Clerk Rejection LetterCal. Super. - 6th Dist.March 22, 2021SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE - CIVIL DIVISION 191 North First Street San José, California 95 l l3 (408) 882’2100 o Public Case lnfonnatlon Website: https:llcmportal.scscourt.orqlPortall Providing access to local cases through online search & retrieval. o Main Website: www.scscourt.org Providing access to rules, self help information. forms, fees. locations & phone numbers. Civil Filing Rejection Letter [ ] Case Number: 21 CV380937 E 1 Case Title: SWIFT Financial V Pereira Investment Dear Sir/Madam: The Document is being returned for the following reason(s): 1. D The Civil Case Cover Sheet adopted by Rule 3.220 is missing. Please submit the cover sheet within 10 days ofthis Notice or you may be subject to sanctions under California Rules of Court, Rule 2.30. D The case number is D missing, D incorrect, 0r D incomplete. D The documents MUST be on adopted Judicial Council forms. D Forms are obsolete. D The document Is incomplete. Please complete information where “Red" check marks are placed. D The document is missing an original signature. L D The document requires a $ Filing Fee or Waiver of Fees granted by this Court. 74.05.019.03.” D The document is not in compliance with Rule 2100-2119 as follows: a. D Caption page required c. D State Bar Number required b. D Two-hole punch and stapled d. D Telephone number 8. D Requestfor Dismissalisincomplete. Please providetheinformationrequested. Complete: a. D item 1a. I] item 1b. b. D item 2‘ need consentof D Cross-Complaint D Intervener D Complaint 9. D An Order of Court is required prior to filing this document. 10. D The case was dismissed on: 1‘1. D The document is filed in the incorrect Court. mu E Other: WRIT has incorrect Accrued interest amt. based on the Memo of cost submitted. Notes for Future Reference: 15. D To expedite your requests for Writs or Abstracts, please submit an endorsed filed copy of yourjudgment. 16. D Please enclose a self-addressed stamped envelope for the return of your copies. 17. D Please make checks payable to: Clerk Superior Court Date: 09’27/2021 Clerk 0f the Court Clerk, by , Deputy 77:9 Court srafl‘is no: aul/mrfzed :0 give you legal advice 0r instrzm you on which legalforms :0 use. a5 this consu‘mm an unaurlzofimdpraclice ofiaw. The Court recommends that you seek appropfiate legal assislance. CV-5020 REV 12103/1 5 EJ-1 30 ATrORNEY 0R PARTY wrrHOUT ATrORNEY: STATE BAR N0: 332939 FOR COURT USE ONLY NAME Anders L. Bostrom ‘ FIRM NAMEWeintraub Tobin Chediak Coleman Grodin Law Corporation STREErADDRESS:4OO Capitol Mallg crrv: Sacramento STATE: CA ZIP CODE: 95814E TELEPHONE N0; 91 65586000 FAX N0.: 91 64461 611 Q5 EMAILADDRESS:abostrom@weintraub.comE mommy Fon(name).-Swift Financial, LLC, as Servicing Agent for WebBank© E ATTORNEY FOR D 0R|G1NAL JUDGMENT CREDITOR D ASSIGNEE OF RECORD SUPERIOR COURT 0F CALIFORle COUNTY OF SANTA CLARA STREETADDRESS:191 N. First StreetQ MAILING ADDREss:191 N. First Street crrY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: Swift Financial, LLC, Servicing Agent for WebBank CASECTIJMBER: DEFENDANT/RESPONDENT: Pereira Investment Corporation, et al. 21 38093? E EXECUTION (Money Judgment) D [-(EggltjddinCi‘ngfiéelaims) WRIT 0F D POSSESSION 0F D Personal Property E Unlimiteg Civil Case D SALE D Real Property (including Family and Probate) ‘I. To the Sheriff or Marshal of the County of: SANTA CLARA I You are directed to enforce the judgment described below with daily interest and your costs as provided by law. 2. To any registered process server: You are authorized‘to serve this writ only in accordance with CCP 699.080 or CCP 715.040. 3. (Name): Swift Financial, LLC, flk/a Swift Financial Corporation, as the Servicing Agent for WebBank is the VA original judgment creditor D assignee of record whose address is shown on this form above the court's name. 4. Judgment debtor (name, type oflega/ entityif not 9. D Writ of Possession! writ of Sale information on next page. a naturalperson’ and laSt known address)" 10. D This Writ is issued on a sister-state judgment. For items 11-17, see form MC-012 and form MC-01 3-INFO. Pereira Investment Corporation, dlb/a Isabella's Restaurant and fldlbla/ Kathryn Louise Hair Sann 11. Total judgment (as entered or renewed) $ 136,71 4.23 700 S. Winchester Blvd. 12. Costs afterjudgment (COP 685.090) $ 40.00 San Jose, CA 95128 13. Subtota1 (add 11 and 12) $ 136,754.23 14. Credits to principal (afler credit to interest) $ 0.00 D Additional judgment debtors on next page 15. Principal remaining due (subtract 14 from 13) $1 36,754.23 16. Accrued interest remaining due per 5. Judgment entered on (date): 08/26/2021 COP 685.050(b) (not on GC 6103.5 fees) $ 973.86 (See type ofjudgment In Item 22-) 17. Fee for issuance of wn’t (per Go 70626(a)(1)) $ 6. D Judgment renewed on (dates): 18. Total amount due (add 15, 16, and 17) $137,728.09 19. Levying officer: a. Add daily interestfrom date of writ (at 7. Notice of sale under this writ: me legal rate on 15) (not on 3- E has r101 been requeSted' GC 6103.5 fees) ............................... $ 37.46 b. D has been requested (see next page). b. Pay directly to court costs included in . . . 11 and 17 (GC 6103.5, 68637; 8' D Jo'm debt” '"fo'mat'o" 0" ”e“ ”399' COP 699.5200» ............................... $ [SEAL] 20. D The amounts called for in items 11-19 are different for each debtor. These amounts are stated for each debtor on Attachment 20. Clerk, Date: by , Deputy NOTICE T0 PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION. I I . Page1 of 3 Eggndglpggfiegl foofrgaputgoorrII-lailaUse WRIT OF EXECUTION Code of Civul Procedure. §§ 699.520. 712‘010. 715.010 EJ-130 [Rev. September 1. 2020] Govern ment Code. § 6103.5 wmv. couns.ca.gov EJ-1 30 PIaintIff/Petitioner: Swift Financial LLC, as Serving Agent for WebBank CASE NUMBER: DefendantJRespondent: Pereira Investment Corporation, et a1. 21CV380937 21. D Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address): F -I T L | L 22. The judgment is for (check one): LJ \ a. D wages owed. b. child support or spousal support. c. E other. 23. D Notice of sale has been requested by (name and address): [- j r \_ J L 24. D Joint debtor was declared bound by the judgment (CCP 989-994) LJ a. on (date): a. on (date): b. name. type of legal entity if not a natural person, and b. name, type of legal entity if not a natural person, and last known address 0f joint debton last known address of joint debtor. r 7 T j L J L A c. D Additional costs againstcenain jointdebtors areitemized: D below D on Attachment24c. 25. D (Wn‘t of Possession orWn't of Sale) Judgment was entered for the foltowing: a. D Possession of real property: The complaint was filed on (date): (Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.) The Prejudgment Ciaim of Right to Possession was served in compliance with CCP 415.46. The judgment includes all tenants, subtenants, named claimants, and other occupants 0f the premises. (1) D (2) D The Prejudgment Cfaim of Right to Possession was NOT served in compliance with CCP 415.46. (3) D The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in the judgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returns to effect eviction, regardIess of whether a Prejudgmenr Claim of Right to Possession was served.) (See CCP 415.46 and 1174.3(a)(2).) (4) If the unlawful detainer resulted from a foreclosure (item 25a(3)), or 'rf the Prejudgment Claim of Right to Possession was not served in compliance with CCP 415.46 (item 253(2)), answer the following: (a) The daily rental value on the date the complaint was filed was $ (b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify): Item 25 continued on next page H.130 [Rem September 1. 2020] WRIT 0F EXECUTION Page 2 ot 3 Amerimn ugalNeL Inc. \n v F0 V rk w CO EJ-130 PIainflfflPetitioner: Swift Financial LLC, as Servicing Agent forWebBank CASéwMBER 7 Defendant/Respondent: Pereira Investment Corporation, et al. 21 38093 25. b. D Possession of personal property. D If delivery cannot be had, then for the value (itemize in 259) specified in the judgment or supplemental order. c. D Sale of personal property. d. D Sale of real property. e. The property is described D below D on Afiachment25e. NOTICE T0 PERSON SERVED WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy (form EJ-150). WRIT OF POSSESSION OF PERSONAL PROPERTY. Ifthe levying officer is not able to take custody oftfie property, the levying officerwill demand that you tum over the property. If custody is not obtained following demand, the judgment may be enforced as a moneyjudgment for the value of the property specified in the judgment or in a supplemental order. WRIT OF POSSESSION OF REAL PROPERTY. If the premises are not vacated within five days after the date of service on the occupant or, if service is by posting. within five days after service on you. the levying officer will remove the occupants from the real properiy and place the judgment creditor in possession of the property. Except for a mobile home, personal property remaining on the premises will be sold or otherwise disposed of in accordance with CCP 1174 unless you orthe owner of the property pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time the judgment creditortakes possession of the premises. EXCEPTION IF RENTAL HOUSING UNIT WAS FORECLOSED. Ifthe residential property that you are renting was sold in a foreclosure. you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year. you may remain in the property until the term is up. If you have a periodic lease or tenancy. such as from month-to-month, you may remain in the properly for 90 days after receiving a notice to quit. A blank form Claim of Right to Possession and Notice ofHearing (form CP10) accompanies this writ. You may claim your n‘ght to remain on the property by filling it out and giving it to the sheriff or levying officer. EXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. If you were not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case was filed. you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and Notice of Hearing (form CP10) and give it to the sheriff or levying officer. A blank form accompanies this writ. You have this n'ght whether or not the property you are renting was sold in a foreclosure. EJ-130 [Rev‘ September 1,2020] WRIT OF EXECUTION Page a of :s American chalNet. Inc. wmv Egmgwgrkfigy 59m
