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CHA & NAM, APLC John Chi Young Kim [SB# 246464] 3424 Wilshire Blvd., Suite 1200 Los Angeles, CA 90010 (213) 365-5000 Attorneys for Plaintiff Wil-West, Inc.

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES UNLIMITED JURISDICTION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

WIL-WEST, INC., Plaintiff, vs. KRA ENTERPRISES, INC. Defendant.

CASE NO.: BC 450728 ASSIGNED FOR ALL PURPOSES TO HON. MICHAEL JOHNSON DEPT 56 EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF POSSESSION, MONEY JUDGMENT, AND MEMORANDUM DATE: March 21, 2011 TIME: 8:30 a.m. DEPT: 56

APPLICATION Plaintiff WIL-WEST, INC., by its counsel of record, hereby applies for an order vacating the dismissal in this matter and granting possession and money judgment in favor of Plaintiff in the amount of $81,909.94.

MEMORANDUM
1.

This is an unlawful detainer action based on Defendants failure to pay rent. On

December 8, 2010, Plaintiff filed the within action to recover possession of the leased premises located at 3807 Wilshire Blvd., Suites 120 & 125, Los Angeles, CA 90010 (Premises), and for unpaid rent.

EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF POSSESSION, MONEY JUDGMENT AND MEMORANDUM -1-

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2.

On or about March 4, 2011, Plaintiff and Defendant entered into a written Unlawful

Detainer Stipulation and Judgment (Stipulation). A true and correct copy of the Stipulation is attached hereto as Exhibit A and made a part hereof by reference.
3.

The Stipulation requires Defendant to pay the total sum of $81,909.94 as follows:

$6,825.83 upon execution of the agreement; and $6,825.83 due and payable on the 14th of each month commencing March 2011 through January 2012. See Unlawful Detainer Stipulation and Judgment, 7. Further, Defendant agreed and stipulated that Defendant shall continue to pay rent due and owing under the lease as and when due pursuant to the lease. See Unlawful Detainer Stipulation and Judgment, 6.
4.

The stipulation provides that judgment for possession of the Premises and money

judgment shall be entered upon default by [Defendant] in the performance of any of the obligations required by [the] stipulation. See Unlawful Detainer Stipulation and Judgment, 4. The stipulation further provides that [i]n the event of default in payment, a writ of execution may be issued on the [Plaintiffs] verified application, without further notice or hearing. See Unlawful Detainer Stipulation and Judgment, 7 (emphasis added).
5.

On March 7, 2011, Plaintiff dismissed the entire action with the Court retaining

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jurisdiction under CCP 664.6 to enforce the terms of the Stipulation.

6.

Defendant failed to make any payments, including payments for rent, as required by

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the Stipulation. See Declaration of Charles Sim. Plaintiff therefore requests that the Court vacate the dismissal and grant judgment for immediate possession of the Premises. Plaintiff further requests the immediate issuance of a writ of possession (being submitted concurrently herewith) and for money judgment in the amount of $81,909.94. //

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DATED: March 18, 2011

CHA & NAM, APLC

______________________ CHI YOUNG KIM Attorney for Plaintiff

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