.:(209)622-0600 FAXN°~=
E-MAIL ADDRESS:
amendezlaw@aot.com
Bertha Acosta Cervantes
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
STREET ADDRESS:801 10th Street
MAILING ADDRESS:
Modesto, CA 95354
CITY AND ZIP CODE:
BRANCH NAME: City Towers Civil
$60 PD
PLAINTIFF Bertha Acosta Cervantes
DEFENDANT Antonia Solis
APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
E ENFORCEMENT OF JUDGMENT E ATTACHMENT (Third Person)
CASE NUMBER:
CV-18-002461
D Judgment Debtor E Third Person
ORDER TO APPEAR FOR EXAMINATION
1. TO (name): Audel Solis
2. YOU ARE ORDERED TO APPEAR personally before this court. or before a referee appointed by the court, to
a. furnish information to aid in enforcement of a money judgment against you.
b. x answer concerning property of the judgment debtor in your possession or control or
conoeming a debt you owe the
judgment debtor.
c. E answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant
that is subject to attachment.
Date: 2/9/21 Time: 8:30 AM Dept. or Div.: D23 Rm.:
Address of court EX is shown above E is:
3. This order may be served by a sheriff, marshal, registered process sewer, or the following specially appointed
person (n ame):
Date: 1/7/21
fl ' :4
John Freeland JUDGE.
This order must be sewed not less than 10 days before the date set for the examination.
IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4. E
applies
Original judgment creditor
for an order requiring
E Assignee of record E
Audel Solis
Plaintiff who has a right to attach order
(name):
to appear and furnish information to aid in enforcement of the money judgment or to answer
concerning property or debt.
5. The person to be examined is
a. E the judgment debtor.
b. a third person (1) who has possession or control of property
belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit
supporting this application under Code of Civil
Procedure section 491.110 or 708.120 is attached.
6. The person to be examined resides or has a place of business in this county or within 150 miles of the
place of examination.
7. E This court is not the court in which the money judgment is entered or (attachment
only) thecourt that issued the writ of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is
8. E The judgment debtor has been examined within the past 120 days. An affidavit
is attached.
showing good cause foranother
attached.
examination
l declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Date: December 9, 2020
R
/
Armando S. Mendez
(TYPE 0R PRINT NAME)
(Continued on reverse)¢ (SIGNATfificukRANT) Pug. 1 or:
FormAWPrMmmUse APPLICATION AND ORDER‘FoR-——/
Wa‘a'ém‘éifi'fifnfiw mom APPEARANCE AND EXAMINATION 55‘9""°'7°8“‘°Ili‘3‘2§u°hl%§:}23
(Attachment—Enforcement of Judgment)
AT-1 38IEJ-1 25
Information for Judgment Creditor Regarding Service
If you want to be able to ask the court to enforce the order on the
judgment debtor or any third party, you
must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered
process sewer, or the person appointed in item 3 of the order at least 10 calendar days before the date of
the hearing, and have a proof of service filed with the court.
IMPORTANT NOTICES ABOUT THE ORDER
APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.
APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.
(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this
action claims that the person to be examined under this order has possession or control of property
that is yours or owes you a debt. This property or debt is as follows (describe the property or debt):
AUDEL SOLIS IS THE SPOUSE OF THE JUDGMENT DEBTOR AND HAS KNOWLEDGE OF THE
WHEREABOUTS OF THE ASSETS AND OTHER NECESSARY INFORMATION REGARDING THE
JUDGMENT DEBTOR TO AID IN THE ENFORCEMENT OF THIS JUDGMENT INCLUDING BUT NOT
LIMITED TO INFORMATION REGARDING REAL PROPERTY AT 7838 IRWIN COURT HILMAR
CALIFORNIA, EARNINGS AND ASSETS FOR THE BUSINESS "TONY's ILLUSIONS" and SUCCESORS,
WEST AMERICA BANK ACCOUNT, FARMERS MERCHANT BANK ACCOUNT, CASH ON HAND,
ACCOUNTS RECEIVABLES, VEHICLES AND OTHER ASSETS OF DEBTOR
If you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must fileyour exemption claim in writing with the court and have a copy personally
served on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim of exemption
or your exemption may be waived.
APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you
may be subject to arrest and punishment for contempt of court, and the court may make an order
requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.
APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following to appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.
Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign
language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk’s
office for Request for Accommodation (form MC-410). (Civil Code,
§ 54.8.)
AT-138’EJ-125IRW January
2°17]
1-
APPLICATION AND ORDER FOR "92°”
APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)
Document Filed Date
January 21, 2021
Case Filing Date
August 24, 2018
Category
Breach of Contract/Warranty: Unlimited
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AT-1 38lEJ-125 ATrORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No.2203909 FOR mum- USE on" NAME: Armando S. Mendez FIRM NAME:Law Office of Armando S. Mendez STREET ADDRESS:1231 8th Street, Suite 600 CITY:Modesto > STATE:CA 95354 ZIP CODE: TELEPHONE No.:(209)622-0600 FAXN°~= E-MAIL ADDRESS: amendezlaw@aot.com Bertha Acosta Cervantes ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS STREET ADDRESS:801 10th Street MAILING ADDRESS: Modesto, CA 95354 CITY AND ZIP CODE: BRANCH NAME: City Towers Civil $60 PD PLAINTIFF Bertha Acosta Cervantes DEFENDANT Antonia Solis APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION E ENFORCEMENT OF JUDGMENT E ATTACHMENT (Third Person) CASE NUMBER: CV-18-002461 D Judgment Debtor E Third Person ORDER TO APPEAR FOR EXAMINATION 1. TO (name): Audel Solis 2. YOU ARE ORDERED TO APPEAR personally before this court. or before a referee appointed by the court, to a. furnish information to aid in enforcement of a money judgment against you. b. x answer concerning property of the judgment debtor in your possession or control or conoeming a debt you owe the judgment debtor. c. E answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant that is subject to attachment. Date: 2/9/21 Time: 8:30 AM Dept. or Div.: D23 Rm.: Address of court EX is shown above E is: 3. This order may be served by a sheriff, marshal, registered process sewer, or the following specially appointed person (n ame): Date: 1/7/21 fl ' :4 John Freeland JUDGE. This order must be sewed not less than 10 days before the date set for the examination. IMPORTANT NOTICES ON REVERSE APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION 4. E applies Original judgment creditor for an order requiring E Assignee of record E Audel Solis Plaintiff who has a right to attach order (name): to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt. 5. The person to be examined is a. E the judgment debtor. b. a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil Procedure section 491.110 or 708.120 is attached. 6. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination. 7. E This court is not the court in which the money judgment is entered or (attachment only) thecourt that issued the writ of attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is 8. E The judgment debtor has been examined within the past 120 days. An affidavit is attached. showing good cause foranother attached. examination l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: December 9, 2020 R / Armando S. Mendez (TYPE 0R PRINT NAME) (Continued on reverse)¢ (SIGNATfificukRANT) Pug. 1 or: FormAWPrMmmUse APPLICATION AND ORDER‘FoR-——/ Wa‘a'ém‘éifi'fifnfiw mom APPEARANCE AND EXAMINATION 55‘9""°'7°8“‘°Ili‘3‘2§u°hl%§:}23 (Attachment—Enforcement of Judgment) AT-1 38IEJ-1 25 Information for Judgment Creditor Regarding Service If you want to be able to ask the court to enforce the order on the judgment debtor or any third party, you must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered process sewer, or the person appointed in item 3 of the order at least 10 calendar days before the date of the hearing, and have a proof of service filed with the court. IMPORTANT NOTICES ABOUT THE ORDER APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT) NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding. APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT) (1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding. (2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this action claims that the person to be examined under this order has possession or control of property that is yours or owes you a debt. This property or debt is as follows (describe the property or debt): AUDEL SOLIS IS THE SPOUSE OF THE JUDGMENT DEBTOR AND HAS KNOWLEDGE OF THE WHEREABOUTS OF THE ASSETS AND OTHER NECESSARY INFORMATION REGARDING THE JUDGMENT DEBTOR TO AID IN THE ENFORCEMENT OF THIS JUDGMENT INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING REAL PROPERTY AT 7838 IRWIN COURT HILMAR CALIFORNIA, EARNINGS AND ASSETS FOR THE BUSINESS "TONY's ILLUSIONS" and SUCCESORS, WEST AMERICA BANK ACCOUNT, FARMERS MERCHANT BANK ACCOUNT, CASH ON HAND, ACCOUNTS RECEIVABLES, VEHICLES AND OTHER ASSETS OF DEBTOR If you claim that all or any portion of this property or debt is exempt from enforcement of the money judgment, you must fileyour exemption claim in writing with the court and have a copy personally served on the judgment creditor not later than three days before the date set for the examination. You must appear at the time and place set for the examination to establish your claim of exemption or your exemption may be waived. APPEARANCE OF A THIRD PERSON (ATTACHMENT) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding. APPEARANCE OF A CORPORATION, PARTNERSHIP, ASSOCIATION, TRUST, OR OTHER ORGANIZATION It is your duty to designate one or more of the following to appear and be examined: officers, directors, managing agents, or other persons who are familiar with your property and debts. Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk’s office for Request for Accommodation (form MC-410). (Civil Code, § 54.8.) AT-138’EJ-125IRW January 2°17] 1- APPLICATION AND ORDER FOR "92°” APPEARANCE AND EXAMINATION (Attachment—Enforcement of Judgment)