Request,Application: ELITE AUDIO SYSTEMS, INC. VS. DSEGNARE, LLC ET AL

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                                AT-105

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State

Ber
L. Peter Ryan (SBN 134291)/Jack Praetzellis 3 (SBN 267765)
t-FOX ROTHSCHILD LLP
345 California Street, Suite 2200
San Francisco, California 94104
THLEPHONENO: (415) 364-5540 FAXNO.(Onfore?: (415) 391-4436
E-MAIL ADDRESS (Optiona): pryan@foxrothschild.com/jpraetzellis@foxrothschild.com
ATTORNEY FOR (Nemo Plaintiff Elilte Audio Systems, Inc.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
streetaopress: 400 McAllister Street
MAILING ADDRess: Same
cryanoze cove. San Francisco, California 94102
BRANCHNAME: Civil

PLAINTIFF: ELITE AUDIO SYSTEMS, INC.
DEFENDANT: DSEGNARE, LLC, et al.

FOR COURT USE ONLY

ELECTRONICALLY

FILED

Superior Court of California,
County of San Francisco

02/26/2016
Clerk of the Court
BY:WILLIAM TRUPEK
Deputy Clerk

APPLICATION FOR

GC] RIGHT To ATTACH ORDER (J TEMPORARY PROTECTIVE ORDER
(J orDER FOR ISSUANCE OF WRIT OF ATTACHMENT

(J orpeR FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
After Hearing (7 Ex Parte

(J Against Property of Nonresident

CASE NUMBER:

CGC-15-544270

1, Plaintiff (name): Elite Audio Systems, Inc.
applies CX) after hearing [] ex parte for
a. GX] arightto attach order and writ of attachment.
b. (] an additional writ of attachment.
«CJja temporary protective order.

a. (_] an order directing the defendant to transfer to the levying officer possession of

(1) 2] property in defendant's possession.

(2) [J documentary evidence in defendant's possession of title to property.

(3) Co documeritary evidence in defendant's possession of debt owed to defendant.

2. Defendant (name): Dsegnare, LLC

a. [1] is anatural person who
(1) _] resides in California.
(2)_] does not reside in California.
b. [1 is a corporation
(1) 2) quatified to do business in California.
(2) _] not qualified to do business in California.
c. 1] is a California partnership or other unincorporated association.
d. [_] isa foreign partnership that
(1) ] has filed a designation under Corporations Code section 15800.

(2)L_] has not filed a designation under Corporations Code section 15800.

e. (21 is other (specify): Limited Liability Company

3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one):

[EZ] Code of Civil 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 of the United States Code (Bankruptcy).

Pago 1of3

Form Approved for Use
Judicial Counc of California
‘AT-108 [Rev. July 1, 2010]

APPLICATION FOR RIGHT TO ATTACH ORDER,
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)

‘Code of Civil Procedure, §§ 482.030, 484,010 et seq;
Welfare, & Institutions. Code, § 15667.01
www.courtinlo.ca.gov

LexisNexis® Automated California Judicial Council FormsAT-105

SHORT TITLE ‘CASE NUMBER:
+- ELITE AUDIO SYSTEMS v. DSEGNARE CGC-15-544270

6. a. [_] 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. [_] Plaintiff's 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.

7. The facts showing plaintiff is entitled to a judgment on the claim up on which the attachment is based are set forth with particularity
in the
a. [_] verified complaint.
b. attached affidavit or declaration.
c. [_] following facts (specify):

8. The amount to be secured by the attachment is: $ 71,000
a. [_] which includes estimated costs of: $
b. [_] which includes estimated allowable attorney fees of: $

9. 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. LX] Any property of a defendant who is not a natural person.
b. oO Any property of a nonresident defendant.
c. [_] Property of a defendant who is a natural person that is subject to attachment under Code of Civil Procedure section
487.010 (specify):

d. (_] 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. [] 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. [J The court issued a Right to Attach Order on (date):
(Attach a copy.)

12. [] Nonresident defendant has not filed a general appearance.

‘AT-105 Rev, Juty 1, 2010} APPLICATION FOR RIGHT TO ATTACH ORDER, Page 2 of 3
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
LexisNexis® Automated California Judicial Council FormsAT-105

SHORT TITLE: CASE NUMBER:

|-ELITE AUDIO SYSTEMS v. DSEGNARE CGC-15-544270

13. a. Plaintiff [__] alleges on ex parte application for order for writ of attachment
(1 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) (L] it may be inferred that there is a danger that the property sought to be attached will be
(a)[__] concealed.
(b)[__] substantially impaired in value.
(c)[_] made unavailable to levy by other than concealment or impairment in value.

(2) [[] defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil
Procedure section 485.010(b)(2).

(3) (2) 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) [7] an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to
the sale by the defendant.

(5) [__] other circumstances (specify):

b. The statements in item 13a are established by [|__] the attached affidavit or declaration
[1 the following facts (specify):

14, [7] Plaintiff requests the following relief by temporary protective order (specify):

15. Plaintiff fy
a. [__] has filed an undertaking in the amount of: $ SL)
b. has not filed an undertaking.
Date: February 26, 2016 ( y _
> ve | & a
L, Peter Ryan i s\
(TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF's ATTORNEY) - (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY)
DECLARATION a
| declare under penalty of perjury under the laws of the State of California that the iofepoing is true ee
Date: February 26, 2016 \ 7
seco ester
L. Peter Ryan. j
(TYPE OR PRINT NAME) 4 (SIGNATURE OR DECLARANT)
16. Number of pages attached:
AF-105 [Revs dy 1, 200) APPLICATION FOR RIGHT TO ATTACH ORDER, Eases eis

TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)

LexisNexis® Automated California Judicial Council FormsPROOF OF SERVICE

lam over the age of eighteen years of age, not a party to this action, and
employed in the City and County of San Francisco at the law offices of Fox Rothschild
LLP, 345 California Street, Suite 2200, San Francisco, California 94104. My electronic
service address is evanmatre@foxrothschild.com.

On February 26, 2016, I caused a copy of the attached Application for
Right to Attach Order; Order for Issuance of Writ of Attachment After Hearing to be
served by electronic means on opposing counsel at the electronic service address as last
given, as follows:

Trevor A. Caudle, Esq.

trevor @trevorcaudlelaw.com

Attorneys for Defendant and Cross-Complainant
Dsegnare, LLC

and by causing a true and correct copy to be personally delivered to opposing counsel at

the office address as last given, as follows:

Trevor A. Caudle, Esq.

Trevor Caudle Law Practice, PC

350 Bay Street, No. 100-363

San Francisco, California 94133

Attorneys for Defendant and Cross-Complainant
Dsegnare, LLC

I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct and that this declaration was executed on February
26, 2016 at San Francisco, California.

CX Wh Ei
Ejleen Van Matre

39133375V1 132824/00001