On June 30, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Schulman, Bonnie Lamie,
and
Art And Elements, Inc.,
Garcia, Hugo R.,
Hines, Maricel G.,
for Unlimited Other Collections (09)
in the District Court of Santa Barbara County.
Preview
AT-105
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
_KINGSTON, MARTINEZ & HOGAN, LLP
1300 Santa Barbara Street
Santa Barbara, CA 93101
TELEPHONE FA" ”0- (°P”°”a’)i
NO*(805) 963-9585 (805) 963-2774
E-MAIL ADDRESS (Optional):
Bhogan@101freeway.com
ATTORNEY FOR (Name): Bonnie Lamie
Schulman, Plaintiff ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA Superior Court of California
STREET ADDRESS:1 100 Anacapa Street County of Santa Barbara
MAILING ADDRESS:
Darrel E. Parker, Executive Officer
Santa Barbara
CITY AND ZIP CODE: 93101 7/1/2021 11:03 AM
Anacapa Division
BRANCH NAME:
By: Sarah Sisto, Deputy
PLAINTIFF: Bonnie Lamie Schulman
DEFENDANT: Maricel G. Hines, Hugo R. Garcia, and Art and Elements, Inc. and DOES 1—10
APPLICATION FOR CASE NUMBER:
RIGHT TO ATTACH ORDER [:i TEMPORARY PROTECTIVE ORDER
ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
[:1 ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT 21CV02581
After Hearing [:3 Ex Parte
E] Against Property of Nonresident
1. Bonnie Lamie
Plaintiff (name): Schulman
applies after hearing D ex parte for
a. a right to attach order and writ of attachment.
b. E3 an additional writ of attachment.
c a temporary protective order.
d. an order directing the defendant to transfer to the levying officer possession of
(1) m property in defendant's possession.
(2) E documentary evidence in defendant's possession of title to property.
(3) E3 documentary evidence in defendant's possession of debt owed to defendant.
2. Defendant (name): Maricel G. Hines
a. is a natural person who
(1) resides in California.
(2) E3 does not reside in California.
b. [j is a corporation
(1) D qualified to do business in California.
(2)1:l not qualified to do business in California.
c‘ E] is a California partnership or other unincorporated association.
d. D is a foreign partnership that
(1) E: has filed a designation under Corporations Code section 15800.
(2) E has not filed a designation under Corporations Code section 15800.
e. D is other (specify):
3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one):
Code of Civil Procedure section 483.010 [:3 Welfare and Institutions Code section 15657.01.
4. Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based.
5. Plaintiff has no information or belief that the claim is discharged or the prosecution of the action is stayed in a proceeding under
of the United States Code (Bankruptcy).
title 11
Page1of 3
We °‘
FmAwrovedwrowwa'Use APPLICATION
Judicial Council of California FOR RIGHT To ATTACH ORDER, C‘Vi'ngggfgfi3333333;31352353;
AT~1osrRev-Iuw1.2owi TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) www.coum-nmagov
LexisNexis® Automated California Judicial Council Farms
AT-1 05
SHORT TITLE CASE NUMBER:
Schulman vs. Hines, et a1. 21CV02581
6. a. Ptaintiff‘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 license 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.
b. E Plaintiffs claim or claims arise out of conduct of a natural person who or an entity that has taken, secreted. appropriated,
obtained or retained, or assisted in taking. secreting. appropriating. obtaining, or retaining real or personal property of an elder
or dependent adult for a wrongful use, with intent to defraud. or by using undue influence.
7. The facts showing plaintiff is entitled to a judgment on the claim up on which the attachment is based are set forth
with particularity
in the
a. verified complaint.
b_ attached affidavit or declaration. '
c. following facts (specify): Defendants borrowed $150,000 from plaintiff in October, 2017 and Slgned a
promissory note for that amount bearing interest at 12% per annum which became due and payable
on October, 2018 and required monthly interest payments of $1,500. Defendants failed to pay all the
required interest payments and defaulted on the October, 2018 principal payment.
8. The amount to be secured by the attachment is: $ 176,800.00
a. which includes estimated costs of: $ 1,000.00
b. D which includes estimated allowable attorney fees of: $
9. 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:
a. Any property of a defendant who is not a natural person.
b. E Any property of a nonresident defendant.
c. Property of a defendant who is a natural person that is subject to attachment under Code of Civil Procedure section
487.010 (specify): 1) All real property owned by defendant including 89 Butterfly Lane, Santa
Barbara, CA 93108; and
2) All deposit accounts in excess of $1,000.00.
d. [:3 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):
e. E Plaintiff’s pro rata share of proceeds from an escrow in which defendant's liquor license is sold (specify license number):
10. Plaintiff is informed and believes that the property sought to be attached is not exempt from attachment.
11. E The court issued a Right to Attach Order on (date):
(Attach a copy.)
12. Nonresident defendant has not filed a general appearance.
AT—ws (Rev lulu-2°10] APPLICATION FOR RIGHT To ATTACH ORDER, Pasezm
TEMPORARY PROTECTIVE ORDER, ETc. (Attachment)
LexisNexis® Automated California Judicial Council Forms
AT-1 05
SHORT TITLE: CASE NUMBER:
Schulman vs. Hines, et a1.
21CV02581
13. a. E
Plaintiff alleges on ex pane application for order for writ of attachment
E is informed and believes on application for temporary protective order
that plaintiff will suffer great or irreparable injury if the order is not issued before the matter can be heard on notice because
(1) E it may be inferred that there is a danger that the property sought to be attached will be
(mm concealed.
(mm substantially impaired in value.
(c)E made unavailable to levy by other than concealment or impairment in value.
(2) E defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil
Procedure section 485.01 O(b)(2).
(3) E a bulk sales notice wasrecorded and published pursuant to division 6 of the Commercial Code with respect to a bulk
transfer by the defendant.
(4) E an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to
the sale by the defendant.
(5) D other circumstances (specify):
b.The statements in item 13a are established by D the attached affidavit or declaration
E the following facts (specifil):
14. D Plaintiff requests the following relief by temporary protective order (specify):
15. Plaintiff
a. E has filed an undertaking in the amount of: $
b. has not filed an undertaking.
’
r
D ate: (o
M/aBjuce W. Hogan
(TYPE OR PRINT NAME OF PLAINTIFF 0R PLAINTIFF'S ATTORNEY) (SIGWE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY)
DECLARATION
Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: aé" 56 T
Bonnie Lamie Schulman
(TYPE OR PRINT NAME)
flaw (SIGNATURE OF DECLARANT)
16. Number of pages attached:
Page 3 of 3
AT"°5[R°"'J“'V1'2°1°] APPLICATION FOR RIGHT TO ATTACH ORDER,
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
I avicNavi cm Autnmnrp/I California Judicial Emma” Farms
Document Filed Date
July 01, 2021
Case Filing Date
June 30, 2021
Category
Unlimited Other Collections (09)
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Preview
AT-105 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY _KINGSTON, MARTINEZ & HOGAN, LLP 1300 Santa Barbara Street Santa Barbara, CA 93101 TELEPHONE FA" ”0- (°P”°”a’)i NO*(805) 963-9585 (805) 963-2774 E-MAIL ADDRESS (Optional): Bhogan@101freeway.com ATTORNEY FOR (Name): Bonnie Lamie Schulman, Plaintiff ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA Superior Court of California STREET ADDRESS:1 100 Anacapa Street County of Santa Barbara MAILING ADDRESS: Darrel E. Parker, Executive Officer Santa Barbara CITY AND ZIP CODE: 93101 7/1/2021 11:03 AM Anacapa Division BRANCH NAME: By: Sarah Sisto, Deputy PLAINTIFF: Bonnie Lamie Schulman DEFENDANT: Maricel G. Hines, Hugo R. Garcia, and Art and Elements, Inc. and DOES 1—10 APPLICATION FOR CASE NUMBER: RIGHT TO ATTACH ORDER [:i TEMPORARY PROTECTIVE ORDER ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT [:1 ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT 21CV02581 After Hearing [:3 Ex Parte E] Against Property of Nonresident 1. Bonnie Lamie Plaintiff (name): Schulman applies after hearing D ex parte for a. a right to attach order and writ of attachment. b. E3 an additional writ of attachment. c a temporary protective order. d. an order directing the defendant to transfer to the levying officer possession of (1) m property in defendant's possession. (2) E documentary evidence in defendant's possession of title to property. (3) E3 documentary evidence in defendant's possession of debt owed to defendant. 2. Defendant (name): Maricel G. Hines a. is a natural person who (1) resides in California. (2) E3 does not reside in California. b. [j is a corporation (1) D qualified to do business in California. (2)1:l not qualified to do business in California. c‘ E] is a California partnership or other unincorporated association. d. D is a foreign partnership that (1) E: has filed a designation under Corporations Code section 15800. (2) E has not filed a designation under Corporations Code section 15800. e. D is other (specify): 3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one): Code of Civil Procedure section 483.010 [:3 Welfare and Institutions Code section 15657.01. 4. Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based. 5. Plaintiff has no information or belief that the claim is discharged or the prosecution of the action is stayed in a proceeding under of the United States Code (Bankruptcy). title 11 Page1of 3 We °‘ FmAwrovedwrowwa'Use APPLICATION Judicial Council of California FOR RIGHT To ATTACH ORDER, C‘Vi'ngggfgfi3333333;31352353; AT~1osrRev-Iuw1.2owi TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) www.coum-nmagov LexisNexis® Automated California Judicial Council Farms AT-1 05 SHORT TITLE CASE NUMBER: Schulman vs. Hines, et a1. 21CV02581 6. a. Ptaintiff‘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 license 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. b. E Plaintiffs claim or claims arise out of conduct of a natural person who or an entity that has taken, secreted. appropriated, obtained or retained, or assisted in taking. secreting. appropriating. obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use, with intent to defraud. or by using undue influence. 7. The facts showing plaintiff is entitled to a judgment on the claim up on which the attachment is based are set forth with particularity in the a. verified complaint. b_ attached affidavit or declaration. ' c. following facts (specify): Defendants borrowed $150,000 from plaintiff in October, 2017 and Slgned a promissory note for that amount bearing interest at 12% per annum which became due and payable on October, 2018 and required monthly interest payments of $1,500. Defendants failed to pay all the required interest payments and defaulted on the October, 2018 principal payment. 8. The amount to be secured by the attachment is: $ 176,800.00 a. which includes estimated costs of: $ 1,000.00 b. D which includes estimated allowable attorney fees of: $ 9. 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: a. Any property of a defendant who is not a natural person. b. E Any property of a nonresident defendant. c. Property of a defendant who is a natural person that is subject to attachment under Code of Civil Procedure section 487.010 (specify): 1) All real property owned by defendant including 89 Butterfly Lane, Santa Barbara, CA 93108; and 2) All deposit accounts in excess of $1,000.00. d. [:3 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): e. E Plaintiff’s pro rata share of proceeds from an escrow in which defendant's liquor license is sold (specify license number): 10. Plaintiff is informed and believes that the property sought to be attached is not exempt from attachment. 11. E The court issued a Right to Attach Order on (date): (Attach a copy.) 12. Nonresident defendant has not filed a general appearance. AT—ws (Rev lulu-2°10] APPLICATION FOR RIGHT To ATTACH ORDER, Pasezm TEMPORARY PROTECTIVE ORDER, ETc. (Attachment) LexisNexis® Automated California Judicial Council Forms AT-1 05 SHORT TITLE: CASE NUMBER: Schulman vs. Hines, et a1. 21CV02581 13. a. E Plaintiff alleges on ex pane application for order for writ of attachment E is informed and believes on application for temporary protective order that plaintiff will suffer great or irreparable injury if the order is not issued before the matter can be heard on notice because (1) E it may be inferred that there is a danger that the property sought to be attached will be (mm concealed. (mm substantially impaired in value. (c)E made unavailable to levy by other than concealment or impairment in value. (2) E defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil Procedure section 485.01 O(b)(2). (3) E a bulk sales notice wasrecorded and published pursuant to division 6 of the Commercial Code with respect to a bulk transfer by the defendant. (4) E an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to the sale by the defendant. (5) D other circumstances (specify): b.The statements in item 13a are established by D the attached affidavit or declaration E the following facts (specifil): 14. D Plaintiff requests the following relief by temporary protective order (specify): 15. Plaintiff a. E has filed an undertaking in the amount of: $ b. has not filed an undertaking. ’ r D ate: (o M/aBjuce W. Hogan (TYPE OR PRINT NAME OF PLAINTIFF 0R PLAINTIFF'S ATTORNEY) (SIGWE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) DECLARATION Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: aé" 56 T Bonnie Lamie Schulman (TYPE OR PRINT NAME) flaw (SIGNATURE OF DECLARANT) 16. Number of pages attached: Page 3 of 3 AT"°5[R°"'J“'V1'2°1°] APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) I avicNavi cm Autnmnrp/I California Judicial Emma” Farms