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CIV-130
ATTORNEY OR PARTY WITI.IOUT ATTORNEY ffvame, Slate Ear number, end address):
FOR COURTUSE ONLY
Robert N. Weaver (SBN 78528)
1388 Sutter Street, Suite 810
San Francisco, CA 94109
415/398-9800
/Nemo)'AX
TELEPHQNENDJ No. /Opli oner) I
E.MAE. AODRESS /Opironei)l RNWeader(moaCbell.net 5/14/2021
ATTORNEY FOR
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
sTREETADDREss.400 COUNTY CENTER
MAILING ADDRESS
c)TYANDz)PcoDE:REDWOOD CITY, CA 94063
BRANCH NAME:
PLAINTIFF/PETITIONER: Rahesh Kumar, Shobha Kumar
DEFENDANT/RESPONDENT: Baila Floors, a California corporation
NOTICE OF ENTRY OF JUDGMENT
~ OR ORDER CASE
NUMBER'1-C
IV-00485
(Check one): UNLIMITED CASE ~a LIMITED CASE
(Amount demanded (Amount demanded was
exceeded $ 25,000) $ 25,000 or less)
TO ALL PARTIES:
1. A judgment, decree, or order was entered in this action on (da/e): Mav 10, 2021
2. A copy of the judgment, decree, or order is attached to this notice.
Date: Mav 14, 2021
Robert N. Weaver
ITYPE OR PRINT NAME ~a ATTORNEY PARTY WITHOUT A1TORNEY) ISIGNATURE)
Page 1 of 2
Form Appro ed for Opgonaf Use
Jud cial Council of Calf lomia
NOTICE OF ENTRY OF JUDGMENT OR ORDER www.cou ls.ca.gov
CIV-130 )New Januaw I, 2010)
CIV-130
PLAINTIFF/PETITIONER: CASE NUMBER;
DEFENDANT/RESPONDENT:
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER
(NOTE( you cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served
ihe notice must complete this proof of service.)
1. Iam at least 18 years old and nota party to this action. am a resident of or employed in the county where the mailing took
I
place, and my residence or business address is (specify):
Law Office of Robert N. Weaver
1388 Sutter Street, Suite 810
San Francisco, CA 94109
I served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage
fully prepaid and (check one):
a.
b.
~
~x
deposited the sealed envelope with the United States Postal Service.
placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which am readily familiar. On the same day correspondence is placed for collection and mailing, it is
I
deposited in the ordinary course of business with the United States Postal Service.
3. The Notice of Entry of Judgment or Order was mailed:
a, on (date): Mav 14, 2021
b, from (city and state): San Francisco, CA
4. The envelope was addressed and mailed as follows:
a. Name of person served: c. Name of person served:
Michael Pinnock. on behalf of Baila Floors. a Calif, coro.
Street address: 1117 International Blvd. Suite A Street address:
City: Oakland City:
State and zip code: CA 94606 State and zip code:
b. Name of person served: d. Name of person served:
Street address: Street address:
City: City:
State and zip code: State and zip code:
Names and addresses of additional persons served are attached. (You may use form POS-030(P).)
5. Number of pages attached: 3
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: Mav 14, 2021
Robert N. Weaver
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
Page 2 af 2
CIV-130 (New Jaauau 1. 2010( NOTICE OF ENTRY OF JUDGMENT OR ORDER
For your protection and privacy, please press the Clear
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( [ ( ( [ ]
1
ROBERT N. WEAVER, BSQ. (SBN 78528)
2' Law OfIIce of Robert N. Weaver
Su'tter Plaza
1388 Sutter Street, Suite 810
San Francisco, CA 94109-5453
Phone: (415) 398-9800
5 Attorneys for Petitioners .
Rajesh Kumar and Shobha Kumar
6
IN THE SUPERIOR COURT FOR THE STA
1N AND FOR THE COUNTY OF SAN MATEO
10 RAJESH KUMAR, SHOBHA Case No, 21&IV-00485
Aittt. tseO
ll KUMAR, C::": tht
M JUDGMENT DECREEING
PROPERTY RELEASED PROM
12 'etitioners, MECHANIC'S LIEN
13
'ate: April 21, 2021
.14 BAILA FLOORS, a California Titue: 2:00 PM
Corporation Dept.: 2
15 Judge: Hon. Marie S. Weiner
16 Respondent
17
18 Iftvtpdf D.
JUDGMENT DECREEING PROPERTY RELEASED FORM MECHANIC'S LIEN
19 (Civil Code sections 3144-4154)
20
21 This proceeding came on regularly for hearing before this Court on April 21, 2021 at 2:00
PM in department 2 of the abov~tioned Court, the Honorable Marie S. Weiner, Judge of the
23 Superior Court presiding.
24
The Court issued its tentative ruling on April 20, 2021 and neither side appeared for
aqpunent or otherwise opposed the tentative ruHng. Consistent with the prccedutes of this Court
27 the tentative ruling became the Order of the Court and Petitioner was instructed to prepare the
28
-1-
Cottected Judgment on Petttion to Release Mechanic's Lieu
formal Order and also prepare this Judgment in accordance with the tentative ruling.
The Court entered Judgment'on the form prepared by counsel, but after receipt of the
entered Judgment, counsel noted that the order contained a clerical error which identifled the
recorded lien instrument number as "2008-003906" when in fact the claim of lien was actually
"2018-003906" as reflected on the certified copy of the claim of lien submitted with the Petition
and submitted in support of the April 214021 hearing.
The Court, having considered the'Petition, evidence Introduced in support of the Petition
and argument of counsel, finds as follows and issues this Corrected Judynent;
'
10 l. copy of the petition and notice setting the hearing on said petition were served
on Respondent in compliance with law;
12 On January 22, 201& a claim of lien was recorded in the offlce of the Recorder,
13
San Mateo County, as Instrument number 2018403906 of Official Records against the property
I
14
commonly known as 951 Broadway, Belmont, CA 94002, Assessor's Panel Number 045-249-
15
190 with the following legal description
16
17
LOT 21 AND THE. NORTHWESTERLY 10 FEET, FRONT AND REAR
MEASUREMENTS OF LOT 22 IN BLOCK 5 AS SHOWN ON THAT
18 CERTAIN MAP ~BD
"BAYVIEW HEIGHTS SAN MATEO COUNTY,
CALIF." FILED IN THB OFFICE OF THE COUNTY RECORDER OF SAN
19 MATEO COUNTY, STATE OF CALIFORNIA ON OCTOBER 18, 1926 IN
BOOK 14 OF MAPS AT PAGES 39 AND 40.
20
21 3. No action to foreclose, the lien has been filed and the time period during which the
action can be brought has expired
23 WHEREFORF IT IS ADJUDGED AND DECREED that on recordation of a ontifled
24
copy of this Judgment and Decree the abovedescribed property is released from the claim of lien
of tbe Respondent in this case.
26
IT IS FURTHER ADJUDGED AND DECREED, that Petitioner have and recover &om
27
28
-2-
Conected Judgment on Peniion to Release Mechanic's Lien
1
2 Respondent attorney's fees in the amount of $ 6300.00, and costs in the additional amount of
3 $ 766.75.
)inc d4
4 Petitioner shall file and serve formal Notice of Entry of/udgment. The Judgment entered
5 —
on April 30, 2021 is ordered —
superseded by the instant udgment.
6
7
8
Dated: Na /0' 2021
Marie S. Weiner, Judge of the Superior Court
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-3-
Corrected Jndynent on Petition to Release Mechanic's Lien
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CIV-130 ATTORNEY OR PARTY WITI.IOUT ATTORNEY ffvame, Slate Ear number, end address): FOR COURTUSE ONLY Robert N. Weaver (SBN 78528) 1388 Sutter Street, Suite 810 San Francisco, CA 94109 415/398-9800 /Nemo)'AX TELEPHQNENDJ No. /Opli oner) I E.MAE. AODRESS /Opironei)l RNWeader(moaCbell.net 5/14/2021 ATTORNEY FOR SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO sTREETADDREss.400 COUNTY CENTER MAILING ADDRESS c)TYANDz)PcoDE:REDWOOD CITY, CA 94063 BRANCH NAME: PLAINTIFF/PETITIONER: Rahesh Kumar, Shobha Kumar DEFENDANT/RESPONDENT: Baila Floors, a California corporation NOTICE OF ENTRY OF JUDGMENT ~ OR ORDER CASE NUMBER'1-C IV-00485 (Check one): UNLIMITED CASE ~a LIMITED CASE (Amount demanded (Amount demanded was exceeded $ 25,000) $ 25,000 or less) TO ALL PARTIES: 1. A judgment, decree, or order was entered in this action on (da/e): Mav 10, 2021 2. A copy of the judgment, decree, or order is attached to this notice. Date: Mav 14, 2021 Robert N. Weaver ITYPE OR PRINT NAME ~a ATTORNEY PARTY WITHOUT A1TORNEY) ISIGNATURE) Page 1 of 2 Form Appro ed for Opgonaf Use Jud cial Council of Calf lomia NOTICE OF ENTRY OF JUDGMENT OR ORDER www.cou ls.ca.gov CIV-130 )New Januaw I, 2010) CIV-130 PLAINTIFF/PETITIONER: CASE NUMBER; DEFENDANT/RESPONDENT: PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE( you cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served ihe notice must complete this proof of service.) 1. Iam at least 18 years old and nota party to this action. am a resident of or employed in the county where the mailing took I place, and my residence or business address is (specify): Law Office of Robert N. Weaver 1388 Sutter Street, Suite 810 San Francisco, CA 94109 I served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): a. b. ~ ~x deposited the sealed envelope with the United States Postal Service. placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which am readily familiar. On the same day correspondence is placed for collection and mailing, it is I deposited in the ordinary course of business with the United States Postal Service. 3. The Notice of Entry of Judgment or Order was mailed: a, on (date): Mav 14, 2021 b, from (city and state): San Francisco, CA 4. The envelope was addressed and mailed as follows: a. Name of person served: c. Name of person served: Michael Pinnock. on behalf of Baila Floors. a Calif, coro. Street address: 1117 International Blvd. Suite A Street address: City: Oakland City: State and zip code: CA 94606 State and zip code: b. Name of person served: d. Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: Names and addresses of additional persons served are attached. (You may use form POS-030(P).) 5. Number of pages attached: 3 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Mav 14, 2021 Robert N. Weaver (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) Page 2 af 2 CIV-130 (New Jaauau 1. 2010( NOTICE OF ENTRY OF JUDGMENT OR ORDER For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form ( [ ( ( [ ] 1 ROBERT N. WEAVER, BSQ. (SBN 78528) 2' Law OfIIce of Robert N. Weaver Su'tter Plaza 1388 Sutter Street, Suite 810 San Francisco, CA 94109-5453 Phone: (415) 398-9800 5 Attorneys for Petitioners . Rajesh Kumar and Shobha Kumar 6 IN THE SUPERIOR COURT FOR THE STA 1N AND FOR THE COUNTY OF SAN MATEO 10 RAJESH KUMAR, SHOBHA Case No, 21&IV-00485 Aittt. tseO ll KUMAR, C::": tht M JUDGMENT DECREEING PROPERTY RELEASED PROM 12 'etitioners, MECHANIC'S LIEN 13 'ate: April 21, 2021 .14 BAILA FLOORS, a California Titue: 2:00 PM Corporation Dept.: 2 15 Judge: Hon. Marie S. Weiner 16 Respondent 17 18 Iftvtpdf D. JUDGMENT DECREEING PROPERTY RELEASED FORM MECHANIC'S LIEN 19 (Civil Code sections 3144-4154) 20 21 This proceeding came on regularly for hearing before this Court on April 21, 2021 at 2:00 PM in department 2 of the abov~tioned Court, the Honorable Marie S. Weiner, Judge of the 23 Superior Court presiding. 24 The Court issued its tentative ruling on April 20, 2021 and neither side appeared for aqpunent or otherwise opposed the tentative ruHng. Consistent with the prccedutes of this Court 27 the tentative ruling became the Order of the Court and Petitioner was instructed to prepare the 28 -1- Cottected Judgment on Petttion to Release Mechanic's Lieu formal Order and also prepare this Judgment in accordance with the tentative ruling. The Court entered Judgment'on the form prepared by counsel, but after receipt of the entered Judgment, counsel noted that the order contained a clerical error which identifled the recorded lien instrument number as "2008-003906" when in fact the claim of lien was actually "2018-003906" as reflected on the certified copy of the claim of lien submitted with the Petition and submitted in support of the April 214021 hearing. The Court, having considered the'Petition, evidence Introduced in support of the Petition and argument of counsel, finds as follows and issues this Corrected Judynent; ' 10 l. copy of the petition and notice setting the hearing on said petition were served on Respondent in compliance with law; 12 On January 22, 201& a claim of lien was recorded in the offlce of the Recorder, 13 San Mateo County, as Instrument number 2018403906 of Official Records against the property I 14 commonly known as 951 Broadway, Belmont, CA 94002, Assessor's Panel Number 045-249- 15 190 with the following legal description 16 17 LOT 21 AND THE. NORTHWESTERLY 10 FEET, FRONT AND REAR MEASUREMENTS OF LOT 22 IN BLOCK 5 AS SHOWN ON THAT 18 CERTAIN MAP ~BD "BAYVIEW HEIGHTS SAN MATEO COUNTY, CALIF." FILED IN THB OFFICE OF THE COUNTY RECORDER OF SAN 19 MATEO COUNTY, STATE OF CALIFORNIA ON OCTOBER 18, 1926 IN BOOK 14 OF MAPS AT PAGES 39 AND 40. 20 21 3. No action to foreclose, the lien has been filed and the time period during which the action can be brought has expired 23 WHEREFORF IT IS ADJUDGED AND DECREED that on recordation of a ontifled 24 copy of this Judgment and Decree the abovedescribed property is released from the claim of lien of tbe Respondent in this case. 26 IT IS FURTHER ADJUDGED AND DECREED, that Petitioner have and recover &om 27 28 -2- Conected Judgment on Peniion to Release Mechanic's Lien 1 2 Respondent attorney's fees in the amount of $ 6300.00, and costs in the additional amount of 3 $ 766.75. )inc d4 4 Petitioner shall file and serve formal Notice of Entry of/udgment. The Judgment entered 5 — on April 30, 2021 is ordered — superseded by the instant udgment. 6 7 8 Dated: Na /0' 2021 Marie S. Weiner, Judge of the Superior Court 10 12 13 14 15 16 17 lg 19 20 21 23 24 25 26 -3- Corrected Jndynent on Petition to Release Mechanic's Lien