Fill and Sign the Justia Ex Parte Right to Attach Order and Order for Issuance of Form

AT- 125 FOR COURT USE ONLY STREET ADDRES S: MAILING ADDRE SS: CITY AND ZIP CODE: BRANCH NAM E: PLAINT IFF: DEFENDANT: EX PARTE CASE NUM BER: RIGHT TO ATTACH OR DER AND ORDER FOR ISSUAN CE OF WRIT OF ATTACHMENT (RESIDENT) ORD ER FOR ISSUANCE OF ADDITI ONAL WRIT OF ATTACHMENT (RES IDENT) 1. The appl icati on and supporting decla ration or affid avit of plaintiff (name): for an ex parte right to attach order and order fo r issuance of writ of attachment has been consid ered by the court. order fo r issuance of an ad ditional writ of attachment FINDINGS THE CO URT FINDS a. Defenda nt (specify name): is a natural person other (specify): partnership uni ncorporated asso ciation corporation b. Th e cla im up on w hich the app lication is based is o ne u pon wh ich an attachment may be issued unde r Co de of Civil Procedure secti on 483.010 W elfare a nd Instit utions Co de section 15 657.01. c. Plaintiff has estab lished the probabl e val idity of the clai m upon whi ch the attachment is ba sed. d. Th e a ttachment is not sou ght for a purpo se other th an re covery on th e claim upo n wh ich the app lication is based. e. Th e a mou nt to b e secured by the a ttachment is greater than zero. f. The affid avit or declaration accompanying the appl icati on sh ows that the prope rty sou ght to b e attached, o r the porti ons the reof to be specified in th e writ, are not exempt from attachment. g. Th e portio n of th e prop erty so ught to be attache d de scrib ed in item 3b, is not exempt from a ttachment. h. An undertaking in the amo unt of: $ has has not filed an undertaking in that amount. i. Great or irreparab le injury will result to the plaintiff if issuance of the or der is delayed until th e matte r can be heard on notice, based on the f ollowing: (1) Th ere i s a dang er that the property soug ht to be attached would be (b) conceal ed. (a) substantially impaired in valu e. (c) made unavai lable to levy by other than concea lme nt or imp airme nt in value . (2) Defenda nt has fa iled to pa y the debt under lying the requested attachm ent a nd is in solvent as defined in Cod e of Civil Procedure sectio n 485.010(b)(2), as se t fo rth in the affidavit o r decla ration filed in supp ort of this appli cation, and that specifies the de fen dant's known undi spute d debts and the basis for plain tiff's det ermin ation that the de fend ant's debts are undi spute d. A bulk sal es no tice was recorded and publ ished pursuan t to divisi on 6 of the Commerci al Code with resp ect to a bu lk transfe r by the defend ant. (3) An escrow has been op ened pursuan t to the provisions of Busine ss and Profe ssio ns Cod e section 240 74 with respect to the sale by the de fen dant o f a liquo r licen se. The liquor license number is: Other circu mstances (specify): (4) (5) pursuan t to j. A Ri ght to Attach Order wa s issued on (date) : Code of Civil Proce dure section 485 .22 0 (ex parte) Code of Civil Pro cedure se ction 48 4.09 0 (on no tice) k. other (specify): EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMEN T ( RESI DENT) (At tachm ent ) Code of Civil Procedure, Form Approved for Op tional Use Judicial Cou ncil of California AT-125 [Rev. July 1, 2010] §§ 482.030,485.010 et seq.; 2. is re quired before a wri t shall issue, and plain tiff ATTORNE Y OR P ARTY WITHO UT AT TORNEY (Name, Sta te Bar number, and ad dress): FAX NO . (Optional): TELEPHONE N O.: ATTORNE Y FOR (Nam e): E-MAIL A DDRES S (Optional): SUPERIOR COURT OF CALIF ORNIA, COUNTY OF Page 1 of 2 Wel fare & Institutions Cod e, § 15 657.01 SHORT TITLE: CASE NUMBER: ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name): in the amount of: $ an additional writ of attachment a writ of attachment in the amount state in item 3a b. The clerk shall issue forthwith upon the filing of an undertaking in the amount of: $ (1)for the property covered by a bulk sales notice with respect to a bulk transfer by defendant or the proceeds of the sale of such property, described as follows (specify): (2) for plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): for any property of a defendant who is not a natural person for which a method of levy is provided. for property of a defendant who is a natural person subject to attachment under Code of Civil Procedure section 487.010 (specify): (3) (4) Defendant shall transfer to the levying officer possession of (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): e. Total number of boxes checked in item 3: Date: (JUDICIAL OFFICER) AT-125 [Rev. July 1, 2010] EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment) Page 2 of 2 c. d. AT-125