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HomeMy WebLinkAboutRecorded doc 2016-027 2016-027 • 2016-0097868 03/14/2016 11:37 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: 'III 5'15 5I1.I i i j :1 i II Office of the City Clerk ��// , City of Cathedral City 1 b1 R A Exam: 70 68-700 Avenida Lalo Guerrero ist Pag DA PCOR Misc Long RFD Pg Adtl Pg Cert cc Cathedral City, California 92234 ' �( [Re CATH.0056-75 Chudnovsky] SIZE NCOR SMF NCHG T: 3�r **Exempt from Recording Fees Pursuant Space above this line for recorder's use only to Government Code Section 27383 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.0056-75 EJ-190 ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,address and State Bar numbs): Atter recording.return to: Tuan-Anh Vu,Deputy City Attorney(SB#285801) GREEN'DE BORTNOWSKY.LLP 23801 Calabasas Road.Suite 1015 Calabasas.California 91302 TEL NO.: (818)704-0195 FAX NO.lopfona0:(818)704-4729 E-MAIL ADDRESS(Optona0: Ea ATTORNEY © JUDGMENT n ASSIGNEE • FOR CREDITOR OF RECORD SUPERIOR COURT OF CAUFORNIA,cOUNiy OP RIVERSIDE STREET ADDRESS:3255 Est Tahquitz Canyon Way MAILING ADDRESS:3255 East Tahquitz Canyon Way CITY AND ZIP CODE:Palm Springs,CA 92262 BRANCH NAME:Palm Springs Branch FOR RECORDER'S USE ONLY PLAINTIFF: CITY OF CATHEDRAL CITY CASE NUMBER: DEFENDANT: MIRIAM CHUDNOVSKY,et al. INC 062484 APPLICATION FOR AND RENEWAL OF JUDGMENT FOR COURT USE ONLY Judgment creditor FOILED f i Assignee of record �� R7 pp�u�p PP judgment SUP OUNTY UI RIVERSIDE RNIA �J 1 applies for renewal of the'ud ment as follows: 1. Applicant(name and address): V/n�q G�16 1 tidA City of Cathedral City 'd 68-700 Avenida Lai°Guerrero • Cathedral City,California 92234 e 2. Judgment debtor(name and last known address): Address o.1: EXEMPT FROM' NIG'FEES o Miriam Chudnovsky PURSUANT TO GOVT CODE 6103 as P.O.Box 11262 • w Marina Del Rey,CA 90292 F4Y� 3. Original'judgment • a. Case number(specify):'90714 b. Entered on(date): 08/15/1997 C. Recorded: (1) Date: 10/01/1997 (2) County: Riverside ' (3) Instrument No.: 356981 4. I x I Judgment previously renewed(specify each case number and date): INC 062484;09/01/2006 5. p Renewal of money judgment - a. Total judgment $18,293.66 b. Costs after judgment. $0.00 c. Subtotal(add a and b) $18,293.66 d. Credits after judgment $0.00 e. Subtotal(subtract d from c) 518,293.66 f. Interest after judgment $17,162.21 g. Fee for filing renewal application $0:00 h. Total renewed judgment(add e,f,and g) $ 35,455.87 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. Page 1 oft Form Approved for Optional Use APPLICATION FOR AND RENEWAL OF JUDGMENT Code of Civil Procedure,§693.140 Judidar Council of California EJ-190 IRev.July 1,20141 1 • SHORT TITLE: CASE NUMBER: CITY OF CATHEDRAL CITY v.MIRIAM CHUDNOVSKY,et al. INC 062484 • 6. DU Renewal of judgment for possession. p sale. a. I' I If judgment was not previously renewed,terms of judgment as entered: b. © If judgment was previously renewed,terms of judgment as last renewed: See Exhibit A c. p 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 -r - V vL (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) EJ•190[Rev.July 1,2014) APPLICATION FOR AND RENEWAL OF JUDGMENT Page 2of2 Exhibit A RENEWED JUDGMENT 09/01/2006 (BEHIND THIS PAGE) c , .1..N /v r _ EJ-190 ORIGINAL ATTORNEY OR PARTY WITHOUT ATTORNEY(Nara and Address): TEL.NO.: • r--1RemrrAngreoueRedby and reI.I0: (818) 704-0195 —William Medlen (SB#167736) GREEN, DE BORTNOWSKY & QUINTANILLA, 23801 Calabasas Road, Suite 1015 -° Calabasas, California 91302 ' V r ATTORNEY ® n A351 COD rTOR 1A I FOR "' NAME OF COURT: RIVERSIDE COUNTY SUPERIOR C '°`;' STREErAcDRESS: 46-200 Oasis Street FOR omeresuSeoMa_Y r MmIUN0 ADDRESS: � CASE NUS :;a CITY AND ZIP CODE _Indio, CA 92201 V /NO " 0 6 2 4 8 4 BRANCH NAME: INDIO BRANCH PLAINTIFF: CITY OF CATHEDRAL CITY , FOR COURT USE ONLY•DEFENDANT: MIRIAM CHUDNOVSKY, et al. • r+ ,WS • APPLICATION FOR AND RENEWAL OF JUDGMENT L` `� v. O suFERIOR COURT 0 noir,nrwinte-/1r J -® Judgment creditor • l% . n Assignee of record S N 0 12006 to- i -, applies for renewal of the Judgment as follows: lit -- 1. Applicant(name and address): alAitAA- / City of Cathedral City . 68-700 Avenida Lab Guerrero 1 Cathedral City, California 92234 .. EXEMPT FROM PILING 2. Judgment debtor(name and last known address): FEES PURSUANT TO Address No. 1: Address No. 2: GOVT CODE 6103 `' Miriam Chudnovsky Miriam Chudnovsky -`i• -• P.O. Box 11262 372 Verano Avenue Marina Del Rey, CA 90292 Cathedral City, CA 92262 3. Original judgment a. Case number(specify): 90714 '• b. Entered on(date): 8/15/97 - c. Recorded: (1)Date: 10/1/97 • (2)County: Riverside - • (3)Instrument No.:356981 4. 0 Judgment previously renewed(specify each case number and date): • • 5. ® Renewal of money judgment a. Total judgment $ 9,604.70 b. Costs after judgment $ 0.00 c. Subtotal(add a.and b) $ 9,604.70 d. Credits after judgment - $ 0.00 _. e. Subtotal(subtract d from c) $ 9.604.70 r f. Interest after judgment $ 8,688.96 • g. Fee for filing renewal application $ 0.00 h. Total renewed judgment(add e,t,and g) $ 18,293.66 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. Pape1 w2 F°"nAp ov °Plipnal APPLICATION FOR AND RENEWAL OF JUDGMENT Si01 (pgpOrpvtlprocedura.g683.140 ... Ad-mist(Rev.Jo of California 11 wq- EJ•150[Rev.January 1.20021 Cat 1.1]g • vI • r SHORT TITLE:CITY OF CATHEDRAL, CITY V; ` CASE NUS MIRIAM CHUDNOVSKY, et al. C, u 6 2 4 b 4 6.® Renewal of judgment for r---1 possession. ®sale. a. ® If judgment was not previously renewed,terms of judgment as entered: See Exhibit "A" attached. • b. if Judgment was previously renewed,terms of judgment as last renewed: • • , • c: ® Terms of judgment remaining unsatisfied:Al). - terms retrain unsatisfied, see Exhibit "A" attached. • I declare under penalty of perjury under the laws of the State of•Caffomla that the foregoing is true and correct. Date: September 1, 2006 •William P. Medlen (SIGNATURE OF DECLARANT) • (TYPE OR PRINT NAME) Fr•TpotRev•January 1.2002i APPLICATION FOR AND RENEWAL OF JUDGMENT • Papo2of2 L I EXHIBIT A j r 1 , 1 4,:� n y t t ry 1 • 2 • C >uy -, E. D R;vgw : ; ;391, F,. 3 • dltlf 4 X15.1997 1 • 5 I J. SARDONE. • 7 ThIAGZ 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 • IN AND FOR THE COUNTY OF RIVERSIDE 10 INDIO BRANCH 11 12 CITY OF CATHEDRAL CITY,a.California CASE NO: 90714 Municipal Corporation, 13 (Proposed) Plaintiff; JUDGMENT IN FORECLOSURE; 14 ORDER OF SALE 15 vs. • • 16 MIRIAM CHUDNOVSKY,et al., 17 Defendants. Dept:. 2H 18- Assigned for all purposes to the Honorable 19 'Judge Taylor 20 21 The above-entitled cause came on regularly for hearing on an affidavit in the above-entitled 22 Court Robert H.Pittman appeared for Plaintiff City of Cathedral City. All other appearances are as 23 noted in the record. • -) 24 Defendant.MIRIAM CHUDNOVSKY ("DEFENDANT") was, pursuant to Code of Civil 25 Procedure section 415.50,validly served by publication on March 4, 1997,March 11, 1997,March 18, 26 1997 and March 25,1997(hereinafter,"DEFENDANT");and failed to appear and answer the Plaintiffs 27 Complaint in judicial foreclosure within the time allowed by law. On application of Plaintiff and of the • • 28 Judgment in Foreclosure;Order of Sale . .Prepared on Recycled Paper• • • • 1 allegations of Plaintiffs Complaint having been made to the satisfaction of this Court and alter 2 examination of Ms.Adele Mosher'i Declaration,Plaintiffs Accounting Services Manager and Agent, 3 under oath respecting any payments made to Plaintiff or to anyone for Plaintiffs use,on account.of any 4 demand mentioned in the Complaint; 5' ' IT IS.HEREBY ORDERED,ADJUDGED AND DECREED THAT: 6 1. Plaintiff City of Cathedral City ("CITY")is entitled to Entry of Default Judgement on 7 its Complaint against DEFENDANT 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 9 Judgment is identified as Riverside County Assessor's Parcel Number 678042001.and is further and .10 legally described as follows: 11 The real property is in the City of Cathedral City,County of Riverside,State of California, described as: 12 LOT 372 OF PALM SPRINGS HIGHLANDS NO.2,AS SHOWN BY MAP ON FILE IN 13 BOOK 36, PAGES 98 AND 99 OF MAPS, RECORDS OF.RIVERSIDE COUNTY, CALIFORNIA.. .14 15 3. The PROPERTY is located within the established geographical boundaries of CITY's 16 Assessment District No. 88-2 ("DISTRICT'); said DISTRICT having been duly formed and extant 17 pursuant to the Municipal Improvement Act of 1913, codified at Division 12 of the Streets and 18 Highways Code of the State of California commencing with section 10000: 19 4. The CITY issued limited obligation improvement bonds upon the security of the special 20 assessments Ievied within the DISTRICT pursuant to the Improvement Bond Act of 1915 codified at 21 Division 10 of the Streets and Highways Code of the State of California commencing with section 8500. • 22 5. The Special'Assessments levied on the PROPERTY within the DISTRICT is delinquent 23 as follows: Tax Year(s) 1994/954669.92; 1995/96-$688.50;all of which have not been paid and the 24 CITY is entitled to a judgment in judicial foreclosure and issuance of an order of sale pursuant to Streets 25 and Highways Code sections 8830,et seq. . 26 6. With respect to the deli quent special assessments Ievied upon the subject PROPERTY, 27 DEFENDANT is jointly and/or severely indebted to Plaintiff CITY in the following sums as of the date 28. of this default judgment with respect to the DISTRICT identified in paragraph 3 above: Judgment in Foreclosure;Order of Sale 2 Prepared on Recycled Paper 0. • • • 1 6(A) a. Principal in the amount of$1,358.42 2 b. Penalties in the amount of$135.84 • 3 c. _Interest in the amount of$365.10 4 d. Administrative Costs in the.amount of$286.00;and 5 e. Actual costs of foreclosure and sale, 6 all of which sums constitute a lien against said PROPERTY; . 7 6(B) a. Authorized Attorney and Paralegal Fees in the amount of$5,415.50 8 b. Costs of Suit in the amount of$2,043.84 9 all of which sums also constitute a lien against said PROPERTY; 10 6(C) The total amount due.asof the date of this judgment,inclusive of all Principal,Penalties, 11 Interest, Fees and Costs is$9,604.70; uncontroverted declaration under penalty of perjury by Adele . t 12 Mosher,Accounting Services Manager for and authorized'Agent of CITY submitted and accepted by I • 13 'this Court in support of this default judgment. r 14 7. Additional installments of Special Assessments for subsequent tax years may become, 15 or will become, delinquent if not paid on or before December 10, and April 10,for the respective tax 16 years. A penalty of 10%of each principal installment attaches to each installment on its delinquency 17 date and a redemption penalty of 1.5% (also referred to as "Interest") of each principal installment 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 of 20 Paragraph "6" of this Judgment may be amended,nunc pro tunc 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 its 22 Finance Director, or other designated public official,stating the delinquency dates,the amount of the 23 ' 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 sub ,, paragraphs of Paragraph 6 in the • 27 + amended Judgment. ' ` .ti. 28 II Said amendment shall be submitted as an exparte matter and the ey of the amended Judgment Judgment in Foreclosure;Order of Sale 3 • Prepared 0 n Recycled Paper I 1 nunc pro tuns shall not invalidate any prior levy pursuant to this Judgment provided that the amendment 2 is recorded prior to the publication of the Notice of Sale upon which sale actually occurs. Recordation 3 of the amendment after Notice of.Sale has been published shall invalidate such notice and require the • 4 publication of a new notice reflective of the amended Judgment. ._ • S 8., The PROPERTY will be sold,at a minimum,for the,amount adjudged to be due against 6 it, which amount is identified in Paragraph 6(C)above,together with the costs of the foreclosure sale 7 and daily post-judgment interest, which the Sheriff is hereby authorized to include MINIMUM S PRICE"), in the manner prescribed by law, including but not limited to California Code of Civil • 9 Procedure sections 680.010-724.260 and Streets and Highways Code sections 8832,et seq.. 10 ' 9. From the proceeds of the sale of the PROPERTY, the Sheriff will pay to CITY, after 11. deducting costs and expenses of that levy and sale,the sums adjudged due CITY in subparagraphs of 12 Paragraph 6 hereof together with post judgment interest at the-maximum legal rate for post judgment 13 interest from the date of entry of this Default Judgment. i 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 all I 1 21 due,delinquent and unpaid general ro P P3'taxes and tax liens both prejudgment and post judgment. 22 12. _If any surplus remains.after the a i 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 I 24 or any portion thereof;in the manner prescribed by Code of Civil Procedure sections 701.820,701.830 25 and 727. • 26 I 13. Defendant MIRIAM CHUDNOVSKY is not person or entity ty agamst whom a deficiency 27.1 may be ordered in this action and are therefore not personally liable for payment of the sums secured 28 ; by the special assessment lien set forth in the Complaint.. Judgment in Foreclosure;Order of Sale 4 • Prepared on Recycled Paper • • I 14. After the sale of the parcelof PROPERTY.pursuant to this Default Judgment,such parcel 2 I shall not be subject to post-sale right of redemption. 3. 15. 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 then take possession of such parcel, if necessary with the assistance of the Sheriff of 6 . Riverside County;and 7 (b) . Defendant MIRIAM CHUDNOVSKY,and all persons claiming from or under them, or 8 any of.them,all persons and their personal representatives having liens subsequent and 9 subordinate, inferior and/or junior to CITY's continuing special assessment lien by 10 judgment, decree, or otherwise on such parcel,all persons and their heirs, or personal 11 representatives having any lien or claim by or under such lien,judgment or decree, all 12 persons claiming under them, and all persons claiming to have acquired any estate or 13 interest iii the premises after the recording of Notice of Pendency of this action with the 14 Riverside County Recorder, said recording having taken place on August 6, 1996 as 15 Document No.295600,are forever barred and foreclosed from all equity of,redemption 16 in,and claim,right or interest to,such PROPERTY from and,atter delivery of the Deed 17 by the Sheriff. 18 Dated: 7 B : ,' ' I,2744-0-Ci 19 • Jud of the Superior Court, • •unty of Riverside 20 _ 21 . 22 23 24 ' 25 • .26 ' • - 1. 27 I 28 1 • • Order of Sale 5 Prepared on Reiycled Paper O. • , • . , . . • • •• • ' ATTACHMENT "A" - City of Cathedral City v.Chudnovsky APN: 67804200I • - .- .Principal Principal Tax Total Total Interest Total City Admin. Total Due City Tax Year V Year 1995!96 Penalties Fees 1994/95 $669.92 $688.50 $135.84 $365.10 $286.00 . $2,145.36 Copy Cert. Notary- Attorney Service of Other Litigation Title Attorney SUBTOTAL Expense Mail Fees Service Process I (Mileage) Guarantee I Search Fees I LEGAL ' • Flings/ Publication Update to Paralegal FEES a Recordings LG ' fees COSTS J $100.00 $5.04 $10.00 $506.30 $740.00 $87.50 , $495.00 $100.00 $5,415.50 $7,459.34 a. Total Principal: $1,358.42 • Total Penalties: $135.84 Total Interest: '$365.10 . City Admin Fees: $286.fi0 Total Due City: $2.145.$6 ' Costs of Litigation: $2,043.84 - Attorney/Paralegal Fees: $5.415.50 0 Total Due Law Firm. $7 459.34 • Total Due: '.: . .- $9,604.70= j - - 1 • • - • 7, ., i - ToTai.1Vinumum BID$9,604.70 .ti .., . I.-■41::7)n .:;:tt:,lr, • 1C:Z.;.i'a . r,.. • i • • . • ( • •ATTACHMENT"A" . . • This must be in red to be a CERTIFIED COPY Each document to which this certificate is attached OoURT OF is certified to be a full,true and correct copy of the oa ......... original on file and of record in my office. Q .....atlR�K� Superior Court of California ti--- County of Riverside - 4cyllys ay By IL DE t o . oG4 g`a, Dated: 01-1/1 ,[. ()FRO' Certification must be in red to be a CERTIFIED COPY