The opinion of the court was delivered by: Honorable George H. Wu United States District Judge
Assigned To: Hon. George H. Wu
ORDER TO SHOW CAUSE WHY ORDER FOR SALE OF DWELLING SHOULD NOT BE MADE [C.C.P. §§ 704.770]
Having considered the Application for Order for Sale of Dwelling and Issuance of Order to Show Cause Why Order for Sale of Dwelling Should Not Be Made (the "Application") filed by plaintiffs and judgment creditors Karina Hernandez and A.H., a minor, by Karina Hernandez, on September 10, 2012, and good cause appearing therefor, the Court hereby grants the Application's request to issue an Order to Show Cause Why Order for Sale Should Not Be Made and set a hearing relating thereto. Accordingly,
IT IS HEREBY ORDERED that defendant and judgment debtor NIVO-1 L.L.C. appear in Courtroom 10 of the United States District Court for the Central District of California, located at the Edward R. Roybal Center & Federal Building, 255 E. Temple Street, Los Angeles, California 90012, on October 22, 2012, at 8:30 a.m., or as soon thereafter as the matter may be heard (the "Hearing"), then and there TO SHOW CAUSE, if any it has, why an Order for Sale of Dwelling should not be made in accordance with the Application and the concurrently-submitted [Proposed] Order for Sale of Dwelling, both of which are to be concurrently served with this Order and pursuant to which the real property commonly known as 2011 Echo Park Avenue, Los Angeles, California 90026 (the "Property") is to be sold pursuant to the Writ of Execution issued on December 15, 2011. The Property is legally described as:
Lot 8 in Block 13 of Elysian Heights Tract, in the City of Los Angeles, County of Los Angeles, State of California, as per map recorded in Book 59, Page 2 of Miscellaneous Records, in the Office of the County Recorder of said County.
Assessor's Parcel Number (APN): 5420-021-019
IT IS HEREBY FURTHER ORDERED that, pursuant to Section 704.770(b)(1) of the California Code of Civil Procedure, not later than thirty (30) days before the time set for the Hearing, Plaintiffs shall serve on all parties a copy of this Order, a copy of the Application, a copy of the [Proposed] Order for Sale of Dwelling, and a copy of the notice of the hearing in the form prescribed by the Judicial Council. Service shall be made personally or by mail.
IT IS HEREBY FURTHER ORDERED that, pursuant to Section 704.770(b)(2) of the California Code of Civil Procedure, not later than thirty (30) days before the time set for the Hearing, Plaintiffs shall personally serve on an occupant of the Property, a copy of this Order, a copy of the Application, a copy of the [Proposed] Order for Sale of Dwelling, and a copy of the notice of the hearing in the form prescribed by the Judicial Council. If no occupant is present at the time service is attempted, Plaintiffs shall post a copy of each document in a conspicuous place at the Property.
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