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HomeMy WebLinkAboutMARTHA ZAPIEN VS ORANGE COUNTY SUPERIOR COURTACCOMMODATION RECORDING RECORDING REQUESTED BY FIDELITY NATIONAL TITLE INS. WHEN RECORDED MAIL TO: Sonia R Carvalho 20 Civic Center Plaza PO Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111III 1I111111I111111111111111111111I111111111111IIIIIII 10.00 + $ R 0 0 1 3 6 2 7 7 3 2 8 2022000117791 8:00 am 03128122 90 SCSA A03 3 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Acknowledgment of Satisfaction of Judgment THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Sonia-R. Carvalho, Esq.. SBN: 162700, City Attorney Laura A. Rossini, Esq,, SBN: 223471, Chief Asst. City Atty. CITY OF SANTA ANA 20 Civic Center Plaza, M-29, P.O, Box 1988 Santa Ana, CA 92702 TEL NO.: (714) 647-5201 FAX No. (optloom): (714) 647-6515 E-MAIL ADDRESS lopilor e); 0 IGNEE ATTORNEY O JUDGENT CREDITOR O OFSRECORD SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 700 CIVIC Center Drive. West MAILING ADDRESS: 700 CIVIC Center Drive West CITY AND ZIP CODE: Santa Ana, CA 92701 BRANCH NAME: Central Justice Center FORRECORDER'S ORSECRETARYOFSTATE'S USE ONLY PLAINTIFF: MARTHA ZAPIEN, at al. CASE NUMBER: DEFENDANT: THE CITY OF SANTA ANA, at al. AND RELATED CROSS -ACTION 30-2017-00952971-CU-BC-CJC ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT FOR COURT USE ONLY 0 FULL = PARTIAL 0 MATURED INSTALLMENT 1, Satisfaction of the judgment Is acknowledged as follows: a. [fix Full satisfaction (1) rx Judgment is satisfied in full. (2) = The judgment creditor has accepted payment or performance other than that specified In the Judgment in full satisfaction of the judgment. b. Partial satisfaction The amount received in partial satisfaction of the judgment is $ c. 0 Matured installment All matured installments under the installment judgment have been satisfied as of (date): 2. Full name and address of judgment creditor:" City of Santa Ana, 20 Civil Center Plaza, M-29, Post Office Box 1988, Santa Ana, CA 92702 3, Full name and address of assignee of record, if any: 4. Full name and address of judgment debtor being fully or partially released:* Martha A. Zapien, Jonathan Zapien individually and as Trustee of SA INTERVIVOS TRUST, 427 W, Jonquil Road, Santa Ana, CA 92706 5, a. Judgment entered on (date): June 29, 2021 b. = Renewal entered on (date): 6. F—X� An [ abstract of judgment = certified copy of the judgment has been recorded as follows (complete all information for each county where recorded): COUNTY DATE OF RECORDING INSTRUMENT NUMBER Orange County August 11, 2021 2021000507898 7. = A notice of judgment lien has been filed in the office of the Secretary of State as file number (specify): NOTICE TO JUDGMENT DEBTOR: If this is an acknowledgment of full satisfaction ofjudgment, it will have to be recorded in each county shown in item 6 above, if any, in order to release the judgment lien. and will have to be filed in the office of the Secretary of State to terminate any judgment lien on personal property. Date: March,, 2022 'GN�JUDGMENT CREDITOR OR ASSIGNEE OF CREDITOR OR ATTORNEY") 'The names of theJudgmenl creditor and judgment debtor must be staled as shown In any Abstract of Judgment which was recorded and is being released by [his satisfaction. " A separate notary acknowledgment must be attached for each signature. Form Approved for Optional Use ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT Page 1 oft Judicial Council. of California Code of Civil Procedure. §g 724.060. EJ-100 lRev. July 1, 2Or41 724420,724250 `��1,11"ill GE NOT FINU 3ED O Cft �I, \ Return FULLY EXECUTED � WORK MAY PRIAM ��✓d '� iJ' ' ' copy to COTC, M-30 EJ-100 A-2020-267 Sonia R. Carvalho, Esq., SBN: 162700, City Attorney Laura A. Rossini, Esq., SBN: 223471, Chief Asst. City Atty. CITY OF SANTA ANA 20 Civic Center Plaza, M-29, P.O. Box 1988 Santa Ana, CA 92702 TEL NO.: (714) 647-5201 FAX No. (optional): (714) 647-6515 E-MAIL ADDRESS (Optional): ATTORNEY F_X_1 JUDGMENT = ASSIGNEE FOR CREDITOR OF RECORD SUPERIOR COURT OF CAUFORNIA, COUNTY OF ORANGE STREETADDRESS: 700 CIVIC Center Drive West MAILING ADDRESS: 700 CIVIC Center Drive West CITYAND ZIP CODE: Santa Ana, CA 92701 BRANCH NAME: Central Justice Center PL4INTIFF: MARTHA ZAPIEN, et al. 1 FOR RECORDER'S OR SECRETARY OF STATES USE ONLY THE CITY OF SANTA ANA. at al. AND RELATED CROSS -ACTION ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT Ox FULL = PARTIAL 0 MATURED INSTALLMENT CASE NUMBER: 30-2017-00952971-CU-BC-CJC FOR COURT USEONLY 1. Satisfaction of the judgment is acknowledged as follows: a. Ox Full satisfaction (1) Ox Judgment is satisfied in full. (2) 0 Thejudgment creditor has accepted payment or performance other than that specified in the judgment in full satisfaction of the judgment. b. Partial satisfaction The amount received in partial satisfaction of the judgment is $ c. Matured installment All matured installments underthe installment judgment have been satisfied as of (date): 2. Full name and address of judgment creditor:* City of Santa Ana, 20 Civil Center Plaza, M-29, Post Office Box 1988, Santa Ana, CA 92702 3. Full name and address of assignee of record, if any: 4. Full name and address of judgment debtor being fully or partially released:* Martha A. Zapien, Jonathan Zapien individually and as Trustee of SA INTERVIVOS TRUST, SA INTERVIVOS TRUST 427 W. Jonquil Road, Santa Ana, CA 92706 5. a. Judgment entered on (date): June 29, 2021 b. 0 Renewal entered on (date): 6. 0 An abstract of judgment 0 certified copy of the judgment has been recorded as follows (complete all information for each county where recorded): COUNTY DATE OF RECORDING INSTRUMENT NUMBER Orange County August 11, 2021 2021000507898 7. 0 A notice of judgment lien has been filed in the office of the Secretary of State as file number (specify): NOTICE TO JUDGMENT DEBTOR: If this is an acknowledgment of full satisfaction of judgment, it will have to be recorded in each county shown in item 6 above, if any, in order to release the judgment lien, and will have to be filed in the office of the Secretary of State to terminate any judgment lien on personal property. Date: October 8, 2021 (SIGNATURE OFJUDGMENT CREDIT SSIGNEE OF CREDITOR OR ATTORNEY') The names of Iheludgment creditor and Judgment debtor must be stated as shown in any Abstract of Judgment which was recorded and is being released by this satisfaction. "A separate notary acknowledgment must be attached for each signature. Form Approved for Optional Use ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT Page l of Judicial Council of California Code of Civil Procedure, 724.060, EJ-000IRBV. July 1, 20141 ]24.72020, T24.250 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On October 12, 2021 before me Yesenia Cruz, Notary Public (insert name and title of the officer) personally appeared Kristine Ridge, who proved to me on the basis of satisfactory evidence to be the personXwhose name1,,4 is /0 subscribed to the within instrument and acknowledged to me that Wshe/tWy executed the same in his/her/tVir authorized capacity()e6), and that by -A/her/t it signaturexon the instrument the perso!,W, or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YESERA CRUZ Notary Public • California Orange County Commission2243542, My Comm. Expiress May 21212022 (Seal) s ECORD[NG REQUESTED BY N.M.., Laura Rossini, Esq. WHEN ACCORDED MAIL TO: NAME: Laura Rossini; Esq., City of Santa Ana ADDRESS: City Attys. Ofc., Post Office Box 1988 C,W,STATR,z,p, Santa Ana, CA 92702 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111111111Jill II1111111 NO FEE * $ R 0 0 1 3 0 7 2 8 4 4 $* ZU210005078981:42 pm 08111121 214 414A A03 8 0.00 0.00 0.00 0.00 21.00 0.00 0,000,000.00 0.00 ABOVE ABSTRACT OF JUDGMENT - CIVIL (DOCUMENT TITLE) Exempt from Recording Fees (Government Code Section 27383) SEPARATE PAGE, PURSUANT TO CA, GOV'T. CODE 27361.6 IT TP Nr lip Sonia R. Carvalho, Esq., SBN: 162700, City Attorney Laura A. Rossini, Esq., SBN: 223471, Chief ABEL City Ally. CITY OF SANTA ANA 20 Civic Center Plaza, M-29, P.D. Box 1988 Santa Ana, CA 92702 TEL Not (714) 647-5201 FAX No. (oplionall: (714) 647-6515 EMAIL ADDRESS IOplioaa0: IfosSinl@aanta-ana,org ASSIGNEE FOR RNEY CREDITOR JUDGENT O OF REC RD IR COURT OF CALIFORNIA, COUNTY OF ORANGE ADDRESS: 700 Civic Center Drive West AODREss: 700 Civic Center Drive West zip CODE: Santa Ana, CA 92701 NAME: Central Justice Center PLAINTIFF: MARTHA ZAPIEN, at al. DEFENDANT: THE CITY OF SANTA ANA, et al. AND RELATED CROSS -ACTION ABSTRACT OF JUDGMENT —CIVIL AND SMALL CLAIMS Amended The F-R-j judgment creditor 0 assignee of record applies for an abstract of judgment and represents the following: a. Judgment debtor's Name and last known address Martha A. Zapien 427 W Jonquil Road Santa i ...Ana, CA 9270E b. Driver's license no. (last4 digits] and state: CA 1651 Unknown a Social security no. [last 4 digits]: 0 Unknown FOR RECORDER'S USE ONLY CASE NUMBER: 30-2017.00952971-CU-BC-CJ C FOR COURT USE ONLY Code § 68150(f), the Clerk of the Court hereby certifies this document accurately reflectsthe official court record,The Ole ctronicsignature and seal on this document have the same validity and legal force and effect as an original clerk's signature and court seal. California Government Code § 68150(g). d. Summons or notice of entry of sister -state judgment was personally served or malted to (name and address): 2. 0 Information on additional judgment debtors is 4. 0 Information on additional judgment creditors is shown on page 2. shown on page 2. 3. Judgment creditor (name and address).: 5. 0 Original abstract recorded in this county: City of Santa Ana, 20 Civic Center Plaza, M-29, Post Office Box 1988, Santa Ana, CA 92702 a. Date: b. Instrument No.: Date: August 4, 2021 Laura A. Rossini, Esq.yu�, (TYPE OR PRINT NAME) (SIGNATURE OFAPPLICANT ORATTORNEY) 6. Total amount of judgment as entered or last renewed: 10. 0 An = execution Ilen © attachment lien $100,000.00 Is endorsed on the judgment as follows: 7. All judgment creditors and debtors are listed on this abstract. 8. a. Judgment entered on (date): June 29, 2021 b. Renewal entered on (date): 9. 0 This judgment is an installmentjudgment. Jud,dal Council of Colifam EJ-001(Rev. JOY 1, 20141 a. Amount: $ b. in favor of (name and address): 11. A stay of enforcement has a. EK] not been ordered by the court. b. 0 been ordered by the court effective until (date): David H Yamasakl, Cla,k o1 the Cow 12. a. Qx I certify that this is a true and correct abstract of the judgment entered in this action. =abstractn (date) b, Acertfed copy of the judgment is attached. clerk, by " Omar Saldivar Deputy AND SMALL CLAIMS code of Civil PLAINTIFF: MARTHA ZAP EN. et al. COURT CASE No.. DEFENDANT: THE CITY OF SANTA ANA, at al. AND RELATED CROSS -ACTION 30-2017-00962971-CU-BC-CJC NAMES AND ADDRESSES OF ADDITIONAL JUDGMENT CREDITORS: 13. Judgment creditor (name and address): 14. Judgment creditor (name and address): 16. 0 Continued on Attachment 15. INFORMATION ON ADDITIONAL JUDGMENT DEBTORS: 16. Name and last known address Jonathan Zapien, trustee of SA INTERVIVOS TRUS7 1 427 W. Jonquil Road Santa Ana, CA 92708 LDriver's license no. [last 4 digits] and state: 0 Unknown Social security no. [last 4 digits]: F—x I Unknown Summons was personally served at or mailed to (address): 18. Name and last known address �SA'INTERVIVOS TRUST 427 W. Jonquil Road I Santa Ana, CA 92706 I[Driver's license no. [last 4 digits] and state: �]x` Unknown Social security no. [last 4 digits]: 0 Unknown Summons was personally served at or mailed to (address): 20. = Continued on Attachment 20, 17. Name and last known address 7onathan Zapien, an individual 427 W. Jonquil Road Santa Ana, CA 92706 Driver's license no. [last 4 digits] and state: 0 Unknown Social security no. [last 4 digits]: 0 Unknown Summons was personally served at or mailed to (address): 19. F Name and last known address L Driver's license no. [last 4 digits] and state: = Unknown Social security no. [last 4 digits]: = Unknown Summons was personally served at or mailed to (address).: EJ.om [Rev. Jury 1, 2014] ABSTRACT OF JUDGMENT —CIVIL Rage 2 or2 AND SMALL CLAIMS EI 4ronloally Recelved by Superior Court of California, County of Orange, 06117/202'1 02:50:00 PM. 30.2017-00. '2971-CU-BC-CJC - ROA # 259 - DAVID FI, YAMASAM, Clerk of the Court By Anh Deng, Deputy Clerk. SONIA R, CARVALI-IO (SEN 162700) CITY ATTORNEY LAURA A, ROSSINI (SBN 223471) CHIEF ASSISTANT CITY ATTORNEY CITY OF SANTA ANA 20 CIVIC CENTER PLAZA 9-29 P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 TELEPHONE; 714 647-5201 FACSIMILE: (714 647-6515 7 I I Attorneys for Defendants and Cross -Complainant Exempt from f ling fees pper Government Code § 6% fn@0:� RI, Clark ofl� M W, SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER 10 MARTHA ZAPIEN, TECHNOLOGIC ) 11 INSTITUTE OF SOUTHERN CALIFORNIA ) INC. ) 12 Plaintiffs, ) 13 vs. ) 14 TIE3 CI-PY OF SANTA ANA, a California ) Charter City; YVETTE PORTUGAL, JOSE ) 15 DE SOTO, POLICE SARGEANT RICHARD ) IG WEBER, POLICE C'PL. ANTHONY ) BERTAGNA, VACANT PROPERTY ) 17 SECURITYLLC, a Delaware Limited Liability) Company registered to do business in and ) 18 doing business in the State of California, ) 19 ROBE.RT WELLS, NAVID NOURIFARD, r 20 ) Defendants ) 21� THE CITY OF SANTA ANA, a California 22 ) Charter City, ) 23 Cross -Complainant ) 24 vs ) MARTHA ZAPIEN; TECHNOLOGIC 25 ) INSTITUTE OF SOUTHERN CALIFORNIA ) INC., DBA CALIFORNIA PREMIERE 2( COLLEGE, INC.; JONATI-IAN ZAPIEN; SA 27 INTER VIVOS TRUST; ", ) ..__ 28 Cross -Defendants, Case No:30-2017-00952971-CU-BC-CJC ASSIGNED FOR ALL PURPOSES TO JUDGE DAVID A. HOFFER IN DEPARTMENT C42 Data Action Fited: November 15, 2017 CROSS -COMPLAINT CNT ON THE I M"POWUbj JUDGbfCNT ON THE CROSS -COMPLAINT l0 11 12 13 14 I5 16 17 8 19 20 21 22 23 24 25 26 27 28 Cross -Defendants MARTHA ZAPIEN; JONATHAN ZAPIEN, both individually and in his capacity as Trustee for SA INTER VIVOS TRUST; and TECHNOLOGIC INSTITUTE OF SOUTHERN CALIFORNIA INC, DBA CALIFORNIA PREMIER COLLEGE INC, ("CROSS- DEFENDATS") and Cross -Complainant CITY OF SANTA ANA ("CITY")(Colteeively referred to as the. "Parties"), by and through their respective counsel, have stipulated as follows: WHEREAS, the Parties have executed a settlement agreement applicable to both the oomptaint and the cross -complaint to finally resolve all claims in this matter; WHEREAS, Pursuant to the settlement agreement between the Patties, the Parties have agreed that judgment on the cross -complaint will be entered in favor of Cross -Complainant CITY and against CROSS -DEFENDANTS, MARTHA ZAPIEN, JONATHAN ZAPIEN, as an individual and as Trustee of SA tNTERVIVOS TRUST, and TECHNOLOGIC INSTITUTE OF SOUTIERN CALIFORNIA INC, DBA CALIFORNIA PREMIER COLLEGE INC, in the amount of one hundred thousand dollars and zero cents ($100,000,00); WHEREAS Cross -Defendants understand that it is the intention of the Parties that such Judgment be recorded by way of an abstract of Judgment resulting in a Judgment Lien on the Property owned by one or more of the Cross -Defendants pursuant to the terms of the settlement agrcornont between the Parties; WHEREAS the Parties agree that if Cross -Defendants timely make payments totaling fifty thousand dollars and zero cents ($50,000) to the CITY pursuant to the terms of the settlement agreement between the parties, the City will release the Judgment Lien as specified in the settlement agreement; and WHEREAS the Parties agree that all claims for costs and attorneys' fees will be bore by the respective parties except as outlined in the settlement agreement between the Parties. IT IS HEREBY ADJUDICATED, ORDERED AND DECREED that; Judgment is entered on the Cross -Complaint in favor of Cross -Complainant CITY OF SANTA ANA and against Cross -Defendants MARTHA ZAPIEN; JONATHAN ZAPIEN, individually and as Trustee of SA INTERVIVOS TRUST; and TECHNOLOGIC INSTITUTE OF SOUTHERN CALIFORNIA INC. DBA CALIFORNIA PREMIER COLLEGE INC., jointly and severally, in the amount of one hundred thousand dollars and zero cents ($100,000.00); .e l JUDGMENT ON THE CROSS -COMPLAINT 15 10 17 1 I'J 20 21 22 23 I24 25 2 (, 27 2y 2. If Cross -Defendants timely make payments totaling fifty thousand dollars (S5O,000) to the CITY pursuant to the terms of the settlement agreement the City will release the Judgment Lien as specified in (lie settlement agreement; and 3. Pursuant to Code of Civil Procedure Section 664.6, this Court will maintain jurisdiction of this matter for two years from the date this Judgment is entered for the purpose of enforcing the terms of the settlement agreement between the Parties. r � Dated: • _ 1 JUDGE DAVID A. H0F vq }RWaRWgDj JUDGMENT ON THE CROSS -COMPLAINT to 12 13 14 15 IG 17 18 19 20 21 22 23 24 25 26 27 2$ PROOF OF SERVICE (C.C,P, SECTION 1013(a), 2015,5) Martha 7.apten v. Qv gfSanta Ana, at al„ and related Crass-ac8on OCSC Case Number; 30-2017-00952971 I am employed in the County of Orange, State of California. I am over the age of 18 years and not a party to the within action, My business address is City of Santa Ana, City Attorneys' Office, 20 Civic Center Plaza, M-29, Post Office Box 1988, Santa Ana, CA 92701, On dune 17, 2021, I served the foregoing document descried as: [PROPOSED) XUDGMENT ON TEX CROSS -COMPLAINT, on the interested parties in this action: SEE ATTACHED SERVICE LIST © BY REGULAR MAIL; I deposited such envelope in the mail at 20 Civic Center Plaza, 7a' Floor, Santa. Ana, California 9270L The envelope was mailed with postage thereon filly prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing, It is deposited with the U.S. Postal Set -vice. on that same clay in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. BY TFIE ACT OF, RING OR SERVICE, THAT THE DOCUMENT WAS PRODUCED ON PAPER PURCFIASED AS RECYCLED pp ONLY BY ELECTRONIC TRANSMISSION. Only by e-mai.ling tine document(s) to the persons at the e-mail addresses) listed based on notice previously provided by email, that, crating the Coronavirris (COVID-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail, No electronic message or other indication that dig transmission was unsuccessful was received within -,treasonable three after the transmission ❑ BY FACSIMILE MACHINE: I Tole -Faxed a copy of the original document to the above facsimile numbers, CI BY PERSONAL SERVICE: I caused such envelopes) to be delivered by hand to the above addressoe(s).. M I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 17, 2021, at Santa Ana, California. OF SERVICE St. Clair stC&14, 1 2 3 4 5 6 7 8 9 [0 !i L2 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 29