Preview
AT-105
ATTORNEV OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): — „ , .T , I -FOR.COURT USE ONLY
1_ Jamie P. Dreher (SBN 209380)
Connor W. Olson (SBN 2 914 93)
DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 18th Floor I5JU^J26 Fn Li: Iti
Sacramento, CA 95814
TELEPHONENO,: (916) 444-1000 FAX N0,(0p(fon3/): ( 9 1 6 ) 444- 2100
E-MAL
i ADDRESS (Optional): j drehe r ® d o w n e y b r a n d . com . U l j ; K : 0 , ; COURT
ATTORNEY FOR (A/s«e|- C A L I F O R N I A BANK & TRUST 01- CALIFORWIA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF S a c r a m e n t o ;^c,l'•^^riNVO COUWTY
STREETADDRESS: 7 2 0 N i n t h S t r e e t
MAILING ADDRESS:
CITY AND ZIP CODE: Sacramento, CA 95814
BRANCH NAME:
PLAINTIFF: CALIFORNIA BANK & TRUST, a California corporation
DEFENDANT: VSS C o u n t e r t o p s I n c . ; Duane T u c k e r ;
Ma,rc3.a T u c k e r ; and DOES 1 t h r o u g l i 50, Inclusive
CASE NUMBER:
APPLICATION FOR
[XI RIGHT TO ATTACH ORDER • TEMPORARY PROTECTIVE ORDER
IXI ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
• ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
1 I After Hearing • Ex Parte
I I Against Property of Nonresident
1, PlaintiffCnameJ: CALIFORNIA BANK & TRUST, a C a l i f o r n i a c o r p o r a t i o n
applies (Xl afXer hearing [ j ^ ex parte for
a. 1X1 a right fo attach order and writ of attachment.
b, I I an additional writ of attachment.
c, Ql a temporary protective order.
d. • an order directing the defendant to transfer to the levying officer possession of
(1) property in defendant's possession.
(2) • ! documentary evidence in defendant's possession of title to property.
(3) Q I (Jocumentary evidence in defendant's possession of debt owed to defendant,
2, Defendant CnameJ: Duane Tucker and M a r c i a Tucker
a. I X I is a natural person who
(1) 1X1 resides in California.
(2) 1 ^ does not reside in California.
b. • is a corporation
(1) qualified to do business in California.
(2) C 3 not qualifietj to do business In Califomia.
c. • is a California partnership or other unincorporated association.
d. Q l is a foreign partnership that
(1) has filed a designation under Corporations Code section 15800.
(2) 1 ^ has not filed a designation under Corporations Code section 15800.
e. is other (specify):
3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one):
r x l Code ofCivil Procedure section 483.010 • 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
Title 11 ofthe United States Code (Bankruptcy).
Page 1 of 3
Form Approved for Optional Use A P P L I C A T I O N F O R RIGHT T O ATTACH O R D E R , Code of Civil Procedure, §§ 482,030, 484,010 el seq,:
Judicial Council of Califomia Welfare, 4 Insiiiuiions, Code, § 15657,01
AT-105 [Rei/, July 1.20101 T E M P O R A R Y P R O T E C T I V E O R D E R , E T C . (Attachment) www.courtirifo.ca.gov
If Mflriin DcanS C a l i f o r n i a Bank & T r u s t
feltJJENM FORMS"'
AT-105
SHORTTITLE CASE NUMBER:
_ C a l i f o r n i a Bank & T r u s t v. VSS Countertop
a. I X I Plaintiffs 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. • 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.
The facts showing plaintiff is entitled to a judgment on the claim upon which the attachment is based are set forth with particularity
in the
a. C 3 verified complaint.
b. 1X1 attached affidavit or declaration.
c. following facts (specify):
See D e c l a r a t i o n of Raye Ann Johnson and the Memorandum of Points
and A u t h o r i t i e s , f i l e d h e r e w i t h .
The amount to be secured by the attachment is: $ 418,035
a, • which includes estimated costs of: $ Reserved f o r D e t e r m i n a t i o n a t t r i a l
b. • which includes estimated allowable attomey fees of: $Reserved f o r Determination at t r i a l
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. Q I Any property of a defendant who is not a natural person.
b. Any property of a nonresident defendant.
c. I X I property of a defendant who is a natural person that is subject to attachment under Code of Civil Procedure section
487.010 (specify):
(1) I n t e r e s t s i n r e a l p r o p e r t y except l e a s e h o l d estates w i t h unexpired tertns of
l e s s than one year. This i n c l u d e s , w i h t o u t l i m i t a t i o n , the r e a l p r o p e r t i e s
commonly known as (1)7910 Walerga Rd. 5-512, Antelope, C a l i f o m i a 95843, and (2)
400 Del Verde C i r . 148, Sacramento, C a l i f o r n i a 95833.
A d d i t i o n a l l y , (2)Accounts r e c e i v a b l e , c h a t t e l paper, and general i n t a n g i b l e s
a r i s i n g out of the conduct by the defendant of a trade, business, o r p r o f e s s i o n ,
except any such i n d i v i d u a l c l a i m w i t h a p r i n c i p a l balance o f less than one hundred
f i f t y d o l l a r s ($150); (3)Equipment; (4) I n v e n t o r y ; (5) F i n a l money judgments
a r i s i n g out of defendants t r a d e , business or p r o f e s s i o n ; (6) money on premises;
(7) Negotiable documents of t i t l e ; (8) Instruments; and (9) S e c u r i t i e s .
d. Q I 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. C3 Plaintiffs 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. Ql The court issued a Right to Attach Order on (date):
(Attach a copy.)
12. Q l Nonresident defendant has not filed a general appearance.
AT-105 [Rev, July 1,2010) APPLICATION F O R RIGHT TO ATTACH ORDER, Page 2 of 3
P I Mnmno,.„-, T E M P O R A R Y P R O T E C T I V E O R D E R , E T C . (Attachment)
I [SStHMFORMS"' California Bank & Trust
AT-105
SHORT TITLE: CASE NUMBER:
— C a l i f o r n i a Bank & T r u s t v. VSS Countertop
13. a. Plaintiff • alleges on ex parte application for order for writ of attachment
Q l 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) Q it may be inferred that there is a danger that the property sought to be attached will be
(a) concealed.
(b) ^ 3 substantially impaired in value.
(c) C 3 made unavailable to levy by other lhan concealment or impairment in value.
(2) Q defendant has failed to pay the debt underiying the requested attachment and is insolvent as defined in Code of Civil
Procedure section 485.010(b)(2).
(3) • a bulk sales notice was recorded and published pursuant to division 6 of the Commercial Code with respect to a bulk
transfer by the defendant.
(4) Q l an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to
the sale by the defendant.
(5) Q l other circumstances (specifyl-
b. The statements in item 13a are established by C3 the attached affidavit or declaration
I I the following facts (specify):
14. Ql Plainfiff requests the following relief by temporary protective order (specify):
15. Plaintiff
a. 1X1 hasfiledan undertaking in the amount of: $ $ i o , OOO 1'° ^le f i l e d b e f o r e hearing
b, ^ 3 has not filed an undertaking.
Date: June I t , 2015
Jamie P. Dreher
(TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) / I / (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY)
DECLARATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: J u n e | 1 , 2015
Raye Ann Jnhn.qnn ^
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
16. Number of pages attached:
AT-105 (Rev. July 1,2010] A P P L I C A T I O N F O R RIGHT T O A T T A C H O R D E R , page 3°'3
O T E M P O R A R Y P R O T E C T I V E O R D E R , E T C . (Attachment)
l l ^ ESSENTA
l l FORMS" C a l i f o r n i a Bank & Trust
AT-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY
Jlamie P. Dreher (SBN 209380)
Connor W. Olson (SBN 291493) \ ri\/\V
DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 18th F l r o i t ^
Sacramento, CA 95814
TELEPHONENO,: ( 9 1 6 ) 444-1000 FAXNO.(Optiona)): ( 9 1 6 ) 444-2100
E-MAIL ADDRESS (Of>tional): j dreherOdowneybrand.com
ATTORNEY FOR (Name); C A L I F O R N I A BANK & TRUST
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREETADDRESS: 720 N i n t h S t r e e t
MAIUNG ADDRESS:
CITY AND ZIP CODE: Sacramento, CA 95814
BRANCH NAME:
PLAINTIFF: CALIFORNIA BANK & TRUST, a C a l i f o m i a corporation
DEFENDANT.VSS Countertops I n c . ; Duane Tucker;
Marcia Tucker; and DOES 1 through 50, Inclusive
I X I RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF CASE NUI/BER:
ATTACHMENT AFTER HEARING 34-2015-00180690
Q l ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
HEARING
1. a. The application of plaintiff fname;.- C A L I F O R N I A BANK & T R U S T , a C a l i f o r n i a corporation
for ( X I a right to attach order and order for issuance of writ of attachment
C 3 an order for issuance of additional writ-of attachment
against the property of defendant (name): Duane Tucker
came on for hearing as follows:
(1) Judge (name):
(2) Hearing date: '7)(2^'\ Time: ' ^ a y ^ Q l DepL: ^*-( Q | Div.: Q l Rm.:
b. The following persons were present at the hearing:
(1) 1X1 Plaintiff (name;; CA Bank & T r u s t (3) 1X1 Plaintiffs attomey (name):
(2) Ql Defendant (name): (4) C 3 Defendant's attomey (name):
FINDINGS
2. THE COURT FINDS
a. Defendant Cspec/fy name;; D u a n e T u c k e r is a 2 1 natural person Q | partnership
unincorporated association corporation Ql other (specify):
b. The claim upon which the application is based is one upon which an attachment may be issued.
c. 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 fhe attachment is greater than zero.
f. ( X I Defendant failed to prove that all the property described in plaintiffs application is exempt from attachment.
g. Q l The following property of defendant, described in plaintiffs application
(1) Ql is exempt from attachment (specify):
(2) • is not exempt from attachment (specify):
h. Q l The following property, not described in plaintiffs application, claimed by defendant to be exempt
(1) Ql is exempt from attachment (specify):
(2) Ql is not exempt from attachment (specify):
1. An undertaking in the amount of: $ 1 0 , 0 0 0 is required before a writ shall issue, and plaintiff
I I has [ 3 has not filed an undertaking in that amount,
j . A Right to Attach Order was issued on ("dafe;; pursuant to
Ql Code of Civil Procedure section 484.090 (on hearing) • Code of Civil Procedure section 485.220 (ex parte)
k. • Other (specify):
Page 1 of 2
Form AppTOved for Optional Use RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Code of Civil Proc,, §§ 482,030, 484,090:
Judicial Council of California Welfare S Institutions Code, § 15657,01
AT-120 [Rev. July 1.2010J FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) www. courtinfo. ca.gov
C a l i f o r n i a Bank & T r u s t
I ESSENTA
l l FORHS"
AT-120
SHORT TITLE: CASE NUMBER:
_ C a l i f o r n i a Bank & Trust v. VSS Countertop
ORDER
3. THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name;; D u a n e Tucker
in the amount of: $ 10,000
b. Q l The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached.
c. The clerk shall issue [ X I a writ of attachment Q j an additional writ of attachment in the amount stated in item 3a
m forthwith ( X I upon the filing of an undertaking in the amount of: $ 10,000
(1) Q l for any property of a defendant who is not a natural person for which a method of levy is provided.
(2) (XJ 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):
i l ) I n t e r e s t s i n r e a l p r o p e r t y except w i t h leasehold e s t a t e s w i t h unexpired terms of
l e s s than one y e a r . T h i s i n c l u d e s , w i t h o u t l i m i t a t i o n , the r e a l p r o p e r t i e s commonly
known as (1) 7910 Walerga Rd. 5-512, Antelope, CA 95843, and (2) 400 Del Verde C i r .
148, Sacramento, CA 95833. A d d i t ; i o n a l l y , (2) Accounts r e c e i v a b l e , c h a t t e l paper, and
general i n t a n g i b l e s a r i s i n g out of the conduct by the defendant o f a t r a d e , business or
p r o f e s s i o n , except any such i n d i v i d u a l c l a i m w i t h a p r i n c i p a l balance o f l e s s than one
hundred f i f t y d o l l a r s ($150); (3) Esquipment; (4) I n v e n t o r y ; (5) F i n a l money judgments
a r i v i n s out o f defendants t r a d e , business or p r o f e s s i o n ; (6) money on premises; (7)
Negotiable documents o f t i d e ; (8) Instruments; and (9) S e c u r i t i e s .
(3) ^ 3 fo"" 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) Ql for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license
number is (specify):
d. Q l 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) ^ 3 sny documentary evidence in defendant's possession of debt owed to defendant described in item 3c;
(3) C3 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. Ql Other (specify):
f. Total number of boxes checked in item 3: ^
Date:
JUDICIAL OFFICER
AT-i20(Rev July 12010) R I G H T T O A T T A C H O R D E R AFTER H E A R I N G A N D O R D E R Pafle2of2
rr^ Ma„M,c,s F O R I S S U A N C E O F WRIT O F A T T A C H M E N T (Attachment)
IS)FSMlAlFORMS'" C a l i f o r n i a Bank & T r u s t
AT-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY
_ilamie P. Dreher (SBN 209380)
Connor W. Olson (SBN 291493)
DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 1 8 t h
Sacramento, CA 95814
TELEPHONENO,; ( 9 1 6 ) 444-1000 FAX NO.fOptona/): ( 9 1 6 ) 444-2100
E-MAIL ADDRESS (Optional): j dreher®downeybrand. com
ATTORNEY FOR fWameJ; C A L I F O R N I A BANK & TRUST
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREETADDRESS: 720 N i n t h S t r e e t
MAILING ADDRESS:
CITY AND ZIP CODE: Sacramento, CA 95814
BRANCH NAME
PLAINTIFF: CALIFORNIA BANK & TRUST, a California corporation
DEFENDANT: VSS Countertops I n c ; Duane Tucker;
M a r c i a T u c k e r ; and DOES 1 t h r o u g h 50, I n c l u s i v e
f x l RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF CASE NUMBER:
ATTACHMENT AFTER HEARING 34-2015-00180690
r~| ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
HEARING
The application Of plaintiff (name;; C A L I F O R N I A BANK & T R U S T , a C a l i f o r n i a c o r p o r a t i o n
for a right to attach order and order for issuance of writ of attachment
• an order for issuance of additional writ-df attachment
against the property of defendant (name): Marcia Tucker
came on for hearing as follows:
(1) Judge (name):
(2) Hearing date:. Zq-IS" Time: ' ^ ^ ^ v n • Dept: 5*4 Ql Div.: • Rm.:
The following persons were present at the hearing:
(1) 1X1 Plaintiff (name;; CA Bank & T r u s t (3) Q1 Plaintiffs attomey (name):
(2) Ql Defendant (name): (4) Q | Defendant's attomey (name):
FINDINGS
THE COURT FINDS
a. Defendant fspec/^riame;; M a r c i a T u c k e r is a ( X I natural person ^ 3 partnership
I I unincorporated association corporation ^3 other (specify):
The claim upon which the application is based is one upon which an attachment may be issued.
Plaintiff has established the probable validity ofthe claim upon which the attachment is based.
The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
The amount to be secured by the attachment is greater than zero.
I I Defendant failed to prove that all the property described in plaintiffs application is exempt from attachmenL
I I The following property of defendant, described in plaintiff's application
(1) is exempt from attachment (specify):
(2) ^3 is not exempt from attachment (specify):
h. Q l The following property, not described in plaintiffs application, claimed by defendant to be exempt
(1) C3 is exemptfiromattachment (specify):
(2) Ql is not exempt from attachment (specify):
i. ( X I An undertaking in the amount of: S 1 0 , 0 0 0 is required before a writ shall issue, and plaintiff
I I has \ x \ has not filed an undertaking in that amount,
j . A Right to Attach Order was issued on (date): pursuant to
Q l Code of Civil Procedure section 484.090 (on hearing) • Code of Civil Procedure section 485.220 (ex parte)
k. l U Other (spec/fy;;
Page 1 of 2
Form Approved for Optional Use
Judicial Council of California
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Code of Civil Proc,, §§ 482,030, 484.090:
AT-120 [Rev. July 1.2010) FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) '^'""""'^'''"°"^^:^S.-^v
if jxl Mattin Deani C a l i f o r n i a Bank & Trust
SESSfNTIAl FORMS"'
AT.120
SHnRT TITllE: CASE NUMBER:
_ C a l i f o r n i a Bank & Trust v. VSS Countertop 34-2015-00180690
ORDER
3. THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name): M a r c i a Tucker
in the amount of: $ 10,000
b. I i The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached.
c. The clerk shall issue ( ^ a writ of attachment ^ 3 an additional writ of attachment in the amount stated in item 3a
[ X I forthwith ( X l upon the filing of an undertaking in the amount of: $ 10,000
(1) ( U for any property of a defendant who is not a natural person for which a method of levy is provided.
(2) Q l 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) I n t e r e s t s i n r e a l p r o p e r t y except w i t h l e a s e h o l d e s t a t e s w i t h unexpired
terms o f l e s s than one year. This i n c l u d e s , w i t h o u t l i m i t a t i o n , the r e a l
p r o p e r t i e s commonly known as (1) 7910 Walerga Rd. 5-512, Antelope, CA 95843,
and (2) 400 Del Verde C i r . 148, Sacramento, CA 95833. A d d i t i o n a l l y , (2)
Accounts r e c e i v a b l e , c h a t t e l paper, and g e n e r a l i n t a n g i b l e s a r i s i n g o u t o f t h e
conduct by t h e defendant o f a t r a d e , business o r p r o f e s s i o n , except any such
i n d i v i d u a l c l a i m w i t h a p r i n c i p a l balance o f l e s s t h a n one hundred f i f t y
d o l l a r s ($150); (3) Esquipment; (4) I n v e n t o r y ; (5) F i n a l money judgments
a r i v i n s out o f defendants t r a d e , business o r p r o f e s s i o n ; (6) money on
premises; (7) Negotiable documents o f t i t l e ; (8) I n s t r u m e n t s ; and (9)
Securities.
(3) Q l 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) for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license
number is (specify):
d. ^ 3 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) Q l any documentary evidence in defendant's possession of debt owed to defendant described in item 3c;
(3) t3 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. Ql Other (specify):
f. Total number of boxes checked in item 3:
Date:
JUDICIAL OFFICER
AT-i2oii^ev July 1 2010) RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER PaBe2ot2
(O) >.ar.inDr.n> FOR ISSUANCE O F WRIT OF ATTACHMENT (Attachment)
IsESSlNTIAlFORMS"' C a l i f o r n i a Bank & Trust
fc.
AT-120
ATTORNEY OR PARTY WITHOUT ATTORNEY CName, Sfafe Bar number, and address): f=OR COURT USE ONLY
Ulamie P. Dreher (SBN 209380)
Connor W. Olson (SBN 2914 93)
DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 1 8 t h F l o o r
Sacramento, CA 95814
TELEPHONENO.: ( 9 1 6 ) 4 4 4 - 1 0 0 0 FAX NO.fOp/ibna/|- ( 9 1 6 ) 4 4 4 - 2 1 0 0
E-MAIL ADDRESS (Optional): j dreherOdowneybrand. com
ATTORNEY FOR (Name): C A L I F O R N I A BANK & TRUST
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREETADDRESS: 720 N i n t h S t r e e t
MAILING ADDRESS:
CITYANDZIPCODE: Sacramento, CA 95814
BRANCH I^ME:
PLAINTIFF: CALIFORNIA BANK & TRUST, a California corporation
DEFENDANT:VSS Countertops I n c . ; Duane Tucker;
Marcia Tucker; and DOES 1 through 50, I n c l u s i v e
1X1 RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF CASE NUMBER:
ATTACHMENT AFTER HEARING 34-2015-00180690
Q l ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
HEARING
a. The application of plaintiff (r7ame;; C A L I F O R N I A BANK & T R U S T , a C a l i f o r n i a corporation
for ( 2 1 a right to attach order and order for issuance of writ of attachment
I I an order for issuance of additional writ-of attachment
against the property of defendant (name;; VSS C o u n t e r t o p s , I n c .
came on for hearing as follows:
(1) Judge (name):
(2) Hearing date: Time: ^ c . ^ Q l Dept. Q l Div.: Q l Rm.:
b. The following persons were present at the hearing:
(1) 1X1 Plaintiff (name;; CA B a n k & T r u s t (3) Plaintiff's attomey (name):
(2) Ql Defendant (name): (4) ^3 Defendant's attomey (name):
FINDINGS
2, THE COURT FINDS
a. Defendant (spec/fy name;; VSS C o u n t e r t o p s , I n c . is a Q l natural person Q | partnership
Ql unincorporated association [XI corporation other (specify):
The claim upon which the application is based is one upon which an attachment may be issued.
Plaintiff has established the probable validity ofthe claim upon which the attachment is based.
The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
The amount to be secured by the attachment is greater than zero.
(3 Defendant failed to prove that all the property described in plaintiffs application is exemptfiromattachment.
The following property of defendant, described in plaintiffs application
(1) Ql is exempt from attachment (specify):
(2) 1^ is not exempt from attachment (specify):
h. Q l The following property, not described in plaintiffs application, claimed by defendant to be exempt
(1) 1^ is exempt firom attachment (specify):
(2) 1^ is not exempt from attachment (specify):
i. 1X1 An undertaking in the amount of: $ 1 0 , 0 0 0 is required before a writ shall issue, and plaintiff
I I has \ x \ has not filed an undertaking in that amount,
j . A Right to Attach Order was issued on (date): pursuant to
Ql Code of Civil Procedure section 484.090 (on hearing) • Code of Civil Procedure section 485.220 (ex parte)
k. Ql Other (specify):
Page 1 of 2
Form Approved for Oplional Use
Judicial Council of Califomia
RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Code of Civil Proc. §§ 482.030, 484,090:
AT-12D[Rev, July 1,2010) FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) * ''''''"°':^c'oulJi^!I:^:v
( r y \ Martin DcanV
C a l i f o r n i a Bank & T r u s t
felBSlHTIAl FORMS"
AT-120
SHORT TITLE: CASE NUMBER:
_ C a l i f o r n i a Bank & T r u s t v. VSS Countertop 34-2015-00180690
ORDER
3. THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name;; VSS C o u n t e r t o p s , Inc.
in the amount of: $ 10,000
b. Q l The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached.
c. The clerk shall issue ( X I a writ of attachment C 3 an additional writ of attachment in the amount stated in item 3a
f x l forthwith ( X l upon the filing of an undertaking in the amount of: $ 10,000
(1) 1X1 for any property of a defendant who is not a natural person for which a method of levy is provided.
(2) 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):
(3) Ql 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) for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license
number is (specify):
d. Q Defendant shall transfer to the levying officer possession of
(1) Q l any documentary evidence in defendant's possession of titie to any property described in item 3c;
(2) Q l any documentary evidence in defendant's possession of debt owed to defendant described in item 3c;
(3) Ql 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:
4
Date:
JUDICIAL OFFICER
AT-120 (Rev July 1,2010) RIGHT T O A T T A C H O R D E R AFTER H E A R I N G A N D O R D E R pafle2of2
0 | AfarrinDr... F O R I S S U A N C E O F W R I T O F A T T A C H M E N T (Attachment)
l»±J[SSfNTIAlFORMS'" C a l i f o r n i a Bank & T r u s t
Preview
AT-105 ATTORNEV OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): — „ , .T , I -FOR.COURT USE ONLY 1_ Jamie P. Dreher (SBN 209380) Connor W. Olson (SBN 2 914 93) DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 18th Floor I5JU^J26 Fn Li: Iti Sacramento, CA 95814 TELEPHONENO,: (916) 444-1000 FAX N0,(0p(fon3/): ( 9 1 6 ) 444- 2100 E-MAL i ADDRESS (Optional): j drehe r ® d o w n e y b r a n d . com . U l j ; K : 0 , ; COURT ATTORNEY FOR (A/s«e|- C A L I F O R N I A BANK & TRUST 01- CALIFORWIA SUPERIOR COURT OF CALIFORNIA, COUNTY OF S a c r a m e n t o ;^c,l'•^^riNVO COUWTY STREETADDRESS: 7 2 0 N i n t h S t r e e t MAILING ADDRESS: CITY AND ZIP CODE: Sacramento, CA 95814 BRANCH NAME: PLAINTIFF: CALIFORNIA BANK & TRUST, a California corporation DEFENDANT: VSS C o u n t e r t o p s I n c . ; Duane T u c k e r ; Ma,rc3.a T u c k e r ; and DOES 1 t h r o u g l i 50, Inclusive CASE NUMBER: APPLICATION FOR [XI RIGHT TO ATTACH ORDER • TEMPORARY PROTECTIVE ORDER IXI ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT • ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT 1 I After Hearing • Ex Parte I I Against Property of Nonresident 1, PlaintiffCnameJ: CALIFORNIA BANK & TRUST, a C a l i f o r n i a c o r p o r a t i o n applies (Xl afXer hearing [ j ^ ex parte for a. 1X1 a right fo attach order and writ of attachment. b, I I an additional writ of attachment. c, Ql a temporary protective order. d. • an order directing the defendant to transfer to the levying officer possession of (1) property in defendant's possession. (2) • ! documentary evidence in defendant's possession of title to property. (3) Q I (Jocumentary evidence in defendant's possession of debt owed to defendant, 2, Defendant CnameJ: Duane Tucker and M a r c i a Tucker a. I X I is a natural person who (1) 1X1 resides in California. (2) 1 ^ does not reside in California. b. • is a corporation (1) qualified to do business in California. (2) C 3 not qualifietj to do business In Califomia. c. • is a California partnership or other unincorporated association. d. Q l is a foreign partnership that (1) has filed a designation under Corporations Code section 15800. (2) 1 ^ has not filed a designation under Corporations Code section 15800. e. is other (specify): 3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one): r x l Code ofCivil Procedure section 483.010 • 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 Title 11 ofthe United States Code (Bankruptcy). Page 1 of 3 Form Approved for Optional Use A P P L I C A T I O N F O R RIGHT T O ATTACH O R D E R , Code of Civil Procedure, §§ 482,030, 484,010 el seq,: Judicial Council of Califomia Welfare, 4 Insiiiuiions, Code, § 15657,01 AT-105 [Rei/, July 1.20101 T E M P O R A R Y P R O T E C T I V E O R D E R , E T C . (Attachment) www.courtirifo.ca.gov If Mflriin DcanS C a l i f o r n i a Bank & T r u s t feltJJENM FORMS"' AT-105 SHORTTITLE CASE NUMBER: _ C a l i f o r n i a Bank & T r u s t v. VSS Countertop a. I X I Plaintiffs 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. • 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. The facts showing plaintiff is entitled to a judgment on the claim upon which the attachment is based are set forth with particularity in the a. C 3 verified complaint. b. 1X1 attached affidavit or declaration. c. following facts (specify): See D e c l a r a t i o n of Raye Ann Johnson and the Memorandum of Points and A u t h o r i t i e s , f i l e d h e r e w i t h . The amount to be secured by the attachment is: $ 418,035 a, • which includes estimated costs of: $ Reserved f o r D e t e r m i n a t i o n a t t r i a l b. • which includes estimated allowable attomey fees of: $Reserved f o r Determination at t r i a l 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. Q I Any property of a defendant who is not a natural person. b. Any property of a nonresident defendant. c. I X I property of a defendant who is a natural person that is subject to attachment under Code of Civil Procedure section 487.010 (specify): (1) I n t e r e s t s i n r e a l p r o p e r t y except l e a s e h o l d estates w i t h unexpired tertns of l e s s than one year. This i n c l u d e s , w i h t o u t l i m i t a t i o n , the r e a l p r o p e r t i e s commonly known as (1)7910 Walerga Rd. 5-512, Antelope, C a l i f o m i a 95843, and (2) 400 Del Verde C i r . 148, Sacramento, C a l i f o r n i a 95833. A d d i t i o n a l l y , (2)Accounts r e c e i v a b l e , c h a t t e l paper, and general i n t a n g i b l e s a r i s i n g out of the conduct by the defendant of a trade, business, o r p r o f e s s i o n , except any such i n d i v i d u a l c l a i m w i t h a p r i n c i p a l balance o f less than one hundred f i f t y d o l l a r s ($150); (3)Equipment; (4) I n v e n t o r y ; (5) F i n a l money judgments a r i s i n g out of defendants t r a d e , business or p r o f e s s i o n ; (6) money on premises; (7) Negotiable documents of t i t l e ; (8) Instruments; and (9) S e c u r i t i e s . d. Q I 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. C3 Plaintiffs 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. Ql The court issued a Right to Attach Order on (date): (Attach a copy.) 12. Q l Nonresident defendant has not filed a general appearance. AT-105 [Rev, July 1,2010) APPLICATION F O R RIGHT TO ATTACH ORDER, Page 2 of 3 P I Mnmno,.„-, T E M P O R A R Y P R O T E C T I V E O R D E R , E T C . (Attachment) I [SStHMFORMS"' California Bank & Trust AT-105 SHORT TITLE: CASE NUMBER: — C a l i f o r n i a Bank & T r u s t v. VSS Countertop 13. a. Plaintiff • alleges on ex parte application for order for writ of attachment Q l 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) Q it may be inferred that there is a danger that the property sought to be attached will be (a) concealed. (b) ^ 3 substantially impaired in value. (c) C 3 made unavailable to levy by other lhan concealment or impairment in value. (2) Q defendant has failed to pay the debt underiying the requested attachment and is insolvent as defined in Code of Civil Procedure section 485.010(b)(2). (3) • a bulk sales notice was recorded and published pursuant to division 6 of the Commercial Code with respect to a bulk transfer by the defendant. (4) Q l an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to the sale by the defendant. (5) Q l other circumstances (specifyl- b. The statements in item 13a are established by C3 the attached affidavit or declaration I I the following facts (specify): 14. Ql Plainfiff requests the following relief by temporary protective order (specify): 15. Plaintiff a. 1X1 hasfiledan undertaking in the amount of: $ $ i o , OOO 1'° ^le f i l e d b e f o r e hearing b, ^ 3 has not filed an undertaking. Date: June I t , 2015 Jamie P. Dreher (TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) / I / (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) DECLARATION I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: J u n e | 1 , 2015 Raye Ann Jnhn.qnn ^ (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 16. Number of pages attached: AT-105 (Rev. July 1,2010] A P P L I C A T I O N F O R RIGHT T O A T T A C H O R D E R , page 3°'3 O T E M P O R A R Y P R O T E C T I V E O R D E R , E T C . (Attachment) l l ^ ESSENTA l l FORMS" C a l i f o r n i a Bank & Trust AT-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY Jlamie P. Dreher (SBN 209380) Connor W. Olson (SBN 291493) \ ri\/\V DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 18th F l r o i t ^ Sacramento, CA 95814 TELEPHONENO,: ( 9 1 6 ) 444-1000 FAXNO.(Optiona)): ( 9 1 6 ) 444-2100 E-MAIL ADDRESS (Of>tional): j dreherOdowneybrand.com ATTORNEY FOR (Name); C A L I F O R N I A BANK & TRUST SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento STREETADDRESS: 720 N i n t h S t r e e t MAIUNG ADDRESS: CITY AND ZIP CODE: Sacramento, CA 95814 BRANCH NAME: PLAINTIFF: CALIFORNIA BANK & TRUST, a C a l i f o m i a corporation DEFENDANT.VSS Countertops I n c . ; Duane Tucker; Marcia Tucker; and DOES 1 through 50, Inclusive I X I RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF CASE NUI/BER: ATTACHMENT AFTER HEARING 34-2015-00180690 Q l ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER HEARING 1. a. The application of plaintiff fname;.- C A L I F O R N I A BANK & T R U S T , a C a l i f o r n i a corporation for ( X I a right to attach order and order for issuance of writ of attachment C 3 an order for issuance of additional writ-of attachment against the property of defendant (name): Duane Tucker came on for hearing as follows: (1) Judge (name): (2) Hearing date: '7)(2^'\ Time: ' ^ a y ^ Q l DepL: ^*-( Q | Div.: Q l Rm.: b. The following persons were present at the hearing: (1) 1X1 Plaintiff (name;; CA Bank & T r u s t (3) 1X1 Plaintiffs attomey (name): (2) Ql Defendant (name): (4) C 3 Defendant's attomey (name): FINDINGS 2. THE COURT FINDS a. Defendant Cspec/fy name;; D u a n e T u c k e r is a 2 1 natural person Q | partnership unincorporated association corporation Ql other (specify): b. The claim upon which the application is based is one upon which an attachment may be issued. c. 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 fhe attachment is greater than zero. f. ( X I Defendant failed to prove that all the property described in plaintiffs application is exempt from attachment. g. Q l The following property of defendant, described in plaintiffs application (1) Ql is exempt from attachment (specify): (2) • is not exempt from attachment (specify): h. Q l The following property, not described in plaintiffs application, claimed by defendant to be exempt (1) Ql is exempt from attachment (specify): (2) Ql is not exempt from attachment (specify): 1. An undertaking in the amount of: $ 1 0 , 0 0 0 is required before a writ shall issue, and plaintiff I I has [ 3 has not filed an undertaking in that amount, j . A Right to Attach Order was issued on ("dafe;; pursuant to Ql Code of Civil Procedure section 484.090 (on hearing) • Code of Civil Procedure section 485.220 (ex parte) k. • Other (specify): Page 1 of 2 Form AppTOved for Optional Use RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Code of Civil Proc,, §§ 482,030, 484,090: Judicial Council of California Welfare S Institutions Code, § 15657,01 AT-120 [Rev. July 1.2010J FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) www. courtinfo. ca.gov C a l i f o r n i a Bank & T r u s t I ESSENTA l l FORHS" AT-120 SHORT TITLE: CASE NUMBER: _ C a l i f o r n i a Bank & Trust v. VSS Countertop ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name;; D u a n e Tucker in the amount of: $ 10,000 b. Q l The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached. c. The clerk shall issue [ X I a writ of attachment Q j an additional writ of attachment in the amount stated in item 3a m forthwith ( X I upon the filing of an undertaking in the amount of: $ 10,000 (1) Q l for any property of a defendant who is not a natural person for which a method of levy is provided. (2) (XJ 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): i l ) I n t e r e s t s i n r e a l p r o p e r t y except w i t h leasehold e s t a t e s w i t h unexpired terms of l e s s than one y e a r . T h i s i n c l u d e s , w i t h o u t l i m i t a t i o n , the r e a l p r o p e r t i e s commonly known as (1) 7910 Walerga Rd. 5-512, Antelope, CA 95843, and (2) 400 Del Verde C i r . 148, Sacramento, CA 95833. A d d i t ; i o n a l l y , (2) Accounts r e c e i v a b l e , c h a t t e l paper, and general i n t a n g i b l e s a r i s i n g out of the conduct by the defendant o f a t r a d e , business or p r o f e s s i o n , except any such i n d i v i d u a l c l a i m w i t h a p r i n c i p a l balance o f l e s s than one hundred f i f t y d o l l a r s ($150); (3) Esquipment; (4) I n v e n t o r y ; (5) F i n a l money judgments a r i v i n s out o f defendants t r a d e , business or p r o f e s s i o n ; (6) money on premises; (7) Negotiable documents o f t i d e ; (8) Instruments; and (9) S e c u r i t i e s . (3) ^ 3 fo"" 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) Ql for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): d. Q l 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) ^ 3 sny documentary evidence in defendant's possession of debt owed to defendant described in item 3c; (3) C3 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. Ql Other (specify): f. Total number of boxes checked in item 3: ^ Date: JUDICIAL OFFICER AT-i20(Rev July 12010) R I G H T T O A T T A C H O R D E R AFTER H E A R I N G A N D O R D E R Pafle2of2 rr^ Ma„M,c,s F O R I S S U A N C E O F WRIT O F A T T A C H M E N T (Attachment) IS)FSMlAlFORMS'" C a l i f o r n i a Bank & T r u s t AT-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY _ilamie P. Dreher (SBN 209380) Connor W. Olson (SBN 291493) DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 1 8 t h Sacramento, CA 95814 TELEPHONENO,; ( 9 1 6 ) 444-1000 FAX NO.fOptona/): ( 9 1 6 ) 444-2100 E-MAIL ADDRESS (Optional): j dreher®downeybrand. com ATTORNEY FOR fWameJ; C A L I F O R N I A BANK & TRUST SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento STREETADDRESS: 720 N i n t h S t r e e t MAILING ADDRESS: CITY AND ZIP CODE: Sacramento, CA 95814 BRANCH NAME PLAINTIFF: CALIFORNIA BANK & TRUST, a California corporation DEFENDANT: VSS Countertops I n c ; Duane Tucker; M a r c i a T u c k e r ; and DOES 1 t h r o u g h 50, I n c l u s i v e f x l RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF CASE NUMBER: ATTACHMENT AFTER HEARING 34-2015-00180690 r~| ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER HEARING The application Of plaintiff (name;; C A L I F O R N I A BANK & T R U S T , a C a l i f o r n i a c o r p o r a t i o n for a right to attach order and order for issuance of writ of attachment • an order for issuance of additional writ-df attachment against the property of defendant (name): Marcia Tucker came on for hearing as follows: (1) Judge (name): (2) Hearing date:. Zq-IS" Time: ' ^ ^ ^ v n • Dept: 5*4 Ql Div.: • Rm.: The following persons were present at the hearing: (1) 1X1 Plaintiff (name;; CA Bank & T r u s t (3) Q1 Plaintiffs attomey (name): (2) Ql Defendant (name): (4) Q | Defendant's attomey (name): FINDINGS THE COURT FINDS a. Defendant fspec/^riame;; M a r c i a T u c k e r is a ( X I natural person ^ 3 partnership I I unincorporated association corporation ^3 other (specify): The claim upon which the application is based is one upon which an attachment may be issued. Plaintiff has established the probable validity ofthe claim upon which the attachment is based. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. The amount to be secured by the attachment is greater than zero. I I Defendant failed to prove that all the property described in plaintiffs application is exempt from attachmenL I I The following property of defendant, described in plaintiff's application (1) is exempt from attachment (specify): (2) ^3 is not exempt from attachment (specify): h. Q l The following property, not described in plaintiffs application, claimed by defendant to be exempt (1) C3 is exemptfiromattachment (specify): (2) Ql is not exempt from attachment (specify): i. ( X I An undertaking in the amount of: S 1 0 , 0 0 0 is required before a writ shall issue, and plaintiff I I has \ x \ has not filed an undertaking in that amount, j . A Right to Attach Order was issued on (date): pursuant to Q l Code of Civil Procedure section 484.090 (on hearing) • Code of Civil Procedure section 485.220 (ex parte) k. l U Other (spec/fy;; Page 1 of 2 Form Approved for Optional Use Judicial Council of California RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Code of Civil Proc,, §§ 482,030, 484.090: AT-120 [Rev. July 1.2010) FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) '^'""""'^'''"°"^^:^S.-^v if jxl Mattin Deani C a l i f o r n i a Bank & Trust SESSfNTIAl FORMS"' AT.120 SHnRT TITllE: CASE NUMBER: _ C a l i f o r n i a Bank & Trust v. VSS Countertop 34-2015-00180690 ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name): M a r c i a Tucker in the amount of: $ 10,000 b. I i The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached. c. The clerk shall issue ( ^ a writ of attachment ^ 3 an additional writ of attachment in the amount stated in item 3a [ X I forthwith ( X l upon the filing of an undertaking in the amount of: $ 10,000 (1) ( U for any property of a defendant who is not a natural person for which a method of levy is provided. (2) Q l 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) I n t e r e s t s i n r e a l p r o p e r t y except w i t h l e a s e h o l d e s t a t e s w i t h unexpired terms o f l e s s than one year. This i n c l u d e s , w i t h o u t l i m i t a t i o n , the r e a l p r o p e r t i e s commonly known as (1) 7910 Walerga Rd. 5-512, Antelope, CA 95843, and (2) 400 Del Verde C i r . 148, Sacramento, CA 95833. A d d i t i o n a l l y , (2) Accounts r e c e i v a b l e , c h a t t e l paper, and g e n e r a l i n t a n g i b l e s a r i s i n g o u t o f t h e conduct by t h e defendant o f a t r a d e , business o r p r o f e s s i o n , except any such i n d i v i d u a l c l a i m w i t h a p r i n c i p a l balance o f l e s s t h a n one hundred f i f t y d o l l a r s ($150); (3) Esquipment; (4) I n v e n t o r y ; (5) F i n a l money judgments a r i v i n s out o f defendants t r a d e , business o r p r o f e s s i o n ; (6) money on premises; (7) Negotiable documents o f t i t l e ; (8) I n s t r u m e n t s ; and (9) Securities. (3) Q l 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) for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): d. ^ 3 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) Q l any documentary evidence in defendant's possession of debt owed to defendant described in item 3c; (3) t3 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. Ql Other (specify): f. Total number of boxes checked in item 3: Date: JUDICIAL OFFICER AT-i2oii^ev July 1 2010) RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER PaBe2ot2 (O) >.ar.inDr.n> FOR ISSUANCE O F WRIT OF ATTACHMENT (Attachment) IsESSlNTIAlFORMS"' C a l i f o r n i a Bank & Trust fc. AT-120 ATTORNEY OR PARTY WITHOUT ATTORNEY CName, Sfafe Bar number, and address): f=OR COURT USE ONLY Ulamie P. Dreher (SBN 209380) Connor W. Olson (SBN 2914 93) DOWNEY BRAND LLP, 621 C a p i t o l M a l l , 1 8 t h F l o o r Sacramento, CA 95814 TELEPHONENO.: ( 9 1 6 ) 4 4 4 - 1 0 0 0 FAX NO.fOp/ibna/|- ( 9 1 6 ) 4 4 4 - 2 1 0 0 E-MAIL ADDRESS (Optional): j dreherOdowneybrand. com ATTORNEY FOR (Name): C A L I F O R N I A BANK & TRUST SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento STREETADDRESS: 720 N i n t h S t r e e t MAILING ADDRESS: CITYANDZIPCODE: Sacramento, CA 95814 BRANCH I^ME: PLAINTIFF: CALIFORNIA BANK & TRUST, a California corporation DEFENDANT:VSS Countertops I n c . ; Duane Tucker; Marcia Tucker; and DOES 1 through 50, I n c l u s i v e 1X1 RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF CASE NUMBER: ATTACHMENT AFTER HEARING 34-2015-00180690 Q l ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER HEARING a. The application of plaintiff (r7ame;; C A L I F O R N I A BANK & T R U S T , a C a l i f o r n i a corporation for ( 2 1 a right to attach order and order for issuance of writ of attachment I I an order for issuance of additional writ-of attachment against the property of defendant (name;; VSS C o u n t e r t o p s , I n c . came on for hearing as follows: (1) Judge (name): (2) Hearing date: Time: ^ c . ^ Q l Dept. Q l Div.: Q l Rm.: b. The following persons were present at the hearing: (1) 1X1 Plaintiff (name;; CA B a n k & T r u s t (3) Plaintiff's attomey (name): (2) Ql Defendant (name): (4) ^3 Defendant's attomey (name): FINDINGS 2, THE COURT FINDS a. Defendant (spec/fy name;; VSS C o u n t e r t o p s , I n c . is a Q l natural person Q | partnership Ql unincorporated association [XI corporation other (specify): The claim upon which the application is based is one upon which an attachment may be issued. Plaintiff has established the probable validity ofthe claim upon which the attachment is based. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. The amount to be secured by the attachment is greater than zero. (3 Defendant failed to prove that all the property described in plaintiffs application is exemptfiromattachment. The following property of defendant, described in plaintiffs application (1) Ql is exempt from attachment (specify): (2) 1^ is not exempt from attachment (specify): h. Q l The following property, not described in plaintiffs application, claimed by defendant to be exempt (1) 1^ is exempt firom attachment (specify): (2) 1^ is not exempt from attachment (specify): i. 1X1 An undertaking in the amount of: $ 1 0 , 0 0 0 is required before a writ shall issue, and plaintiff I I has \ x \ has not filed an undertaking in that amount, j . A Right to Attach Order was issued on (date): pursuant to Ql Code of Civil Procedure section 484.090 (on hearing) • Code of Civil Procedure section 485.220 (ex parte) k. Ql Other (specify): Page 1 of 2 Form Approved for Oplional Use Judicial Council of Califomia RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Code of Civil Proc. §§ 482.030, 484,090: AT-12D[Rev, July 1,2010) FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) * ''''''"°':^c'oulJi^!I:^:v ( r y \ Martin DcanV C a l i f o r n i a Bank & T r u s t felBSlHTIAl FORMS" AT-120 SHORT TITLE: CASE NUMBER: _ C a l i f o r n i a Bank & T r u s t v. VSS Countertop 34-2015-00180690 ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name;; VSS C o u n t e r t o p s , Inc. in the amount of: $ 10,000 b. Q l The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached. c. The clerk shall issue ( X I a writ of attachment C 3 an additional writ of attachment in the amount stated in item 3a f x l forthwith ( X l upon the filing of an undertaking in the amount of: $ 10,000 (1) 1X1 for any property of a defendant who is not a natural person for which a method of levy is provided. (2) 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): (3) Ql 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) for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): d. Q Defendant shall transfer to the levying officer possession of (1) Q l any documentary evidence in defendant's possession of titie to any property described in item 3c; (2) Q l any documentary evidence in defendant's possession of debt owed to defendant described in item 3c; (3) Ql 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: 4 Date: JUDICIAL OFFICER AT-120 (Rev July 1,2010) RIGHT T O A T T A C H O R D E R AFTER H E A R I N G A N D O R D E R pafle2of2 0 | AfarrinDr... F O R I S S U A N C E O F W R I T O F A T T A C H M E N T (Attachment) l»±J[SSfNTIAlFORMS'" C a l i f o r n i a Bank & T r u s t