Fill and Sign the To Determine Sufficiency of Plaintiffs Sureties 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: 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)