On February 13, 2020 a
Request,Application
was filed
involving a dispute between
Legalist, Inc.,
and
Myrick, Russell,
Rdm Legal Group,
for CONTRACT/WARRANTY
in the District Court of San Francisco County.
Preview
AT-105
and saumssr
ATTORNEY OR PARTY IMTHOUT ATTORNEY fwame, Stele Ear nu mow,
FOR COURT I/EE ONLY
Christopher D. Sullivan, SBN 148083
IAMOND MCCARTHY LLP
150 California Street, Suite 2200, San Francisco, CA 94111
41 5-262-9200 ELECTRONICALLY
TELEPHONE No 41 5-692-520Q FINO foofmnM):
csullivanLIdiamondmccarthy.com
E-MAILADDREss(DPiona» F I L E D
Plaintiff LEGALIST,
A'TTORNEYFORINarrlof: INC., a Delaware corporation Superior Court of California,
County of San Francisco
EUPERIQR coURT OF GALIFoRNIA, OOUNTY OF SAN FRANCISCO
sTREETADDREss 400 McAllister Street 02/14/2020
MAILING ADDRESS
Clerk of the Court
BY: ERNALYN BURA
cITYANozlpcoDE: San Flanclsco, CA 94102 Deputy Clerk
BRANDHNAME: Civic Center Courthouse
PLAINTIFF: LEGALIST, INC., a Delaware corPoration
DEFENDANT: RUSSEL MYRICK, an individual, et al.
APPLICATION FOR cAsE NUMBER CGC-20-382932
RIGHT To ATTACH ORDER M TEMPORARY PROTECTIVE ORDER Reservation No. 02140317-03
ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
E3
After Hearing ~
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
~ Ex Parte
Against Property of Nonresident
LEGALIST, INC., a Delaware corporation
1. Plaintiff(name)'I
applies MX after hearing ~ ex parte for
a.
b.
c.
~
MX
~/
a right to attach order and writ of attachment.
an additional writ of attachment.
a temporary protective order.
d. Mv
(1)~
an order directing the defendant to transfer to the levying officer possession of
property in defendant's possession.
(2)
(3)~
~d documentary evidence in defendant's possession of title to property.
documentary evidence in defendant's possession of debt owed to defendant.
2. Defendant (name): RUSSEL MYRICK
a. MJ is a natural person who
(1) Md resides in Cahfornia.
M
b ~ (2)
~
does not reside in California.
is a corporation
(1) qualified to do business in California.
(2)M not qualified to do business in Cakfornia.
M
c.
d. ~ is a California partnership or other unincorporated association.
~
is a foreign partnership that
(1) has filed a designation under Corporations Code section 158DO.
C3
e. ~ (2) has not filed a designation under Corporations Code section 158DO.
is other (specify):
3. Attachment is
Code of Civil Procedure section 483.010 ~
sought to secure recovery on a claim upon which attachment may issue under (check one):
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. Plamtiff has no information or belief that the claim is discharged or the prosecution of the action is stayed in a proceeding under
title 11 of the united States Code (Bankruptcy).
Paso 1 of 3
APPLICATION
Ndroal Courail of Caldornla
FOR RIGHT TO ATTACH ORDER Inslaulona Code, » 13»31.01
W Ilare.
3,
Ar 1Ã(Rea Jul 1,2»1»l TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) www.won nfo ue Oov
AT-1 05
SHORT T)TLE: CA5E NUMBER
LEGALIST, INC. v. MYRICK, et al. 4TJ4-20-582932
13. a. ~
Plaintiff alleges on ex parte application for order for writ of attachment
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
(I) ~f
~
it may be inferred that there is a danger that the property sought to be attached will be
~
(a)
(b)
concealed.
substantially impaired in value.
(2)~ (c) ~K made unavailable to levy by other than concealment or impairment in value.
defendant has failed to pay the debt underlying the requesied attachment and is insolvent as defmed in Code of Civil
Procedure section 485.010(b)(2).
(3)C3 a bulk sales notice was recorded and published pursuant to division 6 of the Commercial Code with respect to a bulk
(4)~ transfer by the defendant.
an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to
(5)~ the sale by the defendant
other circumstances (specify):
Defendant has failed to pay the debt underlying the requested attachment, despite
Plaintiffs requests.
~f
b.
~
The statements in item 13a are established by
the following facts (speafy):
See concurrently filed
the attached affidavit or declaration
Declaration of Curtis Smolar.
14. ~F Plaintiff requests the following relief by temporary protective order (specify).
(1) Defendant and institutions holding funds in Defendant's name shall be restrained from
transferring any interest in those accounts to anyone but a levying officer; (2) Defendant
shall refrain from taking any actions impeding attachment of assets; (3) Defendant shall be
restrained from further transfer of attachable assets that have not been identified.
15.
a.
b.
~
Plaintiff
~v'as
has filed an undertaking in the amount of: $
not filed an undertaking.
Date: 2/12/2020
Christo her D. Sullivan
ITYPEOR PRINT NAME OF
PIAI
N OR PLAINTIFF'4 AT TOF! NEY)
TIFF TUREOFPIAINTIFFORP INTIFPSATTORNEY)
DECLARATION
Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date 2/ /2020
Curtis Smolar
ITYPE OR PRINT NAME) ISICNATURE OF OEOARANT)
16. Number of pages attached:0
AT-155 July I, 3010) Pasa 3 of 3
)ROT
APPLICATION FOR RIGHT TO ATTACH ORDER,
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
AT-105
SHORT TITLE. CASE NUMSER
CGC-20-582932
LEGALIST, INC. v. MYRICK, et al.
13. a. ~
Plaintiff alleges on ex parle application for order for wnt of attachment
is informed and believes on application for temporary protective order
that plaintiff will suffer great or irreparable mjury if the order is nat issued before the matter can be heard on notice because
(1) ~M it may be inferred that there is a danger that the properly sought to be attached will be
(a)~
(b)~ concealed,
substantially impaired in value.
~v'ade
(2)~ (c) unavailable to levy by other than concealment or impairment in value.
defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil
(3)~ Procedure section 485.010(b)(2).
a bulk sales notice was recorded and published pursuant to division 6 af the Commercial Code with respect to a bulk
(4)~ transfer by the defendant.
an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to
the sale by the defendant.
(5)M other circumstances (specify):
Defendant has failed to pay the debt underlying the requested attachment, despite
Plaintiffs requests.
~
b. The
the following facts (speci(y):
See
~v
statements in item 13a are established by the attached affidavit or declaration
concurrently filed Declaration of Curtis Smolar.
14. ~V Plaintiff requests the fallowing relief by temporary protective order (specify):
(1) Defendant and institutions holding funds in Defendant's name shall be restrained from
transferring any interest in those accounts to anyone but a levying officer;(2) Defendant
shall refrain from taking any actions impeding attachment of assets; (3) Defendant shall be
restrained from further transfer of attachable assets that have not been identified.
15
a
b.
~
Plaintiff
EP3
has filed an undertaking in the amount of: $
has not fited an undertaking.
Date 2/12/2020
Christopher D. Sullivan
(TYPE OR PRINT NAME OF PLASMIFF OR PIAINTIFPF ATTORNEY) (SIGNATURE OF PIAINTIFF OR PLAINTIFF'S ATTORNEY)
DECLARATION
Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date. 2/ 12 /2020
Curtis Smolar
(TYPE OR PRINT NAME) (SIGNATURE OF OECUIRANT)
0
16. Number of pages attached:
AT-igg [Rev Jell I, gaia) Page 2 ei 2
APPLICATION FOR RIGHT TO ATTACH ORDER,
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
Document Filed Date
February 14, 2020
Case Filing Date
February 13, 2020
Category
CONTRACT/WARRANTY
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AT-105 and saumssr ATTORNEY OR PARTY IMTHOUT ATTORNEY fwame, Stele Ear nu mow, FOR COURT I/EE ONLY Christopher D. Sullivan, SBN 148083 IAMOND MCCARTHY LLP 150 California Street, Suite 2200, San Francisco, CA 94111 41 5-262-9200 ELECTRONICALLY TELEPHONE No 41 5-692-520Q FINO foofmnM): csullivanLIdiamondmccarthy.com E-MAILADDREss(DPiona» F I L E D Plaintiff LEGALIST, A'TTORNEYFORINarrlof: INC., a Delaware corporation Superior Court of California, County of San Francisco EUPERIQR coURT OF GALIFoRNIA, OOUNTY OF SAN FRANCISCO sTREETADDREss 400 McAllister Street 02/14/2020 MAILING ADDRESS Clerk of the Court BY: ERNALYN BURA cITYANozlpcoDE: San Flanclsco, CA 94102 Deputy Clerk BRANDHNAME: Civic Center Courthouse PLAINTIFF: LEGALIST, INC., a Delaware corPoration DEFENDANT: RUSSEL MYRICK, an individual, et al. APPLICATION FOR cAsE NUMBER CGC-20-382932 RIGHT To ATTACH ORDER M TEMPORARY PROTECTIVE ORDER Reservation No. 02140317-03 ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT E3 After Hearing ~ ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT ~ Ex Parte Against Property of Nonresident LEGALIST, INC., a Delaware corporation 1. Plaintiff(name)'I applies MX after hearing ~ ex parte for a. b. c. ~ MX ~/ a right to attach order and writ of attachment. an additional writ of attachment. a temporary protective order. d. Mv (1)~ an order directing the defendant to transfer to the levying officer possession of property in defendant's possession. (2) (3)~ ~d documentary evidence in defendant's possession of title to property. documentary evidence in defendant's possession of debt owed to defendant. 2. Defendant (name): RUSSEL MYRICK a. MJ is a natural person who (1) Md resides in Cahfornia. M b ~ (2) ~ does not reside in California. is a corporation (1) qualified to do business in California. (2)M not qualified to do business in Cakfornia. M c. d. ~ is a California partnership or other unincorporated association. ~ is a foreign partnership that (1) has filed a designation under Corporations Code section 158DO. C3 e. ~ (2) has not filed a designation under Corporations Code section 158DO. is other (specify): 3. Attachment is Code of Civil Procedure section 483.010 ~ sought to secure recovery on a claim upon which attachment may issue under (check one): 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. Plamtiff has no information or belief that the claim is discharged or the prosecution of the action is stayed in a proceeding under title 11 of the united States Code (Bankruptcy). Paso 1 of 3 APPLICATION Ndroal Courail of Caldornla FOR RIGHT TO ATTACH ORDER Inslaulona Code, » 13»31.01 W Ilare. 3, Ar 1Ã(Rea Jul 1,2»1»l TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) www.won nfo ue Oov AT-1 05 SHORT T)TLE: CA5E NUMBER LEGALIST, INC. v. MYRICK, et al. 4TJ4-20-582932 13. a. ~ Plaintiff alleges on ex parte application for order for writ of attachment 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 (I) ~f ~ it may be inferred that there is a danger that the property sought to be attached will be ~ (a) (b) concealed. substantially impaired in value. (2)~ (c) ~K made unavailable to levy by other than concealment or impairment in value. defendant has failed to pay the debt underlying the requesied attachment and is insolvent as defmed in Code of Civil Procedure section 485.010(b)(2). (3)C3 a bulk sales notice was recorded and published pursuant to division 6 of the Commercial Code with respect to a bulk (4)~ transfer by the defendant. an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to (5)~ the sale by the defendant other circumstances (specify): Defendant has failed to pay the debt underlying the requested attachment, despite Plaintiffs requests. ~f b. ~ The statements in item 13a are established by the following facts (speafy): See concurrently filed the attached affidavit or declaration Declaration of Curtis Smolar. 14. ~F Plaintiff requests the following relief by temporary protective order (specify). (1) Defendant and institutions holding funds in Defendant's name shall be restrained from transferring any interest in those accounts to anyone but a levying officer; (2) Defendant shall refrain from taking any actions impeding attachment of assets; (3) Defendant shall be restrained from further transfer of attachable assets that have not been identified. 15. a. b. ~ Plaintiff ~v'as has filed an undertaking in the amount of: $ not filed an undertaking. Date: 2/12/2020 Christo her D. Sullivan ITYPEOR PRINT NAME OF PIAI N OR PLAINTIFF'4 AT TOF! NEY) TIFF TUREOFPIAINTIFFORP INTIFPSATTORNEY) DECLARATION Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date 2/ /2020 Curtis Smolar ITYPE OR PRINT NAME) ISICNATURE OF OEOARANT) 16. Number of pages attached:0 AT-155 July I, 3010) Pasa 3 of 3 )ROT APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) AT-105 SHORT TITLE. CASE NUMSER CGC-20-582932 LEGALIST, INC. v. MYRICK, et al. 13. a. ~ Plaintiff alleges on ex parle application for order for wnt of attachment is informed and believes on application for temporary protective order that plaintiff will suffer great or irreparable mjury if the order is nat issued before the matter can be heard on notice because (1) ~M it may be inferred that there is a danger that the properly sought to be attached will be (a)~ (b)~ concealed, substantially impaired in value. ~v'ade (2)~ (c) unavailable to levy by other than concealment or impairment in value. defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil (3)~ Procedure section 485.010(b)(2). a bulk sales notice was recorded and published pursuant to division 6 af the Commercial Code with respect to a bulk (4)~ transfer by the defendant. an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to the sale by the defendant. (5)M other circumstances (specify): Defendant has failed to pay the debt underlying the requested attachment, despite Plaintiffs requests. ~ b. The the following facts (speci(y): See ~v statements in item 13a are established by the attached affidavit or declaration concurrently filed Declaration of Curtis Smolar. 14. ~V Plaintiff requests the fallowing relief by temporary protective order (specify): (1) Defendant and institutions holding funds in Defendant's name shall be restrained from transferring any interest in those accounts to anyone but a levying officer;(2) Defendant shall refrain from taking any actions impeding attachment of assets; (3) Defendant shall be restrained from further transfer of attachable assets that have not been identified. 15 a b. ~ Plaintiff EP3 has filed an undertaking in the amount of: $ has not fited an undertaking. Date 2/12/2020 Christopher D. Sullivan (TYPE OR PRINT NAME OF PLASMIFF OR PIAINTIFPF ATTORNEY) (SIGNATURE OF PIAINTIFF OR PLAINTIFF'S ATTORNEY) DECLARATION Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date. 2/ 12 /2020 Curtis Smolar (TYPE OR PRINT NAME) (SIGNATURE OF OECUIRANT) 0 16. Number of pages attached: AT-igg [Rev Jell I, gaia) Page 2 ei 2 APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)