Motion for Attachment Order in NINE ISLANDS I LLC vs SUPERCUTS INC| Trellis.Law

On September 18, 2020 a Request,Application was filed involving a dispute between Nine Islands I Llc, and Moxie Management Group Llc, Regis Corporation, Supercuts Corporate Shops Inc, Supercuts Inc, for Breach of Contract/Warranty: Unlimited in the District Court of Stanislaus County.

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AT-1 05
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
__M. Jonathan Robb, Jr. (290457)
SWEENEY MASON LLP Electronically Filed
983 University Ave., Suite 104C 1/22/2021 2:55 PM
LOS GATOS, CA 95032-7637 Superior Court of California
TELEPHONENO; (408) 356-3000 FAXNO.(Optiona/}:(408) 354—8839
County of Stanislaus
E—MAlL j robb @ smwb . com
ADDRESS (Optional):
Clerk of the Court
ATl'ORNEYFOR(Name):Plaintiff, NINE ISLANDS I, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF St an i s l a u s By: Sonia Krohn, Deputy
STREETADDREss:801 10th Street, 4th Floor
MAILING ADDRESS:

CITYANDZIPcooEzMOdestO , CA 95354
BRANCH NAME:
PLAINTIFF: NINE ISLANDS I, LLC
$60 PAID
DEFENDANT: SUPERCUTS, INC, et a1.
CASE NUMBER‘
APPLlCATlON FOR
CV-20-OO4050
El RIGHT To ATTACH ORDER Cl TEMPORARY PROTECTIVE ORDER
2' ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
B ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
E] After Hearing D Ex Parte
E] Against Property of Nonresident

1. Plaintiff (name):NINE ISLANDS I , LLC
applies m aﬂer hearing D ex parte for
a. m a right to attach order and writ of attachment.
b. D an additional writ of attachment.
c. D a temporary protective order.
d. D an order directing the defendant to transfer to the levying ofﬁcer possession of
(1) D property in defendant's possession.
(2) D documentary evidence in defendant‘s possession of title to property.
(3) D documentary evidence in defendant's possession of debt owed to defendant.
2. Defendant (name): MOXIE MANAGEMENT GROUP , LLC , a De laware limited liability company
a. D is a natural person who
(1) D resides in California.
(2) D does not reside in California.
b. D is a corporation
(1) D qualiﬁed to do business in California.
(2) D not qualiﬁed to do business in California.
c. D is a California partnership or other unincorporated association.
d. D is a foreign partnership that
(1) D has ﬁled a designation under Corporations Code section 15800.
(2) D has not ﬁled a designation under Corporations Code section 15800.
e. m is other (specify):
A Delaware limited liability company, doing business in California

3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one):
m Code of Civil Procedure section 483.010 D 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).
Page1of 3

Formﬁp rovedtoro
ionaltlse APPLICATION FOR RIGHT To ATTACH ORDER, CodeofCivil Procedure, §§.48.2.030, 484.010 et seq;
“"9"“-
Jt‘lfiisﬁatlélﬁiy 328%? TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) "mm“‘m‘ésszinis‘éigf‘
CEB“ Essential
cebxom
AT-105
SHORT TITLE CASE NUMBER:
__NINE ISLANDS I, LLC V. SUPERCUTS, INCS CV—ZO—OO4050

6. a. D Plaintiff's 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. D 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 upon which the attachment is based are set forth with particularity
in the
a. a veriﬁed complaint.
b. m attached afﬁdavit or declaration.
c. D following facts (specify):

8. The amount to be secured by the attachment is: $ l 93, 8 32 .l 9
a. m which includes estimated costs of: $ O . OO
b. m which includes estimated allowable attorney fees of:$ l OO , OOO . O 0

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. m Any property of a defendant who is not a natural person. see AttaChment 9 aﬂaChed herew-
b. a Any property of a nonresident defendant.
c. D Property of a defendant who is a natural person that is subject to attachment under Code of Civil Procedure section
487.010 (specify):

d. 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. D Plaintiff’s 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. D The court issued a Right to Attach Order on (date):
(Attach a copy.)
12. D Nonresident defendant has not ﬁled a general appearance.

Julyt,2010)
.AT—105[Rev. APPLICATION FOR RIGHT TO ATTACH ORDER, pagezors
Essential TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
GEE" E3 F_°__"B§'
cebmm
AT-1 05
SHORT TITLE: CASE NUMBER;
—NINE ISLANDS I, LLC V. SUPERCUTS, INC CV-20—OO4OSO

13. a. Plaintiff C] alleges on ex parte application for order for writ of attachment
[2| isinformed 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) D itmay be inferred that there is a danger that the property sought to be attached will be
(a) a concealed.
(b) D substantially impaired in value.
(c) [:I made unavailable to levy by other than concealment or impairment in value.

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

(5) C] other circumstances (specify):

b. The statements in item 13a are established by C] the attached afﬁdavit or declaration
E] the following facts (specify):

14. El Plaintiff requests the following relief by temporary protective order (specify):
For an order from the court for Defendant to provide $193,832.19 to
counsel for Plaintiff to be held in counsel's client trust account
pending the outcome of this litigation or further written order of
the Court.
15. Plaintiff
a. E] has ﬁled an undertaking in the amount of:$
b. has not ﬁled an undertaking.

47/“WM
Date: January ’27, 2021

’
,

M Jonathan Robb Jr
or PLAINTIFF OR PLAINTIFF'S ATTORNEY)
(TYPE on PRINT NAME (sueATURE or pmmnrr on 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:
January/21, 2021
M Jonathan Robb, Jr
(TYPE OR PRINT NAME)
PW '
ygkfrjﬂ/i
(SIGNATURE OF DECLARANT)

16. Number of pages attached: .._____._‘..._...____
AT-105(Rev.JuIy1,2010] APPLICATION FOR RIGHT TO ATTACH ORDER, Page3of3
CEB' TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
cehcom ,5 £3.-
Easggntial
00000
SHORT TITLE: CASE NUMBER:
—-—
NINE ISLANDS I, LLC V. SUPERCUTS, INC CV-20~OO4050

1 Attachment 9 to Application for Right to Attach:
l
2 All corporate property which is subject to attachment pursuant to
3 subdivision (a) of the Code of Civil Procedure section 487.010,
4 including but not limited to real property, personal property,
5 equipment, tools, motor vehicles, boats, planes, recreational vehicles,
6 chattel paper, negotiable and other instruments, securities, deposit
7 accounts, safe deposit boxes, accounts receivable, general intangibles,
8 property subject to pending actions, final money judgments, interests
9 (liquidated, contingent or future) in any privately held company,
10 contract, partnership.
1 1

26 (Required for veriﬁed pleading) The items on this page stated on information and belief are (specify item numbers, not line

—
numbers):
27
This page may be used with any Judicial Council form or any other paper ﬁled with the court.
Page
Form Approved by the ADDITIONAL PAGE CRC 201,
501
J do 100 ‘IofCaI'fo n' .. .
{9527]
mc".62'c§’[Ne$v"lc$nuary
1', , Attach to JudIcral Council Form or Other Court Paper
Optional Form C-EB’ Essential
cebmm

Case Info

Judge

Sandhu, Sonny S. Track Judge’s New Case

Case No.

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Document Filed Date

January 22, 2021

Case Filing Date

September 18, 2020

County

Parties

BOYD, JOSEPH, Esq. Attorney for the Defendant
ROBB, M JONATHAN, Esq. Attorney for the Plaintiff
MOXIE MANAGEMENT GROUP LLC Defendant
NINE ISLANDS I LLC Plaintiff
REGIS CORPORATION Defendant
SUPERCUTS CORPORATE SHOPS INC Defendant
SUPERCUTS INC Defendant
Michael Robb Attorneys for Plaintiffs
Joseph Sweeney Attorneys for Plaintiffs
Joseph Montoya Attorneys for Plaintiffs

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Request,Application: NINE ISLANDS I LLC vs SUPERCUTS INC

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