San Bernardino — Notice of Sale

Source: https://wp.sbcounty.gov/sheriff/wp-content/uploads/sites/17/25.6542-SALE-8.19.pdf

Sparse pages use OCR; original PDF remains authoritative.

. * NOTICE OF SHERIFF'S SALE OF REAL PROPERTY (NON-FORECLOSURE) CCP 701.540 Court Case #: CIVSB2300696 Sheriff's File Levy # 25006542 Date: 06/11/2025 In Favor of: THE HEIGHTS AT HAVEN VIEW ESTATES And against: TITO Y. JOHNSON, AN INDIVIDUAL AND TRUSTEE, ET AL. Under a WRIT OF SALE issued by the Superior Court, County of San Bernardino, State of California on 02/26/2025 on a judgment rendered on 07/22/2022 for the sum of $63,631.81, | have levied upon all the right, title, claim and interest of the judgment debtor(s) TITO Y. JOHNSON, AN INDIVIDUAL AND TRUSTEE, ET AL in the real property, in the county of San Bernardino, described as follows: Physical Address: +4962 BUCKSKIN COURT RANCHO CUCAMONGA CA 91737 APN(s): 1074-621-04 Legal Description: 4962 BUCKSKIN COURT RANCHO CUCAMONGA, CA 91737. APN # 1074-621-04. SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION. PROSPECTIVE BIDDERS SHOULD REFER TO SECTIONS 701.510 TO 701.680 INCLUSIVE OF THE CODE OF CIVIL PROCEDURES FOR PROVISIONS GOVERNING THE TERMS, CONDITIONS AND EFFECT OF THE SALE AND THE LIABILITY OF DEFAULTING BIDDERS. (CCP 701.547) PUBLIC NOTICE IS HEREBY GIVEN that | will proceed to sell at public auction to the highest bidder, for cash in lawful money of the United States, all the right, title, claim and interest of said judgment debtor(s) in the above described property, or so much thereof as may be necessary to satisfy said judgment, with accrued interest and costs on: Date and Time of Sale: 08/04/2025 at 9:00 am at the following location: San Bernardino County Superior Court 351 N Arrowhead Avenue San Bernadino, CA 92415-0245 Directions to property location may be obtained from the levying officer upon written or oral request. SHANNON D. DICUS, Sheriff By: VW/C4LALTCE CR rfaan, Sheriff's Authorized Agent LIENS MAY BE PRESENT WHICH MAY OR MAY NOT SURVIVE THIS LEVY

SAN BERNARDINO SHANNON D. DICUS, SHERIFF-CORONER 10. Terms and Conditions of a Sheriff's Sale If you are the winning bidder, you must be prepared to pay in cash, certified check, or cashier's check. Personal checks, company checks, traveler's checks, or money orders are not acceptable (CCP 701.590(a)). If you pay by certified check or cashier's check, the check must be payable to Sheriff's 5 1 8 1 1 17 1318 547 66 21 96.707207 Court 4 1 8 1 2 0 242 579 1124 31 -1 5 1 8 1 2 1 242 584 120 22 95.958580 Services. You may not endorse a check payable to you or anyone else over to the Sheriffs Department. The winning bidder must be prepared to pay the full amount at the time of sale when: a) The bid amount on real property is $5,000.00 or less, or, b) The bid amount on personal property is $2,500.00 or less. If the winning bid for an interest in the real property exceeds $5,000.00, the bidder shall deposit at least $5,000.00 or 10% of the bid, whichever is greater; and within 10 days after the date of sale, pay the balance plus interest on the balance and costs accruing related to the sale. If the winning bid for an item, group, or a lot of personal property sold exceeds $2,500.00, the winning bidder shall deposit at least $2,500.00 or 10% of the bid, whichever is greater; and within 10 days after the date of the sale, pay the balance plus interest on the balance and costs accruing related to the sale. The winning bidder is also responsible for transfer taxes and fees. The winning bidder is not entitled to possession of the property until the bid, plus costs and interest, have been paid. if the winning bidder does not pay the bid amount as prescribed above, they will forfeit their deposit (CCP 701.590, 701.600). The judgment creditor may bid against all or part of the judgment. Unpaid levying costs, preferred labor claims, exempt proceeds, and any other claims required to be satisfied shall be paid in cash or by certified check or cashier's check (CCP 701.590). If a minimum is required and not received, provisions of CCP 701.620 will apply. Prospective bidders should refer to CCP 701.600(c) regarding the liability of defaulting bidders. Any person may bid on and purchase property at a Sheriff's Sale except employees of the San Bernardino County Sheriffs Department and their immediate families. All bidders shall say how they intend to pay for the property and show evidence of their ability to pay. We do this for the benefit of all bidders. The winning bidder shall be prepared to do business immediately. The auctioneer will not wait while you go to the bank for money. San Bernardino County Sheriffs Department Court Services Division « Civil Enforcement Unit 157 West 5th Street 3rd Floor e San Bernardino, CA 92415-0480 (909) 387-5700 » (909) 387-5630 FAX « civildocs@sbesd.org

Terms and Conditions of a Sheriff's Sale (continued) Sales Subject to the Right of Redemption The Right of Redemption applies only to real property. When an interest in real property is sold subject to the Right of Redemption, it means that the debtor, whose interest in the property is being sold, will have a certain amount of time to redeem or buy back their property interest. The purchaser will be issued a Certificate of Sale, and a duplicated copy of the certificate will be recorded (CCP 729.040). This certificate does not constitute a transfer of title but grants the purchaser specific rights (CCP 729.090). The redemption period will depend on the selling price as follows (CCP 709.030): A. 3 months after the sale date if the sale proceeds are sufficient to satisfy the secured indebtedness with interest and costs. B. 1 year after the sale date if the sale proceeds are not sufficient to satisfy the secured indebtedness with interest and costs. The redemption price is the total of the following: a) The purchase price at the time of the sale. b) The amount of any assessments or taxes and reasonable amounts for fire insurance, upkeep, and repair or improvements on the property. c) Any amount paid by the purchaser on a prior obligation secured by the property to the extent that the payment was necessary to protect the purchaser's interest. d) Interest on the amounts described above from the time such amounts were paid and until the deposit date. e) Ifthe purchaser has any liens subordinate to the lien under which the property was sold, the amount of the purchaser's lien, plus interest from the sale date to the deposit date. Rents and profits from the property paid to the purchaser or the value of the property's use and occupation to the purchaser may be offset against the amounts described above (CCP 729.060). Disputes related to the right to redeem the property shall be resolved in court. The petitioner must petition the court before the redemption period expires. The petitioner must supply our office with the written notice of the hearing (CCP 729.070). Refer to sections within CCP 729.010 for more information concerning the redemption process. San Bernardino County Sheriffs Department Court Services Division Civil Enforcement Unit 157 West 5th Street 3rd Floor e San Bernardino, CA 92415-0480 (909) 387-5700 (909) 387-5630 FAX ¢ civildocs@sbesd.org

Cxa SALE (EX] Real Property Unlimited Civil Case [isORNEY OR PAR YumTHOUTATTOANEY «STATE BARNS 281329 a 4 [awe DANIEL MEDIONI —_— : same. WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP ascxess 11400 West Olympic Boulevard, 9th Floor | i27” Los Angeles ave. CA =: PCIE 90064-1582 E.CPHENE 3D (310) 478-4100 FANS (310) 479-1422 [rMAn ADDRESS dmedioni@éwrslawyers.com | | ATTORNEY FOR ‘osme} The Heights at Haven View Estates |

| TX] atroenev ror Cx). ORS NAL IDGMENT CREO OR C7] +s x |

SUPERIOR COURT OF CALIFORNIA, COUNTY OF oF SAN BERNARDINO | etrest anseess 247 West Third Street i

| eeuna sores 247 West Third Street | i

'o-v ayo zip cone San Bernardino, 92415-0210 { | skancn nave San Bernardino District - Civil Division bS ese gene Se j's | PLAINTFF/PETITIONER: THE HEIGHTS AT HAVEN VIEW ESTATES CASE MER ~ |

| DEFENDANTIRESPONDENT:TITO Y. JOHNSON, AN INDIVIDUAL AND TRUSTEE, etat |CIVSB2300696 |

\ } EXECUTION (Money Judgment) KG Limited Civil Case IWRIT OF [-—] POSSESSION OF —[—] Personal Property {including Small Claims) H i i {including Family and Probate) To the Sheriff or Marshal of the County of:San Bemardino You are directed to enforce the iudgment described below with daily interest and your costs as provided by law. wn {Name).The Heights at Haven View Estates To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040 isthe [3X] original judgment creditor [7] assignee of record whose address is shown on this form above the court's name 4 Judgment debtor (name. type of legalentity ifnota 9. [X) writ of Possession/Writ of Sate information on next page natural person, and last known address) 10 [77] This writ is issued on a sister-state judgment. rc —— For items 1117, see form MC-012 and form MC-013-4INFO. : 41. Total judgment (as entered or renewed) $ 44,671.26 i ; = Tito ¥, Johnson, an individual and Trustee of the 12. Costs aftar judgment (CCP 685.090) s 10,827.75 Johnson Family Trust 43. Subtotal (add 11 and 12) S$ 55,499.01 4926 Buckskin Court _ vant ae 4, $ .00 Rancho Cucamonga, CA 91737 4 14. Credits to principal (after credit to interest) 0.00 ["X] Additional judgment debtors on next page 15. Principal remaining due (subtract 14 from 19) $__ 55,499.01. 16 Accrued interest remaining due per $ 8,092.80 5. Judgment entered on (date) 114113 CCP 685.050(b) (not on GC 6103 5 fees) (See type of judgment in item 22.) 47. Fee tor issuance of writ (per GC 70626(a)(I)) $ 40.00 6. ([X] Judgment renewed on (dates): 7/22/22 18. Total amount due :add 15, 18, and 17) $63.63 8 19. Levying officer: = 7 . a, Add daily interest from date of writ (at ¥ Notice of sale under this writ the legal rate on 15) not on a. [_j has not been requested. GC 61035 fees) . s 15.20

. [X™ has been requested (see next page). b. Pay directly to court costs included | in a } Joint debtor information on next page. +41 and 17 (GC 6102.5, 68637 ——————— CCP 699.520()) .......--. $ 0.00 “SEY a \ 20. The amounts calied for in items 3 Attachment 20. : FEB 2 6 2025 C 11-19 are different for each debtor. These amounts are stated for each debter on Fi Patrick B. Pierson Data: Cierk, by -_. Deputy Page‘ ofS Eom Approved ict Grioraltee WRIT OF EXECUTION Cote at Git Proeedere 9G 892 $29. 792.649 wow sould ¢&. 94 Westlaw Doc & Form Builder

Plaintiff/Petitioner THE HEIGHTS AT HAVEN VIEW ESTATES Tease nuwacr ' Defendant/RespondentTITO Y. JOHNSON, AN INDIVIDUAL AND TRUSTEE, et al (CIVSB2300696 21. (X] Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):

| Bloisa M. Johnson, an individual and Trustee of the i | |

Johnson Family Trust | 4962 Buckskin Court

| Rancho Cucamongs, CA 91737 | |

\ ad | _ —! 22. The judgment is for (check one): a. [__] wages owed b. __) child support or spousal support. ce. [X] other. 23. [XJ Notice of sale has been requested by (name and address): ¢ Heights at Haven View Estates | t c/o Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP 11400 West Olympic Blvd., 9th Fl.

|Los Angeles, CA 90064 | ;

i

| |

Li 24.{__] Joint debtor was declared bound by the judgment (CCP 989-994) a. on (date): a. on (date): b. name, type of legal entity if not a natural person, and b. name, type of legal entity if not a natura! person, and last known address of joint debtor: last known address of joint debtor: [~ | Of | tot _ c. [7] Additional costs against certain joint debtors are itemized: | _J below { on Attachment 24c 25. [3X] (Writ of Possession of Writ of Sale) Judgment was entered for the follawing: a [__] Possession of real property: The compiaint was filed on (date): (Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.) (1) ] The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The judgment includes all tenants, subtenants, named claimarts, and other occupants of the premises. (2) [7] The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46. (3) [7] The unlamtul detainer resulted from a foreclosure sate of a rental housing unit. (An occupant not named in the judgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returns to effect eviction, regardiess of whether a Prejudgment Claim of Right to Possession was served.) (See COP 415,46 and 1174.3(a)(2).) (4) If the unlawful detainer resulted from a foreclosure {item 25a(3)}, or if the Prejudgment Claim of Right to Possession was not served in compliance with CCP 415.46 {item 25a(2)}, answer the following: (a) The daily rental value on the date the complaint was filedwas $ (b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify): tem 25 continued on next page £.-120 [Rev Septeveer ', 2020) WRIT OF EXECUTION Page 2083

EJ-130 Plaintiff/Petitioner THE HEIGHTS AT HAVEN VIEW ESTATES | CASE NUMBER: Defendant/Respondent:TITO Y. JOHNSON, AN INDIVIDUAL AND TRUSTEE, et al |CIVSB2300696 25.b, [[] Possession of personal property. (] If delivery cannot be had, then for the value (ilemize in 25a) specified in the judgment or supplemental order. (] Sale of personal property. d (X] Sale of real property. €, The property is described {[] betow on Attachment 25e. Lot 9 of Tract 14771, as shown on the applicable recorded Tract Map in the records of San Bemardino County, California and more particularly described in that certain grant Deed recorded in the San Bernardino County Recorder's office on April 7, 2008, as instrument number 2008-0151721, which is commonly known as 4926 Buckskin Court Rancho Cucamonga, California 91737.

| - NOTICE TO PERSON SERVED

‘WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy (form EJ-150). | WRIT OF POSSESSION OF PERSONAL PROPERTY. If the levying officer is nat able to take custody of the property, the levying (Officer will demand that you turn over the property, If custody is not obtained following demand, the judgment may be enforced as a money judgment for the value of the property specified in the judgment or in a supplemental order. WRIT OF POSSESSION OF REAL PROPERTY. If the premises are not vacated within five days after the date of service on the voccupant or, if service is by posting, within five days after service on you, the levying officer will remove the occupants from the real property and place the judgment creditor in possession of the property. Except for a mobile home, personal property remaining on the ‘premises will be sold or otherwise disposed of in accordance with CCP 1174 unless you or the owner of the property pays the juagment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time ine judgment creditor takes possession of the premises. EXCEPTION if RENTAL HOUSING UNIT WAS FORECLOSED. If the residential property that you are renting was soldin a foreclosure, you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year, you | may remain in the property until the term is up. If you have a periodic lease or tenancy, such as from month-to-month, you may remain ‘in the property for 90 days after receiving a notice to quit. A blark form Claim of Right to Possession and Notice of Hearing (form \CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or levying | officer. | IEXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. If you \were not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case was filed. you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and

|Notice of Hearing (form CP10) and give it to the sheriff or levying officer. A blank form accompanies this writ. You have this nght

whether or not the property you are renting was sold in a foreclosure it — ————— £s-120 [Rev. September * 2020) WRIT OF EXECUTION Eads cea:

1 || RICARDO ROZEN (State Bar No. 2791 ti A L WOLF, RIFKIN, SHAPIRO, SCHULMA & RABKIN, LLP 2] 11400 West Olympic Boulevard 6 floor FILE0-West District eles, California 7 5 1 7 1 4 5 1357 399 20 19 72.183121 ck 4 1 7 1 5 0 316 398 1039 90 -1 5 1 7 1 5 1 316 434 12 23 96.944565 3 5 1 7 1 5 2 356 405 140 64 94.749504 Telephone: 5 1 7 1 5 3 515 419 6 11 53.668476 , 5 1 7 1 5 4 531 429 67 59 25.419245 id 5 1 7 1 5 5 607 428 121 24 96.532585 478-4100 5 1 7 1 5 6 1070 417 38 17 87.372742 San 5 1 7 1 5 7 1118 406 117 26 93.237663 Bernardino 5 1 7 1 5 8 1244 404 72 25 46.150162 Courity 5 1 7 1 5 9 1326 398 29 24 96.768044 Cle 4 1 7 1 6 0 316 457 989 58 -1 5 1 7 1 6 1 316 492 14 23 48.054535 1 5 1 7 1 6 2 356 460 129 25 90.987076 Facsimile: 5 1 7 1 6 3 541 458 47 24 75.538521 (310) 5 1 7 1 6 4 606 457 122 24 93.693199 479-1422 5 1 7 1 6 5 1146 462 46 27 80.974991 FEB 5 1 7 1 6 6 1208 460 36 26 68.084320 01 5 1 7 1 6 7 1258 457 47 28 89.347122 2013 4 1 7 1 7 0 316 519 1078 59 -1 5 1 7 1 7 1 316 551 14 23 88.191147 5 5 1 7 1 7 2 335 526 19 56 88.191147 || 5 1 7 1 7 3 356 550 122 28 82.903175 Attorneys 5 1 7 1 7 4 488 548 37 23 91.273201 for 5 1 7 1 7 5 532 546 108 24 94.930954 Plaintiff 5 1 7 1 7 6 646 546 48 22 94.930954 The 5 1 7 1 7 7 702 544 98 30 91.869591 Heights 5 1 7 1 7 8 809 546 22 21 96.254654 at 5 1 7 1 7 9 839 543 81 23 96.254654 Haven 5 1 7 1 7 10 1112 532 96 35 27.849550 Lite 5 1 7 1 7 11 1226 519 168 50 0.000000 Lienalt 4 1 7 1 8 0 316 555 1079 79 -1 5 1 7 1 8 1 316 610 14 24 35.548241 Z 5 1 7 1 8 2 357 579 67 24 96.435806 View 5 1 7 1 8 3 432 578 87 24 96.953308 Estates 5 1 7 1 8 4 1046 555 25 19 8.510809 oY 5 1 7 1 8 5 1085 570 32 6 21.492428 — 5 1 7 1 8 6 1126 559 85 41 66.552673 STAGEY 5 1 7 1 8 7 1221 559 89 41 82.890968 BRANDT, 5 1 7 1 8 8 1314 563 81 23 95.989738 DEPUTY 4 1 7 1 9 0 316 670 13 23 -1 5 1 7 1 9 1 316 670 13 23 96.716766 7 4 1 7 1 10 0 317 716 985 36 -1 5 1 7 1 10 1 317 728 12 24 94.626755 8 5 1 7 1 10 2 565 722 151 26 96.830643 SUPERIOR 5 1 7 1 10 3 726 720 106 25 96.135826 COURT 5 1 7 1 10 4 840 720 38 24 95.466858 OF 5 1 7 1 10 5 887 719 60 23 96.144707 THE 5 1 7 1 10 6 956 718 97 24 96.103279 STATE 5 1 7 1 10 7 1062 717 40 23 96.103279 OF 5 1 7 1 10 8 1110 716 192 24 95.867661 CALIFORNIA 4 1 7 1 11 0 316 772 1138 38 -1 5 1 7 1 11 1 316 786 14 24 96.150391 9 5 1 7 1 11 2 409 782 129 26 96.257576 COUNTY 5 1 7 1 11 3 548 782 40 24 96.379578 OF 5 1 7 1 11 4 598 781 61 24 96.810944 SAN 5 1 7 1 11 5 667 778 212 28 95.730247 BERNARDINO, 5 1 7 1 11 6 889 776 131 31 96.455643 RANCHO 5 1 7 1 11 7 1030 774 208 25 96.266144 CUCAMONGA 5 1 7 1 11 8 1246 772 208 25 96.389824 COURTHOUSE 4 1 7 1 12 0 316 846 14 22 -1 5 1 7 1 12 1 316 846 14 22 96.125313 0 4 1 7 1 13 0 303 892 969 36 -1 5 1 7 1 13 1 303 905 22 23 87.028870 11 5 1 7 1 13 2 340 892 21 41 87.028870 || 5 1 7 1 13 3 356 902 62 24 95.979530 THE 5 1 7 1 13 4 426 900 132 25 96.222061 HEIGHTS 5 1 7 1 13 5 569 900 42 22 96.260254 AT 5 1 7 1 13 6 619 898 110 24 96.676186 HAVEN 5 1 7 1 13 7 738 896 81 24 96.154648 VIEW 5 1 7 1 13 8 947 894 59 24 96.920090 Case 5 1 7 1 13 9 1014 894 46 22 93.294907 No. 5 1 7 1 13 10 1070 892 202 24 91.127472 CIVRS1204413 4 1 7 1 14 0 358 930 140 29 -1 5 1 7 1 14 1 358 930 140 29 96.228935 ESTATES, 4 1 7 1 15 0 303 950 883 36 -1 5 1 7 1 15 1 303 964 25 22 96.313141 12 5 1 7 1 15 2 947 952 99 24 95.991592 Limited 5 1 7 1 15 3 1054 950 61 25 97.012283 Civil 5 1 7 1 15 4 1125 951 61 23 96.345749 Case 4 1 7 1 16 0 532 985 110 29 -1 5 1 7 1 16 1 532 985 110 29 96.654602 Plaintiff, 4 1 7 1 17 0 303 1006 1136 63 -1 5 1 7 1 17 1 303 1022 25 24 96.911476 13 5 1 7 1 17 2 946 1006 133 63 15.288868 pee 5 1 7 1 17 3 1120 1010 16 28 65.759880 | 5 1 7 1 17 4 1146 1009 115 24 95.399147 ORDER 5 1 7 1 17 5 1271 1008 168 24 96.293175 GRANTING 4 1 7 1 18 0 445 1038 858 34 -1 5 1 7 1 18 1 445 1055 33 17 86.532860 vs. 5 1 7 1 18 2 964 1040 150 24 61.902977 SUMMARY 5 1 7 1 18 3 1122 1038 181 24 95.615746 JUDGMENT 4 1 7 1 19 0 303 1082 27 22 -1 5 1 7 1 19 1 303 1082 27 22 88.860107 14 4 1 7 1 20 0 358 1092 1140 40 -1 5 1 7 1 20 1 358 1107 69 25 88.047081 TITO 5 1 7 1 20 2 437 1107 28 23 66.987038 Y. 5 1 7 1 20 3 475 1104 151 28 92.702194 JOHNSON, 5 1 7 1 20 4 636 1102 239 25 91.019638 ANINDIVIDUAL 5 1 7 1 20 5 910 1085 18 51 90.864403 | 5 1 7 1 20 6 947 1099 93 24 92.802567 DATE: 5 1 7 1 20 7 1084 1098 111 28 39.482502 January 5 1 7 1 20 8 1207 1097 106 29 39.482502 14,2013 5 1 7 1 20 9 1346 1092 19 32 78.903030 5 5 1 7 1 20 10 1403 1100 95 25 14.345074 3... 4 1 7 1 21 0 303 1118 1214 45 -1 5 1 7 1 21 1 303 1140 26 23 81.747917 15 5 1 7 1 21 2 340 1127 24 41 81.747917 || 5 1 7 1 21 3 356 1137 68 25 96.651161 AND 5 1 7 1 21 4 434 1135 138 25 95.842796 TRUSTEE 5 1 7 1 21 5 581 1134 39 24 95.946854 OF 5 1 7 1 21 6 629 1133 61 24 96.218262 THE 5 1 7 1 21 7 698 1131 142 25 96.033005 JOHNSON 5 1 7 1 21 8 946 1129 92 23 87.081665 TIME: 5 1 7 1 21 9 1065 1124 13 37 37.880981 = 5 1 7 1 21 10 1091 1128 56 23 37.880981 8:30 5 1 7 1 21 11 1157 1134 47 16 91.345108 a.m 5 1 7 1 21 12 1342 1132 22 15 74.119400 x 5 1 7 1 21 13 1401 1126 29 22 0.000000 = 5 1 7 1 21 14 1465 1118 52 31 55.590588 os 4 1 7 1 22 0 357 1152 1158 40 -1 5 1 7 1 22 1 357 1165 119 26 96.528549 FAMILY 5 1 7 1 22 2 485 1164 109 28 93.297501 TRUST, 5 1 7 1 22 3 602 1162 111 25 91.086014 ELOISA 5 1 7 1 22 4 722 1162 35 24 91.565277 M. 5 1 7 1 22 5 946 1158 114 24 93.269264 PLACE: 5 1 7 1 22 6 1087 1157 37 24 90.295525 R8 5 1 7 1 22 7 1342 1162 13 14 48.185863 we 5 1 7 1 22 8 1398 1160 28 16 61.539948 Q 5 1 7 1 22 9 1464 1152 51 30 47.915211 2S 4 1 7 1 23 0 303 1178 1210 45 -1 5 1 7 1 23 1 303 1198 27 23 95.530373 16 5 1 7 1 23 2 339 1181 18 49 86.878059 || 5 1 7 1 23 3 357 1194 151 29 91.302078 JOHNSON, 5 1 7 1 23 4 516 1194 46 24 96.833466 AN 5 1 7 1 23 5 571 1192 187 26 96.552490 INDIVIDUAL 5 1 7 1 23 6 767 1191 66 23 96.611694 AND 5 1 7 1 23 7 1312 1182 48 33 60.526688 al 5 1 7 1 23 8 1396 1178 29 32 0.000000 S&S 5 1 7 1 23 9 1461 1182 52

23 0 303 1178 1210 45 -1

5 1 7 1 23 1 303 1198 27 23 95.530373 16 5 1 7 1 23 2 339 1181 18 49 86.878059 || 5 1 7 1 23 3 357 1194 151 29 91.302078 JOHNSON, 5 1 7 1 23 4 516 1194 46 24 96.833466 AN 5 1 7 1 23 5 571 1192 187 26 96.552490 INDIVIDUAL 5 1 7 1 23 6 767 1191 66 23 96.611694 AND 5 1 7 1 23 7 1312 1182 48 33 60.526688 al 5 1 7 1 23 8 1396 1178 29 32 0.000000 S&S 5 1 7 1 23 9 1461 1182 52 32 0.000000 5= 4 1 7 1 24 0 357 1212 1154 38 -1 5 1 7 1 24 1 357 1224 137 26 95.949417 TRUSTEE 5 1 7 1 24 2 503 1223 39 25 95.949417 OF 5 1 7 1 24 3 550 1222 63 25 96.553886 THE 5 1 7 1 24 4 621 1220 144 26 96.479668 JOHNSON 5 1 7 1 24 5 774 1220 118 24 94.202423 FAMILY 5 1 7 1 24 6 906 1214 18 41 94.202423 | 5 1 7 1 24 7 946 1218 60 23 96.706940 Trial 5 1 7 1 24 8 1015 1218 66 22 96.987343 Date: 5 1 7 1 24 9 1156 1216 69 24 96.537880 None 5 1 7 1 24 10 1310 1217 101 25 50.404392 moot 5 1 7 1 24 11 1460 1212 51 25 40.324459 ot 4 1 7 1 25 0 303 1240 1206 42 -1 5 1 7 1 25 1 303 1258 27 22 44.232780 17 5 1 7 1 25 2 337 1244 22 42 44.232780 || 5 1 7 1 25 3 358 1254 105 28 96.465767 TRUST, 5 1 7 1 25 4 473 1254 44 23 96.857246 and 5 1 7 1 25 5 526 1252 81 24 93.305420 DOES 5 1 7 1 25 6 610 1244 11 42 91.002411 } 5 1 7 1 25 7 641 1250 99 30 96.964645 through 5 1 7 1 25 8 749 1250 21 28 92.291405 5, 5 1 7 1 25 9 778 1248 120 29 95.126076 inclusive, 5 1 7 1 25 10 1308 1244 48 36 37.792473 a> 5 1 7 1 25 11 1393 1240 29 14 25.259571 2 5 1 7 1 25 12 1483 1244 26 36 1.068268 g 4 1 7 1 26 0 1308 1272 169 27 -1 5 1 7 1 26 1 1308 1275 46 24 31.178795 te 5 1 7 1 26 2 1458 1272 19 24 42.938683 4 4 1 7 1 27 0 303 1285 1204 61 -1 5 1 7 1 27 1 303 1316 27 23 95.384605 18 5 1 7 1 27 2 532 1291 150 55 96.621201 Defendants. 5 1 7 1 27 3 1306 1294 45 39 62.876904 S 2 =z coc NM FS 19 2 w sm co SB te 20 21 The motion of plaintiff, The Heights at Haven View Estates (hereinafter the 22 ||“Association”) for summary judgment came on for hearing on January 14, 2013, in 23 || Department R8 of the above-entitled court, the Honorable Corl bcer OoCw~e7T 24 || presiding. The Association appeared by Ricardo Rozen of Wolf, Rifkin, Shapiro, 25 || Schulman & Rabkin, LLP. Defendants Tito Y. Johnson and Eloisa M. Johnson, 26 || individuals and Trustees of the Johnson Family Trust Dated (hereinafter “the Johnsons”) 27 || appeared by oO 28 After full consideration of the evidence, and the separate statements of the parties, (PROPOSED) ORDER GRANTING SUMMARY JUDGMENT

oO OD OO Dt DO AR BR YW YY yr NY RH HY NY BH HM KH he He — = — SAID A BON = F&F Gard R aGEDBS XZ and the authorities submitted by counsel, as well as counsel's oral argument, the Court finds that the Association has shown that there is no triable issue of fact as to the entire complaint and that the Association is entitled to summary judgment as a matter of law. Pursuant to California Code of Civil Procedure Section 437c(g), summary judgment is granted for the following reasons: .

1. The Association is the governing body for the Association’s residential complex (the “Complex”) located in Rancho Cucamonga, California. Jennifer Carlton declaration, 2:5-6.
2. A Declaration of Covenants, Conditions & Restrictions (the “CC&Rs”) was established for the Complex and recorded with the San Bemmardino County Recorder’s office on January 10, 2005, bearing instrument number 17824. Jennifer Carlton declaration, 2:8-12; Ex. 1 to Jennifer Carlton declaration.
3. The Complex, and all of the owners of residential units located within the Complex, are governed and controlled by the CC&Rs. The Association, through its Board | of Directors, is authorized to enforce the terms and conditions of the CC&Rs. Jennifer Carlton declaration, 2:14-18; Ex. 1 to Jennifer Carlton declaration. 4, Article 3, Section 3.5a (page 11) of the CC&Rs requires, among other things, that each owner of a unit located within the Complex pay certain assessments. Jennifer Carlton declaration, 2:19-20; Ex. 1 to Jennifer Carlton declaration.
4. Article 3, Section 3.5b (page 18) of the CC&Rs provides, among other things, that the failure by any unit owner to pay assessments creates an assessment lien on that owner’s residential unit. Jennifer Carlton declaration, 2:21-23; Ex. | to Jennifer Carlton declaration.
5. Article 3, Section 3.5a (page 18) of the CC&Rs provides, among other things, that if an action is initiated by the Association to enforce the provisions of the corporate documents relating to assessments; any judgment rendered against the defaulting owners shall include the full amount of the delinquent assessments, costs and expenses in connection therewith, including late charges, interest, all lien, sale and foreclosure fees,
6. =2~ (PROPOSED) ORDER GRANTING SUMMARY JUDGMENT

wo ey DH BR YW KH = oO _—-— Oo OD SB SI DH He F&F WY NY | & iS 22 and reasonable attorney’s fees. Jennifer Carlton declaration, 2:24-3:2; Ex. | to Jennifer Carlton declaration. 7, On or about May 26, 2006, defendants Tito Y. Johnson and Eloisa M. Johnson, as individuals and Trustees of the Johnson Family Trust Dated became the record owners of a residential unit which is Jocated within the Complex, commonly known as 4926 Buckskin Court, Rancho Cucamonga, California 91737. The deeds which show owners of the Unit to the Johnsons were recorded with the San Bernardino County Recorder’s office on May 26, 2006, and April 7, 2008, bearing instrument numbers 2006- 036184 and 2208-0151721. Jennifer Carlton declaration, 3:3-10; Ex. 2 to Jennifer Carlton declaration. 8. Since January 1, 2008, the Johnsons have failed to pay several assessments and other charges, including, but not limited to, late charges, and attorney’s fees, The total amount due excluding attorney’s fees and costs is $14,871.87. Jennifer Carlton declaration, 3:16-18, 4:14-16; Ex. 5 to Jennifer Carlton declaration. 9. As of October 15, 2012, the amount of $14,871.87 is due and owing from the Johnsons. Jennifer Carlton declaration; 4-17; Ex. 5 to Jennifer Carlton declaration. 10. - Prior to the recording of a notice of delinquent assessment, a majority of the Association’s Board of Directors in open session approved a resolution to record a lien. Said resolution was then published in the minutes of the Board of Directors’ meetings. Jennifer Carlton declaration, 3:22-26; Ex. 3 to Jennifer Carlton declaration. 11. In May, 2011, the Association retained counsel to commence foreclosure proceedings to recover the unpaid charges, and on July 28, 2011, a letter was sent to the Johnsons by certified mail. Ricardo Rozen declaration, 2:12-14; Ex. 6 to Ricardo Rozen declaration. 12. The Association recorded a notice of assessment lien with the San Bemardino County Recorder’s office. The notice of assessment lien was recorded on February 21, 2012, bearing instrument number 2012-0066253. Ricardo Rozen declaration, 2:19-21 Ex. 7 to Ricardo Rozen declaration. 11976381 3. [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT

wo ma XNQN DWT B&B WY LF — yy NY we MS YY YM HB WY bt te —_ 13. On February 29, 2012, a letter was sent to the Johnsons by certified mai] enclosing a copy of the recorded lien. Ricardo Rozen declaration, 2:26-27; Ex. 8 to Ricardo Rozen declaration. 14. The Johnsons did not pay the total amount due to the Association within thirty (30) days of sending the Johnsons a copy of the recorded lien by certified mail. Jennifer Carlton declaration, 4:4-5. 15. Prior to the filing of this action and after more than $1,800.00 in assessments were due or assessment were more than twelve (12) months delinquent, a majority of the Association's Board of Directors in executive session approved a resolution to foreclase on the notice of delinquent assessment. Said resolution was then published in the minutes of the Board of Directors' meetings. Jennifer Carlton declaration, 4:6-10; Ex. 4 to Jennifer Carlton declaration. 16. Prior to the filing of this action, a majority of the Association's Board of Directors in executive session approved a resolution to foreclose on the notice of delinquent assessment. Said resolution was then served on defendants Tito Y. Johnson and Eloisa M. Johnson, as individuals and Trustees of the Johnson Family Trust Dated Ricardo Rozen declaration, 3:6-8; Ex. 9 to Ricardo Rozen declaration. 17. Monthly statements, are sent to each owner (including the Johnsons), in the Association's Complex which sets forth the current balance due (excluding all attorney's fees and costs). To date, the Johnsons, have not objected to the amounts stated in the monthly statements. Jennifer Carlton declaration, 4:13-26; Ex. 5 to Jennifer Carlton declaration. 18. The Association has timely and repeatedly demanded that the Johnsons cure their default. Ricardo Rozen declaration, 3:27-4:1; Ex. 12 to Ricardo Rozen declaration. IT IS HEREBY FURTHER ORDERED that judgment be entered in favor of The Heights at Haven View Estates and against-defendants Tito Y. Johnson and Eloisa M. Johnson, as individuals and Trustees of the Johnson Family Trust Dated, jointly and severally, as follows: 1197638.1 hi {[PROPOSED] ORDER GRANTING SUMMARY JUDGMENT

Oo Co SN DW oH F&F W HY = ry we YY KY NY NY NN WY WH BeBe eUeseeee sees ete Ss FORECLOSURE OF ASSESSMENT LIEN AND AWARD OF DAMAGES The Association is entitled to judgment pursuant to the Davis-Surling Common Interest Development Act, California Civil Code Sections 1350 et seq. (the “Act”) and the recorded Declaration of Covenants, Conditions and Restrictions (the “CC&Rs*), i.e., the equitable servitudes running with the Johnson’s property at the Association complex (the Complex”). Both the Act and the CC&Rs provide that maintenance assessments, late charges, reasonable costs of collection, and interest shall be a lien on an owner’s interest in the Complex from and after the time the Association causes a notice of delinquent assessments to be recorded with the County Recorder, and that a lien created under the Act and the CC&Rs may be enforced in any manner permitted by law, including sale by the Court. . , Therefore,

1. The notice of assessment lien for homeowners association maintenance assessments and related charges, recorded with the San Bernardino County Recorder’s office on February 21, 2012, bearing instrument number 2012-0066253, and all recorded amendments thereto, shall be foreclosed and/or enforced as a money judgment in the full and current amount of the delinquency, including late charges and interest in the amount of $14,871.87 for the period to and including October 15, 2012;
2. Attomey’s fees in the amount of $3,680.00; 3 Costs in the amount of $1,227.79; 4 Actual costs of foreclosure and sale;
3. Interest on said judgment as provided-by law; 6 The real property which is the subject matter of this action, or as much of it as may be necessary, is hereby ordered to be sold in the manner prescribed by law, and an order of sale will issue to the Sheriff of the County of San Bernardino, California, ordering and directing him to conduct such sale. Any party to this action may purchase at the sale; ia From the proceeds of this sale, the Sheriff shall pay to the Association, after deducting the expenses of sale, the sum adjudged due, together with interest at the 1197638.1 5. [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT

0 CO SH AW BR GY NR ee Ny NR Hw Hw HY NM HY wt | S228 KBR BH eS Ge DA AEBHSAS maximum rate allowed by law from the date of this judgment; 8. If any surplus remains after making these payments, the surplus shall be paid in accordance withthe priority set forth in Code of Civil Procedure Section 701.810, and defendants shall not receive any sum until al] superior claims have been paid, including plaintiff's secured claim for assessments and related charges accruing after the date of judgment herein, if any; 9. Defendants Tito Y. Johnson and Eloisa M. Johnson, individuals and Trustees of the J ohnison Family Trust Dated are personally liable for payment of the sum secured by the Notice of Assessment and are defendants against whom a deficiency judgment may be ordered. The Court retains jurisdiction-to determine the amount of deficiency, if any; 10. After the time allowed by law for redemption has expired, if any, the Sheriff shall execute a deed to the purchaser(s) at the sale, who may then take possession, if necessary, with the assistance of the Sheriff of the County of San Bernardino, California; ll. Defendants Tito Y. Johnson and Eloisa M. Johnson, individuals and Trustees of the Johnson Family Trust Dated and all persons claiming from and under them, and all persons having any lien subsequent to the Notice of Assessment by any judgment on the real property hereinafter described, and their personal representatives, and all persons claiming to have acquired any estate or interest in the premises subsequent to the recording of the Notice of Pendency of this action with the County Recorder, are forever barred and foreclosed from all equity of redemption in and claims to the premises, and every part of the premises, from and after delivery of the deed by the Sheriff, ffl ffl fie ff] fit HT] ‘ti 1197638.1 6. [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT

oO ony KH nH FF WN NVM RY NY RY KR NY NY DB HH & —s te ary eoOnn &F BH Ht SF Gard AQAaAREaAaHRE S s* 12. The property which is the subject of this Judgment and Order is legally described as: . Lot 9 of Tract 14771, as shown on the applicable recorded Tract Map in the records of San Bernardino County, California ; and more particularly described in that certain grant Deed recorded in the San Bernardino County Recorder’s office on April 7, 2008, as instrument number 2208- 0151721, which is commonly known as 4926 Buckskin Court Rancho Cucamonga, California 91737. Hy CY Dated: 7-1-1 y JUDGE OF THE SUPERIOR COURT VE ET me tances en me a one 1197638. J. [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT

THE DOCUMENT TO WHICH THIS CERTIFICATION IS ATTACHED, CONSISTING OF PAGE(S), ISA FULL, TRUE AND CORRECT THE ORIGINAL ON FILE AND OF RECORD IN MY OFFICE artest NANCY CS EBERHARDT Clerk of the Court of the State of California, ‘in and for the San Bemardino, Date___SEP 14 2021 wy —Chrin. Meld hein ounty Gin ownay Chris Goldstein

THE DOCUMENT TO WHICH THiS CERTIFICATION IS ATTACHED. CONSISTING OF PAGE(S), ISA FULL, TRUE ANG CORRECT COPY OF THE ORIGINAL ON FILE AND OF RECORD IN MY OFFICE. attest _ANABEL Z. ROMERO Clerk of the Superior Court of the State of Califorma, in and for the County of San Bernardino.