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MOCO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-28-2015 1:41 pm
Case Number: CGC-15-545450
Filing Date: Apr-28-2015 1:36
Filed by: SEAN KANE
Juke Box: 001 Image: 04888407
GENERIC CIVIL FILING (NO FEE)
LOREN M. LOPIN VS. JANE CHAVEZ ET AL
001004888407
Instructions:
Please place this sheet on top of the document to be scanned.r™
AT-140
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sate Bar number, and eddress)
Loren M. Lopin, Attorney At Law SBN: 164945
| 235 Pine Street, Suite 1200
San Francisco, CA 94104
TELEPHONE NO. (415) 200-4592 FAX NO.’
ewaLaooress: Loren@estateplansf.com
ATTORNEY FOR (Name): | Oren M, Lopin.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
‘STREET ADDRESS:
ane avoress:400 McAllister, Dept 302
cry ano zip cove: San Francisco, CA 94102
prancx name:Law and Motion
ivic Center Courthouse
PLAINTIFF: Loren M. Lopin
DEFENDANT: Jane Chavez, aka Jane Margaret Chavez
FOR COURT USE ONLY
F
Superior Court of California
County of San Francisco
APR 28 2015
CLERK OF THE COURT
ile dagen
Deputy Clerk:
TEMPORARY PROTECTIVE ORDER
COE 15-5 45450
4, The court has considered the application of plaintiff (name): Loren M. Lopin
a.
484.010), and a temporary protective order.
for
¥ | aright to attach order, order for issuance of writ of attachment pursuant to chapter 4 (beginning with Code Civ. Proc., §
b. [4] an ex parte right to attach order and order for issuance of writ of attachment.under Chapter 5 (beginning with Code
Civ. Proc., § 485.010).
FINDINGS
2. THE COURT FINDS
a.
b.
c. The
‘a Jane Margaret Chavez
corporation [1 other (specify):
Defendant (name): Jane Chavez, al
unincorporated association
¥_] Code of Civil Procedure section 483.010
isa
¥_} natural person partnership
The amount sought to be secured by the attachment under the application for the right to attach is: $
claim upon which the application for attachment is based is one upon which an attachment may be issued under
Welfare and Institutions Code section 15657.01.
d. Plaintiff has established the probable validity of the claim upon which the application for the attachment is based.
©. The order is not sought for a purpose other than the recovery upon the claim up on which the application for the attachment is
f.
.. Plaintiff must file an undertaking in the amount of: $ 10,000.00
based.
Great or irreparable injury to the plaintiff will result if this order is not issued, based on the following:
There is a danger that the property sought to be attached would be
(a) [¥] concealed
(b) [#7] substantially impaired in value.
(c) L¥
(1) 0%
(2)
(3)
Civil Procedure section 485.010(b)(2).
the Commercial Code with respect to a bulk transfer by the defendant.
(4)
(5) [#
Other circumstances: salle of reall propeity
made unavailable to levy by other than concealment or substantial impairment in value.
Defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of
[J A bulk sales notice was recorded and published pursuant to division 6 (beginning with section 6101) of
[1 An escrow has been opened pursuant to the provisions of Business and Professions Code section 24074 with respect
to the sale by the defendant of a liquor license. The liquor license number is:
. k] The requirements of Code of Civil Procedure section 485.220 are satisfied, but a temporary protective order should
issue instead of an ex parte right to attach order and order for issuance of writ of attachment.
and plaintiff has filed an undertaking in that amount.
The property subject to the following order is:
before a temporary protective order will issue,
reall property located at 4165-4167 20th Street, San Francisco, California $4114, and legally
described as: See Exhibit A
Paget of 2
Form Approved for Optional Use
‘Judicial Council of California
‘AT-140 (Rev. July 4, 2011],
(Attachment)
TEMPORARY PROTECTIVE ORDER
Code of Civil Procedure,
'§§ 482.030, 486.010 et sea.:
Wolfare & insttulions Code, § 15657.01
wirw.cOUrts.ca.govAT-140
SHORT TITLE: CASE NUMBER:
CGC -15-545450
2. j. The following property of defendant is inventory or farm products held for sale and may be transferred in the ordinary
course of business (specify):
k. Other (specify):
3. THE COURT ORDERS ORDER
Defendant shall not transfer, directly or indirectly, any interest in the property described in item 2i of the findings.
b. Defendant shall not dispose of the proceeds of any transfer of inventory or farm products held for sale except under
the ing restrictions:
c. Other (specify):
tn The wighiae attach oder
d. This order will expire at the earliest ol the/following times:
(}-Wher-plaintifHevies-uj is
(2) ater (date): (He Heananc-lSer fon = 13,2015 ok 9:30 deh In VAL For
3
ANY artes EL Yue ow may d,s Any hay
4, Number of pages attached: 4 ze Due on May Tes,
ome 7/18/15 ,
(TYPE OR PRINT NAME)
NOTICE TO DEFENDANT: An undertaking has been filed with the court by plaintiff. You may Vacs 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
| certify that the foregoing is a correct copy of the original on file in my office.
Date:
Clerk, by , Deputy
APSO Rev. duly 4.2011] TEMPORARY PROTECTIVE ORDER Page 20f2
(Attachment)mo ™
Exhibit A
Real property located at 4165-4167 20" Street, San Francisco, California
94114, legally described as:
Beginning at a point on the Southerly line of 20" Street, distant thereon 180
feet Easterly from the Southeasterly corner of 20" and Castro Streets;
running thence Easterly along said Southerly line of 20" Street 25 feet;
thence at a right angle Southerly 114 feet; thence at a right angle Westerly
25 feet; and thence at a right angle Southerly 114 feet to the point of
beginning.
Being a portion of Mission block No. 111
APN: Lot 079, Block 3603
Preview
MOCO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-28-2015 1:41 pm Case Number: CGC-15-545450 Filing Date: Apr-28-2015 1:36 Filed by: SEAN KANE Juke Box: 001 Image: 04888407 GENERIC CIVIL FILING (NO FEE) LOREN M. LOPIN VS. JANE CHAVEZ ET AL 001004888407 Instructions: Please place this sheet on top of the document to be scanned.r™ AT-140 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sate Bar number, and eddress) Loren M. Lopin, Attorney At Law SBN: 164945 | 235 Pine Street, Suite 1200 San Francisco, CA 94104 TELEPHONE NO. (415) 200-4592 FAX NO.’ ewaLaooress: Loren@estateplansf.com ATTORNEY FOR (Name): | Oren M, Lopin. SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco ‘STREET ADDRESS: ane avoress:400 McAllister, Dept 302 cry ano zip cove: San Francisco, CA 94102 prancx name:Law and Motion ivic Center Courthouse PLAINTIFF: Loren M. Lopin DEFENDANT: Jane Chavez, aka Jane Margaret Chavez FOR COURT USE ONLY F Superior Court of California County of San Francisco APR 28 2015 CLERK OF THE COURT ile dagen Deputy Clerk: TEMPORARY PROTECTIVE ORDER COE 15-5 45450 4, The court has considered the application of plaintiff (name): Loren M. Lopin a. 484.010), and a temporary protective order. for ¥ | aright to attach order, order for issuance of writ of attachment pursuant to chapter 4 (beginning with Code Civ. Proc., § b. [4] an ex parte right to attach order and order for issuance of writ of attachment.under Chapter 5 (beginning with Code Civ. Proc., § 485.010). FINDINGS 2. THE COURT FINDS a. b. c. The ‘a Jane Margaret Chavez corporation [1 other (specify): Defendant (name): Jane Chavez, al unincorporated association ¥_] Code of Civil Procedure section 483.010 isa ¥_} natural person partnership The amount sought to be secured by the attachment under the application for the right to attach is: $ claim upon which the application for attachment is based is one upon which an attachment may be issued under Welfare and Institutions Code section 15657.01. d. Plaintiff has established the probable validity of the claim upon which the application for the attachment is based. ©. The order is not sought for a purpose other than the recovery upon the claim up on which the application for the attachment is f. .. Plaintiff must file an undertaking in the amount of: $ 10,000.00 based. Great or irreparable injury to the plaintiff will result if this order is not issued, based on the following: There is a danger that the property sought to be attached would be (a) [¥] concealed (b) [#7] substantially impaired in value. (c) L¥ (1) 0% (2) (3) Civil Procedure section 485.010(b)(2). the Commercial Code with respect to a bulk transfer by the defendant. (4) (5) [# Other circumstances: salle of reall propeity made unavailable to levy by other than concealment or substantial impairment in value. Defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of [J A bulk sales notice was recorded and published pursuant to division 6 (beginning with section 6101) of [1 An escrow has been opened pursuant to the provisions of Business and Professions Code section 24074 with respect to the sale by the defendant of a liquor license. The liquor license number is: . k] The requirements of Code of Civil Procedure section 485.220 are satisfied, but a temporary protective order should issue instead of an ex parte right to attach order and order for issuance of writ of attachment. and plaintiff has filed an undertaking in that amount. The property subject to the following order is: before a temporary protective order will issue, reall property located at 4165-4167 20th Street, San Francisco, California $4114, and legally described as: See Exhibit A Paget of 2 Form Approved for Optional Use ‘Judicial Council of California ‘AT-140 (Rev. July 4, 2011], (Attachment) TEMPORARY PROTECTIVE ORDER Code of Civil Procedure, '§§ 482.030, 486.010 et sea.: Wolfare & insttulions Code, § 15657.01 wirw.cOUrts.ca.govAT-140 SHORT TITLE: CASE NUMBER: CGC -15-545450 2. j. The following property of defendant is inventory or farm products held for sale and may be transferred in the ordinary course of business (specify): k. Other (specify): 3. THE COURT ORDERS ORDER Defendant shall not transfer, directly or indirectly, any interest in the property described in item 2i of the findings. b. Defendant shall not dispose of the proceeds of any transfer of inventory or farm products held for sale except under the ing restrictions: c. Other (specify): tn The wighiae attach oder d. This order will expire at the earliest ol the/following times: (}-Wher-plaintifHevies-uj is (2) ater (date): (He Heananc-lSer fon = 13,2015 ok 9:30 deh In VAL For 3 ANY artes EL Yue ow may d,s Any hay 4, Number of pages attached: 4 ze Due on May Tes, ome 7/18/15 , (TYPE OR PRINT NAME) NOTICE TO DEFENDANT: An undertaking has been filed with the court by plaintiff. You may Vacs 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 | certify that the foregoing is a correct copy of the original on file in my office. Date: Clerk, by , Deputy APSO Rev. duly 4.2011] TEMPORARY PROTECTIVE ORDER Page 20f2 (Attachment)mo ™ Exhibit A Real property located at 4165-4167 20" Street, San Francisco, California 94114, legally described as: Beginning at a point on the Southerly line of 20" Street, distant thereon 180 feet Easterly from the Southeasterly corner of 20" and Castro Streets; running thence Easterly along said Southerly line of 20" Street 25 feet; thence at a right angle Southerly 114 feet; thence at a right angle Westerly 25 feet; and thence at a right angle Southerly 114 feet to the point of beginning. Being a portion of Mission block No. 111 APN: Lot 079, Block 3603