Order: DIVISION OF LABOR STANDARDS ENFORCEMENT, VS. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, et al

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                                   San Francisco Superior Courts
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                           Document Scanning Lead Sheet
                                            Jul-20-2004   4:21 pm




                                   Case Number: CGC-02-413272

                                     Filing Date: Jul-20-2004 4:21

                                 Juke Box: 001        Image: 01000727

                                                 ORDER




AABOR STANDARDS ENFORCEMENT, VS. COLONIAL AMERICAN CASUALTY AND SURE




                                            001001000727




    Instructions:
    Please place this sheet on top of the document to be scanned.
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                                                                                                                                                                                 AT-120
                                                                                                                                                   FOR COURT USE ONLY
  ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
 | Timothy E. Elliott,                  Esq.         (Bar No. 210640)
    WATT, TIEDER,            HOFFAR & FITZGERALD,                           L.L.P.
    Citigroup Center
    One Sansome Street,                 Suite 810
    San Francisco,             California 94104
         TELEPHONE NO.: 415-623-7000                                   FAX NO.: 415-623-7001
  ATTORNEY FOR (Name): Colonial American Casualty                      And Surety Compan:                                                  Oy
        NAME OF COURT: San Francisco County Superior Court                                                                                     Sp,
       STREET ADDRESS: 400 McAllister Street
      MAILING ADDRESS:
                                                                                                                           &      %          %        , “ty
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                                                                                                                                                                             0
     CITY AND ZIP CODE: San Francisco,                CA 94102
          BRANCH NAME: Civic Center Courthouse
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                                                                                                                                                  Ny, &%
    PLAINTIFF: Division of Labor Standards Enforcement
                                                                         Casualty         And     Surety                                                                         Se
    DEFENDANT:
    Company
                                        Colonial        American                                                                                       x
   “X_| RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF                                                                   CASE NUMBER:                  % “f-
                       ATTACHMENT AFTER HEARING                                                                                   cGc-02-41
                       ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
                       HEARING
                                                                 Cotonial American Casualty                            And            Surety         Company             ‘
  4.a. The                      application ofpGReE ones
           for '                    a right to attach order and order for issuance of writ of attachment
                                      an order for issuance of additional writ of attachment
           against the property of defendant(name): cross-defendant:                                        Edward         Breyburg
           came on for hearing as follows:
           (1) Judge (name): Hon.       Henry Ramsey,    Jr.                                                                                                         -
            (2) Hearing date: 7/7/04                                    Time:   10:30      a.m.       [x] Dept: 610               [)      Div.:                          J Rm.
     b. The following persons were present at the hearing:
                                                                                                (3) [X_LPlaiatiés attorney (name):                          Timothy              E.
        Aye      Plaintiff (name):
                                                                                                         cross-complainant's                                Elliott,              Esq.
            2)                  | Defendant (name):                                             (4) [X_Hefencant's attorney (name):                     Frederick                     J.
                                                                                                          cross-defendant's                            Northrop,                  Esq.
                                                                                         FINDINGS
  2. THE COURT FINDS
Cros#—Defendant (specify name):                            Edward       Breyburg                                     isa        (3)     natural person          {7 partnership
             [_]                unincorporated association               | corporation       [__] other (specify):
           . The claim upon which the application is based is one upon which an attachr                               * may be issued.
              Plaintiff has established the probable validity of the claim upon which the 7                                    “sis based.
           |. The attachment is not sought for a purpose other than the recovery on tr
                                                                                                                                   “sich the attachment is based.
           . The amount to be secured by the attachment is greater than zero.
                                Defendant failed to prove that all the property described in pla’
                                                                                                                                                  om attachment.
                 iUl      _| The           following property of defendant, described in plaintiff's a"        Op 6,
                                                                                                                                      Ny
                                (1)              is exempt from attachment (specify):

                                (2) 6       '] is not exempt from attachment (specify):

     h                          The following property, not described in plaintiff's application, claime.                                             apt
                                a) Co is exempt from attachment (specify):
                                (2)     [jis     not exempt from attachment (specify):

                       “X] An undertaking in the amount of:$                50,000.00                        is required before a writ shall issue, and plaintiff

                                 [has                [XT   has not         filed an undertaking in that amount.
             A Right to Attach Order was issued on (date):                                                                                        pursuant to
     J
                    Code of Civil Procedure section 484.090 (on hearing)                                    Code of Civil Procedure section 485.220 (ex parte)

      k.               c ~__|    Other (specify):


                                                                                   (Continued on reverse)


                                                                                                                                                      ifs
                                                                                                                                                                     Code of Civil Procedure,
  Form Approved for Optional Use                        RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER                                                            g       98 482.030, 484.090
   Judicial Council of California
   AT-120 [Rev. January 1, 2000]                        FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
~                                                  ww
    SHORT   TITLE:       DLSE   v.   Colonial     American                                          CASE NUMBER:
1                                                                                                   CGC-02-413272

                                                                  ORDER
3. THE COURT ORDERS
     a. Plaintiff has a right to attach property of-defendarnt(name):    cross-defendant:            Edward       Breyburg

        in the amountof: $ 588,807.39
     b. [_] The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached.
     c. The clerk shall issu          awrit of attachment    [__]an additional writ of attachment    in the amount stated in item 3a
        (J forthwith                pon the filing of an undertaking in the amount of: $ 50,000.00
               (1) (_] 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):
                                     See   Attachment           wan     hereto      (2   pages      total)




               (3) [] 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 plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license
                       number is (specify):



     d. (__]Defendant shall transfer to the levying officer possession of
            (1)      any documentary evidence in defendant's possession of title to any property described in item 3c;
            (2) [__] any documentary evidence in defendant's possession of debt owed to defendant described in item 3c;
               (3) [J 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):
                                                                          ACTING AS JUDGE OF [HE
      f. Total number of boxes checked in item 3:     3
                                                      3
                                                                          COURT IN THE ABSENCE OF THE
                                                                          JUDGE WHO HEARD THE CAUSE.
Date:                JUL 19 200g
            _| ROBERT        L. DONDERO, __
                (TYPE OR PRINT NAME)
                                                                          >              (SIGNATURE OF JUDGE OR COMMISSIONER)
AT-120 (Rev. January 1, 2000]        RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER                                                  Page two
                                     FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
Attachment “A”
                                                      (Property and Assets)

             a.           A   lien, pursuant to California Code of Civil Procedure section 491.410, et. seq., in

any   money               judgment        or   settlement   proceeds      otherwise     payable    to   Cross-Defendants
COMPETENT, Michael Plotitsa, Jane Plotitsa, Edward Breyberg, and Ludmila Breyburg, in any

pending           court       case,    arbitration,   mediation,     hearing,   administrative     proceeding,    or other
proceeding.

          b               Any and all interests in real- property except leasehold estates with unexpired

terms of less than one year of Cross-Defendants COMPETENT,                              Michael Plotitsa, Jane Plotitsa,

Edward Breyberg, and Ludmila Breyburg (method of levy provided for by California Code of

Civil Procedure,               Chapter     8, Article 2, section 488.300,        et seq., and      sections   700.015   and

700.080) including, but not limited to:

                          1           Real property described as follows:

                                      507 19 Avenue, San Francisco, California           94121

                                      270 Linden Street, Apartment 3, San Francisco, California 94102

                                      558 22™4 Avenue, San Francisco, California 94121

                                      1323 Natoma Street, San Francisco, California 94103

                                      324 South Van Ness Avenue, San Francisco, California 94103

                                      340 Shotwell Street, San Francisco, California 94110

                                      1917 Mission Street, San Francisco, California 94103

                               e      1933 Mission Street, San Francisco, California 94103

       Cc.                Negotiable      documents      of title,    instruments,    securities   of   Cross-Defendants
Michael Plotitsa, Jane Plotitsa, Edward Breyberg, and Ludmila Breyburg.
                                                                                                        (Method of levy
provided for by California Code of Civil Procedure, Chapter 8, Article 2, section 488.300, et

seq., and sections 700.020, 700.110, 700.120, and 700.130).

          d    Any and all of either or both of Cross-Defendants Michael Plotitsa, Jane Plotitsa,

Edward Breyberg, and Ludmila Breyburg’s right, title and interest in any monies due or to

become due under any policy of insurance, including but not limited to claims under any policy

of insurance, including but not limited to claims under builder’s risk, fire, employee dishonesty

or workers’ compensation insurance policies, including premium refunds and including the

proceeds and products thereof.




SF#3673