Order: LEGALIST, INC. VS. RUSSELL MYRICK ET AL

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                                AT-120

 

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
|_Christopher D. Sullivan, SBN 148083 ‘
DIAMOND MCCARTHY LLP
150 California Street, Suite 2200, San Francisco, CA 94111
TELEPHONE NO-415-692-5200 FAXNO. (Optiona): 415-262-9200 “Baa
E-MAIL ADDRESS (Optiona'csu]livan@diamondmecarthy.com San Francisco County Superior Court,
ATTORNEY FOR ame)Plaintiff LEGALIST, INC., a Delaware corporation
‘SUPERIOR GOURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO. MAR 1 7 2020
street anpress: 400 McAllister Street

MAILING ADDRESS: , CLEBICO OF THE COURT.

caryanozipcove: San Francisco, CA 94102 BY:
BRANCH NAME: Civic Center Courthouse. a puty Clerk

PLAINTIFF: LEGALIST, INC., a Delaware corporation
DEFENDANT: RUSSEL MYRICK, an individual, et al.

FOR COURT USE ONLY

 

 

 

‘CASE NUMBER:
(1 RIGHT To ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF

ATTACHMENT AFTER HEARING ICGC-20-582932

[1] oRDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
HEARING

 

 

 

 

1. a. The application of plaintiff (name): LEGALIST, INC., a Delaware corporation
for WI a right to attach order and order for issuance of writ of attachment
(©) an order for issuance of additional writ of attachment

against the property of defendant (name): RUSSEL MYRICK

came on for hearing as follows:

(1) Judge (name): Ethan P. Schulman

(2) Hearing date: 3-17-20 Time: 9:30 a.m [GZ] Dept302 [_] Div: C5 rm:
b. The following persons were present at the hearing:

(1)[_] Plaintitt (name): (3) ] Plaintiffs attorney (name):

(2) [J Defendant (name): (4) ] Defendant's attorney (name):

. THE COURT FINDS FINDINGS
a. Defendant (specify name): RUSSEL MYRICK. isa (ZT natural person (J partnership
[—] unincorporated association [[_] corporation [__] other (specify):
b. The claim upon which the application is based is one upon which an attachment may be issued.
¢. Plaintiff has established the probable validity of the claim upon which the attachment is based.
d. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
e. The amount to be secured by the attachment is greater than zero.
f. LZ] Defendant failed to prove that all the property described in plaintiffs application is exempt from attachment.
g. (J The following property of defendant, described in plaintiffs application
(1) Cis exempt from attachment (specify):

N

(2) [1] is not exempt from attachment (specify):

h. [[-] The following property, not described in plaintiffs application, claimed by defendant to be exempt,
(1) [1 is exempt from attachment (specify):

(2) [] is not exempt from attachment (specify):

i. [21] An undertaking in the amount of. $ 10,000.00 is required before a writ shall issue, and plaintiff
[C] has GZ] hasnot filed an undertaking in that amount.
j. A Right to Attach Order was issued on (date): 3/17/20 pursuant to
LZ] Code of Civil Procedure section 484.090 (on hearing) [1 Code of Civil Procedure section 485.220 (ex parte)
k. LZ] other (specify):
Defendant did not file response or opposition to the application.
Page 1 of 2
Form, {or Optional Use RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER _ Cote of Civil Proc. §§ 482.080, 484.080;
“Arazojeew.Juy.2010' = FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) “™°8""ieSidacaser

\2AT-120

 

SHORT TITLE: CASE NUMBER:

[+- LEGALIST, INC. v. MYRICK, et al. CGC-20-582932
ORDER

 

 

 

3. THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name): RUSSEL MYRICK
in the amount of: $ 573,287.96
b. [] The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached.
c. The clerk shallissue [47] awritof attachment [_] an additional writ of attachment __ in the amount stated in item 3a
[J forthwith GZ upon the filing of an undertaking in the amount of $ 10,000.00
(1) (_] for any property of a defendant who is not a natural person for which a method of levy is provided.
(2) [71 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):
1. Bank account #5867477993 at Wells Fargo Bank, N.A.;
2. Accounts receivable, chattel paper, and general intangibles (CCP § 487.010(c)(2));
3. Money on the premises at (a) 7979 Ivanhoe Ave, Suite 200, La Jolla, CA 92037; and (b)
9841 Irvine Center Drive, Suite 140, Irvine, CA 92618 (CCP § 487.010(c)(7))

(3) [J for the property covered by a bulk sales notice with respect to a bulk transfer by defendant or the proceeds of sale
of such property, described as follows (specify):

(4) [J for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license
number is (specify):

a. [ZZ] 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 3c;
(2) any documentary evidence in defendant's possession of debt owed to defendant described in item 3c;

(3) [_] the following property in defendant's possession (specify):

 

 

 

 

 

NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST
AND PUNISHMENT FOR CONTEMPT OF COURT.

 

 

 

e. [_] Other (specify):
f. Total number of boxes checked in item 3: _5,

Karte than Pleh¢—

JUDICIAL Hr ehh BRSCHULMANL ST

ATA2O fRev. July 1, 2010) RIGHT TO ATTACH ORDER AFTER HEARING AND GRUERFERSCHULIMARE «rz:
ISSUANCE OF WRIT OF ATTACHMENT (Attachment)