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Home My WebLink AboutMINUTES - 01172006 - HA.1 ScaIliling W'01-kSlleet — CC1. l.lerk Vf l lle - oaru n_ rr�� rcattet number Bax number Date processed Number of maps Large Format Non-scan able Prepped by T._ 1 T r i' _ ._ Indexing hilornia ion F orrn i ype �01 Date (YYYY-MA1f DD) 0 H-1 Agenda ltem N, 1 Subject 1I1�11 Department S Description Indexed by Scanning Information Scanfied by Page count Flatbed scanner Yes / No Number of Flatbed Scans: Folder Damage Item Name Description Auditing Information Audit performed by COB Scannine Worksheet Rev Z HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 4A . 1 TO: BOARD OF COMMISSIONERS FROM: Rudy Tamayo, Acting Executive Director DATE: January 17, 2006 SUBJECT: APPROVE THE ASSIGNMENT OF JUDGEMENT, SUPERIOR COURT CASE NUMBER PS-04-0776, HOUSING AUTHORITY VS. KAY WADE, TO THE COUNTY OFFICE OF REVENUE AND COLLECTIONS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE the Assignment of Judgment in the civil case of Housing Authority versus Kay Wade from the Housing Authority to the County Office of Revenue Collections; and, AUTHORIZE the Acting Executive Director to execute all documents pertaining to this Assignment of Judgment. II. FINANCIAL IMPACT: Approval of the recommended action will not result in any cost to the Housing Authority. III. REASONS FOR RECOMMENDATION/BACKGROUND The Housing Authority is requesting approval of this Assignment of Judgment to the County Office of Revenue Collections in order to begin collection of the judgment from the defendant, Ms. Kay Wade. (Court document attached) The Housing Authority does not have the expertise or staff to collect on court judgments. Through an executed agreement, the County Office of Revenue Collections pursues court awarded judgments and other debts owed the Housing Authority from its program participants. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to approve this Assignment of Judgment to the County Office of Revenue and Collections the Housing Authority would not be able to pursue collection on this judgment. CONTINUED ON ATTACHMENT: YES SIGNATU Rud Tam o Activ irector RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARDO f �r APPROVED AS RECOMMENDED V OVER VOTE OF COMMISSIO RS I HEREBY CERTIFY THAT THIS IS A \,/UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON;TyHE DATE SHOWN. ATTESTED / JOHN S6,ETE14,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY uL.� , DEPUTY H:UudyHayes\MSOFFICE\WINWORD\BOARD\BO-Assignment of Judgement.doc r. 1 UD-110 ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,state bar number,and address): FOR COURT USE ONLY Silvano B. Marchesi, SB #42965 County Counsel T�iornas L. Geiger, Deputy Coun+.yr Cvounse�.l, _S13 # 1 OvCv17�9 651 Pine St., 9th Floor Martinez, CA 94553 TELEPHONE NO.: (925) 335-1813 FAX No.(Optionaq: (925) 646-1078 E-MAIL ADDRESS(Optional): - tl ATTORNEY FOR Name: Housing Authority of Contra Costa Count SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA NOV 4 4104 `-' STREET ADDRESS: 45 Civic Ave. MAILING ADDRESS: 45 Civic Ave. i:'IC)I!!cii.-'L•!);;Ok TYrt�'tiui;T CITY AND ZIP CODE: Pittsburg, CA 94565 U110l T•iF r.� -U�_�_ ,)IJNIA FJ ti7't (!t ({l.ii :Ct?dr:na Ifl'!'T U_i iD BRANCH NAME: Pittsburg _ etpolEiEtk PLAINTIFF: HOUSING AUTHORITY OF THE COUNTY OF �o-Ga CONTRA COSTA, a public body, corporate and politic DEFENDANT: KAY WADE, DOES 1-3 JUDGMENT—UNLAWFUL DETAINER CASE NUMBER: 0 By Clerk 0 By Default 0 After Court Trial 0 By Court Possession Only Defendant Did Not PS 04-0776 Appear at Trial JUDGMENT 1. 0 BY DEFAULT a. Defendant was properly served with a copy of the summons and complaint. b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law. c. Defendant's default was entered by the clerk upon plaintiffs application. d. = Clerk's Judgment(Code Civ. Proc.,§ 1169).For possession only of the premises described on page 2 (item 4). e. X[�1 Court Judgment(Code Civ. Proc.,§585(b)). The court considered (1) plaintiffs testimony and other evidence. (2) plaintiffs or others'written declaration and evidence(Code Civ. Proc., § 585(d)). 2. AFTER COURT TRIAL. The jury was waived. The court considered the evidence. a. The case was tried on(date and time): before (name of judicial officer): b. Appearances by: [� Plaintiff(name each): 0 Plaintiffs attorney(name each): (1) (2) Continued on Attachment 2b(form MC-025). 0 Defendant(name each): 0 Defendant's attorney(name each): (2) [� Continued on Attachment 2b(form MC-025). c. Defendant did not appear at trial. Defendant was properly served with notice of trial. d. A statement of decision (Code Civ. Proc.,§632) 0 was not = was requested. Page 1 of 2 Form Approv@d for Optional Use JUDGMENT—UNLAWFUL DETAINER Legal Code of Civil Procedure,§§41546, Judicial Council of California p 1 5B5(d),664.6,1169 UD-110[New January 1,2003) SO l ltaons- lk Plus PLAINTIFF: HOUSING AUTHORf: . OF THF COUNTY OF CONTRA ASENUIMBER: COSTA, a public body, corporate and politic DEFENDANT: Kay Wade PS O4-0776 JUDGMENT IS ENTERED AS FOLLOWS BY: XD THE COURT [] THE CLERK 3. Parties. Judgment is a. =—I for plaintiff, (name each): Housing Authority of the Count y of Contra Costa and against defendant(name each): Kay Wade Continued on Attachment 3a (form MC-025). b. 0 for defendant(name each): 4. x0 Plaintiff = Defendant is entitled to possession of the premises located at(street address, apartment,city, and county): 824 Del Tren Ave., No. 290 Pittsburg, Contra Costa County, CA 94565 5. Judgment applies to all occupants of the premises including tenants,subtenants if any,and named claimants if any(Code Civ. Proc., §§715.010, 1169,and 1174.3). 6. Amount and terms of judgment a. F—E Defendant named in item 3a above must pay plaintiff on the b. Plaintiff is to receive nothing from defendant complaint: named in item 3b. (1) X� Past-due rent $ 292.00 Defendant named in item 3b is to recover costs: $ (2) 0 Holdover damages $ 1,066.36 =and attorney fees: $ (3) 0 Attorney fees $ (4) Costs $ (5) 0 Other(specify): $ (6) TOTALJUDGMENT $ 1,358.36 c. 0 The rental agreement is canceled. FTI The lease is forfeited. 7. 0 Conditional judgment. Plaintiff has breached the agreement to provide habitable premises to defendant as stated in Judgment—Unlawful Detainer Attachment(form UD-110S),which is attached. 8. 0 Other(specify): 0 Continued on Attachment 8(form MC-025). L®WALL RICHAR®S Date: O O A L 004 JUDICIAL OFFICER Date: NOV!tl YY `� Clerk,by �• Gatto Deputy (SEAL) CLERK'S CERTIFICATE (Optional) I certify that this is a true copy of the original judgment on file in the court. Date: Clerk, by Deputy UD-1 10[New January 1,2003] JUDGMENT—UNLAWFUL DETAINER Page 2of2