EX
PARTE RIGHT TO ATTACH ORDER AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
EX
PARTE
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF
WRIT OF ATTACHMENT (RESIDENT)
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
(RESIDENT)
The application and supporting declaration or affidavit of plaintiff (name):
for an ex parte right to attach order and order for issuance of writ of attachment
FINDINGS
THE COURT FINDS partnership
natural person
unincorporated association
The claim upon which the application is based is one upon which an attac\
hment may be issued under Code of Civil Procedure
section 483.010.
b.
c. Code of Civil Procedure section 484.090 (on notice)
A Right to Attach Order was issued on
(date): \
pursuant to
Code of Civil Procedure section 485.220 (ex parte )
The affidavit or declaration accompanying the application shows that the\
property sought to be attached, or the portions thereof
to be specified in the writ, are not exempt from attachment.
e.
f.
g.
An undertaking in the amount of: $ is required before a writ shall issue, and plaintiffhas
has notfiled an undertaking in that amount.
Great or irreparable injury will result to the plaintiff if issuance of \
the order is delayed until the matter can be heard on notice,
based on the following: There is a danger that the property sought to be attached would be
(1) concealed.
(a) substantially impaired in value.
(b) made unavailable to levy by other than concealment or impairment in valu\
e.
(c) A bulk sales notice was recorded and published pursuant to Division 6 of\
the Commercial Code with respect
to a bulk transfer by the defendant.
(2) An escrow has been opened pursuant to the provisions of Business and Pro\
fessions Code section 24074 with
respect to the sale by the defendant of a liquor license. The liquor lic\
ense number is:
(3)
(4) The attachment is not sought for a purpose other than the recovery on th\
e claim upon which the application is based.
d. j.
CV-4A (12/03)
(AT-125 [Rev. January 1, 2000]) Code of Civil Procedure,
§§ 482.030, 485.010 et seq. FOR COURT USE ONLY
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF:
DEFENDANT:
CASE NUMBER:TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, state bar number, and address):
ATTORNEY FOR (Name): FAX NO.:
1.
2. writ of attachment
has been considered by the court.
a. Defendant (specify name) : \
Plaintiff has established the probable validity of the claim upon which \
the attachment is based.
The amount to be secured by the attachment is greater than zero.
The portion of the property sought to be attached described in item
3b is not exempt from attachment.
Other circumstances (specify):
h.
i.
(5) Defendant has failed to pay the debt underlying the requested attachment\
and is insolvent as defined in Code of Civil
Procedure section 485.010, subdivision (b)(2), as set forth in the a\
ffidavit or declaration filed in support of this
application, which specifies the defendant's known undisputed debts and \
the basis for plaintiff's determination that the
defendant's debts are undisputed.
k. Other
(specify) : is a corporation other
(specify) :
order for issuance of an additional
Page one
SHORT TITLE:
CASE NUMBER:
ORDER
THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name):
in the amount of: $ for any property of a defendant who is
not a natural person for which a method of levy is provided.
(3) (4) for the property covered by a bulk sales notice with respect to a bulk t\
ransfer by defendant or the proceeds of the sale
of such property, described as follows
(specify): (1)
(2)
Defendant
shall transfer to the levying officer possession of
c. any documentary evidence in defendant's possession of title to any prope\
rty described in item
3b. Date:
(SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)
(TYPE OR PRINT NAME) EX
PARTE RIGHT TO ATTACH ORDER AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment) Page two
CV-4A (12/03) 3.
for property of a defendant who is a natural person subject to attachmen\
t under Code of Civil Procedure section
487.010 (specify) :
for plaintiff's pro rata share of proceeds from an escrow in which defen\
dant's liquor license is sold. The license number
is
(specify) :
(1)
(2)
(3) any documentary evidence in defendant's possession of debt owed to defen\
dant described in item
3b.
the following property in defendant's possession (specify):
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . . b.
Other
(specify) :
d.
Total number of boxes checked in item 3: ______
e. NOTICE TO DEFENDANT:
FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO
ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. forthwith
The clerk shall issue
upon the filing of an undertaking in the amount of: $ a writ of attachment an additional writ of attachment in the amount stated in item 3a
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER
FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF
ATTACHMENT AFTER HEARING
The application of plaintiff
(name):
an order for issuance of additional writ of attachment
for
against the property of defendant
(name):
came on for hearing as follows: Div.:
Dept.: Rm.:
Time: Plaintiff's attorney
(name):
Plaintiff (name): Defendant's attorney
(name):
Defendant (name):
(1)
FINDINGS
THE COURT FINDS natural person
partnership
unincorporated association
The claim upon which the application is based is one upon which an attac\
hment may be issued.
b.
Plaintiff has established the probable validity of the claim upon which \
the attachment is based.
c.
The attachment is not sought for a purpose other than the recovery on th\
e claim upon which the attachment is based.
d.
e. f.
The following property, not described in plaintiff's application, claime\
d by defendant to be exempt
g. is exempt from attachment
(specify):
(1) is not exempt from attachment
(specify):
(2) is required before a wri\
t shall issue, and plaintiff
filed an undertaking in that amount.
An undertaking in the amount of:
$
i. has not
has Code of Civil Procedure section 485.220
(ex parte )
Code of Civil Procedure section 484.090 (on hearing)
A Right to Attach Order
was issued on (date): \
pursuant to
j. k.
Other (specify) : CV-4B (12/03)
(AT-120 [Rev. January 1, 2000]) Code of Civil Procedure,
§§ 482.030, 484.090
Hearing date: FOR COURT USE ONLY
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF:
DEFENDANT:
CASE NUMBER:TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, state bar number, and address):
ATTORNEY FOR (Name): FAX NO.:
1.
2. b.
Judge
(name) :
a. Defendant (specify name) :
The following property of defendant, described in plaintiff's applicatio\
n
The amount to be secured by the attachment is greater than zero.
Defendant failed to prove that all the property described in plaintiff's\
application is exempt from attachment.
h. a right to attach order and order for issuance of writ of attachment
is a
corporation other
(specify) :
The following persons were present at the hearing:
(2)
(3)
(4)is exempt from attachment
(specify):
(1) is not exempt from attachment
(specify):
(2)
a.
(1)
(2)
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
HEARING
Page one
CASE NUMBER:
SHORT TITLE:
ORDER
THE COURT ORDERS
Plaintiff has a right to attach property of defendant (name):
a.
in the amount of: $ b.
The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached. forthwith
The clerk shall issue
upon the filing of an undertaking in the amount of: $ c.
for any property of a defendant who is
not a natural person for which a method of levy is provided.
(1) (2)
Defendant
shall transfer to the levying officer possession of
d. any documentary evidence in defendant's possession of debt owed to defen\
dant described in item
3c; NOTICE TO DEFENDANT:
FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO
ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. Other
(specify) :
e.
Total number of boxes checked in item 3: ______
f.
Date: (TYPE OR PRINT NAME)
(SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER
FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) Page two
CV-4B (12/03) 3.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . . any documentary evidence in defendant's possession of title to any prope\
rty described in item
3c;
the following property in defendant's possession (specify):
for the property of a defendant who is a natural person that is subject \
to attachment under Code of Civil
Procedure section 487.010, described as follows
(specify):
(3) for the property covered by a bulk sales notice with respect to a bulk t\
ransfer by defendant or the proceeds of sale
of such property, described as follows
(specify):
(4) for plaintiff's pro rata share of proceeds from an escrow in which defen\
dant's liquor license is sold. The license
number is
(specify): (1)
(2)
(3) a writ of attachment an additional writ of attachment in the amount stated in item 3a
NOTICE OF ATTACHMENT
(Attachment)
After recording return to:LEVYING OFFICER (Name and Address):
NOTICE OF ATTACHMENT
[This form is used in co nnection with levy under a writ of attachment.]
TO THE PERSON NOTIFIED (name):
Plaintiff in this action seeks to attach property in which defendant has an interest. The
property to be attached is
You are notified as
a defendant.
a person other than defendant (state capacity in which person is being notified):
( Read Information for Defendant or Informatio n for Person Other than Defendant on reverse .)
A notice was filed with the
Secretary of State.
a.
Department of Motor Vehicles.
b.
Department of Housing and Community Development.
c.
Notice of Attachment was
mailed on (date):
delivered on (date):
posted on (date):
filed on (date):
recorded on (date):
Signed by:
Registered process server
Levying officer
CV-4C (12/03)
(AT-165 [Rev. January 1, 2003]) Code of Civil Procedure,
§§ 482.030, 488.060
FOR RECORDER'S USE ONLY
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
1.
2.
3.
(describe property):
described in the Writ of Attachment and Order for Issuance of Writ of
Attachment , attached hereto and incorporated by reference.
a.
b.
a.
b.
c.
4.
d.
e. a.
b.
CASE NUMBER
Page 1 of 2
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO. (Optional):
ATTORNEY FOR (Name):
E-MAIL ADDRESS
(Optional):
— INFORMATION FOR DEFENDANT —
The levying officer may be required to take custody of property described in item 1 in your possession or under your
control. You have a right to be represented by an at torney in this lawsuit.
2. You may claim any available exemption for your property. An exemption for real property may be claimed any time
before the entry of judgment. If the right to attach order or writ of attachment was issued without a noticed hearing and
you wish to claim an exemption for personal property, you must do so within 30 days after the levying officer serves you
with the Notice of Attachment describing the property. If you do not claim an exempt ion, you may lose it and the property
is subject to attachment. If you wish to seek the advice of an attorney, you should do so immedi ately so that a claim of
exemption can be filed on time.
Plaintiff has filed an undertaking. You have the right to object to the undertaking and may apply for an order to
substitute an undertaking for your property wh ich has been or is subject to being attached.
You have a duty to release tangible persona l property to the levying officer. You have the rights and duties specified in
Code of Civil Procedure section 488.395 if your farm products or inventory of a going business have been or are subject
to attachment.
5. If the property is perishable or will gr eatly deteriorate in value, or for other good reason, you may apply ex parte, or if the
court or court rule requires, by noticed mo tion, for an order appointing a receiver or directing the levying officer to take
any action necessary to preserve the value of the property, including selling the property. The court may order any
receiver to be paid from the proceeds of the sale of your property.
You may apply for a release of the attachment to the extent that the value of your interest in the property exceeds the
amount necessary to satisfy the attachment.
You may apply to the court for an order modifying or vacating any temporary protective order in the interests of justice
or for an order terminating the same upon filing an undertaking.
If the writ of attachment has been i ssued against you because you are a nonresident, you may have the right to attach
order set aside by filing a general appearance.
If the writ of attachment was issued on an ex parte application, you may apply for an order that the right to attach order
be set aside, the writ quashed, and any property levied upon pursuant to the writ be released.
10. If you recover judgment against plaintiff, you may apply fo r a release of all property attached by plaintiff under the Writ
of Attachment. If judgment is recovered against you and yo u appeal, you have the right to obtain the release of your
property by filing a sufficient undertaking.
You may object to the amount sought to be secured by the attachment.
— INFORMATION FOR PERSON OTHER THAN DEFENDANT —
1. If the property attached or sought to be attached is in your possession or under your control and you do not claim the
right to possession or a security interest, you must deliver the property to the levying officer. If you do not deny an
obligation levied upon or do not claim a pr iority over the plaintiff's lien, you must pay to the levying officer the amount
that is due and payable and that becomes due and payable during the period of the attachment lien. You must execute
and deliver any documents needed to transfer the property.
You must complete the accompanying Memorandum of Garnishee.
If you claim ownership or the right to possession of real or personal property levied upon or if you claim a security
interest in or lien on personal property levied upon, you ma y make a third-party claim and obtain the release of the
property pursuant to Code of Civ il Procedure sections 720.010–720.800.
If you have an interest in the property attached or sought to be attached and t he property is perishable or will greatly
deteriorate in value, or for other good r eason, you may apply ex parte, or if the c ourt or court rule requires, by noticed
motion, for an order appointing a receiver or directing the levying officer to take any action necessary to preserve the
value of the property, including selling the property. The co urt may order any receiver to be paid from the proceeds of
the sale of your property.
Make checks payable to the levying officer.
NOTICE OF ATTACHMENT (Attachment)
CV-4C (12/03) Page 2 of 2
1.
3.
4.
You may recover damages for wrongful attachment.
6.
7.
8.
9.
11.
12.
2.
5. 3.
4.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
WRIT OF ATTACHMENT
EX PARTE
AFTER HEARING
FOR COURT USE ONLY
1. TO THE UNITED STATES MARSHAL FOR THE CENTRAL DISTRICT OF CALIFORNIA
2. To any local or state law enforcement officer authorized to serve this wr\
it in accord with CCP 488.080.
5. Name and address of plaintiff: 6. YOU ARE DIRECTED TO ATTACH the following property or so much thereof as is clearly sufficient to satisfy the amount to be
secured by the attachment (describe property and state its location; itemize by letter):
This information is on an attached sheet.
An interest in the real property described in item 5 stands upon the records of the county, in the name of the following
person other than the defendant:
7.
a. Name:
b. Mailing address, if known, as shown by the re cords of the office of the county tax assessor (s pecify) :
The real property on which the
8.
crops described in item 5 __ are growing
timber described in item 5 __ to be cut is standing
stands upon the records of the county in the name of
a. Name: b. Address:
[SEAL]
Date: Clerk, by , Deputy
CV-4D (12/03)
(AT-135 [Rev. January 1, 2003]) WRIT OF ATTACHMENT (Attachment) Code of Civ. Proc., § 488.010
Page 1 of 1
TELEPHONE NO.
:
FAX NO. (Optional):
ATTORNEY FOR (Name):
E-MAIL
ADDRESS (Optional):
UNITED STATES DISTRIT COURT, CENTRAL DISTRICT OF CALIFORNIA
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
3. To any private person specially appointed by the court to serve this writ\
in accord with Local Rule 64-1, 64-2 & 64-3.
4. This writ is to attach property of defendant (name and last known a\
ddress):
and the attachment is to secure: $
EX
PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE
OF WRIT OF ATTACHMENT (NONRESIDENT) (Attachment)
EX
PARTE
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF
ATTACHMENT (NONRESIDENT) ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
(NONRESIDENT)
The application and supporting declaration or affidavit of plaintiff
(name):
for an ex parte right to attach order and order for issuance of writ of attachment
has been considered by the court.
THE COURT FINDS
Defendant (name):
a. is a natural person who does not reside in California.
(1) (2)
(3)
The claim upon which the application is based is one upon which an attac\
hment may be issued under Code of Civil
Procedure section 483.010.
b.
Plaintiff has established the probable validity of the claim upon which \
the attachment is based.
The attachment is not sought for a purpose other than the recovery on a \
claim upon which the attachment is based.
d.
A Right to Attach Order was issued pursuant to Code of Civil Procedure section 492.030 on
i. (date)
:
e.
The affidavit or declaration accompanying the application shows that the\
property sought to be attached, or the portion
thereof described in item 3b, is subject to attachment under Code of Civil Procedure section 492.040.
f.
An undertaking in the amount of: $ is required before a writ shall issue, and plaintiff
g. has not
has
Other (s pecify):
h. CV-4E (12/03)
(AT-130 [Rev. January 1, 2000]) Code of Civil Procedure,
§§ 482.030, 492.010
filed an undertaking in that amount. FOR COURT USE ONLY
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF:
DEFENDANT:
CASE NUMBER:TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, state bar number, and address):
ATTORNEY FOR (Name): FAX NO.:
order for issuance of an additional writ of attachment is a foreign corporation which has not qualified to do business in Calif\
ornia.
is a foreign partnership which has not filed a designation under Corpora\
tions Code section 15800.
1.
2.
The amount to be secured by the attachment is greater than zero.
c. FINDINGS
Page one
CASE NUMBER:
SHORT TITLE:
ORDER
THE COURT ORDERS
a. Plaintiff has a right to attach property of the nonresident defendant na\
med in item 2a in the amount of: $ forthwith
b.
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 the following property in defendant's possession
(specify): d.
Date: (TYPE OR PRINT NAME)
(SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)EX
PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE
OF WRIT OF ATTACHMENT (NONRESIDENT) (Attachment)
CV-4E (12/03)
Page two3.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . . (1)
(2)
(3)
any documentary evidence in defendant's possession of title to any prope\
rty described in item
3b.
any documentary evidence in defendant's possession of debt owed to defen\
dant described in item 3b. Other
(specify) :
e.
f. Total number of boxes checked in item 3: ______ NOTICE TO DEFENDANT:
FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO
ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. The clerk shall issue
a writ of attachment an additional writ of attachment in the amount stated in item 3a
Defendant
shall transfer to the levying officer possession of
c. Special appointment for service by a private person pursua\
nt to Local Rule 64.
APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY
PROTECTIVE ORDER, ETC. (Attachment) FOR COURT USE ONLY
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF:
DEFENDANT:
CASE NUMBER:APPLICATION FOR
RIGHT TO ATTACH ORDER TEMPORARY PROTECTIVE ORDER
ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
After Hearing Ex Parte
Against Property of Nonresident
Plaintiff (name):
applies after hearing ex parte for
a right to attach order and writ of attachment.
a.
b. an additional writ of attachment.
c. a temporary protective order.
d. an order directing the defendant to transfer to the levying officer poss\
ession of
property in defendant's possession.
(1)
(2)
(3)
Defendant (name):
b. is a corporation
qualified to do business in California.
(1)
(2)
c. is a California partnership or other unincorporated association.
is a foreign partnership that
d.
has filed a designation under Corporations Code section 15800.
(1)
(2)
a.
is a natural person who
does not reside in California.
(1)
(2)
Attachment is not sought for a purpose other than the recovery on a clai\
m upon which the attachment is based.
4. CV-4F (12/03)
(AT-105 [Rev. January 1, 2000]) Code of Civil Procedure,
§§ 482.030, 484.010 et seq.
1. TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
ATTORNEY FOR (Name): FAX NO.:
2. documentary evidence in defendant's possession of title to property.
documentary evidence in defendant's possession of debt owed to defendant\
.
not qualified to do business in California.
has not filed a designation under Corporations Code section 15800. resides in California.
e. is other (specify):
3. Attachment is sought to secure recovery on a claim upon which attachment\
may issue under Code of Civil Procedure section
483.010.
Page one of three
5.
Plaintiff has no information or belief that the claim is discharged or t\
he prosecution of the action is stayed in a proceeding under
Title 11 of the United States Code (Bankruptcy).
CASE NUMBER:
SHORT TITLE:
The facts showing plaintiff is entitled to a judgment on the claim on wh\
ich the attachment is based are set forth with particularity
in the
7.
The amount to be secured by the attachment is: $ which includes estimated costs of: $
a.
which includes estimated allowable attorney fees of: $
b.
Plaintiff is informed and believes that the following property sought to\
be attached for which a method of levy is provided is subject
to attachment:
Any property of a defendant who is not a natural person.
a.
Any property of a nonresident defendant.
b.
Property of a defendant who is a natural person that is subject to attac\
hment under Code of Civil Procedure section
487.010 described as follows (specify):
c.
Plaintiff's pro rata share of proceeds from an escrow in which defendant\
's liquor license is sold (specify license number):
d.
e.
Plaintiff is informed and believes that the property sought to be attach\
ed is not exempt from attachment. The court issued a Right to Attach Order on (date):
11.
Nonresident defendant has not filed a general appearance.
12. APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY
PROTECTIVE ORDER, ETC. (Attachment) Page two of three
CV-4F (12/03) 8.
9.
10. Property covered by a bulk sales notice with respect to a bulk transfer \
by defendant on the proceeds of the sale of such
property (describe):verified complaint.
a.
attached affidavit or declaration.
b.
following facts (specify):
c.
6.
Plaintiff's claim or claims arise out of conduct by the defendant who is\
a natural person of a trade, business, or profession. The
claim or claims are not based on the sale or lease of property, a licens\
e to use property, the furnishing of services, or the loan
of money where any of the foregoing was used by the defendant primarily \
for personal, family, or household purposes.
(Attach a copy.)
Date:
Date:
13.
Plaintiff alleges on ex parte application for order for writ of attachment
it may be inferred that there is a danger that the property sought to be\
attached will be concealed.
substantially impaired in value.
made unavailable to levy by other than concealment or impairment in valu\
e.
a bulk sales notice was recorded and published pursuant to Division 6 of\
the Commercial Code with respect to a bulk
transfer by the defendant.
an escrow has been opened under the provisions of Business and Professio\
ns Code section 24074 with respect to
the sale by the defendant.
(2)
(3)
Plaintiff requests the following relief by temporary protective order (specify):
14.
has filed an undertaking in the amount of: $
a.
has not filed an undertaking.
b.
DECLARATION
I declare under penalty of perjury under the laws of the State of Califo\
rnia that the foregoing is true and correct. CV-4F (12/03)
APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY
PROTECTIVE ORDER, ETC. (Attachment) Page three of three
(TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
16. CASE NUMBER:
SHORT TITLE:
(1) (a)
(4) defendant has failed to pay the debt underlying the requested attachment\
and is insolvent as defined in Code of Civil
Procedure section 485.010, subdivision (b)(2).
Plaintiff
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . . Number of pages attached: _____ (b)
(c)
15. other circumstances (specify):
(5)
b. The statements in item 13a are established by
the attached affidavit or declaration
the following facts (specify):
a.
is informed and believes on application for temporary protective order
that plaintiff will suffer great or irreparable injury if the order is n\
ot issued before the matter can be heard on notice because
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
TELEPHONE NO.:
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):ATTORNEY FOR
(Name): NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF:
DEFENDANT:
CASE NUMBER:
AND NOTICE OF HEARING
APPLICATION FOR ORDER TO TERMINATE TEMPORARY PROTECTIVE ORDER AFTER HEARING
TO MODIFY OR VACATE TEMPORARY PROTECTIVE ORDER
AFTER HEARING
EX PARTE
To plaintiff (name): 1.
You are notified that a hearing on defendant's application in item 2 wil\
l be held as follows: rm.:
date: div.:
dept.:
time:
Defendant (name):2.
makes application on notice for an orderto terminate the Temporary Protective Order issued on (date):
to vacate the Temporary Protective Order issued on (date):
to modify the Temporary Protective Order issued on (date):
as follows: a
.
b. c.
3. Defendant (name): makes ex parte application for an order
to vacate the Temporary Protective Order issued on (date):
to modify the Temporary Protective Order issued on (date):
as follows: a.
b.
4. Defendant's application to terminate the Temporary Protective Order is m\
ade on the grounds that defendant will file a sufficient undertaking pursuant to CCP 489.320 in the amount\
of
has filed
$ CV-4H (12/03)
(AT-145 [Rev. July 1, 1983]) APPLICATION AND NOTICE OF HEARING FOR ORDER TO TERMINATE,
MODIFY OR VACATE TEMPORARY PROTECTIVE ORDER (Attachment) CCP 482.030
Page one
CASE NUMBER:
SHORT TITLE: Defendant's application
5. to vacate
the Temporary Protective Order is made on the grounds of the interests o\
f justice
to modify
and equity to the parties pursuant to CCP 486.100. Defendant's applicati\
on is based upon the attached affidavit.
following facts
(specify):
a. b.
attached points and authorities.
following points and authorities
(specify):
c. d.
Date: (SIGNATURE OF DEFENDANT)
(TYPE OR PRINT NAME OF DEFENDANT)
By: (NAME AND TITLE)
DECLARATION
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)
6. Total number of pages attached: APPLICATION AND NOTICE OF HEARING FOR ORDER TO TERMINATE,
MODIFY, OR VACATE TEMPORARY PROTECTIVE ORDER (Attachment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . . Page two
CV-4H (12/03)
NOTICE OF APPLICATION AND HEARING FOR RIGHT TO
ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment)
NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH
ORDER
ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
ADDITIONAL WRIT OF ATTACHMENT
Notice to defendant
(name, address, and telephone number, if known) :
Plaintiff has filed an application for a right to attach order and writ of attachment.
(Check items 6a, 6b, and 6d(1).)
a. a writ of attachment.
(Check item 6d(2).)
b. an additional writ of attachment.
(Check item 6d(2).)
c.
A hearing on plaintiff's application will be held in this court as follo\
ws: Date:
Dept.:Div.:Rm.:
Time:
You are notified that a.
A right to attach order will be issued if the court finds at the hearing that plaintiff's claim is probably val\
id and the other
requirements for issuing the order are established. This hearing may inc\
lude both written and oral presentations, but is not
for the purpose of determining whether the claim is actually valid. Dete\
rmination of the actual validity of the claim will be
made in subsequent proceedings in the action and will not be affected by\
the decision at the hearing on the application for
the order. b.
If you desire to oppose the issuance of a right to attach order or objec\
t to the amount to be secured by the attachment as
provided in Code of Civil Procedure section 483.015 (or Code of Civil P\
rocedure section 483.020 in unlawful detainer
actions), you must file with this court and serve on plaintiff (no lat\
er than five court days prior to the date set for hearing in
item 3) a notice of opposition and supporting declaration or affidavit \
as required by Code of Civil Procedure section
484.060.
If a right to attach order is or has been issued, a writ of attachment w\
ill be issued to attach your property described in plaintiff's
application unless the court determines that the property is exempt from\
attachment or that its value clearly exceeds the amount
necessary to satisfy the amount to be secured by the attachment. However\
, since the right to attach order will not necessarily be
limited to your property described in plaintiff's application, a writ of\
attachment may later be issued to attach other nonexempt
property of yours. CV-4I (12/03)
(AT-115 [Rev. January 1, 2000]) Code of Civil Procedure,
§§ 482.030, 484.010 et seq.
c. FOR COURT USE ONLY
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME: PLAINTIFF:
DEFENDANT:
CASE NUMBER:TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, state bar number, and address):
ATTORNEY FOR (Name): FAX NO.:
1.
2.
3.
4.
5.
6. The request of plaintiff for an order is based upon the application and \
affidavit
or declaration filed and served with this notice.
Your attention is directed to the following sections of the Code of Civi\
l Procedure that set forth when attachment may or may not be
issued, the manner of calculating the amount to be secured by the attach\
ment, the court's discretion to include costs and attorney's
fees, and special limitations on the amount to be secured by attachment \
in unlawful detainer proceedings . (Code Civ. Proc ., §§
482.110, 483.010, 483.015, 483.020.)
Page one of three
NOTICE OF APPLICATION AND HEARING FOR RIGHT TO
ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) CASE NUMBER:
SHORT TITLE:
Claims of exemption resulting from a change of circumstances, whether af\
ter denial of a previous claim or expiration of the time
for claiming exemptions, may be asserted as provided in Code of Civil Pr\
ocedure section 482.100.
You may obtain a determination at the hearing whether property not descr\
ibed in the application is exempt from attachment.
Your failure to claim that property not described in the application is \
exempt from attachment will not preclude you from making
a claim of exemption with respect to the property at a later time.
You may also obtain a determination at the hearing whether the amount so\
ught to be secured by the attachment shall be
reduced bythe amount of any money judgment in your favor and against plaintiff tha\
t remains unsatisfied and enforceable,
the amount of any indebtedness of the plaintiff that you have claimed in\
a cross-complaint filed in the action if your claim is
one upon which an attachment could be issued,
the amount of any claim asserted by you as a defense in the answer pursu\
ant to Code of Civil Procedure section 431.70 if
the claim is one upon which an attachment could be issued had an action \
been brought on the claim when it was not barred
by the statute of limitations, or Page two of three
CV-4I (12/03) f.
If you claim that all or some portion of the property described in plain\
tiff's application is exempt from attachment, you must no
later than five court days prior to this hearing
include your claim of exemption in your notice of opposition filed and s\
erved pursuant to Code of Civil Procedure
section 484.060 or file and serve a separate claim of exemption with res\
pect to the property as provided in Code of
Civil Procedure section 484.070.
(1) (2)
file with the court and serve on plaintiff a claim of exemption with res\
pect to the property as provided in Code of Civil
Procedure section 484.350.
If you fail to make a claim of exemption with respect to personal proper\
ty, or make a claim of exemption with respect to real or
personal property, but fail to prove that the property is exempt, any fu\
rther claim of exemption with respect to the property will be
barred unless you show a change in circumstances occurring after expirat\
ion of the time for claiming exemptions.
d.
6.
e.
g.(1)
(2)
(3)
(4)the value of any security interest in your property held by plaintiff to\
secure the indebtedness claimed by plaintiff, together
with the amount by which the value of the security interest has decrease\
d due to the act of the plaintiff or a prior holder of the
security interest. The amount to be secured by an attachment is determined pursuant to the \
following statutes:
Code of Civil Procedure section 482.110. A writ of attachment may include an estimate of the costs and allowable\
attorney fees.
h.
(1)
Code of Civil Procedure section 483.010. An attachment may issue on a claim for $500 or more based on a contract\
,
express or implied, exclusive of attorney fees, costs, and interests. If\
the claim was originally secured by an interest in real
property (e.g., a mortgage or trust deed), an attachment may issue onl\
y if the security has become valueless or decreased in
value to less than the amount owing on the claim, through no fault of pl\
aintiff or the security holder (if different from plaintiff).
(2)
Code of Civil Procedure section 483.015. The amount to be attached includes the amount of the indebtedness claim\
ed by
plaintiff, plus estimated costs and allowable attorney fees, reduced by \
the sum of the following:
(3)
the amount of any unsatisfied money judgment held by defendant against p\
laintiff;
(a)
the amount of any indebtedness of plaintiff claimed by defendant in a cr\
oss-complaint filed in the action (if a writ of
attachment could issue on the claim);
(b)
the amount of any cross-demand for money owed by plaintiff to defendant \
that is barred by the statute of limitations (but
assertable as a Code of Civil Procedure section 431.70 defense) if the debt was o\
ne upon which a writ of attachment
could have been issued before the statute of limitations ran; and
(c)
the amount of any security interest held by plaintiff in defendant's pro\
perty, together with any decrease in the value of the
underlying security caused by plaintiff or a prior security holder.
(d)
Either you or your attorney or both of you may be present at the hearing\
.
YOU MAY SEEK THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH P\
LAINTIFF'S APPLICATION.
THE
ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST YO\
U BEFORE THE
TIMES FOR FILING YOUR OPPOSITION AND CLAIMS OF EXEMPTION, AND FOR THE HE\
ARING.
Date: j. i.
(TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . .
NOTICE OF APPLICATION AND HEARING FOR RIGHT TO
ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment)
CV-4I (12/03)
Page three of three
Code of Civil Procedure section 483.020.
An attachment ordered in an unlawful detainer proceeding may include:
(4) CASE NUMBER:
SHORT TITLE: the amount of rent past due when the complaint is filed;
(a)
an additional amount for the estimated rent due from the date the compla\
int was filed until the estimated date of
judgment or delivery of possession to plaintiff; plus
(b)
estimated costs and attorney fees.
(c)
Any prepaid rent or lease deposits held by plaintiff are disregarded in \
calculating the amount of attachment. However, the
amount of attachment will be reduced by the amounts described in Code of\
Civil Procedure section 483.015 (above).
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:
ORDER
to Set Aside Right to Attach Order, Quash Writ of Attachment, and Releas\
e
Property Levied Upon
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 Discharge Attachment and Release Property Levied Upon (Ex Parte)
to Release Property Levied Upon Due to Filing of Undertaking on Appeal
(Ex Parte)
to Reduce the Amount to be Secured by the Attachment
1. a. The court has considered the application of defendant
(name) :
for an order to set aside Right to Attach Order, quash Writ of Attachment, and releas\
e property levied upon. to release attached property exceeding in value the amount to be secured\
.
to substitute defendant's undertaking for property.
(2) (3)
to increase plaintiff's undertaking.
(4) determining sufficiency of plaintiff's sureties.
(5) to discharge attachment and release property levied upon.
(6) to release property levied upon due to filing of undertaking on appeal.
to reduce the amount to be secured by the attachment.
(7) (8)
On hearing as follows
(check boxes in items (3) and (4) below to indicate personal presen\
ce) :
b. div.:
rm.:
dept.:
time: Attorney
(name):
Plaintiff (name):
(3)
Defendant (name): Attorney
(name): Ex parte.
c.
2. THE COURT FINDS Plaintiff is not entitled to the Right to Attach Order issued on
(date) : Nonresident defendant
has filed a general appearance and plaintiff has not shown that the Rig\
ht to Attach order is
authorized by a provision other than CCP 492.010.
b. The value of defendant's interest in property attached is
c.
$
which exceeds the amount necessary to satisfy the amount to be secured b\
y the attachment by $ The defendants named in item 1a are the only defendants who have an inte\
rest in the property described in item 2f.
The following defendants, not named in item 1a, have an interest in the \
property described in item 2f
(names):
d. e.
CV-4J (12/03)
(AT-175 [Rev. July 1, 1983]) ORDER TO SET ASIDE ATTACHMENT, TO
SUBSTITUTE UNDERTAKING, ETC. (Attachment) a. (4)
Judge
(name) :
Hearing date:
(1)
(2) (1)
Page one
CCP 482.030
CASE NUMBER:
SHORT TITLE: 2. f.
an undertaking in the amount of
is a sufficient substitution for the following property which
$ (1)
is subject to attachment
(describe):
(2) The undertaking is insufficient as follows
(specify):
g. Defendant has recovered judgment against plaintiff and (1) no timely m\
otion to vacate the judgment or for judgment
notwithstanding the verdict or for a new trial has been filed and served\
and is pending and no appeal has been
perfected; and (2) no undertaking has been executed and filed as requi\
red by CCP 921.
h. Enforcement of plaintiff's judgment is stayed by the filing of an undert\
aking on appeal and justification of defendant's
sureties
i. has been made.
has been waived in writing.
has been waived by failure to timely object.
The amount to be secured by the attachment may be reduced by the amount \
of $
Other
(specify) :
j. k.
ORDER
3. IT IS ORDERED is set aside.
The Right to Attach Order issued on (date):
a. is quashed.
The Writ of Attachment issued on (date):
b. The property levied upon pursuant to the Writ of Attachment issued on
c.
(date): is released as follows:all property.
property in the amount of $
the following property
(describe):
(1) (2)
(3)
Defendant may substitute an undertaking for property which has been atta\
ched as follows:
(1) amount of undertaking: $
(2) property
(describe):
d. Defendant may file an undertaking to prevent the levy upon property as f\
ollows:
(1) amount of undertaking: $
(2) property
(describe):
e. An increase in the amount of plaintiff's undertaking is required to a to\
tal undertaking of $
An undertaking in this amount shall be filed on or before
(date):
f.
with sufficient sureties.Plaintiff shall file an undertaking by
(date):
g. h.
The amount to be secured by the attachment is reduced to $ Other:
i.
Total number of boxes checked in item 3
Date: (SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)
(TYPE OR PRINT NAME)
Page twoCV-4J (12 /03 )
has been attached
(describe):
j.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . .
ORDER TO SET ASIDE ATTACHMENT, TO
SUBSTITUTE UNDERTAKING, ETC. (Attachment)
FOR COURT USE ONLY
TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):ATTORNEY FOR
(Name): PLAINTIFF:
DEFENDANT:
CASE NUMBER:
NOTICE OF
OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH ORDER
CLAIM OF EXEMPTION
MOTION (AFTER ISSUANCE OF WRIT) FOR CLAIM OF EXEMPTION
AND MOTION FOR CLAIM OF EXEMPTION
1. To plaintiff (name):
2. You are notified that a hearing will be held in this court as follows\
: rm.:
div.:
dept.:
time:
date:
3. This opposition or claim of exemption is filed by nondefendant
(specify name and mailing address where service of opposition may be made\
) :
b.
(name and last known address of defendant) :
will oppose the issuance of a right to attach order upon the following g\
rounds (specify grounds of opposition):b.
objects to the amount sought to be secured by the attachment upon the fo\
llowing grounds (specify grounds of
opposition) : NOTICE OF OPPOSITION TO RIGHT TO ATTACH ORDER
AND CLAIM OF EXEMPTION(Attachment)
NAME OF COURT:
CITY AND ZIP CODE: BRANCH NAME:
STREET ADDRESS:
MAILING ADDRESS: defendant
(specify name) :
a.
4. Opposing party a. Page oneCV-4K (12/03)
CCP 482.030
(AT-155 [Rev. July 1, 1983])
CASE NUMBER:
SHORT TITLE: 4. c.
will claim exemption.
will move the court for an exemption from attachment of the following pr\
operty: Property exempt from execution under CCP 703.010 et seq.
(specify code section and describe property) :
(1) (a)
Property exempt under CCP 704.010 [motor vehicles] or 704.060 [tools of \
a trade] (describe all other
property of the same type, including exempt proceeds of property of the \
same type, owned by
defendant alone or in combination with others on the date of levy and id\
entify the property to which
the exemption is to be applied, regardless of whether it was levied upon\
) :(b)
Property exempt under CCP 704.100 life insurance policies] (state the nature and amount of all
other property of the same type owned by defendant or defendant's spouse\
alone or in combination
with others on the date of levy) :(2)
Property which is necessary for the support of a defendant who is a natu\
ral person and the family of the
defendant supported in whole or in part by the defendant (CCP 487.020(\
b) (describe the property and attach
a financial statement executed under oath as required in CCP 703.530) :Compensation paid or payable to a defendant employee by an employer for \
personal services performed by
the employee whether denominated as wages, salary, commission, bonus, or\
otherwise (CCP 487.020(c))
(
describe compensation) :
(3) (4)
Property not subject to attachment pursuant to CCP 487.010 (describe property): Other
(describe property and specify grounds for exemption) :
(5)
5. Defendant's affidavit supporting any factual issues and points and au\
thorities supporting any legal issues is attached.
6. Total number of pages attached:
Date: (TYPE OR PRINT NAME)
(SIGNATURE OF DEFENDANT OR ATTORNEY)
By (NAME AND TITLE) NOTICE OF OPPOSITION TO RIGHT TO ATTACH ORDER
AND CLAIM OF EXEMPTION (Attachment) Page two. . . .
. . . . . . . . . . . . . . . . . . . . . . . . \
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . CV-4K (12/03)
FOR COURT USE ONLYTELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) :
ATTORNEY FOR (Name) :
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
ORDER TO TERMINATE TEMPORARY PROTECTIVE ORDER
TO MODIFY TEMPORARY PROTECTIVE ORDER
TO VACATE TEMPORARY PROTECTIVE ORDER
1. The court has considered the application of defendant
(name): for an order
to terminate Temporary Protective Order
to modify Temporary Protective Order
to vacate Temporary Protective Order
On hearing as follows
(check boxes in items (3) and (4) to indicate personal presence) :
(1) Judge (name):
(2) Hearing date: a.
rm.:div.:dept.:
time:
Plaintiff (name) :
Attorney
(name):
(3) Defendant (name) : Attorney
(name):
(4) Ex parte.b.
2. THE COURT FINDS
The amount sought to be secured by the attachment is
a.
$
The interests of justice and equity to the parties require that the Temp\
orary Protective Order issued on
b.
(date)
:
modified.be
vacated because of the following facts
(specify): Other (specify) :c.
CV-4L (12/03)
(AT-150 [Rev. July 1, 1983]) ORDER TO TERMINATE, MODIFY, OR VACATE
TEMPORARY PROTECTIVE ORDER (Attachment) CCP 482.030CITY AND ZIP CODE:
BRANCH NAME:
STREET ADDRESS:
MAILING ADDRESS: NAME OF COURT: Page one
CASE NUMBER:
SHORT TITLE: ORDER
3. IT IS ORDERED
is
terminated upon the filing of an undertaking in the amount of
$ vacated
modified as follows
(specify) : Other
(specify) :
b. Date: \
(SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)
4. Total number of boxes checked in item 3:
.
ORDER TO TERMINATE, MODIFY, OR VACATE
TEMPORARY PROTECTIVE ORDER (Attachment) a. The Temporary Protective Order issued on
(date):
CV-4L (12/03) Page two
Plaintiff has established the probable validity of the claim upon which \
the application for the attachment is based.
TEMPORARY PROTECTIVE ORDER(Attachment)
TEMPORARY PROTECTIVE ORDER
The court has considered the application of plaintiff for a right to attach order, order for issuance of writ of attachment pursua\
nt to Chapter 4 (beginning with Code
Civ. Proc ., §
484.010), and a temporary protective order. an
ex parte right to attach order and order for issuance of writ of attachment unde\
r Chapter 5 (beginning with Code
Civ . Proc ., § 485.010).
THE COURT FINDS The amount sought to be secured by the attachment under the application \
for the right to attach is: $
The claim upon which the application for attachment is based is one upon\
which an attachment may be issued under Code of
Civil Procedure section 483.010.
The order is not sought for a purpose other than the recovery upon the c\
laim on which the application for the attachment is
based.
Great or irreparable injury will result to the plaintiff if this order i\
s not issued, based on the following: There is a danger that the property sought to be attached would be
(1) concealed.
(a) substantially impaired in value.
(b) made unavailable to levy by other than concealment or substantial impair\
ment in value.
(c) A bulk sales notice was recorded and published pursuant to Division 6 (\
beginning with section 6101) of
the Commercial Code with respect to a bulk transfer by the defendant.
(2)
(4) An escrow has been opened pursuant to the provisions of Business and Pro\
fessions Code section 24074 with respect
to the sale by the defendant of a liquor license.
The liquor license number is:(5)
Other circumstances :g.
The requirements of Code of Civil Procedure section 485.220 are satisfie\
d, but a temporary protective order should
issue instead of an ex parte right to attach order and order for issuance of writ of attachment.
before a temporary protective order shall issue,
Plaintiff must file an undertaking in the amount of: $
The property subject to the following order is
:CV-4M (12/03)
(AT-140 [Rev. January 1, 2000]) Code of Civil Procedure,
§§ 482.030, 486.010 et seq. FOR COURT USE ONLY
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF:
DEFENDANT:
CASE NUMBER:TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, state bar number, and address):
ATTORNEY FOR (Name): FAX NO.:
1.
2. a.
b.
c.
d.
e. a.
b.
(3) Defendant has failed to pay the debt underlying the requested attachment\
and is insolvent as defined in Code of Civil
Procedure section 485.010, subdivision (b)(2).
h. and plaintiff has filed an undertaking in that amount.
Defendant
is a partnership unincorporated association
natural person f.
i. corporation
other (specify) : FINDINGS
Page one
CASE NUMBER:
SHORT TITLE:
j. The following property of defendant is inventory or farm products held for sale and may be transferred in \
the ordinary
course of business (specify): Other
(specify) :
ORDER
THE COURT ORDERS
Defendant shall not transfer, directly or indirectly, any interest in th\
e property described in item 2i of the findings.
Defendant shall not dispose of the proceeds of any transfer of inventory\
or farm products held for sale except under
the following restrictions: b.
Other (specify) : c.
This order shall expire at the earliest of the following times:
Date: (SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)
(TYPE OR PRINT NAME) NOTICE TO DEFENDANT:
An undertaking has been filed with the court by plaintiff. You may objec\
t to the undertaking.
If the property is farm products held for sale or is inventory, the temp\
orary protective order may not prohibit you from
transferring the property in the ordinary course of business, but may im\
pose appropriate restrictions on the disposition of
the proceeds from such transfer. You may issue any number of checks against any of your accounts in a fin\
ancial institution in this state in any amount for
the following purposes:
(1) Payment of any payroll expense (including fringe benefits and tax\
es and premiums for workers' compensation and
unemployment insurance) falling due in the ordinary course of bus\
iness prior to the levy of a writ of attachment.
(2) Payment for goods thereafter delivered to you C.O.D. for use in yo\
ur trade, business, or profession.
(3) Payment of taxes if payment is necessary to avoid penalties which \
will accrue if there is any further delay in payment.
(4) Payment of reasonable legal fees and reasonable costs and expenses\
required for your representation in the action.
In addition, you may issue any number of checks for any purpose so long \
as the total amount of such checks does not
exceed the greater of the following:
(1) The amount by which the total amount on deposit exceeds the sum of\
the amount sought to be secured by the
attachment and the amounts permitted to be paid pursuant to this n\
otice.
(2) One thousand dollars ($1,000). CLERK'S CERTIFICATE
[SEAL]
I certify that the foregoing is a correct copy of the original on file i\
n my office.
Date:
Clerk, by , DeputyTEMPORARY PROTECTIVE ORDER
(Attachment) Page two
CV-4M (12/03) k. 2.
3.
a.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . . . . .
c. a. .
b.
Number of pages attached:
_____d.
(2) after (date): , or\
(1) when plaintiff levies upon specific property described in this ord\
er,
(3) 40 days after the issuance of this order.
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name and Address):
TELEPHONE NO.:
FOR COURT USE ONLYATTORNEY FOR
(Name): NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF:
DEFENDANT: CASE NUMBER:
UNDERTAKING BY PERSONAL SURETIES FOR
PLAINTIFF'S Attachment
Claim and DeliveryDEFENDANT'S
Plaintiff
(name): Defendant
(name):
2.
3. Amount of undertaking: $
4. Claim and delivery only Address to which notice of exception to sureties may be sent (specify):
attachment.
5. This undertaking is for
claim and delivery.
We, the undersigned, hereby submit to the jurisdiction of the court in a\
ll matters affecting our liability on this undertaking and
obligate ourselves, jointly and severally, to and including the amount s\
pecified in item 3,
ATTACHMENT
to pay defendant any amount the defendant may recover for any wrongful a\
ttachment by the plaintiff in the action
pursuant to CCP 489.210.
to pay the plaintiff the value of the property released not exceeding th\
e amount of any judgment which may be
recovered by the plaintiff in an action against the defendant pursuant t\
o CCP 489.310. to pay the plaintiff the amount of any judgment that may be recovered by\
the plaintiff in the action against the
defendant pursuant to CCP 489.320.
c.
CLAIM AND DELIVERYd.
to plaintiff, that if plaintiff recover judgment in the action, defendan\
t shall pay all costs awarded to plaintiff and all
damages that plaintiff may sustain by reason of the loss of the property\
, not exceeding the amount of this undertaking
pursuant to CCP 515.020.
to defendant, in the amount of the undertaking for the return of the pro\
perty to defendant if a return is ordered, and
for the payment of any sum defendant may recover against plaintiff, not \
exceeding the amount of this undertaking
pursuant to CCP 515.010.
6. Surety (name):
6. Surety (name):
a. Occupation:
a. Occupation:
b. Residence address:
b. Residence address:
c. Business address:
c. Business address:
d. Address for service:
d. Address for service: CV-4N (12/03)
(AT-160, CD-140 [Rev. July 1, 1983]) UNDERTAKING BY PERSONAL SURETIES
(Attachment—Claim and Delivery) a.
b.
e.
1.
Page one
CCP 482.030
CASE NUMBER:
SHORT TITLE:
I am neither an officer of the court nor a member of the State
Bar of California, but I am a resident and I am neither an officer of the court nor a member of the
State Bar of California, but I am a resident andhouseholder
householderowner of real property
within California and I am worth the amount of the bond in
real or personal property, or both, situated in this state,
over and above all my debts and liabilities, exclusive of
property exempt from enforcement of a money judgment.
within California and I am worth the amount of the bond in
real or personal property, or both, situated in this state, over
and above all my debts and liabilities, exclusive of property
exempt from enforcement of a money judgment.
8. [To be completed when undertaking exceeds $5,000.]
8. [To be completed when undertaking exceeds $5,000.]
a.
I rely on the following described property belonging to me
and situated in this state as qualifying me on the
undertaking (describe property and nature of declarant's
interest and specify best estimate of fair market value of
each item of property) : I rely on the following described property belonging to
me and situated in this state as qualifying me on the
undertaking
(describe property and nature of declarant's
interest and specify best estimate of fair market value of
each item of property) :
b. The charges, liens, impediments, or clouds against any
item of property known to me and the amounts thereof
are as follows (specify):
The charges, liens, impediments, or clouds against any
item of property known to me and the amounts thereof are
as follows
(specify):
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct. I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Date:
Date: (SIGNATURE OF SURETY)
(SIGNATURE OF SURETY)
(TYPE OR PRINT NAME) COURT APPROVAL
(Attachment only)
The undertaking is approved. Date:
(SIGNATURE OF JUDGE OR MAGISTRATE JUDGE)UNDERTAKING BY PERSONAL SURETIES
(Attachment — Claim and Delivery)
7.
a. owner of real property
7.
b.
9. 9.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . \
. . . . .
(TYPE OR PRINT NAME)
. . . .
. . . . . . . . . . . . . . . . . . . . . . . . \
. . . . . Page two
CV-4N (12/03)
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name and Address) :
TELEPHONE NO.:
FOR COURT USE ONLYATTORNEY FOR LIEN CLAIMANT:
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME: DEFENDANT:NOTICE OF LIEN (Attachment—Enforcement of Judgment)
CASE NUMBER:
ALL PARTIES IN THIS ACTION ARE NOTIFIED THAT
1. A lien is created by this notice under Article 3 (commencing with section 491.410) of Chapter 11 of Title 6.5\
of Part 2 of the Code of Civil Procedure.
Article 5 (commencing with section 708.410) of Chapter 6 of Title 9 of\
Part 2 of the Code of Civil Procedure.
a. b.
2. The lien is based on a money judgment.
b.
3. The right to attach order or the money judgment is entered in the fol\
lowing action: a. Title of court (specify):
b. Name of case (specify):
c. Number of case (specify): d.
Date of entry of judgment
(specify):
Dates of renewal of judgment (specify): e.
4. The name and address of the judgment creditor or person who obtained\
the right to attach order are (specify):
5. The name and last known address of the judgment debtor or person who\
se property is subject to the right to attach order are (specify):
6. The amount required to satisfy the judgment creditor's money judgmen\
t or to secure the amount to be secured by the attachment
at the time this notice of lien is filed is $
7. The lien created by this notice attaches to any cause of action of the p\
erson named in item 5 that is the subject of this action or proceeding and to that person's rights to money or property under an\
y judgment subsequently procured in this action or proceeding. \
\
8. No compromise, dismissal, settlement, or satisfaction of this action\
or proceeding or any of the rights of the person named in item
5 to money or property under any judgment procured in this action or pro\
ceeding may be entered into by or on behalf of that person,
and that person may not enforce any rights to money or property under an\
y judgment procured in this action or proceeding by a writ
or otherwise, unless one of the following requirements is satisfied:
a. the prior approval by order of the court in this action or proceeding\
has been obtained; b. the written consent of the person named in item
