Preview
AT-105
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number. and address! FOR COURT USE ONLY
_M. Jonathan Robb, Jr. (290457)
SWEENEY MASON LLP
983 University Ave., Suite 104C Electronically Filed
LOS GATOS, CA 95032-7637 3/12/2021 5:03 PM
reusmonsno: (408) 356-3000 (408)
FAxno.ioiii:onaii 354-8839
E-MNLAooaess (om): j robb@ smwb . com Superior Court of California
Arronusvronmame); Plaintiff, NINE ISLANDS I, LLC County of Stanislaus
SUPERIOR COURT OF CALIFORNIA. COUNTY OF 5 tan iS la US Clerk of the Court
smeermosess 801 10th Street , 4 th Floor By: Christine Zulim, Deputy
MAMNGADDRt-tss
crrvmozrpcooeModeSto, CA 95354 $60 PD
amcnnme
PLAINTIFF: NINE ISLANDS I, LLC
DEFENDANT: SUPERCUTS, INC, et: al.
CASE NUMBER:
APPLICATION FOR
CV-20-004050
[Z] RIGHT TO ATTACH ORDER D TEMPORARY PROTECTIVE ORDER
m ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
D ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
After Hearing D Ex Parte
D Against Property of Nonresident
1. NINE
Plaintiff (name): ISLANDS I, LLC
applies m after hearing CI ex parte for
a. E] 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) a documentary evidence in defendant's possession of debt owed to defendant.
2. Defendant(name):MOXIE MANAGEMENT GROUP, LLC, a Delaware limited liability company
a. D is a natural person who
(1) D resides in California.
(2) El does not reside in California.
[1. D is a corporation
(1) D qualified to do business in California.
(2) [3 not qualified to do business in California.
c. CI 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) [:I has not filed a designation under Corporations Code section 15800.
e. E] is other (specify):
A Delaware limited liability company, doing business in California
Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one):
[2] Code of Civil Procedure section 483.010 D Welfare and Institutions Code section 15657.01.
Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based.
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).
Page1ol‘ 3
Form
Approved
0
for iional Use APPLI CATION FOR R! G HT TO ATTAC H
TEMPORARY PROTECTIVE ORDER,
"A‘iflfis‘i‘i’i‘fiifié i'g'c’i'i'iii
ORDER,
ETC. (Attachment)
Code at
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AT~105
SHORT TITLE CASE NUMBER.
__.NINE ISLANDS I, LLC V. SUPERCUTS, INCS CV~20—OO§OSO
6. a. a Plaintiffs
claim or
claim or claims arise out of conduct by the defendant who is a natural person of a trade, business. or profession. The
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 primarity for personal. family. or household purposes.
b. D 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.
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. CI verified complaint
b. m attached affidavit or declaration.
c. D following facts (specifir):
8. The amount to be secured by the attachment is:S 107, 357’ . 1?
a. E] which includes estimated costs of:$ 1 . 542 . 60
b. m which includes estimated allowable attorney fees of:
5;
2 3 , l8 9 - 50
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. El See Attachment 9 attached hereto.
Any property of a defendant who is not a natural person,
b. a Any property of a nonresident defendant.
c. 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. [:2] Property covered by abulk sales notice with respect to a bulk transfer by defendant on the proceeds of the sale of such
property (describe):
e. C] Plaintiff‘s pro rata share of proceeds from an escrow in which defendant's liquor license is sold (specify license number):
to. Plaintiff is informed and believes that the property sought to be attached is not exempt from attachment.
it. D The court issued a Right to Attach Order on (date):
(Attach a copy.)
12. D Nonresident defendant has not filed a general appearance.
AT-tostRev. Juty1.2010) APPLICATION FOR RIGHT TO ATTACH ORDER, Paganini
C
*
Essential TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
a Fem-is
AT4 05
SHORT TITLE: CASE NUMBER
~NINE ISLANDS I, LLC V. SUPERCUTS, INC CV—20-004050
13. a. Plaintiff C] alleges on ex parte application for order for writ of attachment
CI 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) a it may be inferred that there is a dnger that the property sought to be attached will be
(a)E] concealed.
(b)D substantially impaired in value.
(c)a made unavailable to levy by other than concealment or impairment in value.
(2) C] 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) D an escrow has been opened under the provisions of Business and Professions Code section 2407'4 with respect to
the sale by the defendant.
(5) CI other circumstances (specify):
b. The statements in item 133 are established by D the attached affidavit or declaration
C] the following facts (specific:
14. m Plaintiff requests the following relief by temporary protective order (specify):
For an order from the court: for Defendant to provide $107,357.17
to counsel for Plaintiff to be held in counsel’s client trust.
account pending the outcome of this litigation or further written
order 013 the Cwurt; .
15. Plaintiff
a.C] has filed an undertaking in the amount of:$
D. [Z] has not filed an undertaking.
Dme:March 12, 2021
M Jonathan Robb. Jr ’W/l'
(TYPE OR PRlNT NAME OF PLAlNTIFF OR PLAINTlFF'S ATTORNEY)
'
C
(SIG
gi.,,i;2; 4.
ATURE OF PLAiNTIFF DR PLAINTlFF‘S ATTORNEY)
DECLARATlON
,%/W
Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dae1March 12, 2021
JoseEh B. Vieira
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
16. Number of pages attached:
AT»1DS[Rev.July1.20tD) APPLICATION FOR RIGHT TO ATTACH OEDER, Pageant:
CEB EmsEssential TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
cebmm ,
MCfiZO
SHORT TITLE: CASE NUMBER
—-
NINE ISLANDS I, LLC V. SUPERCUTS, INC CV‘ZO~OD4OSO
1 Attachment 9 to Application for Right to Attach:
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
12
13
14
15
16
17
18
19
20
21
22 _
23
24
25
26 (Required for velifiadpleading} The items on this page stated on information and belief are (spasm item numbers, not line
—
numbers}:
2"
This page may be used with any Judicial Council form or any other paper flied with the court.
Page q
680201,”!
Méégmfl$133+, , Attach to Judiciafggflflo:31: 253519: Court Paper
£9;
Preview
AT-105 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number. and address! FOR COURT USE ONLY _M. Jonathan Robb, Jr. (290457) SWEENEY MASON LLP 983 University Ave., Suite 104C Electronically Filed LOS GATOS, CA 95032-7637 3/12/2021 5:03 PM reusmonsno: (408) 356-3000 (408) FAxno.ioiii:onaii 354-8839 E-MNLAooaess (om): j robb@ smwb . com Superior Court of California Arronusvronmame); Plaintiff, NINE ISLANDS I, LLC County of Stanislaus SUPERIOR COURT OF CALIFORNIA. COUNTY OF 5 tan iS la US Clerk of the Court smeermosess 801 10th Street , 4 th Floor By: Christine Zulim, Deputy MAMNGADDRt-tss crrvmozrpcooeModeSto, CA 95354 $60 PD amcnnme PLAINTIFF: NINE ISLANDS I, LLC DEFENDANT: SUPERCUTS, INC, et: al. CASE NUMBER: APPLICATION FOR CV-20-004050 [Z] RIGHT TO ATTACH ORDER D TEMPORARY PROTECTIVE ORDER m ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT D ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT After Hearing D Ex Parte D Against Property of Nonresident 1. NINE Plaintiff (name): ISLANDS I, LLC applies m after hearing CI ex parte for a. E] 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) a documentary evidence in defendant's possession of debt owed to defendant. 2. Defendant(name):MOXIE MANAGEMENT GROUP, LLC, a Delaware limited liability company a. D is a natural person who (1) D resides in California. (2) El does not reside in California. [1. D is a corporation (1) D qualified to do business in California. (2) [3 not qualified to do business in California. c. CI 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) [:I has not filed a designation under Corporations Code section 15800. e. E] is other (specify): A Delaware limited liability company, doing business in California Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one): [2] Code of Civil Procedure section 483.010 D Welfare and Institutions Code section 15657.01. Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based. 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). Page1ol‘ 3 Form Approved 0 for iional Use APPLI CATION FOR R! G HT TO ATTAC H TEMPORARY PROTECTIVE ORDER, "A‘iflfis‘i‘i’i‘fiifié i'g'c’i'i'iii ORDER, ETC. (Attachment) Code at “ mm CivflvfireumfiefifigzowcfitmD1e5t6s5$qm ' .ca 90v . CEB' Essential , “hm, gFoI-ms- AT~105 SHORT TITLE CASE NUMBER. __.NINE ISLANDS I, LLC V. SUPERCUTS, INCS CV~20—OO§OSO 6. a. a Plaintiffs claim or claim or claims arise out of conduct by the defendant who is a natural person of a trade, business. or profession. The 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 primarity for personal. family. or household purposes. b. D 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. 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. CI verified complaint b. m attached affidavit or declaration. c. D following facts (specifir): 8. The amount to be secured by the attachment is:S 107, 357’ . 1? a. E] which includes estimated costs of:$ 1 . 542 . 60 b. m which includes estimated allowable attorney fees of: 5; 2 3 , l8 9 - 50 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. El See Attachment 9 attached hereto. Any property of a defendant who is not a natural person, b. a Any property of a nonresident defendant. c. 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. [:2] Property covered by abulk sales notice with respect to a bulk transfer by defendant on the proceeds of the sale of such property (describe): e. C] Plaintiff‘s pro rata share of proceeds from an escrow in which defendant's liquor license is sold (specify license number): to. Plaintiff is informed and believes that the property sought to be attached is not exempt from attachment. it. D The court issued a Right to Attach Order on (date): (Attach a copy.) 12. D Nonresident defendant has not filed a general appearance. AT-tostRev. Juty1.2010) APPLICATION FOR RIGHT TO ATTACH ORDER, Paganini C * Essential TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) a Fem-is AT4 05 SHORT TITLE: CASE NUMBER ~NINE ISLANDS I, LLC V. SUPERCUTS, INC CV—20-004050 13. a. Plaintiff C] alleges on ex parte application for order for writ of attachment CI 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) a it may be inferred that there is a dnger that the property sought to be attached will be (a)E] concealed. (b)D substantially impaired in value. (c)a made unavailable to levy by other than concealment or impairment in value. (2) C] 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) D an escrow has been opened under the provisions of Business and Professions Code section 2407'4 with respect to the sale by the defendant. (5) CI other circumstances (specify): b. The statements in item 133 are established by D the attached affidavit or declaration C] the following facts (specific: 14. m Plaintiff requests the following relief by temporary protective order (specify): For an order from the court: for Defendant to provide $107,357.17 to counsel for Plaintiff to be held in counsel’s client trust. account pending the outcome of this litigation or further written order 013 the Cwurt; . 15. Plaintiff a.C] has filed an undertaking in the amount of:$ D. [Z] has not filed an undertaking. Dme:March 12, 2021 M Jonathan Robb. Jr ’W/l' (TYPE OR PRlNT NAME OF PLAlNTIFF OR PLAINTlFF'S ATTORNEY) ' C (SIG gi.,,i;2; 4. ATURE OF PLAiNTIFF DR PLAINTlFF‘S ATTORNEY) DECLARATlON ,%/W Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dae1March 12, 2021 JoseEh B. Vieira (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 16. Number of pages attached: AT»1DS[Rev.July1.20tD) APPLICATION FOR RIGHT TO ATTACH OEDER, Pageant: CEB EmsEssential TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) cebmm , MCfiZO SHORT TITLE: CASE NUMBER —- NINE ISLANDS I, LLC V. SUPERCUTS, INC CV‘ZO~OD4OSO 1 Attachment 9 to Application for Right to Attach: 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 12 13 14 15 16 17 18 19 20 21 22 _ 23 24 25 26 (Required for velifiadpleading} The items on this page stated on information and belief are (spasm item numbers, not line — numbers}: 2" This page may be used with any Judicial Council form or any other paper flied with the court. Page q 680201,”! Méégmfl$133+, , Attach to Judiciafggflflo:31: 253519: Court Paper £9;