Fill and Sign the At 130 2010 07 01 Judicial Council Forms

AT-130 EX PARTE RIGHT TO ATTACH OR DER AND ORDER FOR ISSUAN CE OF WRIT OF ATTACHMEN T (NONRESIDENT) ORD ER FOR ISSUANCE OF ADDITI ONAL WRIT OF ATTACHMENT (NONRESIDEN T) 1. Th e a pplication an d sup porti ng d eclaration or affidavit of pla intiff (nam e): fo r an ex parte right to attach order and order fo r issuance of writ of attachment order fo r issuance of an additional writ o f attachment has been consid ered by the court. FINDI NGS 2. THE COURT FINDS is a n atural perso n wh o d oes n ot reside in Cali forni a. (1) is a foreig n corpo ration wh ich has no t qual ified to do busine ss in Cali forni a. (2) is a foreig n p artne rshi p wh ich h as no t filed a d esigna tion un der Co rporati ons Co de sectio n 15 800. (3) b. The claim u pon which the a pplica tion is based is one upon whi ch an attachme nt may be issued un der c. Plai ntiff ha s establish ed the proba ble validi ty of the cl aim up on which the atta chme nt is based. d. The attachment is no t sought for a purpose oth er than th e recovery on a cla im upo n w hich the atta chmen t is b ased. e. The amount to be secured by the attachment is greater tha n zero. f. The affid avit or declaration accompanying the appl icati on shows that the property soug ht to b e attached, o r the porti on thereof de scrib ed in item 3b, is subject to attachment under Code of Civil Procedu re section 492.040 . is requi red before a writ shall issue , and plai ntiff g. An und ertakin g in the amount of: $ has not filed an un derta king in that amo unt. has h. A Righ t to Attach Order was i ssue d pursu ant to Code of Civil Procedure secti on 492.030 on (date) : i. Other (specify) : Cod e of Civil Pr oced ure Form Ap proved for Optional Use Judicial Cou ncil of California AT-130 [Rev. July 1, 2010] EX PAR TE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRI T OF A TTACHMENT ( NONRESIDENT) ( Attachment) §§ 482.030, 492.010; FOR CO URT US E ONLY PLAI NTIFF: DEFENDANT: CASE NUM BER: Co de of Civil Procedure secti on 483.010 W elfare a nd Instit utions Co de section 15 657.01. Welfare & Institutions Code, § 15657.01 STREET AD DRES S: MAIL ING ADDRE SS: CITY AND ZIP CO DE: BRA NCH NAME : ATTO RNEY OR PARTY WIT HOUT ATTORNE Y (Name, State Bar number, and address): FAX N O. (Optional): TEL EPHONE NO.: ATTO RNEY FOR (Name): E-M AIL ADD RESS (Option al): SUPERIOR COURT OF CALIFORNIA, COUNT Y OF Page 1 of 2 a. Defenda nt (name) : ORDER a. Plaintiff has a right to attach property of the nonresident defendant named in item 2a in the amount of: $ a writ of attachment an additional writ of attachment in the amount stated in item 3a b. The clerk shall issue forthwith upon the filing of an undertaking in the amount of: $ against the following property of defendant: Defendant shall transfer to the levying officer possession of c. (1) any documentary evidence in defendant's possession of title to any property described in item 3b. any documentary evidence in defendant's possession of debt owed to defendant described in item 3b. the following property in defendant's possession (specify): (2) (3) NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. Other (specify): d. e. Total number of boxes checked in item 3: (JUDICIAL OFFICER) EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (NONRESIDENT) (Attachment) AT-130 [Rev. July 1, 2010] Page 2 of 2 SHORT TITLE: CASE NUMBER: Date: AT-130 THE COURT ORDERS 3.