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AT-115
ATTORNEY OR PARTY WITHOUT ATTORNEY IName, Stale Sar numaer and address) FOR COURT USE ONLY
Christopher D. Sullivan, SBN 148083
IAMOND MCCARTHY LLP
150 California Street, Suite 2200, San Francisco, CA 94111
TELEPHDNENQ
415 692 52QQ FAxmo toPa Ir
415 262 920Q
csulilvan@djamondmccaithy corn
9-MAiunooREsstopconail ELECTRONICALLY
ATTORNEY FOR tmamel
F I L E D
sUPERIQR CQURT QF cALIFQRNIA, coUNTYoF SAN FRANCISCO Superior Court of California,
County of San Francisco
sTREETADDREss 400 McAllister Street
MAILING ADDRESS.
02/14/2020
ciTYANozipcoos: San Francisco, CA 94102 Clerk of the Court
~ANCHNAME Civic Center Courthouse BY: ERNALYN BURA
Deputy Clerk
PIAIIJTI«: LEGALIST, INC., a Delaware corporation
oEFENOANT: RUSSEL MYRICK, an individual; et al.
CASE NUMBER.
NOTICE OF APPLICATION AND HEARING FOR
CGC-20-582932
RIGHT TO ATTACH ORDER
ORDER FOR ISSUANCE OF Reservation No. 021403 1 7-03
CH WRIT OF ATTACHMENT
C] ADDITIONAL WRIT OF ATTACHMENT
1. Notice to defendant (name, address, and telephone number, if known):
RUSSEL MYRICK,and RDM LEGAL GROUP, 7979 Ivanhoe Ave., Suite 400, La Jolla, CA 92037,
(888) 482-8266
2. Plaintiff has filed an application for
a.~J a right to attach order and writ ofattachment. (Checkitems6a, 65, and 6d(f).)
b.
c.~
~v a writ of attachment. (Checkitem 6d(2).)
an additional wnt of attachment. (Checkitem 6d(2).)
3. A hearing on plaintiffs applicatian will be held in this court as follows:
Date. 3/1 7/2Q Time;9 30 a m Dept.: 3Q2 Divu Rmc
4. The request of plaintiff for an order is based upon the application and affidavit or declaration filed and served with this notice and is
5.
made urlder a
b.~~V Code of Civil Procedure section 483 010 (Check item 6h(2)(a) )
Welfare and Institutions Code section 15657.01.(Check item 6h(2)(h).)
Your attention is directed to the following sections of the Code of Civil Procedure and Welfare and Institutions Code that set forth
when an attachment may or may not be issued, the manner of calculating the amount to be secured by the attachment, the court's
discretion to include costs and attorney's fees, and special limitations on the amount to be secured by attachment in unlawful
Inst. Code, I) 15657.01.
detainer proceedings: Code Civ. Proc., %II 482.110, 483.010, 483.015, 483.020; Welf. 8
6. You are notified that
a.Z3 A right to attach order will be issued if the court finds at the hearing that plaintiffs claim is probably valid and the other
requirements for issuing the order are established. This hearing may include both written and oral presentations but is not
for the purpose of determining whether the claim is actually valid. Determination of the actual vahdity of the claim will be
made in subsequent proceedings in the action and will nat be affected by the decision at the hearing on the application for
the order.
b. M~ If you desire to oppose the issuance of a right to attach order or object to the amount to be secured by the attachment as
provided in Code of Civil Procedure section 483.015 (or Code of Civil Procedure section 483.020 in unlawful detainer
actions), you must file with this court and serve on plaintiff (no later than five court days prior to the date set for heanng in
item 3) a notice of opposition and supporting declaration or affidavit as required by Code of Civil Procedure section
484.060.
c. If a ffight to attach order is or has been issued, a writ of attachment will be issued to attach your property descnbed in plaintiff's
application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount
necessary to satisfy the amount to be secured by the attachment. However, since the right to attach order will not necessarily be
limited to your property described in plaintiffs application, a writ of attachment may later be issued to attach other nonexempt
property of yours. Prise I ct 3
codsciv Proc..fa482030,484010etsent
Use
Form Approved for Op ao net
Judimal Council ot California
NOTICE OF APPLICATION AND HEARING FOR RIGHT TO
AT-1 18 [Rev. July 1, 2010lATTACH ORDER AND WRIT OF ATTACHMENT (Attachment)
AT-115
SHORT TITLE CASE NUMBER
CCC-20-562932
LEGAI IST, INC v. MYRICK, et al.
6. d. that all or some portion of the properly descnbed
If you claim inplaintiffs application is exempt from attachment, you must, no
later than five court days prior to this hearing,
(1)My'nclude your claim ofexemption in your notice of opposition filed and served pursuant to Code of Civil Procedure
section 484.060 or file and serve a separate claim of exemption with respect to the property as provided
inCode of
Civil Procedure section 464.070,
(2) ~J'ile with the court and serve on plaintiffs as provided
claim ofexemption with respect to the property inCode of Civil
Procedure section 484 350.
lf you fail to make a daim of exemption with respect to personal property, or make a claim of exemption with respect to real or
personal property, but fail to prove that the property is exempt, any further claim of exemption with respect to the property will be
barred unless you show a change in arcumstances occurring after expiration of the time for claiming exemptions.
e. Claims of exemption resulting from a change of circumstances, whether after denial of a previous claim or expiration of the time
for claiming exemptions, may be asserted as provided in Code of Civil Procedure section 482.100.
f. You may obtain a determination at the hearing whether properly not described in the application is exempt from attachment.
Your failure to claim that property not described in the application is exempt from attachment will not preclude you from making
a daim of exemption with respect to the property at a later time.
g. You may also obtain a determination at the hearing whether the amount sought to be secured by the attachment will be
reduced by
(1) the amount of any money judgment in your favor and against plaintiff that remains unsatisfied and enforceable;
(2) the amount of any indebtedness of the plaintiff that you have claimed in a cross-complaint filed in the action if your claim is
one upon which an attachment could be issued;
(3) the amount of eny claim asserted by you as a defense in the answer pursuant to Code of Civil Procedure section 431.70 if
the daim is one upon which an attachment could have been issued had an action been brought on the claim when it was not
barred by the statute of limitations; or
(4) the value of any security interest in your property held by plaintiff to secure the indebtedness claimed by plaintiff, together
with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the
secunty interest.
h. The amount to be secured by an attachment is determined pursuant to the following statutes
(1)Code ofCivilProcedure section 482.110. A writ of attachment may include an estimate of the costs and allowable
attorney fees.
~f
(2) (a) Code of Civil Procedure section 483.010. An attachment may issue on a claim for $ 500 or more based on a
contract, express or implied, exclusive of atlorney fees, costs, and interests. If the claim was originally secured by an
interest in real property (e.g., a mortgage or trust deed), an attachment may issue only if the security has become
valueless or has decreased in value to less than the amount ovnng on the claim, through no fault of plaintiff or the
(b) ~ security holder (if different from plaintiff).
Welfare and Institutions Code section 16657.01. An attachment may issue on a claim based on the 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 undue influence.
(3)Cods of Civil Procedure section 483.015. The amount to be attached includes the amount of the indebtedness claimed by
plaintiff, plus estimated costs and allowable attorney fees, reduced by the sum of the following.
(a) the amount of any unsatisfied money Judgment held by defendant against plaintiff;
(b) the amount of any indebtedness of plaintiff daimed by defendant in a cross-complaint filed in the action (if a writ of
ahachment could issue on the claim);
(c) the amount of any cross-demand for money owed by plaintiff to defendant that is barred by the statute of limitations (but
assertable as a Code of Civil Procedure section 431.70 defense) if the debt was one upon which a wnt of attachment
could have been issued before the statute of limitations ran; and
(d) the amount of any security interest held by plaintiff in defendant's properly, together with any decrease in the value of the
underlying security caused by plainbff or a pnor security holder.
AT-110 IRuu July 1, 0010I NOTICE OF APPLICATION AND HEARING FOR RIGHT TO PS01 1 uf 1
ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment)
AT-115
SHORT TITLE: CASE NUMBER:
LEGALIST, INC v. MYRICK, et al. (64-20-532932
6 h. (4)Code of Civil Procedure section 483.020. An attachment ordered in an unlawful detainer proceeding may include
(a} the amount of rent past due when the complaint is filed;
(b) an additional amount for the estimated rent due from the date the complaint was filed until the estimated date of
judgment or delivery of possession to plaintiff; plus
(c) estimated costs and attorney fees.
Any prepaid rent or lease deposits held by plaintiff are disregarded in the calculation of the amount of attachment.
However, the amount of attachment will be reduced by the amounts described in Code of Civil Procedure section 483 Ot 5
(see item 6h(3) above).
Either you or your attorney or both of you may be present at the hearing.
j. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH PLAINTIFFS APPLICATION.
THE ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT THE A'TTORNEY MAY ASSIST YOU BEFORE THE
TIMES FOR FILING YOUR OPPOSITION AND CLAIMS OF EXEMPTION AND AT THE HEARING.
oats: 2/12/2020
Christopher D. Sullivan
(TYPE OR PRINT NAME OF PLAINTIFF OR PU(INTIFPS ATTORNEY) (SIGNATURE OF PLAINTIFF OR PLAINTIFFS
ATTORNEY)
AT.115 (Reu. July I, 2010) NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Pe su 3 ef 5
ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment)
Preview
AT-115 ATTORNEY OR PARTY WITHOUT ATTORNEY IName, Stale Sar numaer and address) FOR COURT USE ONLY Christopher D. Sullivan, SBN 148083 IAMOND MCCARTHY LLP 150 California Street, Suite 2200, San Francisco, CA 94111 TELEPHDNENQ 415 692 52QQ FAxmo toPa Ir 415 262 920Q csulilvan@djamondmccaithy corn 9-MAiunooREsstopconail ELECTRONICALLY ATTORNEY FOR tmamel F I L E D sUPERIQR CQURT QF cALIFQRNIA, coUNTYoF SAN FRANCISCO Superior Court of California, County of San Francisco sTREETADDREss 400 McAllister Street MAILING ADDRESS. 02/14/2020 ciTYANozipcoos: San Francisco, CA 94102 Clerk of the Court ~ANCHNAME Civic Center Courthouse BY: ERNALYN BURA Deputy Clerk PIAIIJTI«: LEGALIST, INC., a Delaware corporation oEFENOANT: RUSSEL MYRICK, an individual; et al. CASE NUMBER. NOTICE OF APPLICATION AND HEARING FOR CGC-20-582932 RIGHT TO ATTACH ORDER ORDER FOR ISSUANCE OF Reservation No. 021403 1 7-03 CH WRIT OF ATTACHMENT C] ADDITIONAL WRIT OF ATTACHMENT 1. Notice to defendant (name, address, and telephone number, if known): RUSSEL MYRICK,and RDM LEGAL GROUP, 7979 Ivanhoe Ave., Suite 400, La Jolla, CA 92037, (888) 482-8266 2. Plaintiff has filed an application for a.~J a right to attach order and writ ofattachment. (Checkitems6a, 65, and 6d(f).) b. c.~ ~v a writ of attachment. (Checkitem 6d(2).) an additional wnt of attachment. (Checkitem 6d(2).) 3. A hearing on plaintiffs applicatian will be held in this court as follows: Date. 3/1 7/2Q Time;9 30 a m Dept.: 3Q2 Divu Rmc 4. The request of plaintiff for an order is based upon the application and affidavit or declaration filed and served with this notice and is 5. made urlder a b.~~V Code of Civil Procedure section 483 010 (Check item 6h(2)(a) ) Welfare and Institutions Code section 15657.01.(Check item 6h(2)(h).) Your attention is directed to the following sections of the Code of Civil Procedure and Welfare and Institutions Code that set forth when an attachment may or may not be issued, the manner of calculating the amount to be secured by the attachment, the court's discretion to include costs and attorney's fees, and special limitations on the amount to be secured by attachment in unlawful Inst. Code, I) 15657.01. detainer proceedings: Code Civ. Proc., %II 482.110, 483.010, 483.015, 483.020; Welf. 8 6. You are notified that a.Z3 A right to attach order will be issued if the court finds at the hearing that plaintiffs claim is probably valid and the other requirements for issuing the order are established. This hearing may include both written and oral presentations but is not for the purpose of determining whether the claim is actually valid. Determination of the actual vahdity of the claim will be made in subsequent proceedings in the action and will nat be affected by the decision at the hearing on the application for the order. b. M~ If you desire to oppose the issuance of a right to attach order or object to the amount to be secured by the attachment as provided in Code of Civil Procedure section 483.015 (or Code of Civil Procedure section 483.020 in unlawful detainer actions), you must file with this court and serve on plaintiff (no later than five court days prior to the date set for heanng in item 3) a notice of opposition and supporting declaration or affidavit as required by Code of Civil Procedure section 484.060. c. If a ffight to attach order is or has been issued, a writ of attachment will be issued to attach your property descnbed in plaintiff's application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. However, since the right to attach order will not necessarily be limited to your property described in plaintiffs application, a writ of attachment may later be issued to attach other nonexempt property of yours. Prise I ct 3 codsciv Proc..fa482030,484010etsent Use Form Approved for Op ao net Judimal Council ot California NOTICE OF APPLICATION AND HEARING FOR RIGHT TO AT-1 18 [Rev. July 1, 2010lATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) AT-115 SHORT TITLE CASE NUMBER CCC-20-562932 LEGAI IST, INC v. MYRICK, et al. 6. d. that all or some portion of the properly descnbed If you claim inplaintiffs application is exempt from attachment, you must, no later than five court days prior to this hearing, (1)My'nclude your claim ofexemption in your notice of opposition filed and served pursuant to Code of Civil Procedure section 484.060 or file and serve a separate claim of exemption with respect to the property as provided inCode of Civil Procedure section 464.070, (2) ~J'ile with the court and serve on plaintiffs as provided claim ofexemption with respect to the property inCode of Civil Procedure section 484 350. lf you fail to make a daim of exemption with respect to personal property, or make a claim of exemption with respect to real or personal property, but fail to prove that the property is exempt, any further claim of exemption with respect to the property will be barred unless you show a change in arcumstances occurring after expiration of the time for claiming exemptions. e. Claims of exemption resulting from a change of circumstances, whether after denial of a previous claim or expiration of the time for claiming exemptions, may be asserted as provided in Code of Civil Procedure section 482.100. f. You may obtain a determination at the hearing whether properly not described in the application is exempt from attachment. Your failure to claim that property not described in the application is exempt from attachment will not preclude you from making a daim of exemption with respect to the property at a later time. g. You may also obtain a determination at the hearing whether the amount sought to be secured by the attachment will be reduced by (1) the amount of any money judgment in your favor and against plaintiff that remains unsatisfied and enforceable; (2) the amount of any indebtedness of the plaintiff that you have claimed in a cross-complaint filed in the action if your claim is one upon which an attachment could be issued; (3) the amount of eny claim asserted by you as a defense in the answer pursuant to Code of Civil Procedure section 431.70 if the daim is one upon which an attachment could have been issued had an action been brought on the claim when it was not barred by the statute of limitations; or (4) the value of any security interest in your property held by plaintiff to secure the indebtedness claimed by plaintiff, together with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the secunty interest. h. The amount to be secured by an attachment is determined pursuant to the following statutes (1)Code ofCivilProcedure section 482.110. A writ of attachment may include an estimate of the costs and allowable attorney fees. ~f (2) (a) Code of Civil Procedure section 483.010. An attachment may issue on a claim for $ 500 or more based on a contract, express or implied, exclusive of atlorney fees, costs, and interests. If the claim was originally secured by an interest in real property (e.g., a mortgage or trust deed), an attachment may issue only if the security has become valueless or has decreased in value to less than the amount ovnng on the claim, through no fault of plaintiff or the (b) ~ security holder (if different from plaintiff). Welfare and Institutions Code section 16657.01. An attachment may issue on a claim based on the 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 undue influence. (3)Cods of Civil Procedure section 483.015. The amount to be attached includes the amount of the indebtedness claimed by plaintiff, plus estimated costs and allowable attorney fees, reduced by the sum of the following. (a) the amount of any unsatisfied money Judgment held by defendant against plaintiff; (b) the amount of any indebtedness of plaintiff daimed by defendant in a cross-complaint filed in the action (if a writ of ahachment could issue on the claim); (c) the amount of any cross-demand for money owed by plaintiff to defendant that is barred by the statute of limitations (but assertable as a Code of Civil Procedure section 431.70 defense) if the debt was one upon which a wnt of attachment could have been issued before the statute of limitations ran; and (d) the amount of any security interest held by plaintiff in defendant's properly, together with any decrease in the value of the underlying security caused by plainbff or a pnor security holder. AT-110 IRuu July 1, 0010I NOTICE OF APPLICATION AND HEARING FOR RIGHT TO PS01 1 uf 1 ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) AT-115 SHORT TITLE: CASE NUMBER: LEGALIST, INC v. MYRICK, et al. (64-20-532932 6 h. (4)Code of Civil Procedure section 483.020. An attachment ordered in an unlawful detainer proceeding may include (a} the amount of rent past due when the complaint is filed; (b) an additional amount for the estimated rent due from the date the complaint was filed until the estimated date of judgment or delivery of possession to plaintiff; plus (c) estimated costs and attorney fees. Any prepaid rent or lease deposits held by plaintiff are disregarded in the calculation of the amount of attachment. However, the amount of attachment will be reduced by the amounts described in Code of Civil Procedure section 483 Ot 5 (see item 6h(3) above). Either you or your attorney or both of you may be present at the hearing. j. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH PLAINTIFFS APPLICATION. THE ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT THE A'TTORNEY MAY ASSIST YOU BEFORE THE TIMES FOR FILING YOUR OPPOSITION AND CLAIMS OF EXEMPTION AND AT THE HEARING. oats: 2/12/2020 Christopher D. Sullivan (TYPE OR PRINT NAME OF PLAINTIFF OR PU(INTIFPS ATTORNEY) (SIGNATURE OF PLAINTIFF OR PLAINTIFFS ATTORNEY) AT.115 (Reu. July I, 2010) NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Pe su 3 ef 5 ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment)