HomeMy WebLinkAboutMINUTES - 06242003 - C.90 TO: BOARD OF SUPERVISORS .,:�• �;- � .
Contra
FROM: Warren E. Rupf, Sheriff Costa
DATE: May 27, 2003 s Cgunty
SUBJECT: Request for Relief of Cash Shortage
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDATION:
AUTHORIZE relief of cash shortage in Sheriffs escrow trust fund 8308 in the amount of
$2,971.50 as recommended by the Auditor-Controller.
11. FINANCIAL IMPACT:
Cash shortage in the amount of$2,971.50.
Ill. BACKGROUND:
In accordance with the provisions of Administrative Bulletin 207.6, the Office of the Sheriff-
Coroner requested relief of a cash shortage in Sheriffs escrow trust fund in the amount of
$2,971.50. It has been determined that the shortage was not due to negligence on the part of the
department. The Auditor-Controller recommends, and the County Administrator's Office concurs,
that the Board of Supervisors grant relief of shortage to the Office of the Sheriff-Coroner for these
funds.
CONTINUED ON ATTACHMENT: ❑ No SIGNATURE: .
DAECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
D-'A`PPROVE ❑ OTHER
SIGNATURE($)--- ° c
ACTION OF I O DON JUNE 241 21703
APPROVED AS RECOMMENDED `X❑ OTHER ❑
UTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS CORRECT COPY OF AN ACTION TAKEN AND
ABSENT v __) ENTERED ON THE MINUTES OF THE BOARD OF
/YES: NOES: SUPERVISORS ON THE DATE SHOWN.
MSENT: ABSTAIN: __
DISTRICT III SEAT VACANT
ATTESTED
JTZ?. 2003
Contact: Wanda Quaver 335-1526 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Office of the Sheriff-Fiscal Office r`
Auditor-Controller _. DMM
TEM 0' NM
Office of
COUNTY AUDITOR-CONTROLLER
Contra Costa County
Martinez, California
June 5, 2003
TO: John Sweeten, County Administrator
FROM: Stephen Ybarra,Assistant Auditor-Controller
SUBJECT: Relief of Shortage at the Office of the Sheriff--Civil Unit
We have reviewed the attached request for relief of shortage in the amount of$2,971.50 which
occurred on November 15, 2002, in the Sheriff Escrow Fund 830800.
In accordance with the provisions of Administrative Bulletin 207.6, since the amount of loss exceeds
$250 the matter should be presented to the Board of Supervisors for action. We recommend that the
Board of Supervisors grant relief of the$2,971.50 shortage
The Sheriff Coroner should continue efforts to recover the overpayment from Ms Carr-Hill. Any
moneys recovered should be deposited as an abatement to sub-object.2491 Cash Shortage
Reimbursement expenditure.
SY/TVH MTMA COSTA COUM
0037SherilfCivilreliefofNovembershortage RECEIVED
Attachment
CC: Wanda Quever, Sheriff's Fiscal Officer
OF
c.vMSOOh++.F+'i.-bpWv. .... ,:.rMVNlA9o!...•. .. ..
OFFICE OF THE SHERIFF
Contra Costa County Warren E. Rupf
Personnel& Finance Division Sheriff
RsaaU So me@ Unit
651 Fine S&W,, 7*For Ronald D. Jaff ell
Mtftm,Catfr mis 943 Undersherff
(r4 M-1s26
LATE: May 30, 2003
TO: Kenneth J. Corcoran, Auditor-Controller
Attn. Terry Vanden Heuvel, Internal Audit
FROM. Wanda L. Quever, Sheriff's Fiscal Officer
SUBJECT: Relief of Shortage - Civil
The SherifFs Office is requesting a relief of shortage in the Sherr'—Civil Unit, in the amount of
$2,971.50.
The shortage occurred on November 15, 2002. At that time, clerical staff misread the levy file number
and deposited the funds to the incorrect account. The levy file number was handwritten, and easily
misread, however, clerical staff should have verified the account information prior to depositing the
monies. The civil computer system has a"lookup"function which enables staff to verify account
information. Corrective action has been taken in the form of documentation and training.
Neither this error, nor any delay in its discovery was caused by fraud or grass negligence.
I verify,under penalty of perjury, that the attached information is true and correct.
Z_
Stacey Sutter,^efofManagement Services Date
If you have any questions regarding this request; please feel free to contact me at 5-1526.
Thank you,
e of the Sheriff '* Wanvu L Rupr
► SHERIFF
t.0 fa'daa County Ronald Cr.Jarrell
Sum-t Services Bureau �� RonaldUndersD.J
Chit Unit ,
ff
920 Mellua street
Martinez,Ca. 94553 dA
(925)84 _1755
07
To: Paul Clancy, Commander
Support Services Bureau
via Chain of Command
FROM: Mark Weikel, Sergeant
Civil Unit Supervisor
DATE: April 8, 2003
sUBJ: Bequest of Belief of Shortages in Accounts (Per Administrative Bulletin 207.6)
Per Administrative Bulletin 207.6, the following is a request for relief of shortage in the
Civil Unit's account (See Attachment-13 for a copy of the Bulletin).
Shortage Amount
The amount of the shortage is $2,971.50.
Gate Shortage O-gcurred.
The date the shortage occurred was November 15 2002.
Investigation of Account how
On 2-5-4 1 spoke with Clerical Supervisor Neva Bennett in private. Bennett informed
me that she discovered a significant error in the distribution of monies under execution, She
advised me that a cashier's check for $2,971.50 received by our office pursuant to a bank levy
was deposited by clerical staff into the incorrect levy file. This incorrect deposit put the
receiving account into an "Overpaid" status and two refund checks were issued to the debtor
in error (See Attachment-1 for a copy of an account activity report on Sheriff`s levy file 02-
4850). The two checks totaling $2,785.18 were subsequently deposited and cashed. The
remaining $185.32 of the incorrect $2,971.50 deposit was credited towards the debtor's
judgment and must also be recovered. true to the incorrect deposit, the entire $2,971.50 must
now be recovered to reconcile Sheriff's accounts.
Clerical Supervisor Neva Bennett informed me that the check incorrectly deposited was
Bank of America cashier's check number 993 0241268 for$2,971.50, Our civil computer
Laftotmad Form R 1193 SBH AN EQUAL OPPORTUNITY EMPLOYER Page 1 of 7
system indicated that this check was deposited into Sheriffs levy file number 02-4850 on
I 1-15,tO2 at 4816 hours by clerical staff(See Attachment-1 for account information on levy
file rwmber 02-4850). 1 obtained the letter from Bank of America which was attached to the
cashier's check to be deposited (See Attachment-2). The letter bears a handwritten levy file
number in the upper right hand corner which could be read as 02-4854 or 02-4856 as well as
other combinations. The letter lists the Plaintiff as Universal Metro INC. and the Debtor as
Bellflower Medical Center. The correct levy file for deposit on this check was 02-4856 (See
Attachment-3).
I reviewed the civil computer system activity reports for 11-15-02. Of the cashiering
transactions made on 11-15-02, one was the incorrect deposit of Bank of America cashier's
check number 443 0241268 for $2,471.54 into account number'02-4850 (See Attachment-4--
lower right hand corner--for a copy of the cashier's check bearing the incorrect hand written
levy file number 02-4854 written by civil clerical staff in the center of the check).
I reviewed Sheriffs Office levy file number 02-4856, which is the account into which the
Bank of America cashier's check for $2,471.50 should have been deposited. It is a bank levy
pursuant to a Writ of Execution Money Judgement issued out of Los Cerritos Superior Court
by Universal Metro INC. against Bellflower Medical Center (See Attachment-5 for a copy of
the money judgment). The bank levy was against the Bank of America account of Bellflower
Medical Center. Bank of America filed a response to the bank levy with our office stating that
$2,971.50 was levied upon (See Attachment-6 for a copy of the memorandum of Garnishee
from Bank of America regarding levy file 02-4856 against the account of Bellflower Medical
Center). No monies were deposited into the levy file of debtor Bellflower Medical Center as a
result of the Bank Levy against their Bank of America account (See or Attachment-3 for a
copy of the account activity report for Sheriffs levy file 024856).
1 then reviewed Sheriff's Office levy file number 02-4854, which is the account into
which the $2,971.50 was erroneously deposited. It is a bank levy and earnings withholding
order pursuant to a Writ of Execution Money Judgement issued out of Stanislaus Superior
Court by Partner's in Care INC. against Latrishia Carr-Hilt (See Attachment-7 for a copy of
the money judgment). The bank levy was against Bank of America account number
0224417158 held by Latrishia Carr-Hill (See Attachment-8 for a copy of the Notice of Levy to
Bank of America for any and all accounts, to include account#0224417158, of Latrishia Carr-
Hill). Bank of America filed a response to the bank levy with our office stating there were no
funds available (See Attachment-9 a copy of the memorandum of Garnishee from Bark of
America regarding levy file 02-4850 against the account of Latrishia Carr-Hill). The Earnings
Withholding Order was against the employer of Latrishia Carr-Hill, Kaiser Permanente (See
Attachment-10 for a copy of the Earnings Withholding Order). Kaiser Permanente filed a
response to the EWO by confirming Carr-Hill's employment and earnings (See
Attachment-1'I for a copy of the Employer's Return). Due to the erroneous deposit into
Latrishia Carr-H'ill's levy file by our office, Carr-Hill's levy file was placed into an "Overpaid"
status which caused our office to terminate the EWO due to overpayment (See
Attachment-12 for a copy of the Notice of Termination or Modification of Earnings
Withholding Order generated by our office). Subsequent to the erroneous deposit, additional
monies were collected and credited to Latrishia Carr-Hill's account pursuant to the Earnings
Withholding Order. The $2,971.50 erroneously deposited into her account not only caused
her to receive two refund checks totaling $2,785.18 in error but also caused $186.32 to be
Latta toad Fort R 1193 SSS AN EQUAL OPPORTUNITY EMPLOYER Page 2 of 7
credited toward her judgment which had now been satisfied and the writ of execution returned
Yto the court in error. Therefore, the entire amount of$2,971.50 erroneously deposited into
Latrishia Carr-Hill's levy file#02-4850 must now be recovered to reconcile Sheriffs accounts.
On 2-6-03 at 0850 hours, 1 spoke with Jack Cooper with the Auditor's Office Internal
Audit Division. Pursuant to Administrative Bulletin 207.6 (See Attachment-13), I verbally
informed Cooper of the shortage in Sheriffs accounts and notified him that steps were being
taken to recover the loss and document the incident.
On 2-26-03 at 1011 hours, I spoke with Nancy Tourigny with the Auditor's Office.
Tourigny verified that both refund checks issued to Latrishia Carr-Hill had cleared. The
Sheriff's Escrow checks were as follows: Sheriff's Escrow Fund check number 110508 issued
to Latrishia Carr Hill CIO Sank of America account number 0224417158 for$2,164.53, dated
12-10-02, cleared 2-16-03 and Sheriffs Escrow Fund check number 111938 issued to
Latrishia Carr-Hill C/O Kaiser Permanente for$620.65, dated 01-14-03, cleared 02-03-03
(See Attachment-14 for copies of the above Sheriffs Escrow Check refunds and
Attachment-1 a copy of the account activity report for Sheriff's levy file 02-4850).
Effor fs to Recover Loss:
On 2-27-03, 1 ordered copies of both Sheriffs Escrow Fund refund checks from Jenny
Wong with the Auditor's Office. I received copies of both checks on 3-3-03. Copies of the
cleared refund checks are attached. See Attachment-14 for copies of the Sheriffs Escrow
Fund refund checks issued to Latrishia Carr-Hill.
On 2-27-03, 1 ordered a copy of Latrishia Carr-Hill's DMV photograph with thumb print
and signature. See Attachment-17 for a copy of Garr-Hill's DMV photograph.
Can 1-7-03, a demand letter was sent to Latrishia Garr-Hill by Supervising Clerk Neva
Bennett explaining the erroneous deposit of monies and demanding repayment. See
Attachment-18 for a copy of the demand letter. The letter was returned stamped
undeliverable.
After receiving no response from Carr-Hill, on 2-27-021 drove to her current listed
address of 119 Napa Court in Bay Point in order to contact her personally (See
Attachment-17 for a copy of Carr-Hill's DMV photo). At 0929 hours, I spoke with Carr-Hill at
her,address. Carr-Hill identified herself as follows:
Carr-Hill, Latrishia Navonne BFA: 4-4-68 CDL,#04519927 SS#546-77-0317
Add r: 119 Napa Ct. Bay Point, CA 94565
Home Phone: 925.709.0334 Cellular: 510.205.2926.
1 personally served Carr-Hill a copy of the demand letter (See Attachment-16) and explained
to her the deposit error into her levy file and the subsequent erroneous refund checks issued
to her on 12-10-02 for$2,164.53 and on 1-15-03 for$620,65. Carr-Hill advised me that she
recalled receiving a check for $620.65 from her employer Kaiser Permanents but denied ever
receiving any ether checks or money. Carr-Hill agreed to make payments to repay the
$620.65 erroneously refunded to her.
Lettarbe d form R 1193 SSM AN EQUAL OPPORTUNITY EMPLOYER Paige 3 of 7
On 2-28-02, 1 received a letter signed by Latrishia Carr-Hill admitting that she received
,a che6k from our office for$620.65 and agreeing to remit these monies back to our Office
within 90 days. Carr-Hill denied ever receiving the $2,164.53 and stated that she did not feel
she was responsible for the repayment of this amount (See Attachment-19 for a copy of Carr-
Hill's letter).
On 3-11-03, 1 faxed a request to Bank of America levy department personnel to verify
that a deposit of$2,164.53 was made into Bank of America account number 0224417158 of
Latrishia Garr-Hill pursuant to County of Contra Costa Escrow Fund check number 110508
(See Attachment-20). On 3-12-03 at 1030 hours, Annette with Sank of America levy
department verbally advised me that, per her supervisor, she was unable to verify the deposit
due to account confidentiality. Though it is difficult to read, it appears that the back of the
cleared Sheriff's Escrow Check number 110508 bears the account number of 0224417158
belonging to Latrishia Carr-Hill as the deposit account for the check. In addition, the cleared
Sheriff's Escrow Check number 110508 was sent to the Bank of America branch located at
1330}y Main Street in Walnut Creek and was issued to "Latrishia Carr-Hill C/O Bank of America
f#0 24417158."
Can 2-29-03 and - 6-03, 1 spoke with Latrishia Carr-Hill via her cellular phone
regarding the status of her making payments on the $620.65 as she agreed in her letter.
Each time she advised me that she was sending a payment on the upcoming Friday. As of
this date, no payments have been received from Latrishia Carr-Hill on the $2,071.50 to be
returned to Sheriffs accounts. It does not appear that Carr-Hill will make voluntary payments
on any portion of the monies owed the Sheriff. It appears that collection of the monies owed
the Sheriff will have to be via civil action.
Cause of Account Shortage:
The account shortage was caused when clerical staff misread a levy file number
handwritten on a document accompanying a cashier's check for$2,971.50 received by our
office pursuant to a bank levy. The clerk subsequently deposited the $2,971.50 into the
incorrect levy file on 11-15-02. This incorrect deposit put the receiving.levy file account into
an "Overpaid"status and two refund checks were issued to the debtor in error. The two
checks totaling $2,785.18 were subsequently cashed by the debtor or deposited into her
account. The remaining $186.32 of the incorrect $2,971.50 deposit was credited towards the
debtor's judgment and must also be recovered. Due to the incorrect deposit, the entire
$2,971.50 must now be recovered to reconcile Sheriffs accounts.
When preparing to enter the cashier's check from Bank of America into a levy file, Civil
Unit clerical staff understandably misread the hand written levy file number on the letter from
Bank of America as 02-4850 instead of 02-4856 (See Attachment-2). Though misreading the
hand written levy file number was understandable, Civil Unit clerical staff should nevertheless
have verified the Plaintiff and Debtor account information prior to depositing the monies. Had
this been done, clerical staff would have realized the levy file number hand written on the
check had been misread, a further inquiry would have been conducted, the correct levy file
located and the cashier's check would have thereby been deposited into the correct account.
A contributing factor to Civil Unit clerical staffs error may have been the volume of deposits
on 11-15-02. The responsible clerical staff member processed 124 cashiering transactions
Lettefted Pam R 1193 8814 AN EQUAL OPPORTUNITY EMPLOYER Page 4 of 7
that day totaling $49,259.15 and was also responsible for receiving civil process at the front
,recep�on counter and answering telephones.
The process of depositing monies under execution in the civil computer system
requires the operator to access the "Executions" screen (See Attachment-15). There is an
automatic "Lookup"function as part of the process. The operator only has to type the levy file
number in the field and then click on it to obtain mount information on the file. Had this
function been utilized or the Query function below, clerical staff would have seen under levy
file #02-4850 that the Plaintiff was listed as Partners in Care INC. instead of Universal Metro
INC. and the Debtor was listed as Latrishia Carr-Hill and not Bellflower Medical Center (See
Attachment-16 for a copy of the Execution screen after a query was made on the levy file).
The query could then have easily been compared to the letter from Bank of America (See
Attachment-2) and the discrepancies noted.
Despite the explainable nature of the clerical error, a computer system deposit process
was in place to prevent such errors and was not fully utilized by clerical staff.
There appeared to be no fraud or gross negligence involved in either the creation of
the shortage or the delay in its discovery. However, the shortage was caused by clerical
error. Corrective action has been taken in the form of documentation and training.
Rggommendatlun.
I recommend that a copy of this document be sent to director Johnny Jefferson with the
Office of Revenue and Collection so that civil action can be taken to attempt recovery of the
monies from Latrishia Carr-Hill.
Requmt.for Relief from Shodacge.
I request relief from account shortage in the amount of 2 971.50, Relief for the
$2,971.50 must be expedited due to the fact that the Plaintiff in levy file#02-4955 has not
received timely payment of funds pursuant to the bank levy filed with our office. Failure to
make payment within 30 days has placed our office in violation of CCP r3 701.820 and
possibly Government Code § 28580. Government Code § 28880 and § 25885 impose
sanctions upon responsible parties for nonpayment upon demand (See Attachment-21).
Elad at on;
I declare under penalty of perjury that the forgoing information is true and correct to
best of my knowledge and belief.
Signature: Date:_ ` '-
Sgt. Mark Weikel #4093
Of
Approved By: Bate:-'` d
Departr4nt Head
LaUth"d Form R 1193 88H AN EQUAL OPPORTUNITY EMPLOYER Page 5 of 7
Y T
r
Attachments:
Attachment-1: Account activity report for Latrishia Carr-Hill. Levy file#02-4850.
Attachment-2: Payment letter from Bank of America for$2,979.50 pursuant to a bank
levy on levy file#02-4856.
Attachment-3: Account activity report for Bellflower Medical Center. Levy file#02-4856.
Attachment--4: Bank of America cashier's check number 9930241288 for$2,979.50
pursuant to a bank levy on levy file#02-4856.
Attachment-5: Writ of Execution Money Judgment for Universal Metro INC. against
Bellflower Medical Center. Levy file#02-4858.
Attachment--8: Memorandum of Garnishee from Bank of America documenting the levy of
$2,979.50 from Bellflower Medical Center's account. Levy file#02-4856.
Attachment-7: Writ of Execution Money Judgment for Partners in Care INC. against
Latrishia Carr-Hill. Levy file#02-48501.
Attachment--8: Notice of Levy to Bank of Americas on the account of Latrishia Carr-Mill,
#0224497958. Levy file#02-4850.
Attachment 9: Memorandum of Garnishee from Bank of America documenting "No
Funds Available" from Latrishia Carr-Hill's. Levy file#032-4850.
Attachment-1 0: Earnings Withholding {order against Kaiser Permanente, the employer of
Latrishia Carr-Hill. levy file#02-4850.
Attachment)1: Employer's Return from Kaiser Permanente documenting that Latrishia
Carr-Hill was currently employed, her salary and pay periods. Levy file
#02-48503.
Attachment-1 2: Notice of Termination or Modification of Earnings Withholding Order sent
by our Office. Levy file #02-4850.
Attachment-13: Administrative Bulletin 207.6: Relief of Shortages in Accounts
Leftib"d Form R'1196 68H AN EQUAL OPPORTUNITY EMPLOYER Page 6 of 7
'Attachment-14: Copies of Sheriffs Escrow Fund check#110508 issued to Latrishia Carr-
Hill CIC► Bank.of America account#0224417158 for$2,164.53 and check
. #111938 issued to Latrishia Carr-Hill C/O Kaiser Perm. For $620.65.
Attachment•-15: Screen print of civil computer system Execution screen.
Attachment-18: Screen print of civil computer system Execution screen after query on levy
file#02-4850 was made.
Attachment 17: DMV photograph of Latrishia Carr-Hill.
Attachment-18: Demand letter to Latrishia Carr-Hill notifying her of two erroneous refund
checks sent to her and a demand for the return of funds.
Attachment--19: Letter sent to Sgt. Mark Weikel by Latrishia Carr-Hill.
Attachment-20: Letter sent to Bank of America requesting verification of the deposit of
Sheriff's Sheriff's Escrow Fund check#110508 issued to Latrishia Carr-
Hill C/O Bank of America account#0224417158 for$2,164.53 into Bank
of America account#0224417158.
Attach,ment 21: Copy of Government Code § 26680 and § 26685. Copy of Code of Civil
Procedure §701.820.
cc: Sheriff levy files 02-4850 & 02-4856
Lettefieed F*n R 1193 96N AN 6QUAL OPPORTUNITY EMPLOYER Page 7 of 7
Query Resutts-,4W2 n esu:>Ir M a=W=LX11POMUM rage i 01,Z
PARTNERS IN CARE INC.,ODA
CENTRAL VALLEY COLLECTIONS
vs
2002004850 LATRISHIA CARR-HILL
Martinez 312088
Case EnWred: 10/14/2002 10:57.05 AM STANISLAUS COUNTY SUPERIOR
Query as of: 2/6/2003 8:48.01 AM COURT-
�i Ceilnnlealels
Parties -commm�tls Writ ccounthm
Instz�c s so Pending A
Dalemtatat7nebw
Tape Tntn Chick Funds Funds Dant Funds 3adtlment Cost
Det+t �e Nbr Comment Aenoant Tnm AvaBable ATARable Manes, Wance
1.0/2/212 3udgment $7254 $725.00
30/2/2002 Pre Writ $3.61 $725.00
Ne For
10/2/2002 Issuance of $7.00 $725.00 $7.01
Writ
Sheriff Cost for Service
10/16/2W2 Recovery On SANK OF $30.00 $725.00$37.01
AMERICA
Sheriff Coat For Service
11/13/2002 Recovery On KAISER $25.00 $725.00$62.01
PERMANENT'E
Proceeds
11/15/2002 Salosm 993024126 SAW AMERICA ($1,971.80) $2,971.50$2,971.5011/30/200 ($2,172.53)
of Assets
Trfr to PARTNERS
12/2/2002 Creditor 0110199 IN CARE INC. $806.97 ($806.97)$2,164.53
Account DBA
Debtor PARTNERS
12/2/2002 Assessment 0110139 IN CARE INC. $8.0 ($2,164.53)
Pae DBA
12/10/200 01105108 Rehmd LATRISHIA,
ILL $2,164,53 ($2,164.53) $.00
Paid by:
12/18/2002 Execution 9933358 KAISER ($396.39 $396.39 $395.39 1/4/2003 ($396.39)
PERMANENTE
Paid flys
12/26/2110 Execution 99335M i4AISER ($224.26} $224.26 $620. 1/12/2009 ($6:10.65)
PERMANENTS
1/15/2tH13 � 0111938 LATRISHIA $620.65 ($620.65) $.00
Bohm CARR-HILL .
3udgment Casts Intcrect Total Est Pay C)'f Addltlolaal
!Date costs
Original/Accrued $725.00 $70.00 $11.57 9006.97 . . i
Attachment-1
Paid ($725.011) ($70.00) ($11.97)
Pay Off Requested By:
Balance $.00 $.00 $.00 $.00 C Plaintiff C Debtor f' B nployer � Unknow
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***SP3CiAL NOTICE***
r. Levies & Attacnmen..s Dept. #20476 �
P .C . Box 54660 /MC: CA9-7D5-05-07
LCs Angeles, CA 90OB4--066D
(8D0) 263-4262
November _4, 2002
Contra Costa County Sheriff
920 Mellus Street
Martinez, ,CA 94553-1745
Re: Reference #:2195-230CT02
Bank'�of America received a Notice .of Levy on October 23, 2002 in the
amount of $2, 971.50 for:,
Debtors) : BELLFLOWM MEDICAL CMCER
Case #: 02000056
Plaintiff (s) : UNIVERSAL METRO INC
Payment of $2, 971.50' is enclosed.
.. d6alare under .penalty 'of perjury under the laws bf 'the State..of
Calif carnia -that the foregoing is true and correct.
David Rojas ; '
Assistant VIce President
fi •
• 4:
Attachment-2
LEVYCOR:2 S
05-17-140 7-2000
yummy yrs-.cuuluu4va bicron.Not ire corporation Pagel aft
T 1
" a
r;
UNIVERSAL METRO,INC.A
CALIF.CORP.
E
BELLFLOWER MEDICAL
2002004856 CENTER
Martinez 02C00056
Case Enteral: 10/15/200210:39:54 AM LOS ANGELES MUNICIPAL
Query as of: 2/26/2003 9:54:08 AM COURT-LOS CERRITOS
Mislrelianeous Parties comments tifrlt pending Services Creditor Debtor
Instructions Accounting Accounting
CNd'en��nit/ r
Tran Tram Check Core�rraeaxt 14anount � �urads Funds 3udgment Cent I� pymt
Data Code Hbr Tram Available Avallable Balance Balance Balance Total
816/2002 Judgment $2,934.50 $2,934.50
Fee For
/6/2002 Issuance $7.00 $2,934.50 $7.00
Of Writ
Sheriff For Service:
10/22/2002 Cost On BANK $30.00
$2,934.50$37.00
Recovery OF
AMERICA
2/4/2003 Re urn $.00 1$2,934.501$37.00$146.32 $,
3udgnent Cosmo interest Total Est Pay Off Additional
Date costs
tlriginal/Accrued$2,934.50$37.1#0$146.32$3,117.82
Additional Additional Est. Pay
Interesst Cost
Paid $.00 $.00 $.00 $.011
Pay Cuff Requested By:
Ballance $2,934.50 $37.00$146.32$3,117.821 Plaintiff � Debtor � Employer � Unknown
Debtor Transaction Analysis
Transscdfon Total Tarn
Cote count
3udgimmt $2,934.50 1
Fee For I uance of Writ $7.O0 1
here Cost Revery $30.00 1. Attachment-3
Wilt ReWM $0.00 K
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.p� c r^� { N, y(� K t Y i� 'W� � •syM.-. yK
in - ru
It
■.• �,•.Y .„+� $ r ;v Sig
bre ��� y
L
171 't�rsr`
it ♦ i r .yy• �� �w v
' {,ri �'. � : F _•g. W bra'”" .it".t '
{ tt 'ry y1+4
ru $ ;
t i +>a''+' 'S•'t � mow. �t
w ,a tool
E v
ru
Attachment--
ry
dYt!fi+ Mr tJ, t-• a�Y a��" +r rywy.' , ? tk k
fi«•' `sTt.��,# '�::• irT"�Sg+'Pi{n •: :k Y. ed�, ._ i7L1
AT#pRNcY aR€*A#tTY 4YrrHO ATrORNEY(Name.),Nddmsi). --� TELEPHONE ray.. !. FOR rrEcnRneRs USE ONLY
Reowditio ratiusatad by rid rahnto. (310) 312-9587
VO ALD B. DEVIRIAN
DONALD B. DEVIRIAN [Bar No. 493773
Devirian & Shinmoto Prof. Corp.
11400 West Olympic Boulevard
'Los .Angeles, California 90064
ATTORNEY FOR ERI JUDGMENT CREDITOR = ASSiCNEE OF:RECORD
,NAME OF COURT: Los Cerritos Superior. Court
MEE,-ADDREss: 1.0025 East Flower Street
MA um;AnDREss: Same
crryANDzipcoDE: Bellflower, California 90706
eRANcHNAME: Los Cerritos Judicial. District
PLAINTIFF: UNIVERSAL METRO, INC. , a Cali forn.ia
corporation,
DEFENDANT: BELLFLOWER MEDICAL CENTER, et al. ,
WRIT EXECUTION (Money Judgment) CASE NUMBER:
OF = POSSESSION OF =Personal property 02000056
SALE Real Property FOR COURT USEQNGY
1, To the Sheriff or any Marshal or Constable of the County of:
CENTRA COSTA
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
accord with CCP 699,484 or CCP 715.444.
3. (Name): UNIVERSAL METRO, INC., a California corporation
is the Judgment creator = assignee of record
whose address is shown on this form above the court's name.
4. Judgment debtor(name and last known address):
ELLFLOWE_R MEDICAL CENTER
9542 E. Artesia Blvd. 9. [ See reverse fbr information on .real or personal property to be
delivered under a writ of possession or sold under.a writ of site.
Bellflower, CA 90706 10', €=This writ is issued can a sister-state judgment.
11. Total judgment........................................$. 2, 934.50
12. Costs.after Judgment(per filed order or
memo CCP 685.490) ..............................$
13. Subtotal (add 11 and 12) ......$ 2, 934 .50
14. Credits $
15. Subtotal (subtract 14 from 13) ............... $. 2. 934 50
additional Judgment debtors on reverse 16; Interest after judgment(per filed affidavit
8. Judgment entered on (date): 7/16/02 CCP 68.5.050)
S. =Judgment renewed on (dates): 17. t=ee for issuance of writ............................$. 7 . 00 .
18. Total (add 15, 16, and 17) ..................o.....$ _ 2.941.50
7. Notice of sale under this writ 19, Levying officer:
a. EYE has not been requested. (a)Add daily interest from date of writ
b. has been requested(see reverse), (at the legal rate on 15)of ................. $
8_ or information on reverse. (b} Pay directly to court costs included in
ISE " 11 and 17(GC 6143.5,68511,3; CCP
x+ 699,524(!)) ........................................$
' � 24. The amounts called for in Items 11-19 are different for each debtor.
K{' s These amounts are stated for each de*r on Attachment 24.
._..
' Issued on Bete:AUG Attach Attachment
ity
rr
� .rpt ao ta,` — NOTICE TO PERSON SERVED:
Pago 102
Form Approved by WRIT CSP EXECUTIONM&unc�sa of cwti Proeeeura,��age. o;712 D1t3,�t�.o1a
the
Judicial CaunCif of C,at24cmfa [?EJ-1W Rev.January 1,IM711 `? 'Sssscda cnrrrverae.
Upoomai Fats
ArrpRNEY OR PAM WrMOL r A't I ORNEY(Name and Addrresal: TELEPHONE NO,: FOR RECOMS"USE ONLY
f4I=dim nequand by and rewm w (310) 312-9587
nonbLld B. DeVirian, Esq.
gBVIRIAN & SHINMOTO PROFESSIONAL CORPORATION
11400 West Olympic Blvd.
Los Angeles, CA 90064
A'rr0RWY FOR(Nerrra'�
wmEofcum. Superior Court of California
s-mETAtYoRass: County of Los .Angeles
mA#,1NGAommt 10025 East Flower Street
CITY AND7JP com: Bellflower, CA 907016
BRAMMNme Los Cerritos Court
PLAINTIFF:Universal Metro, Inc., a California
corporation
DEFENDANT:Be k,f- ower, Medical ,Center, etc. ; et al.
��vvrtx�aF�c�xrNamaentta�a�e�}:
CONTRA. COSTA ,SHERIFF
9201 MELLUS ST
MEMORANDUM OF GARNISHEE MARTIN Z � CA 94553
(Attachment-Enforcement of Judgment)
NOTICE TO PERSON SERVED WITH WRIT ANC! NOTICE OF LEVY OR NOTICE OF LEVYING FFICIER FIM NO.: EMU cAse No.:
ATTACHMENT: "This memorandum must be completed and mailed or delivered to, &D &J 02000056
the levying officer within 10 days after service on you of the writ and notice of levy
or attachment unless you love fully compiled with the levy. failure to complete and
return this memorandum may rwW*r you liable for the costa and attorney fees incur- This memorandum does not apply to ger-
red In otftatndng the required Information. nlshment of earnings.
- RETURN ALL COPIES OF THIS MEMORANDUM TO THE LEVYING OFFICER
1. if you will not deliver to the levying officer any property levied upon, describe the property and the reason for not delivering it:
a»� . c erg { JCr17j
7
2. Fier writ of execution only Describe any property of the judgment debtor not levied upon that is in your possession or under your
control:
1 If you ante money to the judgment debtor which you will not y to the levying officer, describe the amount and terms of the
obligation and the reason for not paying it to the levying o€ficer.
Attachment-
...- (r,�rrtnue� j
Fcn„Aamw by 6% MEMORANDUM OF GARNISHEE COP aee.ssD
iudiaW Carwilofcaixarrn (Attachment-Enforcement of Judgment)
AT1� ,F
:% `clnlsnr+at Form
SHOR'T71"IL Universal Metro v. Bellflower Medical Center LEVYING OFFICER FiLENOO COURT CASEiiC?.:
4. Describe the amount and terms of any obligation owed to the judgment debtor that is levied upon but is not yet due and payable:
5. For writ of execution only Describe the amount and terms of any obll ation owed to the judgment debtor that is not levied upon:
6.` Describe any claims and rights of other persons to the prop rty or obligation levied upon that are known to you and the names
and addresses of the other persons:
DECLARATION
I declare under penalty of perju der the laws of.the State of California that the foregoing is true and correct.
Date: K 0 4 20
DAINIL. BEERS SR. r
(rte OR'PP,INr NAME) (GJVAWRIw
w
If you cured more space to provide the Information required by this memorandum, you may attach additional purges.
Total number of pages attached-
AT-147,EJ-IS2(New.Uy S,16631 MEMORANDUM OF GARNISHEE pap we
=-AS(Attachmrent-Enforcement of Judgment)
ATTORNEY OR PARTY WITHOUT ATTORNEY{Name TELEPHONE n. FOR RECORLIESR"S USE ONLY
I ,
Recording requested by and return to: (2 0 9) 525-9008
r , .
PHILIP B. .AVILA- 107806
LAW OFFICES OF PHILIP B. AVILA
920 15TH ST
MODESTO CALIFORNIA 95354 ,
ATTORNEY FOR � JUDGMENT CREDITOR 'I ASSIGNEE OF RECORD
NAME OF COURT: SUPERIOR COURT OF CALIFORNIA,COUNTY OF STANISLAUS
sTReET AcoREss: 1100 I STREET
MAILING ADDRsss: PO BOX 1096
CITY AND ZIP CODE: MODESTO, CALIFORNIA 95354
BRANCH NAME.
PLAINTIFF: PARTNERS IN CARE INC. , DBA
CENTRAL VALLEY COLLECTIONS i
IDF:FENDAN`C: .'ATRISHIA CARR-HILL
i
WRIT (Money Judgment} CASE NUMBER:
OF' POSSESSION OF Personal Property 31203$
C� SALE Real Property FOR COURr USE ONLY
1. To the Sheriff or any Marshal or Constable of the County of:
CONTRA COSTA
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
accord with CCP 699.080 or CCP 715.040. I
3. (Name): PARTNERS IN CART; INC., DBA CENTRAL VALLEY .COLLECTIONS
Is the judgment creditor = assignee of record
whose address is shown on this form above the courfs name.
4. Judgment debtor(name and fast known address):
r
L# .IRISH?A CARR-HILL 9. ( See reverse for information on real or personal property to be
i 19 I�`r�APA CT delivered under a writ of possession or sold under a writ of sale.
BAY POINT CA 94565 10. =This writ Is issued on a sister-state judgment.
11. Total judgment ........................................ $ 725. 00
12. Costs after judgment(per filed order or
memo CCP 685.090) ..................I........... $ 0. 00
13. Subtotal (add 11 and 12) ........................ $ 725. 00
14. Credits ........................:......:................:. $ 0. 0 C
15. Subtotal (subtract 14 from 13) .........I...... $ 725. 00
additional judgment debtors on reverse 16. Interest after judgment(per filed affidavit
5. Judgment entered on (date): 8/30/02 CCP 685.050) ......... ....... .........I—.......... $ 3. 61
17. Pee for issuance of writ......_,_............._ $ 7. 00
6. Judgment renewed on (dates}: 18. Total (add 15, 16, and 17)
....................... $ 735. 6
7, miotics of sale under this writ 19. Levying officer:
a. has not been requested. (a) Acid daily interest from date of writ
b. ' has been requested,(see reverse). (at the legal rate can 15
9 )of ..:............ $ 0. 19
8. `Joint debtor information on reverse. (b) Pay directly to court costs included in
[SEALI 11 and 17(CC 6103.5,68511.3;CCP
699.520(i)) .............:.. ....... $ 0. 00
h" t 20. =The amounts Called for in Items 11-19 are different for each debtor.
These amounts are state for each debtor ori Attaement 20,
Issued on tfete : Attachment-7
NOTICE TO PERSON SERVED: S
Page 7 of 2
Form A noUof3 by the WRIT'OF EXECUTION a Code of Civil Procedure,�§®se.s2o,712.cto,71s.oto
Judicial Councf(04 cslttom� c?_�j^`
EJ-",30[Rev.January?, 198717 V1Ll 31 *See note ott reverse.
Optional Form
ORIGINAL e . ..
ATTORNEY OR PARTY WITHOUT ATTORNEY(Name end Addmssl: TELEPHONE NO.:
FOR RfCt7NDfR^5 USE Ci1V1Y
Recording requested by And return to:
PHILIP B. AVILA - SBN107808 (289 ) 525--9008
LAW OFFICES OF PHILIP B. AVILA
920 - 15th STREET
MODESTOr CA 95884
ATTORNEY FOR Wamr). allDGMENT CREDITOR
NAME Of COUKII: SUPERIOR COURT OF CALIFORNIA S'T`ANISLAUS
STREET ADDRESS: 1100 I street
MAILING ADDRESS:. P.O. BOX 1098
CITY AND ZIP CODE: MODES TO, CA -.95354
BRANCH NAME:
COUNTY QF STAXISLAUS
PLAINTIFF: PAR'T'NERS IN CARE INC. ,DBA
CENTRAL. VALLEY COLLECTIONS
DEFENDANT:LATR.ISHIA CARR-HILL
LEVYING OFFICER theme and Addwsl:
CONTRA COSTA SHERIFF
NOTICE OF LEVY CIVIL DIVISION
under Writ of a] Execution (Money Judgment) Sale 9 2 0 MELLUS ST.
MARTINEZ, CA 94553
(525), 646-1770
TO THE PERSON NOTIFIED (name): BANK OF AMERICA LEVYING OFFICER FILE NO.: COUlrr CASE nlo.:
1330' MAIN STREET 312088
WALNUT CREEK r CA
1. The.judgment creditor seeks to levy upon property in which the judgment debtor has an interest and apply it to the satisfaction
of a judgment as follows:
a. judgment debtor (name): LATRISHIA CARR,--HILL
b. the property to be levied upon is described
in the accompanying writ of possession or writ of sale.
as follows: ANY AND ALL ACCOUNTS STANDING IN THE DAME OF THE DEBTOR
C'
INCLUDING BUT NOT LIMITED TO CHECXINGS, AVINGS, MONEY MARKET
ACCOUNTS, T—BILLS.r SECURITIES,- STOCKS, BONDS,. SAFE DEPOSIT BOXES,
etc. "BUT ESPECIALLY ACCOUNT .# 022441715811
2. The amount necessary to satisfy the judgment creditor's judgment is!specify total amount due.under the wait less partial satis-
factions plus daily interest from the date of the writ until the date of levy):
s 735.61 .plus . 19 daily interest, $30.sheriff fee & $8.assessment fee
Ozer check sent! ""CONTACT THE SHERIFF FOR THE TOTAL PAYOFF AMOUNT""! j f
3. You are notified as
a. � a judgment debtor.
b. EK a person other than the judgment debtor (state capacity in Which person is notified): An institution whe
an -account, safe-deposit box.,i:s maintained (or) which is .holding other
property of the debtort11
(Read Information for Judgment debtor or Information for Person Other Than Judgment Debtor on reverse:)
Notice of Levy was
mailed on (date):
delivered on (date):
posted on (slate):
filed on 044:
recorded on (dare):
Attachment-8
Signed by: KARL OGATA
Levying officer Registered process server ALAMEDA COUNTY ',R.EG J 218
(COntinsrad On relrarse)
Appr*ved by t NOTICE OF LEVY
Judicial Council of California
EJ 180 4Rsu..7anuary 1, 19851 (Enforcement of Judgment) CCP 699.540
ORIGINAL'
{ATTORNEY OR PARTY WITHOUT ATTORNEY Ilam*.na Addrmsj: TELEPHONE NO. FOR fircoRDERT UBE aftr
�.«...�y
> ,++R��d cofftlling yC�aquestad�r�3Y+7and returf o::
t$219107808-
1 8 0 ('209)
;g [y 525-908 ry90
LaW OFF-ICES OF PHILIP B. AVILA
920 - 15th STRERT
. N0DB8T0o CA 95354
AMRNEY FOR Wamel: JUDGMENT CREDITOR
NAME OF Couer SUPERIOR COURT OF C.ALIFORNIA STANIST AUS
MAILING ADDRESS: P.OA BOX 1098
CITY AND ZIP CODE: XODESTor CA 9 a 3 t 4
BriANCH NAM;::
PLAINTIFF: PARTNERS IN dkRB ltt.404A
CENTRAL VALLEY COLLECif648
DEFENDANT,LATRTSK1A CARR-HILL
LEVYING OFFICER(Name and Addressh
CONTRA COSTA' SHERIFF
MEMORANDUM OF GARNISHEE CIVIL DIVISION
Attachment - Enforcement of Judgment) 920 MELLUS ST*
.R IM r CA 9"4553
NOTICE TO PERSONSERVED WITH WRIT AND NOTICE OF LEVY OR NOTICE OF (925) 646-1,770
ATTACHMENT, This merrwrandum must be completed and mailed or delivered to LEVYING OFFICER FILE NQ, Count casE NO.:
the levying officer within 10 days after service on you of the writ and notice of levy
or attachment.unless you have fully compiled with the levy.Failure to complete and
return this memorandum may rander you liable for the costs and attorney fees incur-
red in obtaining the..required Information, This memorandum does not apply to gar.
RETURN ALL COPIES OF THIS MEMORANDUM TO THE LEVYING OFFICER — nishmiint of 'earnings.
1. If you will not deliver to the levying officer any property levied upon, describe the property and the reason for not delivering it:
1WK OF AMERICA t
1330 MAIN STREET
WALNUT CREEK r CA
NO FUNDS AVAILABLE
2. Fur writ of execution only Describe any property of the judgment debtor not Dried upon that is in your,possess ion or lander your
control:
3. If•you owe money to the judgment debtor which you will not pay to levying officer, describe the amount and terms of the
obligation and the reason for not paying.it to the levying officer:
. ' r`1�C��rhm1r`I�L
(Continued vn� .
Parm Approved tr,e MEMORANDUM OF GARNISHEE
Judicial Gourd!of CCCP 468.616
Ar=167,EJ-162(blew JufY (Attachment -- Enforcement of Judgment) 701.030
SHORT TiTL"t: LEVYIN ntP�c �u.�r�c�.: cr�uxr CASE NO.:
Q, Describe the amount and terms of any obligation owed to the judgment debtorthat is levied upon but is not yet due and pay le,
S. For writ of execution only. Describe the amount and terms of any obligation owe ZZ
ot levied upon:
r
6. Describe any claims and rights of other pef` ns to the-property or obligation levied upon that are known to you and the names
and addresses of the other persons:
DECLARATION
I declare under penalty of perjury under the laws of the State of California that-the foregoing is true and correct.
Date:
Aft,U
OCT 2 1 2W2
. . . . . . . . E. .Q . . . . . .
{r•YF'r-OR PRINTNAAIS) {SrGt1ATUREJ
r, • ..
• L�
�.1
If you need more space to provide the Informatift required by this memorandum, you may attach additional pages
Total number of pages attached:
:`kn3 x
a'T.767,F.J-I=JNav u1y 1,19g3l MEMORANDUM OF GARNISHEE PageW'T
(Attachment-Enforcement of Judgment)
F
ATTORNEY OR PARTY WITHOUT AMANEY tNsmo and tddreas1: TELEPHONE NO.: L€VYING OFFICER 1Neme and Addressh.
PHILIP B. AVILA -. SBN# 107808 (209) 525-9008
ATTOhN13Y AT LAW
,920 ,— 15th' STREET CONTRA COSTA SHERIFF
,MODESTO, CA 9535.4 CIVIL DIVISION
AmANE� FOR t ram�t: PLAINTIFF 920 MELLUS ST.
NAME OF COURT,JUDICIAL DISTRICT AND BRANCH CO RT,IF ANY, MART INE Z, CA 94553
SUPERIOR COURT bF CALIFORNIA. ( 925) 646-1770
COUNTY OF, STANISLAUS
PLAINTIFF: PARTNERS IN CARE INC.. , DBA
CENTRAL VALLEY COLLECTION&
DEFENDANT LATVISHIA CARR-HILL
EARNINGS WITHHOLDING ORDER LEVYING OFFICER NLA Na-, COURr CASE NO.:
(Wage Garnishment) 02--4850 312088
EMPLOYEE.- KEEP YOUR COPY OF THIS LEGAL PAPER. EMPL.F4DO: GUARDE ESTE PAPE•L OFICIAL.
EMPLOYER: Enter the following date to assist your record keeping.
Date this order was received by employer tspecify the date of personal delivery by ievying officer or registered
process server or the data mail receipt was signedl:
TO THE EMPLOYER REGARDING YOUR EMPLOYEE:
Name and address of employer Marne and address of employee
KAISER PERMANTE � LATRISHIA CARR—HILL
1425 — S. .MAIN ST. 119 NAPA CT.
WALNUT CREEK, CA 94596 BAY 'POINT, CA 94565
ATTN:: P.AYROLL DEPT.
€ Social secur€ty Number fif known): 546-77-0317
1. A judgment creditor has obtained this order to collect a court judgment against your employee. You are directed to withhold
part of the earnings of the employee (see instructions on reverse of this forml. Pay the withheld surds to the levying officer/name
and address above).
If the employee works for you now, you must give the employee a copy of this order and the Employee Instructions within
10 days after receiving this order.
Complete troth copies of the form Employer's Return and mail thorn to the iesvyin officer within 15 days after receiving this
order, whether or not the employee works for you. Contact the sherif for the total payoff amou•n,
Z The total amount due is:
$735.61 plus . 19 daily interest $25.sheriff & $8.assessment
}� t
Count 10 calendar days fro The d vh tl L re e Wsl order. If your employee's pay period ends before the tenth day,
do not withhold earnings payable for that po period. lett withhold from earnings that are payable for any pay period ending on
or after that tenth day. .
Continue withholding for all pay periods until you withhold the amount due.The levying officer will notify you of en assessment
you should withhold in addition to the amount due. Dei net withhold more thea the total of these amounts. Never withhold any
earnings payable before the beginning of the earnings withholding period.
3. The judgment was entered In the court on
(date): 08/30/02
The judgment creditor,lif different from the plaintiff)is
(name): Attachment-10
4. The EMPLOYEA'S INSTRUCTIONS on the reverse tell you how mt id
answer other questions you may have.
Date- 11/12/02
KARL OGATA
ITYP E OR PRINT NAMV (SIGNATURE)
Lg"NG OFFICER REGISTERED PROCESS SERVER
(Employer'sALAMEDA COUNTY REG.i# 218
instructions on reversal
Form Adopted by the EARNINGS WITHHOLDING ORDER code of ci,,o Procedure, 45.706.108, 706.125, 706.022
Jud;cla+Councst
of calfforrria (Wage Garnishment)
A'r-MRNEY rD€i PARTY WITMOUT ATTORNEY lN�rmt*ad AddnssY. TELEPHONE X o. L£4+Y1NG LVMCEA Meme end Addrreast:
AHILIP B. AVIL,A — SBNW 107808 ( 209) 525-9008 »
ATTORNEY AT .LAW
920, — 15th STREET CONTRA COSTA SHERIFF
MODESTO, CA 95554 CIVIL DIVISION
ATTORNEY'roA flVems): PLAINTIFF 9203 Mi LLaUS ST.
NAME OF COURT,JUDICIAL DISTRICT,AND 9AA*n COURT IF ANY: MARTINEZ r CA 94553
' SUPERIOR COURT OF CALIFORNIA (925) 646-1770
COUNTY OF STANISLAUS
PLAINTIFF: PARTNERS. IN -CARE INC. � DBA
CENTRAL VALLEY COLLECTIONS
DEFENDANT LATRISHIA CARR—HILL,
EMPLOYER'S RETURN LEVYING OFFICER FILE NOL COURT CASE NO.:
(Wage Garnishment) 02-4850! .312088
EMPLOYER: You must complete both copies of this form and mail them to the levying officer within 15 days. Please
correct any errors in the mailing information above and provide any missing information,including the name
of the person to whore notices should be directed.
FAILURE 70 COMPLETE AND RETURN THESE FORMS MAY SUBJECT YOU TO PAYMENT OF ATTORNEY
FEES,AND OTHER CIVIL PENALTIES.
Name and arddross of employer 1 � Name and a+ddross of employee
KAISER P'ERMANTE • LATRISHIA CARR-HILL
1425 — S. MAIN ST. 119 .NAPA CT.
WALNUT CREEKr CA 94596 BAY POINT., CA 94565
L._.A TN: PAYROLL DEPT.
Atte. social sacurl ty Number W knowni:
.546-77-0317
flnsart name above]
I.. 1 received the.Earnings Withholding Order on
(detel:.
Z The employee is
a. not employed by this employer Iff nor employed; omit items .3b through 6 and proceed to item 7 on reverse].
b.0 now employed by this employer and in the last pay period had gross earnings of
3. The employee's pay period is
a. daily b. weekly c. •evMry two weeks
d. twice a month e. } monthly f. other (specify):
(IF YOU HAVE RECEIVED NO OTHER ORDERS THATPRESENTLYAFFECT THISEMPS.£}YEE SEARNINGS.OMIT.ITEMS 4 S..AND 6,
AND PROCEED TO ITEM.7 ON REVERSE.)
Attachment-11
Montinued on rev
Form Adapted by the EMPLOYER'S RETURN
Judiceal Counal of California (Wage Garnishment) code Chr.Ptoc, 1706.1215
982.5(4)(Rev.January 1.19831
COMPLETE BOTH i1ETUHNS AND . RETURN TO SHERIFF
SHORT.TITLE: LEVYING OFFICER FILE NO.: COURT CASE NO:
If you'have received tither orders that presently affect this employee's earnings, another order may have priority over this one, The
following List Indicates priority of orders:
Wage and Earnings Assignment Order(For tupport) . . . . . First priority
Earnings Withholding Order for Support . . . .. . .. . . . . . . Second priority
Earnings Withholding Order for"taxes . .. . . . Third priority
Earnings Withholding Carder . . . .. . . . . .. . . . . . . ... . . . . . . Fourth priority
if two or more orders have the same priority, comply with the one received first. If both were received on the same date, comply
with the one with the earlier date of judgment. If the dates of judgment are the'ssme, you may select which order you choose to
comply with.
4. This order appears to Neve higher priority than any other order, Earnings will be withheld for this order in accord with the
EMPLOYER'S-INSTRUCTIONS (on averse ofEamings Withholding Order).
5. The employer has received another order affecting the employee's earnings and earnings are being withheld for the other
order because:
a. The other order was received first.The other order was received on(date):
}�. This order does not have higher priority.
c, [ A copy of the other order is attached (retain original for your records if a copy is not attached, complete item d.)
d. A copy of the other order is NOT attached.Describe the other order by providing the following information:
(1) Court name, address, and case number:
(2) Levying officer name,address,and file number:
(3) Total amount to be withheld. $
6.
This order is not effective for the reason shown in Item 5. It is returned to the levying officer with this return.
7. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANTy
If an Earnings Withholding Order is not effective when saMd, for any reason, do not hold It. Return It to fhe levying
officer with this return.
FAIL.URE`TO COMPLETE AND RETURN THIS RM MAY SUBJECT AN EMPLOYER TO CIVIL
LIABILITY AND ATTORNEY PEES.
MAW lkv,dory 1.19931 EMPLOYER'S RETURN Pepet«o
'JudidrtCouncil Fbrmrfnr Arotpocs� (Wage Garnishtnent)
A'r'rC MEY OR PAf,'CP'1V!"f#iDUTATTORNEY(Name endikddrm)s 7ELEPKONE NO.: LEVYING OFFIOPR(Marna wmifictr res):
PARTNERS IN CARE INC.DSA (209)491.3505
1741 COFFEE Rei.STE,7 County of Contra Cosh
MODESTO,CA 85355 Sherif#`s Civil Unit
920 Melitis Street
ATMRNEY FORflVema): In pro per Martina?,CA 84553
NAME OF COURT,.JUDICIAL DISTRICT OR BRANCH COURT,IF ANY: (925)646.1770
STANISLAUS COUNTY SUPERIOR COURT-
PLAINTIFF:
PARTNERS IN CARE INC.,DBA CENTRAL VALLEY COLLECTIONS
DEFENDANT:
LATRISHIA CARR-HILL
NOTICE OF TERMINATION OR MODIFICATION LE {)DIGER PILE rlO.773412088,.xsE NO.:
OF EARNINGS WITHHOLDING ORDER 2002004850
1.TO EMPLOYER.,You are given notice that the Earnings Withholding Order Is modified as follows:
Name and address of employer Name and address of employee
KAISER FERMANENTE LATRIHIA CARR-HILL
1425 S.MAIN ST. 119 NAPA CT.
WALNUT CREEK.,CA 94596 � LS Y POINT,CA 94565
Attn: {Payroll.}Confidential. Social Security Number(if known):
(insert name above)
2.THE EARNINGS WITHHOLDING ORDER IS
a. EXI terminated for all earnings payable on or after
(date): 121101002
b. modified for all earnings payable on or after
(date): as follows:
(1)= The sum to be withheld is(specify amountlweekly,monthly, etc.):
The amount withheld must not exceed the maximum permitted by lava,as explained In the
Employees Instructions.
(2) The sum necessary for the support of the judgment debtor and family,is(specify amountlweekly, monthly, etc.)
All disposable earnings exceeding that amount are to be withheld,but the amount withheld must not
exceed the maximum permittstl by law,as explained in the Employer's Instructions.
c. Other orders (specify):
3.Withheld i L���.,Y .i��a i° ho�1I 1411�.IC.acc�tlrlarzcea�rlth tl .ter�z�,s.I�f�lais.�acsflee
Date: 1/14103
Levying Officer, by,,....WARREN E+RUPF SHERIFF.............
tri I rlvr IVAalis�a
...................
. . Sr- er S Aru
CREDITOR'S INSTRUCTION TO TERMINATE OR MODIFY EARNINGS WITHHOLDING ORDER
To the levying ofi`lcer. You are directed to terminate or modify the Earnl'
Date:
Aftac�tI't It�nt -12
. .. .. ................................
NOTICE OF TERMINATION OR MODIFICATION wasr GROUP
Farm AdoptedOyIts OF EARNINGS WITHHOLDING ORDER o 1w�ul�sat�r
J140181
�Iaa tv + .fes
70N.I06{g}
(Wage Garnishment) GOP 7C1O.1Ct5(!},
10/26/2000 15:06 925-645 2400 CCC AUDITORPAGE 01
Page 1 of 3
CONTRA COSTA COUNTY
Office of the County Administrator
ADMINISTRATIVE BULLETIN
Pcot4r pact Note 7671 tzats.� �►
Nam
Number- 207.6 '
Date: 8-5-95 Co ` 00. r
section: Budget & Fiscal 3�# �.r� , Fri"#
SUBJECT: Relief of Shortages in-Accounts IFRr"
Officers and eiaployees of the County who are 'responsible for
receiving, and paying out money may be relieved of shortages in
their accounts*after reasonable efforts to recover the shortages
.have been exhausted,' where there is no proof of 'gaud or gross
negligence in connection with the shortages, and where the loss is '
not covered by insurance.
Any cash s:ho'rtage which appears likely to have resulted from
criminal activity is to be reported .immediately to the police
agency having jurisdiction. Cash, shortage amounts greater than
$250 must be reported to the. County Auditor-Controller within •24
hours of discovery.
1. PROCEDURE FOP, RELIEF OF IP DIVIDUAL SHORTAC;ES OF $250 OR LES'S
A. If the shortage is $25 or less 'and a Cash Difference Fund
has been established for .the Department, the shortage is
reimbursed from that fund and is recorded in the Cash
Difference Fund Shortages log. The department
periodically submits a demand (Form D15) to the
Auditor-Controller to replenish the Cash Difference Fund,
supported by a copy of the applicable. secti,on of the
Shortages log'.
S. In all other instances of shortages of : 250 or less, the
off icer..or employee requesting. relief shall submit to the
Auditor-Controller a written report containing the
following Information;
T.. The amount of the shortage.,
2. The date on which the shortage occurred.
.3.. .A brief explanation of how and why the .shortage
occurred anal why further efforts to recover the
shortage are not �untifisd.
4 .. A request for relief from the shortage.
5; Approval of the depaztment haad or chief deputy.
Capon his review and'appraval of the report, -the
Auditor-Controller will reimburse the shortage.
If a department does'not have a Cash Difference Fund and
desires to have one, it may request the Auditor-
Controller to establish such a fund for its use.
22. PROCEDURE FOR RELIEF OF INDIVIDUAL SHORTAGES OF MORE THAN $250
A. The office or employee requesting relief shall submit to
the-County Auditor-controller a verified wsittexs ra*part
containing the following iXnfo_; t� :
hup://intranetco.contra-costa.ca.us/bulletinsl207rehe,to
20/26/2000 15:06 925-FAG-2480 CCS AUDITOR PAGE 02
Page 2 of 3
1. The asOUnt of the shortage.
2, The daze upon which the shortage occurred.
3, A full statement of 'how and why the shortage
occurred and what has been done to prevent
reoccurrences.
4. The efforts zttade to discover, ascertain and recover
the shortage, including the dates of taking such
action, and a statement that further efforts would
probably not be sua=ossful and would not be
justified by the amount of the shortage and the
improbability of successful recovery,
5, �a statement that, so far can be aace:rtained,
neither the shortage nor any delay in its discovery
was caused by fraud or gross negligatce.
8. A request for rtlief from the shortage.
7. The verification, under penalty of perjury, of the
pertinent information by the person requesting
relief.
8. The .approval of,the department head if he or she is
not the'parsor. submitting the requesting.
S. if the County Auditor-Controller concurs it the report?
after such further investigation as he or she dearer,
appropriate the Auditor* shel1 so indicate to the County
Administrator who shall then present the matter to the
Board of Supervisors for action, Zf the Board approves
the report, its approval shall be entered in its minutes
and the .abortage.shall be a charge against the County
General Lund.
1i2. Application for Discharge from Accountability for Collection
of :Accounts.. Requests for discharge from accountability not
covered by the above procedure (Government Code Section 29350)
may presented to the Board of Supervisors pursuant to
Government Cods Sections 2525'7-25259 In the form of e+ verified
written application addressed to the Board through the CcSu my
Administrator, and containing the following inforztsation:
'A. .Thoamount owing.
B. Except.whera disclosure of such infozusation is prohibited
by state.or-federal law, the names of the assaesseses or
persons liable and the amounts awed by each, which sway be
reference .to .sped is doc:zmez is incorporated .thereby in
the application.
C. The estimated cost .of collection, or a 'statement that the
likelihood -of collection does .not warrant the expense
involved, or a. specific reference to the official records
establishing that the amount owned has been compromised
or adjLis Led. if requestod by the,Board of Supervisors,
the applicant shall furnish such additional information•
as the Board dooms necessary to determine that the
request for discharge is justified.
D. Any nether fact warranting the discharge, except where the
Board Supervisors detonaiinees that the circumstances do
not warrant the furni.shinq of detailed information.
1ittp:l/intranet.co.contra-costa.ca.us/bulletins1 07re1ie.txt. 10/26/2000
__
........
__
............. ........
...........................................................
10/26/2000. 15:06 925-646-2480 SGC AUDITOR
PAGE 09
Page 3 of 3
E. A verification by the applicant that the facts stated in
the application are true and correct, which may be math
on information and belief.
hCTLE: Form may be requisitioned fram Central service.
Orin. rept. : Acacia.ttiz�Cantraller
Reference: Board Resolution Nos. 83/1062 and 96/342
Government Code Section 2939G
/s/ Scott'- Tandy
Phil Batchelor,
County Administrator
Cl
http://intmnet.co.contra-costa.oa-us/bulletins/'L07relie.txt 10I2612000 .
. 10/26/2000 15:66 925-646-2480 CCC AUDITOR PAGE 04
hgc 1 of i
orrICE OF THE COUNTY ADMINISTRATOR
CC3NmAA C0 S TA C 0 U N TY
Administration Building
} Martinez, California, 11th Floor
I.
Department Heads
FROM; Scott Tandy, Chief Assistant County Administrator
by A. Dean Lucas, .Dsp�Yty CAU
DAVE. August 8, 1996
SUBJECT: Change to Administrative Bulletin Manual
Administrative Bulletin No. 207, Relief of Shortages in Ac Counts,
has been amended (•6) to allow the Auditor to replenish cash
shortages of $250 or less without requiring that departments go
to the Board of Supervisors for approval.
DL:lmj
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28-FEB-03/182/4225027614/TR 4517-27FEB03/
Enclosed is the photocopied item you requested. For further assistance,
please call 1-800-869-3557 . ( 1-800-TO-WELLS) You have not been charged a
fee for this service.
Thank you for banking with Wells Fargo - your .Anytime Anywhere Bank.
- - - INTEROFFICE MAIL - -- - -
MAC: A0186-068
TO: a.drianne/r1813720AU: 00417
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Enclosed is the photocopied item you requested. For further assistance,
please call 1-800--869--3557 . (1-800-TO-WELLS) You have not been charged a
fey: for this service.
Thank you for banking with Wells Fargo - your .Anytime Anywhere Bank.
- - - - INTEROFFICE FLAIL w- - - -
MA.0 155 ath St.MAC x,4186»-063
TO: a:drianne/r181.4681AU: 03509
030228
Executions Page I of I
Executions
1e Number: 02748,50
Plaintiff: !
Defendants.
Method ofCounter Cash
Payment. . .. .v.. e. _ .. ...
Ch
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Payment
Date: _._.._._
Funds
Avallab#
Matte:
Amount o
Executionti
Executio detect an Execution Type
Seized
Property ISelett a Seized Property Reference
Referen .
Q X997-2003,Sirron Software Corporation,All Rights Reserved.
Last Modified: Wednesday,3anuary Oft,2003 03:41:12 PM
Version 2.000
Attachment-1 5
http://1.37.10.2/civRiExecWions.asp 2'26(03
Executxans Page 1 of 1
t
ON
" Execution's
File Numbers 12002004850
Plaintiff: PARTNERS IN CARE INC., DILA CENTRAL VALLEY COOL CTICI
Defendant. L R'ISHIA CARR-HILL
Method 01—
Counter CashPa ment
Check
Number:
PaymenDate. D2i26i2003
Funds
Available
Crate.
Amount
Executions -,...
Execution Select an Execution Tyke
Type:
Seim
ProSelect a Seized Property Reference
Reference:
0 x997-2 03,Slrron Software Corporation,All Rights Resenfed.
Last MWMedA Wednesday,3anuary QS, 2003 03$41.12 PM
Version 2.009
Attachment-16
http://l.37.10.2/civil/Executions.asp 2/26/03
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Warren E. Rupf
s
January 7, 2003
All
I.,atrisha CMT."-Hill
119 Napa Ct.
Bay Point, CA 94565 _
Partners In Carha Malley Code V ..
LevyingPffi .. 8 r
`!�ovemb 43 4 � �
on. � «fit ��ti cx.�rntr account.
against a j ,� ocas � � � iL� tr tl�r4tioxt recently,
that those£unt w edit a yon"4ecuiz µsi':Darem. I.f,2002,our office
relmded a chock toys iu cit' S2, enturit of$62 .65 was
refunded on January �
•' I ''� �•w ' ,� ```1."fig k 1
e + f ca. , owever Bank of
We do realize a� , � y ,
Americaresponded e�jouur r e`�from your
account. With
uz fo 5 a �'. th 71.50 refunded
to you in errror so, � � � � e.a' � t.t I sincerely
apologize for anY-�nen�e c this r have erll but require 2971. to be returned
in order to reconcile cur iccoucts. t I"lei 'i of check or money order in the
amount of S2971.50 within ten days from letter. For your convenience we .
have enclosed a copy of the cheat along wita, �i�the memorandum of garnishee reflecting
the bank's response on your account. Your furl ' o b comply with this demand shall cause
legal action to be entered against you. lega�tctiou is entered,punitive damages plus
court and legal casts will be assessed...
A copy of this letter w.be forw=ded to your employer( .ai.ser Parm.anente) at 1425 S. Main
street,Walnut Creep,CA 945.95.
Your prompt attention in this matter is greatly appreciated. If you have any questions,please feel
to•contact our office Monday through Friday from 8-.00 a.m. to 4:00,p.m., at (925)646-1770.
`techniaw Services Attachment 1$
civil unit
920 Mellus street• Marfim
(926) 646-17M
Y, r.
1
t
Sincerely,
WARREN E. UP:F, SHERIFF
'eva. nn Clerical Supervisor
cc: Kasier Pemanete
Law Offices of Devirian& Shinmoto
r `
Mark Weikel
920 Mellus at
Martez,Ca 94553
Dear Mr.Weikel,
UaTrishia Carr-RUI recieved the amount of$620:65 which I cashed myself
I am willing to mage payment arrangements on this amount which I would
like to pay off in 90 days or less.
The amount for$2,164.53 I never received or cashed a check for this amount
therefore I do not feel that I am responsible for this amount.
LaT:ishia Carr-Hill
LA
C :CK MME FM CHOM CFADDREa$
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j�[i 3vi.I �'3 f ilF3 fi E .ftl} ill T?191t J9 3 � 7
Attachment--19
r
aunnig of Ti nntra axrztn
ffir:t lif f4-P 4kr ff
Warred E, Rupf
snett
March 11, 2003
Bank of America Levy Departrrlent
Attn: Annette
R ,
Office: 213.240 3490
Fax: 213,240,34991;V-
7. a t
19 f';4 4
Re#: Perer in Gate INS yrs #.a�trtaa Gari Nil1
Stanisla Is Supefii r Court Case
Contra taoC.quiity Shariff' Levy-Fi1eO �5O { R
N a 6 f u .5a
Dear Annette.
On 2-5-02, 1scovefed a"significant error in', 16h of monies under
levy in our office `gin 14!4&102,.a cas.-i,I c Teck or 2971 5 3 s received by our
office from Bank 4. rieic locd'ed a#'` 3iaewaro- cordTriant to aan#c
: .
levy. This check- as:au p ed tobe c+s'tt d nto 5 r levy l l (32-485f. See
Attachment-A Eons apy a thibMet�orandum Of Garnidh6dtp ilz of America in
Concord listing,the'levied ai'nount o-. 2, 7 w5O,fl Sheriffs evy,file,trf 02-4855 and
the Los Angeles Superior Court case'lnumber of I2COOO56. See Attachment-13 for a
copy of the Writ of Execution--Money`,Udgerment upon which the bank levy was
based.
{ h
Fi
l t
Due to a data input error, the check:,for $2,971.50 was deposited into the
incorrect levy file of 02-4550. Levy file 02-4850 was a bank levy requested by Partners
in Care Inc. against Latrishia Carr-Hill pursuant to Stanilaus Superior Court judgment
case number 312088. This incorrect deposit put the receiving levy file of 02-4850 into
an "Overpaid" status and a refund check (Contra Costa County Sheriff's escrow fund
check nun r 1105O8 for$2,164.53 bearing Wells Fargo account number 027614 and
issued to Latri hia Carr-Hill CICS Bank of America account number 0224417158) was
issued in error to Bank of America in Walnut Creek for deposit into the debtor's account
Sae Attaichr nt-C for a copy of the Sheriffs refund check. For supporting
Technical Services Di Aftac meet 20
Civil Unit
920 Menus Street• Martinez, C
(926) 646-1770
, t
G ,
documentation, please see Attachment-D for a copy of the Notice of Levy to Bank of
America located at 1330 N. Main St. in Walnut Creek directing a levy on the account of
Latrishia Carr-Hill, account number 0224417158, Stanislaus Superior Court case
number 312088 . Bee Attachment-E for a copy of the Writ of Execution Money
Judgment upon which the bank levy against Latrishia Carr-Hill's account is based. See
Attachment-F for a copy of the Memorandum of Garnishee from Bank of America
located at 1330 main St. in Walnut Creek which documents that no funds were
available in the account of Latrishia Carr-Hill, Sheriffs levy file number 02-4850.
1 am seeking verification that Centra Costa County Sheriffs escrow fund check
number 110508 for$2,154.53 Dearing Wells Fargo account number 027514 and issued
to Latrishia Carr-Hill C/O Bank of America aunt number 0224417158 was deposited
into the account of Latrishia Carr-Hill, account number 0224417158, See Attachment-C
for a copy of the Sheriff's escrow check. Carr-Hill is denying she ever received any
such monies. Due to the incorrect deposit, the $2,971.50 mast now be recovered to
reconcile Sheriff's accounts. Our office requires this verification in order to attempt
recovery of the monies.
If you have any questions or require further information or clarification, please do
not hesitate to call me at the fallowing numbers:
Office: 925.646,1756
Cell: 925.383.9748
Thank you for your assistance and understanding in this matter.
Sincerely and respectfully,
WARREN E. RUFF, SHERIFF
Sgt. Mark Weikel, Civil Unit Supervisor
cc: Levy file#02-4850
wpb vocument xemevat rage i ox i
Y
CA4IFORNIACODES
�RNH t 4rVk/�i'
SECTION 26680-26685
25680. If on demand the sheriff neglects or refuses to pay over to
the person entitled any money which comes into his hands by virtue of
his office, after deducting all legal, fees, the person may recover
the amount thereof and 25 percent damages and interest at the rate of
10 percent a month from the time of demand.
26685. Whenever any action is brought against any sheriff, all
deputies and employees of the sheriff employed under any civil
service or merit system upon whose negligence, wilful or wrongful
act, or other default the action is based are necessary parties
defendant.
Attachments-21
hq://www.leginfo.mgov/cgi-binlwa sgate?WAISdoclD=844585 1400+0+0+0&WAI aL.. 04/08/2003
....
wAio vocumem mrrmevai rage i of
C41FORNIA CODES
r q,ODE OF CIVIL PROCEDURE
SECTION 701.810-701.830
7 .810. Except as otherwise provided by statute, the levying
of-''cer shall distribute the proceeds of sale or collection in the
foll wing order:
(a To persons having preferred labor claims that are required by
section 1206 to be satisfied from the proceeds, in the amounts
required y Section 1206 to be satisfied.
(b) To he state department or agency having a state tax lien (as
defined in ction 7162 of the Government Code) that is superior to
the judgment reditor's lien, in the amount of the lien.
(e) If a de sit has been made pursuant to Section 720.260 and the
purchaser at th sale is not the judgment creditor, to the judgment
creditor in the a Dunt required to repay the deposit with interest
thereon at the rat on money judgments from the date of the deposit.
(d) To the judgmen debtor in the amount of any applicable
exemption of proceeds p rsuant to Section 704.010 (motor vehicle) ,
704.020 (household furni ings and other personal effects) , or
704.060 (tools of trade) , xcept that such proceeds shall be used to
satisfy all of the followin in the order of their respective
priorities:
(1) Any consensual liens an encumbrances, and any liens for labor
or materials, that are subordin e to the judgment creditor's lien.
(2) Subject to Section 688.030, ny state tax lien (as defined in
Section 7162 of the Government Code) on the property sold if the
notice of state tax lien on the prope y has been recorded or filed
pursuant to Section 7171 of the Governor nt Code prior to the time the
levying officer received the proceeds of he sale or collection.
(e) To the levying officer for the rel ursement of the levying
officer's costs for which an advance has n:fte
been made.
(f) To the judgment creditor to satisfyt following:
(1) First, costs and interest accruing issuance of the writ
pursuant to which the sale or collection is co ucted.
(2) Second, the amount due on the judgment wit costs and
interest, as entered on the writ.
(g) To any other judgment creditors who have deli eyed writs to
the levying officer, accompanied by instructions to 1 y upon the
judgment debtor's property or the proceeds of its sale r collection,
or any other persons actually known by the levying offic to have a
claim, lien, or other interest subordinate to the judgmen creditor'
s lien that is extinguished by the sale and that is not oth rwise
satisfied pursuant to this section, in the amounts to which ' ey are
entitled in order of their respective priorities.
(h) To the judgment debtor in the amount remaining.
701.820. (a) Promptly after a sale or collection under this title,
the levying officer shall distribute the proceeds to the persons
entitled thereto or, in cases covered by Section 701.830, deposit
the proceeds with the court.
(b) Except as otherwise provided by statute, the proceeds shall be
paid to the persons entitled thereto within 30 days after they are
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISd clD=84472822333+1+0+0&WAISa(... 04/08/2003
.
wtuo ijoe,uius=twinewu rage z of
x;eeived by the levying officer.
Y 4 (c) If the proceeds are not to be received by the .levying officer
in one payment, the levying officer may accumulate proceeds received
during a 30--day period and the accumulated proceeds shall be paid to
the persons entitled thereto not later than. 20 days after the
expiration of the 30-day period.
(d) When proceeds are received by the levying officer in the form
of a check or other form of noncash payment that is to be honored
upon presentation by the levying officer for payment, the proceeds
are not received for the purposes of this section until the check or
other form of noncash payment has actually been honored upon
presentation .for payment.
(e) The provisions of Section 26680 of the Government Code apply
to the levying officer only if all of the following conditions are
satisfied:
(1) The levying officer has failed to pay the proceeds or deposit
thein with the court as provided in this article within the time
provided in this section.
(2) Upon such failure, a person entitled to any of the proceeds
has filed with the Levying officer a written demand for the payment
of the proceeds to the persons entitled thereto.
(3) The levying officer has failed within 10 days after the demand
is filed to pay to the person filing the demand the proceeds to
which that person is entitled.
7 .830. (a) If there are conflicting claims to all or a portion of
the oceeds of sale or collection known to the levying officer
before the proceeds are distributed, the levying officer may deposit
with th court the proceeds that are the subject of the conflicting
clainrn ins ad of distributing such proceeds under Section 701.810.
Any ittarest person may apply can noticed motion for an order for
the distrbuti of the proceeds deposited with the court. A copy of
the noticeiof mo 'on shall be served on such persons as the court
shall by ord4r det ine in such spanner as the court prescribes. Any
interested pers6p ma request time for filing a response to the
motion for an orde.; fo- the distribution of the proceeds, for
discovery proceedings, in onnection with the motion, or for other
preparation for the Aarin on the motion, and the court shall grant
a continuance for a reasonab time for any of these purposes.
(b) Except as provided in s division (c) , at the hearing on the
motion the court shall determine he issues presented by the motion
and snake an order for the distribu 'on of the proceeds deposited with
the court.
(c) The court shall not determine t issues presented by the
motion and instead shall abate the hearin until the issues presented
by the motion can be determined in a civil tion in the following
cases if:
(1) The court is not the proper court unde\ah r provision of
law for the trial of a civil action with respsubject
shatter of the motion and any interested persoior to the
hearing objects to the determination of the iented by themotion by the court.
(2) A civil action is pending with respectbj t matterof the motion and jurisdiction has been obtaicou inwhich the civil action is pending.
(3) The court determines that the matter setermine in a
civil, action.
hq:// w.leg nfb.ca.govlcgi-bin/wais at ?WAIS oc =84472822 33+1+0+0&WAISeu... 04/4812003