Preview
AT-115
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, S(a(e Bar number, and address): FOR COURT USE ONLY
_ J a m i e P. Dreher (SBN 2 093 80)
Connor W. Olson (SBN 291493)
DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 18th Floor
Sacramento, CA 95814
TELEPHONENO.: (916) 444-1000 FAX NO, fOp//ona/| ( 9 1 6 ) 4 4 4 - 2 10,0
B-tMKtLADDRBss(Optional): j dreher@downeybrand. com U:]26 PN k- 16
ATTORNEY FOR fName;,- C A L I F O R N I A BANK & TRUST
SUPERIOR COURT OF CALIFORNIA, COUNTY OF S a c r a m e n t o f cCLuT.:u:;;; i
_^ ::R::J;I CJLIU
STREETADDRESS: 720 N i n t h S t r e e t CALIrORtVIA
lulAILING ADDRESS:
CITY AND ZIP CODE Sacramento, CA 95814
A:.:P:v;ro co'jrny
BRANCH NAME:
PLAINTIFF: CALIFORNIA BANK & TRUST, a C a l i f o r n i a corporation
DEFENDANT:VSS C o u n t e r t o p s Inc.; Duane Tucker;
Marcia Tucker; and DOES 1 through 50, Inclusive
CASE NUMBER;
NOTICE OF APPLICATION AND HEARING FOR
I X I RIGHT TO ATTACH ORDER
1X1 ORDER FOR ISSUANCE OF
I X I WRIT OF ATTACHMENT
3M"Zoir -oo\^0(o^O
\ ~ \ ADDITIONAL WRIT OF ATTACHMENT
1. Notice lo defendant (name, address, and telephone number, if known):
VSS Countertops I n c . ; and Duane Tucker and Marcia Tucker
Plainliff has filed an application for
a. fxl a right to attach order and writ of attachment. (Check items 6a, 6b, and 6d(1).)
b. • a writ of attachment. (Check Item 6d(2).)
c. an additional writ of attachment. (Check item 6d(2).)
A hearing on plaintifTs application will be held in this court as follows:
Date: Time: Dept.: Div.: Rm.
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
made under a. (Xl Code of Civil Procedure section 483.010. (Check item 6h(2)(a).)
b. • Welfare and Institutions Code section 15657.01. (Check item 6h(2)(b).)
5. 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
detainer proceedings: Code Civ. Proc, §§ 482.110, 483.010, 483.015, 483.020; Welf. & Inst. Code, § 15657.01.
6. You are notified that
a. 1X1 A right to attach order will be issued if the court finds al the hearing that plaintiff's 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 ofthe actual validity ofthe claim will be
made in subsequent proceedings in the action and will not be affected by the decision at the hearing on the application for
the order.
b. 1X1 If you desire lo 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 hearing in
ilem 3) a notice of opposition and supporting declaration or affidavit as required by Code of Civil Procedure section
484.060.
If a right to attach order is or has been issued, a writ of attachment will be issued to attach your property described in plaintiffs
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.
Page 1 of 3
Form Approved for Optional Use NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Code Civ, Proc, §§ 482,030, 484,010 el seq,:
Judicial Council of California Welfare S Institutions Code, § 15657,01
AT-115 [Rev. July 1.2010] ATTACH ORDER AND WRIT OF ATTACHIVIENT (Attachment) www.courtinfo.C3.gov
ff \ \ Martin tJfnn'i C a l i f o r n i a Bank & T r u s t
AT-115
SHORT TITLE CASE NUMBER:
_ C a l i f o r n i a Bank & Trust v. VSS Countertop
6. d. If you claim that all or some portion of the property described in plaintiffs application is exempt from attachment, you must, no
later than five court days prior to this hearing,
(1) 1X1 include your claim of exemption 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 in Code of
Civil Procedure section 484.070.
(2) 1 ^ file with the court and serve on plaintiff a claim of exemption with respect to the property as provided in Code of Civil
Procedure section 484.350.
If you fail to make a claim of exemption with respect to personal property, or make a claim of exemption with respect to real or
personal property, but fail lo 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 circumstances occurring after expiration ofthe 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 property 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 claim 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 any claim asserted by you as a defense in the answer pursuant to Code of Civil Procedure section 431.70 if
the claim 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
security interest.
h. The amount to be secured by an attachment is determined pursuant to the following statutes:
(1) Code of Civil Procedure section 482.110. A writ of attachment may include an estimate ofthe costs and allowable
attorney fees.
(2) (a) 1 ^ 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 attorney fees, costs, and interests. If the claim was originally secured by an
interesl 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 owing on the claim, through no fault of plaintiff or the
security holder (if different from plaintiff),
(b) • Welfare and Institutions Code section 15657.01. 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) Code 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 ofthe following:
(a) the amount of any unsatisfied money judgment held by defendant against plaintiff;
(b) the amount of any indebtedness of plaintiff claimed by defendant in a cross-complaint filed in the action (if a writ of
attachment 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 writ 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 property, together with any decrease in the value of the
underlying security caused by plaintiff or a prior security holder.
AT.115[Rev, July 1,2010) NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Page 2of 3
P I M.Mi^rt _ ATTACH O R D E R AND WRIT O F ATTACHMENT (Attachment)
ij^sj BMIAIPDRMr C a l i f o r n i a Bank & T r u s t
AT-115
SHORT TITLE: CASE NUMBER:
_ C a l i f o r n i a Bank & Trust v. VSS Countertop
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 ofthe amount of attachment.
However, the amount of attachment will be reduced by the amounts described in Code ofCivil Procedure section 483.015
(see item 6h(3) above).
i. Either you or your attorney or both of you may be present at the hearing.
j . YOU MAY SEEK THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH PLAINTIFF'S APPLICATION.
THE ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST YOU BEFORE THE
TIMES FOR FILING YOUR OPPOSITION AND CLAIMS OF EXEMPTION AND AT THE HEARING.
Date:
Janrie P. nrpher
(TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) ^ I/ (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY)
AT-ii5[Rev,juiyi,20101 NOTICE OF APPLICATION AND HEARING FOR RIGHT TO page3of3
i^ijminnrj^ _ ATTACH ORDER AND WRIT O F ATTACHMENT (Attachment)
£:«J ESSENIlAl FORMS"' California Bank & T r u s t
Preview
AT-115 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, S(a(e Bar number, and address): FOR COURT USE ONLY _ J a m i e P. Dreher (SBN 2 093 80) Connor W. Olson (SBN 291493) DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 18th Floor Sacramento, CA 95814 TELEPHONENO.: (916) 444-1000 FAX NO, fOp//ona/| ( 9 1 6 ) 4 4 4 - 2 10,0 B-tMKtLADDRBss(Optional): j dreher@downeybrand. com U:]26 PN k- 16 ATTORNEY FOR fName;,- C A L I F O R N I A BANK & TRUST SUPERIOR COURT OF CALIFORNIA, COUNTY OF S a c r a m e n t o f cCLuT.:u:;;; i _^ ::R::J;I CJLIU STREETADDRESS: 720 N i n t h S t r e e t CALIrORtVIA lulAILING ADDRESS: CITY AND ZIP CODE Sacramento, CA 95814 A:.:P:v;ro co'jrny BRANCH NAME: PLAINTIFF: CALIFORNIA BANK & TRUST, a C a l i f o r n i a corporation DEFENDANT:VSS C o u n t e r t o p s Inc.; Duane Tucker; Marcia Tucker; and DOES 1 through 50, Inclusive CASE NUMBER; NOTICE OF APPLICATION AND HEARING FOR I X I RIGHT TO ATTACH ORDER 1X1 ORDER FOR ISSUANCE OF I X I WRIT OF ATTACHMENT 3M"Zoir -oo\^0(o^O \ ~ \ ADDITIONAL WRIT OF ATTACHMENT 1. Notice lo defendant (name, address, and telephone number, if known): VSS Countertops I n c . ; and Duane Tucker and Marcia Tucker Plainliff has filed an application for a. fxl a right to attach order and writ of attachment. (Check items 6a, 6b, and 6d(1).) b. • a writ of attachment. (Check Item 6d(2).) c. an additional writ of attachment. (Check item 6d(2).) A hearing on plaintifTs application will be held in this court as follows: Date: Time: Dept.: Div.: Rm. 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 made under a. (Xl Code of Civil Procedure section 483.010. (Check item 6h(2)(a).) b. • Welfare and Institutions Code section 15657.01. (Check item 6h(2)(b).) 5. 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 detainer proceedings: Code Civ. Proc, §§ 482.110, 483.010, 483.015, 483.020; Welf. & Inst. Code, § 15657.01. 6. You are notified that a. 1X1 A right to attach order will be issued if the court finds al the hearing that plaintiff's 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 ofthe actual validity ofthe claim will be made in subsequent proceedings in the action and will not be affected by the decision at the hearing on the application for the order. b. 1X1 If you desire lo 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 hearing in ilem 3) a notice of opposition and supporting declaration or affidavit as required by Code of Civil Procedure section 484.060. If a right to attach order is or has been issued, a writ of attachment will be issued to attach your property described in plaintiffs 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. Page 1 of 3 Form Approved for Optional Use NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Code Civ, Proc, §§ 482,030, 484,010 el seq,: Judicial Council of California Welfare S Institutions Code, § 15657,01 AT-115 [Rev. July 1.2010] ATTACH ORDER AND WRIT OF ATTACHIVIENT (Attachment) www.courtinfo.C3.gov ff \ \ Martin tJfnn'i C a l i f o r n i a Bank & T r u s t AT-115 SHORT TITLE CASE NUMBER: _ C a l i f o r n i a Bank & Trust v. VSS Countertop 6. d. If you claim that all or some portion of the property described in plaintiffs application is exempt from attachment, you must, no later than five court days prior to this hearing, (1) 1X1 include your claim of exemption 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 in Code of Civil Procedure section 484.070. (2) 1 ^ file with the court and serve on plaintiff a claim of exemption with respect to the property as provided in Code of Civil Procedure section 484.350. If you fail to make a claim of exemption with respect to personal property, or make a claim of exemption with respect to real or personal property, but fail lo 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 circumstances occurring after expiration ofthe 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 property 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 claim 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 any claim asserted by you as a defense in the answer pursuant to Code of Civil Procedure section 431.70 if the claim 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 security interest. h. The amount to be secured by an attachment is determined pursuant to the following statutes: (1) Code of Civil Procedure section 482.110. A writ of attachment may include an estimate ofthe costs and allowable attorney fees. (2) (a) 1 ^ 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 attorney fees, costs, and interests. If the claim was originally secured by an interesl 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 owing on the claim, through no fault of plaintiff or the security holder (if different from plaintiff), (b) • Welfare and Institutions Code section 15657.01. 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) Code 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 ofthe following: (a) the amount of any unsatisfied money judgment held by defendant against plaintiff; (b) the amount of any indebtedness of plaintiff claimed by defendant in a cross-complaint filed in the action (if a writ of attachment 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 writ 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 property, together with any decrease in the value of the underlying security caused by plaintiff or a prior security holder. AT.115[Rev, July 1,2010) NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Page 2of 3 P I M.Mi^rt _ ATTACH O R D E R AND WRIT O F ATTACHMENT (Attachment) ij^sj BMIAIPDRMr C a l i f o r n i a Bank & T r u s t AT-115 SHORT TITLE: CASE NUMBER: _ C a l i f o r n i a Bank & Trust v. VSS Countertop 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 ofthe amount of attachment. However, the amount of attachment will be reduced by the amounts described in Code ofCivil Procedure section 483.015 (see item 6h(3) above). i. Either you or your attorney or both of you may be present at the hearing. j . YOU MAY SEEK THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH PLAINTIFF'S APPLICATION. THE ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST YOU BEFORE THE TIMES FOR FILING YOUR OPPOSITION AND CLAIMS OF EXEMPTION AND AT THE HEARING. Date: Janrie P. nrpher (TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) ^ I/ (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) AT-ii5[Rev,juiyi,20101 NOTICE OF APPLICATION AND HEARING FOR RIGHT TO page3of3 i^ijminnrj^ _ ATTACH ORDER AND WRIT O F ATTACHMENT (Attachment) £:«J ESSENIlAl FORMS"' California Bank & T r u s t