Fill and Sign the Application and Notice of Hearing for Order Form

TELEPHONE NO.: ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): FOR COURT USE ONLYATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: CASE NUMBER: APPLICATION AND NOTICE OF HEARING FOR ORDER to Set Aside Right to Attach Order, Quash Writ of Attachment, and Release Attached Property to Release Attached Property Exceeding in Value the Amount to be Secured\ to Substitute Defendant's Undertaking for Property to Increase Plaintiff's Undertaking to Determine Sufficiency of Plaintiff's Sureties to Reduce Amount to be Secured by the Attachment EX PARTE APPLICATION FOR ORDER to Discharge Attachment and Release Property Levied Upon to Release Property Levied Upon Due to Filing of Undertaking on Appeal To plaintiff (name): You are notified that a hearing on defendant's application in item 2 wil\ l be held in this court as follows: 1. div.: date: dept.: rm.: time: Nonresident Resident defendant (name) : makes application for an order a. (1) to set aside the Right to Attach Order issued on (date) : (2) to quash the Writ of Attachment issued on (date) : (3) to release the attached property of the defendant described in th\ e writ. to substitute an undertaking in the amount of b. in lieu of $ all of defendant's property which has been attached or is subject to att\ achment. (1) the following portion of defendant's property which has been attached or\ is subject to attachment: (a) value: $ (b) description: (2) for release of the following attached property to the extent that the va\ lue of defendant's interest in the property clearly exceeds the amount necessary to satisfy the amount to be secured by the \ attachment: c. (1) value: $(2) description: CV-4G (12/03) (AT-170 [Rev. July 1, 1983]) APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER AND RELEASE ATTACHED PROPERTY, ETC. (Attachment) 2. Page one CCP 482.030 DECLARATIONSHORT TITLE: CASE NUMBER:to reduce the amount to be secured by the attachment in the amount of 2. d. $ (specify grounds) : e. to increase the amount of plaintiff's undertaking on the following groun\ ds (CCP 489.220) (specify): to determine the sufficiency of sureties on the following grounds (specify): f. to discharge the attachment and release property levied upon on the grou\ nds that defendant recovered judgment in the action. Plaintiff has not filed and served a timely motion to vacate\ the judgment or for judgment notwithstanding the verdict or for a new trial; nor has plaintiff perfected an appeal; n\ or has plaintiff filed the undertaking required by CCP 921. g. to release defendant's property levied upon owing to the stay of enforce\ ment of plaintiff's judgment upon defendant's filing of an undertaking on appeal. h. Defendant's title to the property identified in item 3. and the manner of its acquisition is set forth in the following facts: 2b(2) 2b(1) attached affidavit No defendant other than the applicant has an interest in the property de\ scribed in item 4. 2b(1) 2b(2) Nonresident defendant's application is made on the grounds of a general \ appearance and defendant states 5. the Right to Attach Order was issued pursuant to CCP 492.010. the general appearance was filed in this action on a. b. (date) : this application is the first appearance of the defendant. c. Defendant's application is supported by the 6. attached points and authorities. following points and authorities (specify): attached affidavit. following facts (specify): a. c. d. b. Date: (SIGNATURE OF DEFENDANT) (TYPE OR PRINT NAME OF DEFENDANT) By (NAME AND TITLE) I declare under penalty of perjury under the laws of the State of Califo\ rnia that the foregoing is true and correct. Date: (SIGNATURE OF DECLARANT) (TYPE OR PRINT NAME) 7. Total number of pages attached: APPLICATION TO SET ASIDE RIGHT TO ATTACH ORDER AND RELEASE ATTACHED PROPERTY, ETC. (Attachment) . . . . . . . . . . . . . . . . . . . . . . . . . . . \ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \ . . . . . CV-4G (12/03) \ \ Page two