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HomeMy WebLinkAboutRecorded doc 2016-026 2016-026 �CUICo 2016-0097885 03/14/2016 11:39 AM Fee: $ 54.00 PLEASE COMPLETE THIS INFORMATION Page 1 of 14 RECORDING REQUESTED BY: Recorded in official Records CITY OF CATHEDRAL CITY County of Riverside Peter Aldana Assessor-County Clerk-Recorder AND WHEN RECORDED MAIL TO: 1E52 � + II Office of the City Clerk /'' City of Cathedral City 1 g7 R A Exam: 68-700 Avenida Lalo Guerrero ist Pag DA PCOR Misc Long RFD Pg Adtl Pg Cert C Cathedral City, California 92234 [Re:CATH.0056-40 Eckels] SIZE NCOR SMF NCHG T: **Exempt from Recording Fees Pursuant Space above this line for recorder's use only TT/ lJ to Government Code Section 27383 J� I Application for and Renewal of Judgment Title of Document TRA: DTT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) • • ORIGINAL REF:CATH.0056-40 EJ-190 ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,Wrens end State Bar number): After recording,return lo: Tuan-Anh Vu,Deputy City Attorney(86#285801) GREEN DE BORTNOWSKY,LLP 23801 Calabasas Road.Suite 1015 Calabasas.California 91302 • TEL NO.: (818)704-0195 FAX NO.(optlomI):(818)704-4729 E-MAIL ADDRESS WO* © ATTORNEY © JUDGMENT n ASSIGNEE FOR CREDITOR - OF RECORD SUPERIOR COURT CF CALIFORNIA,COUNTY OF RIVERSIDE STREET ADDRESS:3255 East Tahquitz Canyon Way MAILING ADDRESS:3255 East Tahquitz Canyon Way • CITY AND 21P coDE:Palm Springs,CA 92262 BRANCH NAME: Palm Springs Branch FOR RECORDERS USE ONLY PLAINTIFF: CITY OF CATHEDRAL CITY CASE NUMBER: DEFENDANT: JOHN L.ECKELS,et al. INC 063604 APPLICATION FOR AND RENEWAL OF JUDGMENT F Raj sEEyD © Judgment creditor SUPEPARII2Y3WITVE&FERNIA IV n Assignee of record applies for renewal of the judgment as follows: 0 312016 m 1. Applicant(name and address): O0 City of Cathedral City • /�' Perez'''. A� 68-700 Avenida Lab Guerrero 1� , Cathedral City,California 92234 c 2. Judgment debtor(name and last known address): 'EXEMPT PROM PILING FEES John L.Eckels John L.Eckels PURSUANT TO GOVT CODE 6103 Mary Kathryn Eckels Mary Kathryn Eckels P.O.Box 3302 504 E.Campbell St. Early.Texas 76801 Stamford,Texas 9553 3. Original judgment • a. Case number(specify): 089418 b. Entered on(date): 03/31/1997 c. Recorded: (1) Date: 05/30/1997 (2) County: Riverside (3) Instrument No.: 190208 4. © Judgment previously renewed(speclfy each case number and date): INC 063604;10/11/2006 5. p Renewal of money judgment a. Total judgment $12,687.25 b. Costs after judgment $0.00 c. Subtotal(add a and b) $12,687.25 d. Credits after judgment $0.00 e. Subtotal(subtract d from c) $12,687.25 f. Interest after judgment $11,772.49 g. Fee for filing renewal application $0.00 r h. Total renewed judgment(add e,f,and g) $24,459.74 i. n The amounts called for In items a—h are different for each debtor. These amounts are stated for each debtor on Attachment 5. Pape 1 of 2 Fam Approved for Optional Use APPLICATION FOR AND RENEWAL OF JUDGMENT Code of CND Procedure,5 983140 Judicial Council of Califomla EJ-190(Rev.July 1,20141 • SHORT TITLE: CASE NUMBER: CITY OF CATHEDRAL CITY v.JOHN L.ECKELS,et al. INC 063604 6. © Renewal of judgment for 17 possession. NA sale. a. n If judgment was not previously renewed,terms of judgment as entered: b. I© If judgment was previously renewed,terms of judgment as last renewed: See Exhibit A c. © Terms of judgment remaining unsatisfied: All terms remain unsatisfied,see Exhibit A I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: January 26,2016 Green de Bortnowsky,LLP Tuan-Anh Vu,Deputy City Attorney Tux. i NATU (TYPE OR PRINT NAME) (SIG OF DECLARANT) EJ-tgo(Rev.July+,20141 APPLICATION FOR AND RENEWAL OF JUDGMENT Page2of2 . , Exhibit A RENEWED JUDGMENT 10/11/2006 (BEHIND THIS PAGE) . fft\ OF IUINAL - EJ-190 ATTORNE;OR PARTY WITHOUT ATTORNEY(Mame antAtlmesq. TEL NO Recero:ng reaoes+ed by and mum le: (818) 704-0195. —William Medlen (SB#167736) GREEN, DE BORTNOWSKY & QUINTANILLA, LLP 23801 Calabasas Road, Suite 1015 Calabasas, California (91133j02 ® ATTORNEY ® CREDITOR ` ASSIRECORD IAMEOFCOURT: RIVERSIDE COUNTY, SUPERIOR stRSETAODRESS: 46-200 Oasis Street MAILING ADDRESS: � � CASE NUMBER:MC 0 b 3 6 Q d CITY 07 Y AND ZIP CODE: Indio, CA 92201 0 :10 BRANCH NAME' INDIO BRANCH PLAINTIFF: CITY OF CATHEDRAL CITY FOR coma MEOW' DEFENDANT: JOHN L. ECKELS, et al. rUI g tu% SUPERIOR C� [L OF A APPLICATION FOR AND RENEWAL OF JUDGMENT COW IN,' OD Judgment creditor Q i 1 20Q Q Assignee of record applies for renewal of the Judgment as follows; 1. Applicant(name and address): CITY OF CATHEDRAL CITY 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CALIFORNIA 92234 Exempt from Piling 2. Judgment debtor(name end last known address): Pees Pursuant to JOHN L. ECKELS Gov't Code 6103 MARY KATHRYN ECKELS P.O. BOX 3302 EARLY, TEXAS 76801 3. OrigInal judgment a. Case number(specify): 089418 b. Entered on(date): 3/31/97 c. Recorded: (1)Date: 5/30/97 (2)County: RIVERSIDE (3)Instrument No.:190208 4. f Judgment previously renewed(specify each case number and date): 5. (..,X, Renewal of money judgment a. Total judgment S 6,470.45 b. Costs after judgment S c. Subtotal(add a and 6) . S 6,470.45 d. Credits after judgment.. ... S e. Subtotal(subtract d from c) $ 6,470.45 f. Interest after judgment S 6,216.80 g. Fee for filing renewal application S h. Total renewed judgment(add e.f,and g) S 12,687.25 I. [] The amounts called for in items a-h are different for each debtor. These amounts are stated for each debtor on Attachment 5. Page i at 2 Fro COd of cae IIomi APPLICATION FOR AND RENEWAL OF JUDGMENT eddeaGvaAOeee+ae,5 603 140 E.1.100 Mew January 1.2002; SOJ„1-L ns C� us SHORT TITLE: CITY OF CATHED CITY V. JOHN L. ECKELS, .SE NUMBER et al. —O3-- 063604 6. ] Renewal of judgment for ©possession. • [X] sale. a. ® If judgment was not previously renewed,terms of judgment as entered: SEE EXHIBIT "A" ATTACHED. b. [Q ff judgment was previously renewed,terms of judgment as last renewed: c. ® Terms of judgment remaining unsatisfied: ALL TERNS REMAIN UNSATISFIED, SEE EXHIBIT "A" ATTACHED. J I declare under penally of perjury under the laws of the State of California that the foregoing is true and correct. Date: October 9, 2006 William P. Medlen fTYPE OR PRINT NANO (SIGNATURE OF DKIARANN EJAASOfRev.January I,20021 APPLICATION FOR AND RENEWAL OF JUDGMENT Page 2of2 • II Exhibit A - ... .....►.. vva • '; .• „ EATIFIED COPY” " Each document to grt...n this certificate • . ' • is attached iscertited to be a to ���k F I 1 E in• 1 I rye and earn t oopy e1 the original A. ,� • on roe and of record in my office. - i"Pt ::•ji��� . +Mc:PAL cJt;-1T � y 'Js� ; M �:,- � .:ate:ot cam:v nr i 2.. t: Z:2 ;„,<•ionar.r...... 1 ARTHUR A.siMS,CLERK ,, , M Superior/Municipal Courts 1:. . ' 4 , `a° R' MORRIS 51 t6 , Datod: cf jo.47 ( i Certification must be in red to be a Jt � � \ 7 j "CERTIFIED COPY" 8 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA ; IN AND FOR THE COUNTY OF RIVERSIDE 9 I. INDIO BRANCH 10 ' 11 CITY OF CATHEDRAL CITY,a California CASE NO 089418 _ Municipal Corporation, 1 12 I Plaintiff; NT IN FORECLOSURE; ORDER 13 OF SALE THEREON ' . 14 Vs- 15 f JOHN L.ECKELS;MARY KATHRYN ; ECKELS;and DOES 1 THROUGH 100, 16 1 inclusive, Dept: 2H 17 .Defendants. i 18.. I Assigned for all purposes to the Honorable I Judge Taylor 19 . 20 The above-entitled cause came on regularly for hearing on an affidavit in the above-entitled 21 Court. Robert IL Pittman appeared for Plaintiff CITY OF CATHEDRAL CITY. All other appearance: 22 are as noted in the record. 23 ; Defendants JOHN L.ECKELS.and MARY KATHRYN ECKELS(`DEFENDANTS')were. 24 ! pursuant to Code of Civil Procedure section 415.50,validly served by publication on December 23. 25 i 1996,December 30, 1996,January 6,1997 and January 13, 1997;proof of such publication service war. 26 j filed with this Court on February 13, 1997;and failed to appear and.answer the Plaintiff's Complaint in .27 I judicial foreclosure within the time allowed by law. On application of Plaintiff and of the allegation:: I • 28 DEP,JUDGMENT:ORDER THEREON Doconent Prepared on Recycled Paper el I • . . 1 i of Plaintiffs Complaint having been made to the satisfaction of this Court and after examination of Ms. 2 Karen L. Wilcox's Declaration, Pleiades Accounting Services Manager and Agent, under oath • 3 I respecting anypayments made to Plaintiff or to anyone for Plaintiffs use,on account of any demand 4 mentioned in the Complaint; j 5 1 IT IS HEREBY ORDERED,ADJUDGED AND DECREED THAT: I b 1. , Plaintiff CITY OF CATHEDRAL CITY 1 ("CIT'Y') is entitled to Entry of Default ! 7 Judgement on its Complaint against DEFENDANTS on the terms set forth in the following paragraphs: ! 8 2. The parcel of real property("PROPERTY")which is the subject matter of this Default j 9 Judgment is identified as Riverside County Assessor's Parcel Number 678251042 and is further and I 10 legally described as follows: ' 11 The real property is in the City of CATHEDRAL,County of Riverside,State of California, 1 • described as: 1 12 LOT 95I OF RANCHO RAMON TRACT#12 AS SHOWN BY MAP ON FILE IN BOOK 1 13 31,PAGES 20 AND 2I OF MAPS,RECORDS OF RIVERSIDE COUNTY: 14 3. The PROPERTY is located within the established geographical boundaries of CITY':: '. 15 Assessment District No. 85-1 ("DISTRICT"); said DISTRICT having been duly formed and extant I 16 pursuant to the Municipal Improvement Act of 1913, codified at Division I2 of the Streets anti ! 17 Highways Code of the State of California commencing with section 10000. 1 18 4, The CITY issued limited obligation improvement bonds upon the security of the special 19 assessments levied within the DISTRICT pursuant to the Improvement Bond Act of I915 codified at 20 Division 10 of the Streets and Highways Code of the State of California commencing with section 8500. , 21 5. The Special Assessments levied on the PROPERTY within the DISTRICT is delinquent F 22 t as follows:Tax Year: 1994/954356.66;all of which have not been paid and the CITY is entitled to:: . 23 judgment in judicial foreclostme and issuance of an order of sale pursuant to Streets'and Highways Code 24 ! section 8830 et seq. 1 1 25 6. With respect to the delinquent special assessments levied upon the subject PROPERTY ! 26 1 DEFENDANTS are jointly and/or severely indebted,to Plaintiff CITY in the following sums as of tho ! 27 j date of this default judgment with respect to the DISTRICT identified in Paragraph 3 above: 28 j //// f , •2 • 1 j 6(A). a. Principal in the amount of$356.00 2 b. Penalties in the amount of$35.67 3 c. Interest in the amount of$11235 4 d. Administrative Costs in the amount of$219.00;and 5 e. Actual costs of foreclosure and sale, • 6 all of which sums constitute a lien against said PROPERTY; • 7 6(D) a. Authorized attorney fees in the.amount of$3,987.00;and 8 b. Costs of Suit in the amount of$1,759.77, 9 ; all of which sums also constitute a lien against said PROPERTY; 10 6(C) The total amount due as of the date of this judgment,inclusive dell Principal,Penaltie:. • 11 Interest,Fees and Costs is$6,470.45;uncontroverted declaration under penalty of perjury by ICar._n L. : 12 Wilcox,Accounting Services Manager for and authorized Agent of CITY submitted and accepted r_. I3 this Court in support of this default judgment. 14 7. Additional installments of Special Assessments for subsequent tax years nisy becom. 15 or will become,delinquent if not paid on or before December 10,and April 10,for the respective la:: 16 years. A penalty of 10%of each principal installment attaches to each installment on its delinquent. • 17 date and a redemption penalty of 1.5% (also referred to as "Interest") of each principal in::tnitm(:s: • ' 18 attaches on the next succeeding July 1 and the first of each month thereafter. 19 At any time prior to sale of the PROPERTY pursuant to this Judgment,the subparagraphs or 1 20 ! Paragraph "6" of this Judgment may be amended, nunc protrrnc to add any or all of these amounts. 21 along:with accrued'attorneys' fees and costs upon submission by the.CITY of a declaration by it.; 22 Finance Director,or other designated public official,stating the delinquency dates, the amount of the I 23 1 delinquent special tax installments to be included in the subparagraphs of Paragraph 6,and the amount 24 of accrued penalties,removal fees and administrative costs. The Court shall award additional attorneys' 25 fees and costs upon a written declaration by the Finance Director,or other designated public official. ' 26 which additional fees and costs shall then also be included in the subparagraphs of Paragraph 6 in the 27. amended Judgment. 28 1 Said amendment shall be submitted as an ex parte matter and the entry of the amended Judgnent 3 . • 1 nunc pro tunc shall not invalidate an rior! t to this Jud P , Y P , eVY Phan gment provided that the amendment 2 is recorded prior to the publication of the Notice of Sale upon which sale actually occurs. Recordatio:: i 3 of the amendment after Notice of Sale has been published shall invalidate such notice and require th 4 publication of a new notice reflective of the amended Judgment. 5 8. The PROPERTY will be sold,at a minimum,for the amount adjudged to be due rigaini 6 it,which amount is identified in Paragraph 6(C)above,together with the costs of the foreclosure sal. ' 7 and daily post judgment interest, which the Sheriff is hereby authorized to include ("MINIMUM 8 PRICE"), in the manner prescribed by law, including but not limited to California Code of CiviE , 9 Procedure sections 680.010-724.260,and Streets and Highways Code sections 8832 et seq,. ' r . 10 9. From the proceeds of the sale of the PROPERTY, the Sheriff will pay to CITY, aftc• 11 deducting costs and expenses of that levy and sale,the sums adjudged due CITY in subparagraphs o: 12 Paragraph 6 hereof together with Post judgment interest at the maximum legal rate for post J ud men: 13 interest from the date of entry of this Default Judgment. 14 10. Said PROPERTY shall continue to be subject to the continuing lien of special 15 assessments in favor of CITY for the payment of all unpaid special assessments, including interest, 16 penalties,fees and other charges accruing and unpaid subsequent to entry of this default judgment. 17 11. The purchaser of the PROPERTY shall take said parcel subject to all future installments 18 of principal and interest on any special assessments levied on the PROPERTY within the DISTRICT 19 which are not included in this Default Judgment and all such installments which may become due or 20 delinquent subsequent to the date of this Default Judgment and the penalties thereon,and subject to ail 21 due,delinquent and unpaid general property taxes and tax liens both prejudgment and post judgment. 22 12. If any surplus remains after the payments specified in Paragraphs 9 are made,said surplus 23 will be deposited with this Court and thereafter paid to those persons or entities entitled to the surplus 24 or any portion thereof,in the manner prescribed by Code of Civil Procedure sections 701.820,701.830 25 and 727. 26 13. Defendants JOHN L.ECKELS and,MARY KATHRYN ECKELS are not persons or 27 entities against whom a deficiency may be ordered in this action and are therefore not personally liable 28 for payment of the sums secured by the special assessment lien set forth in the Complaint P sP P 4 . o '• 1 14. After the sale of the parcel of PROPERTY pursuant to this Default Judgment,such p•.:t •1 • 2 shall not be subject to post-Sale right of redemption. 3 } IS. On completion of the sale of the parcel of PROPERTY pursuant to this Judgment: ' 4 !! (a) the Sheriff of Riverside County will execute a Deed of Sale to the purchasers, who may 5 I then take possession of such parcel, if necessary with the assistance of the Sheriff of 6 I Riverside County;and 1 I 7 (b) Defendants JOHN L.ECKELS and MARY KATHRYN ECKELS,all persons claimin;, I I 8 from or under them,or any of them,all persons and their personal representatives Navin, I 9 ; liens subsequent and subordinate, inferior and/or junior to CITY's continuing:specia: I 10 assessment lien by judgment,decree, or otherwise on such parcel,all persons and their I i ' 1I heirs, or personal representatives having any lien or claim by or under such licr• ; 12 judgment or decree,all persons claiming under them,and all persons claiming to h:iv._ 13 acquired any estate or interest in the premises after the recording of Notice of Pendenc_. I 14 . of this action with the Riverside County Recorder,said recording having taken place o- 1 15 May 31, 1996 as Document No. 201165,are forever barred and foreclosed from an 16 equity of redemption in,and claim,right or interest to,such PROPERTY from and after 17 delivery of the Deed by the Sheriff. 18 Dated: 3 f X/ y 7 By: ----Aar 'v • 4.41.. J f .1 'ge .f .e uperior ourt, 19 //1 ;Co .ty of Riverside 1 20 1 21 • 22 • 23 24 ! i 25 •. 26 27 I 28 i I 5 - • • ale O r to E° 0 . g O• w 0 a ¢ a c u , . ! .t1 ci O f.s 0 `12. ° 4.."* .. n oo .1 v H U F • V E E4• d d 0 q, Q o .h 0 o a . l < 0 U i o r 0 Ai F" .' (0s 7i • g C Hs e a 69 Z � . jJ to 'hM ! . V4,41, 4D w ti� • 1c hi Illit 1/1 N $ Q z N 4tiNq lie ca • _ IIIII 141 • • This must be in red to be a CERTIFIED COPY Each document to which this certificate is attached cpURT of is certified to be a full,true and correct copy of the ,...••••••..• •• RYR�K,� •., Li,.) al on file and r�1 in my office. �Q rr` U LkJr . 4�Z Superior Court of California / �_�� � �o♦� t County of Riverside ; , !y; 8 ALL. /it _//�l/l/min \ C ,fa�t j �L n f \6 .,.w. 540/ Dated: —t(D �� • OFRIK Certification must be in red to be a CERTIFIED COPY