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Fill and Sign the Court Has Considered the Application of Plaintiff Name Form

Fill and Sign the Court Has Considered the Application of Plaintiff Name Form

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AT- 140 FOR CO URT US E O NLY PLAINTI FF: DEF ENDANT: CASE NUMBE R: TEMPORARY PROTECTIVE ORDER The court h as consid ered the ap plication of plaintiff (name): a. a ri ght to attach order, order fo r iss uance of writ of attachment pursuant to chapter 4 (begi nning with Code Civ. Proc., § 484.010 ), and a temporary protective order. an ex parte right to attach order and or der for issuance of writ of attachment under Chapter 5 (beg innin g wi th Code Civ. Proc., § 48 5.0 10). b. FINDI NGS THE COURT FINDS na tural pe rson partne rship uni ncorporate d association corporation The amount sou ght to be se cured by the attachment un der t he app lication fo r th e right to attach is: $ The claim upon which the appli cation for attachment is bas ed is one upon whi ch an attachme nt may be issued un der Code of Civi l Procedu re section 483.010 Welfare and Institutions Code sectio n 15657.01. (1) There is a da nger tha t th e prop erty so ught to be attached wo uld be concealed (a) substan tially impa ired in va lue. (b) made un availa ble to levy by other th an co ncealment o r substantia l impairment in valu e. (c) (2) Defe ndant h as faile d to pay the de bt unde rlying the requ ested attachme nt and is insolven t as defined in Code of Civil Proced ure section 485 .01 0(b)(2 ). A bulk sales notice was recorded an d publishe d pursuant to d ivision 6 (begin ning with se ction 61 01) of (3) the Commerci al Code with respe ct to a bulk transfer by the defendan t. (4) An escrow has b een open ed p ursuant to the provisio ns of Bu siness an d Professions Code secti on 24074 with respect (5) The requ ireme nts of Cod e of Civil Pro cedure section 48 5.2 20 are satisfied, b ut a temporary prote ctive order sh ould g. issue inste ad of an ex parte righ t to atta ch orde r and order fo r issuance of writ of atta chmen t. befo re a temp orary protec tive orde r will issue, Plaintiff must file an un derta king in the amoun t of: $ and plain tiff ha s filed an unde rtakin g in that amou nt. The property subj ect to the followin g o rder is: TEMPORA RY PROT ECT IVE OR DER (Attach men t) Code of Civil P rocedure, Form Approved for Op tional Us e Judicia l Cou ncil of Cali fornia AT-140 [Re v. July 1 , 2011] §§ 482.030, 486.010 et seq.; other (specify) : to th e sal e by the defendan t of a liqu or license. Th e liquor license number is: Other circumstan ces: Defendant (nam e): Page 1 of 2 Welfare & Institution s Code, § 15657.01 STRE ET ADDRES S: MAILING ADDRES S: CITY AND ZI P CO DE: BRA NCH NAME : ATTORNE Y OR P ARTY WITHO UT ATTO RNEY (Name, State Bar number, and address): FAX NO .: TELEPHONE N O.: ATTORNEY FOR (Name): E-MA IL ADDRE SS: SUPERIOR COURT OF CAL IFORNIA, COUNTY OF 1. 2. a. b. c. d. e. f. Gre at or irrep arable inj ury to the pla intiff will re sult if this order is no t issued, based on the follow ing: The o rder is not sou ght for a purpo se other than the recovery upon the cla im up on which the applica tion for the atta chmen t is based. Plai ntiff ha s establish ed the proba ble va lidi ty of the cl aim up on which the ap plication for the attachment is based . h. i. is a for CASE NUMBER: SHORT TITLE: The following property of defendant is inventory or farm products held for sale and may be transferred in the ordinary 2. k. Other (specify): ORDER Defendant shall not transfer, directly or indirectly, any interest in the 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 b. Other (specify): c. This order will expire at the earliest of the following times: (1) When plaintiff levies upon specific property described in this order; (2) After (date): ; or (3) 40 days after the issuance of this order. Number of pages attached: Date: (SIGNATURE OF JUDICIAL OFFICER) (TYPE OR PRINT NAME) NOTICE TO DEFENDANT: An undertaking has been filed with the court by plaintiff. You may object to the undertaking. a. You may issue any number of checks against any of your accounts in a financial institution in this state in any amount for the following purposes: (1) Payment of any payroll expense (including fringe benefits and taxes and premiums for workers' compensation and unemployment insurance) falling due in the ordinary course of business prior to the levy of a writ of attachment. (2) Payment for goods thereafter delivered to you C.O.D. for use in your 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. b. 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 notice. (2) One thousand dollars ($1,000). c. If the property is farm products held for sale or is inventory, the temporary protective order may not prohibit you from transferring the property in the ordinary course of business, but may impose appropriate restrictions on the disposition of the proceeds from such transfer. [SEAL] CLERK'S CERTIFICATE I certify that the foregoing is a correct copy of the original on file in my office. Date: Clerk, by , Deputy AT-140 [Rev. July 1, 2011] Page 2 of 2 TEMPORARY PROTECTIVE ORDER (Attachment) course of business (specify): the following restrictions: AT-140 j. 3. THE COURT ORDERS a. d. 4.

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