On December 12, 2014 a
Request,Application
was filed
involving a dispute between
Ekaterina, Rogalskiy,
Eurochem Mcc,
Eurochem Trading Gmbh,
Ojsc,
and
Avroga Llc,
Edgewood Realty Management Llc,
Edgewood Realty Partners Llc,
Rogalskaya, Svetlana,
Rogalskaya-Zeyen, Ekaterina,
Rogalsky, Andrey,
Santa Barbara Quantitative Strategi Es Llc,
Santa Barbara Quantitative Strateg Ies Ltd,
Zeyen, Benedikt,
for civil
in the District Court of Santa Barbara County.
Preview
'
ORlulNAL
'
.
AT-1 25
ATTORNEY OR PARTY WTHOUT ATTORNEY (Name. 5!” Barnumber. and Will): FOR COURT USE ONLY
LSALISBURY & RYAN, LLP
Lawrence Salisbury State Bar No. 179748)
656 5th Ave, Ste R, an Diego, CA 92122
-2760
TELEPHONE No.: 6 1 9.241 FAX NO. (comm.-
EML ADDRESS (Om-0: ls@salisburyryan.com
ATTORNEY FOR (NW-Plain iff EuroChem MCC OJSC
W
SUPERIOR COURT OF CALIFORNIA. COUNTY OF Santa Barbara
JAN 08 2015 an
1100 Anacapa Street
smsmoonsss:
um °“‘°°'
mm
Winsome. P.O. Box 21107 Owe. E ,p or.e J ._.'
_
Santa Barbara. CA 93121 ~—
em
cirvANDZIPocDE “TY
' '
9" 9
Anacapa Division
-
. svsz.
PLAINTIFF: EuroChem MCC, OJSC 5”
—-
.
CUB
FAX
DEFENDANT: Andrey Rogalskiy, et. aI.
S’T
EX PART! CA3E NUMBER:
IE RIGHT To ATTACH ORDER AND ORDER FOR ISSUANCE OF 1469981 '
BY
E WRIT OF ATTACHMENT (RESIDENT)
0
' '
.
I
L/
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT 3
(RESIDENT)
1.The EuroChem
and supporting declaration or affidavit of plaintiff (name):
application
CZ]
fl
Jan dd ona
for an ex parte[I] righttoattachorder and orderfor issuanceofwritof attachment order for lssu l
writ of attachment has been considered by the court. I
FINDINGS
2- THE COURT FINDS
Defendant (speclfy na :):’Andrey Rog alskiy isa [D natural person
-‘
a.
I: partnership unincorporated association I: corporation E] other (specify):
b.The claim upon which the-.
plication is based Is one upon which an attachment may be Issued under
[I] Code of Civil Prooeda section 483.010 [:1 Welfare and InstitutiOns Code section
15657.01.
has established the p
c. Plaintifi‘ . o upon which the attachment
ble validity of the claim isbased.
d.The attachment is not sought for
-
purpose other than recovery on the claim upon which the application Is based
e. The amount to be secured by the a ohment Is greater than zero.
ng the application shows that the property sought to be attached. or the portions thereof
f. The affidavit or declaration accompan
to be specified In the writ, are not exe
t from attachment.
g.The portion of the property sought to be
—
~
- ched described In item
3b. isnotexempt from attachment
h.An undertakln In the amount of. 3 Isrequired before a writ shall
issue.and plaintiff
[:3 has has not filed an underta g In that amount
Issuance of the order Is delayed
Greet or irreparable injury will result to the plain the matter can be heard on notice,
until
'
I. if
based on the following:
(1)E] There Isa danger that the property sought
~
be attached would be
(a)III concealed. (b I" substantially impaired In value.
(c)III made unavailable to levy by other thanncealment or impairment In value.
(2)[:1 Defendant has failed to pay the debt underlying the
x: uested attachment and is insolvent as defined in Code of CIvIl
avit or declaration tiled In support of this application, and that
"
Procedure section 485.010(b)(2). as set forth In the
specifies the defendants known undisputed debts and basis for plaintiffs detenhlnaticn that the defendant‘s debts
-‘
~
:
are undisputed.
(3):1 to a bulk transfer by the defendant
ion 6 ofthe Commercial Code with respect
A bulk sales notice was recorded and published pursuant to d I '
(4) [:1 An escrow has been opened pursuant to the provisions of Business
: d Professions Code section 24074 with
The
respect to the sale by the defendant of a liquor license.
liquor Iicen
:
(5) C] Other circumstances(specify):
1:] A Right to Attach Order was issued on (date): pursuant to
II CI
j.
Code Procedure section 484.090 (on notice)
of CIVII Code of CivilProced = section 485.220 (ex parte)
k. [:1 other (specify):
Form pmvvmo w u» Ex PARTE RIGHT To ATTACH ORDER AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
Jfliiéiififi'v‘i‘ii‘i‘, #é'SIEI‘ w“.
Puget of 1
cows-w Poe-«um.
initfli‘?cfit.9°;°‘$£;fiii
nbugov
www.court
u” “‘«f
AT-1 25
cAIi NUMIEI:
SHORT TITLE:
_ EuroChem v. Andrey Rogalakly. et al. 1469981
~
~
~
ORDER
3.
m
THE COURT ORDERS
D~
I defendant (heme): Andrey Rogalskly
~
a. PI ntIf'f right to attach property of
amount of: s 211,141.12
ehIlliq [I] I writ of enactmentI: In additionalwrit of ettIchmentIn the amount mine In Item 3a
ID If)[I upon the ofen undertaking
filing Intheamount of:S
(1)E] the property covered by I bulk eIlee notice with rIIpect to I bulk trInIfer by defendant or the prodeede of the
ofeuch property. deecrlbed II followe (epecify):
II
I:
~
(2) pro
for pielntlfl'e te IhIre of proceeds from In eIcrow
In which defendent'e
liquorliceneeIIIoid.The Iicenee number
It (snowy
E] ndent who not I neturII pereon which I method of levy provided.
forproperty of I «ma
(3) forIny property of I II for II
I] who I nIturel perIon eubject attachment under Code of Procedure
~
(4)
~~~
II to Civil
~
Iection 487.010 (epeolfy):
AR'I Bank of America.~~~~ A. with the account number XXXXXXOBBB ('AR'I Bank of
America account 1').AR’ ank of America. N.A. account with account number
XXXXXX3283 ('AR'I Bank 0 merlce account 2"). AR‘I Citibank. N.A. account with
~~
account number XXXXXXX91 “AR‘I Citibank account 1"). AR'a N.A. account
with account number XXXX ~~~ 2 (‘AR'I Cltlbenk account 2'). AR'I
Citibank.
_JP Morgan
Chase Bank. N.A. with the account~~mber XXXXX9250 ("AR'a Chase account")
c. [:1 Defendant IhIll trInIfer to the levying officer poeeeeelon of
~~ Iny
any documentery evidence In defendant‘e poeeeeeion oftI property deect1bed In Item 3b.
(1)
(2) ~~d
any documentary evidence in defendent‘e poeeeeelon of debt to defendant deecrtbed In Item 3b.
(3):1 the following property In defendent‘e poIIeIelon (epeclfy):
NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST
D
~
AND PUNISHMENT FOR CONTEMPT OF COURT. ~
(1. Other (Ipecify):
O
/
I. Totalnumber of b I checked In Item3:
V (oa omen)
"' I'M “7 ‘- ’°‘°’ EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR Plano"
ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)
Document Filed Date
January 08, 2015
Case Filing Date
December 12, 2014
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' ORlulNAL ' . AT-1 25 ATTORNEY OR PARTY WTHOUT ATTORNEY (Name. 5!” Barnumber. and Will): FOR COURT USE ONLY LSALISBURY & RYAN, LLP Lawrence Salisbury State Bar No. 179748) 656 5th Ave, Ste R, an Diego, CA 92122 -2760 TELEPHONE No.: 6 1 9.241 FAX NO. (comm.- EML ADDRESS (Om-0: ls@salisburyryan.com ATTORNEY FOR (NW-Plain iff EuroChem MCC OJSC W SUPERIOR COURT OF CALIFORNIA. COUNTY OF Santa Barbara JAN 08 2015 an 1100 Anacapa Street smsmoonsss: um °“‘°°' mm Winsome. P.O. Box 21107 Owe. E ,p or.e J ._.' _ Santa Barbara. CA 93121 ~— em cirvANDZIPocDE “TY ' ' 9" 9 Anacapa Division - . svsz. PLAINTIFF: EuroChem MCC, OJSC 5” —- . CUB FAX DEFENDANT: Andrey Rogalskiy, et. aI. S’T EX PART! CA3E NUMBER: IE RIGHT To ATTACH ORDER AND ORDER FOR ISSUANCE OF 1469981 ' BY E WRIT OF ATTACHMENT (RESIDENT) 0 ' ' . I L/ ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT 3 (RESIDENT) 1.The EuroChem and supporting declaration or affidavit of plaintiff (name): application CZ] fl Jan dd ona for an ex parte[I] righttoattachorder and orderfor issuanceofwritof attachment order for lssu l writ of attachment has been considered by the court. I FINDINGS 2- THE COURT FINDS Defendant (speclfy na :):’Andrey Rog alskiy isa [D natural person -‘ a. I: partnership unincorporated association I: corporation E] other (specify): b.The claim upon which the-. plication is based Is one upon which an attachment may be Issued under [I] Code of Civil Prooeda section 483.010 [:1 Welfare and InstitutiOns Code section 15657.01. has established the p c. Plaintifi‘ . o upon which the attachment ble validity of the claim isbased. d.The attachment is not sought for - purpose other than recovery on the claim upon which the application Is based e. The amount to be secured by the a ohment Is greater than zero. ng the application shows that the property sought to be attached. or the portions thereof f. The affidavit or declaration accompan to be specified In the writ, are not exe t from attachment. g.The portion of the property sought to be — ~ - ched described In item 3b. isnotexempt from attachment h.An undertakln In the amount of. 3 Isrequired before a writ shall issue.and plaintiff [:3 has has not filed an underta g In that amount Issuance of the order Is delayed Greet or irreparable injury will result to the plain the matter can be heard on notice, until ' I. if based on the following: (1)E] There Isa danger that the property sought ~ be attached would be (a)III concealed. (b I" substantially impaired In value. (c)III made unavailable to levy by other thanncealment or impairment In value. (2)[:1 Defendant has failed to pay the debt underlying the x: uested attachment and is insolvent as defined in Code of CIvIl avit or declaration tiled In support of this application, and that " Procedure section 485.010(b)(2). as set forth In the specifies the defendants known undisputed debts and basis for plaintiffs detenhlnaticn that the defendant‘s debts -‘ ~ : are undisputed. (3):1 to a bulk transfer by the defendant ion 6 ofthe Commercial Code with respect A bulk sales notice was recorded and published pursuant to d I ' (4) [:1 An escrow has been opened pursuant to the provisions of Business : d Professions Code section 24074 with The respect to the sale by the defendant of a liquor license. liquor Iicen : (5) C] Other circumstances(specify): 1:] A Right to Attach Order was issued on (date): pursuant to II CI j. Code Procedure section 484.090 (on notice) of CIVII Code of CivilProced = section 485.220 (ex parte) k. [:1 other (specify): Form pmvvmo w u» Ex PARTE RIGHT To ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment) Jfliiéiififi'v‘i‘ii‘i‘, #é'SIEI‘ w“. Puget of 1 cows-w Poe-«um. initfli‘?cfit.9°;°‘$£;fiii nbugov www.court u” “‘«f AT-1 25 cAIi NUMIEI: SHORT TITLE: _ EuroChem v. Andrey Rogalakly. et al. 1469981 ~ ~ ~ ORDER 3. m THE COURT ORDERS D~ I defendant (heme): Andrey Rogalskly ~ a. PI ntIf'f right to attach property of amount of: s 211,141.12 ehIlliq [I] I writ of enactmentI: In additionalwrit of ettIchmentIn the amount mine In Item 3a ID If)[I upon the ofen undertaking filing Intheamount of:S (1)E] the property covered by I bulk eIlee notice with rIIpect to I bulk trInIfer by defendant or the prodeede of the ofeuch property. deecrlbed II followe (epecify): II I: ~ (2) pro for pielntlfl'e te IhIre of proceeds from In eIcrow In which defendent'e liquorliceneeIIIoid.The Iicenee number It (snowy E] ndent who not I neturII pereon which I method of levy provided. forproperty of I «ma (3) forIny property of I II for II I] who I nIturel perIon eubject attachment under Code of Procedure ~ (4) ~~~ II to Civil ~ Iection 487.010 (epeolfy): AR'I Bank of America.~~~~ A. with the account number XXXXXXOBBB ('AR'I Bank of America account 1').AR’ ank of America. N.A. account with account number XXXXXX3283 ('AR'I Bank 0 merlce account 2"). AR‘I Citibank. N.A. account with ~~ account number XXXXXXX91 “AR‘I Citibank account 1"). AR'a N.A. account with account number XXXX ~~~ 2 (‘AR'I Cltlbenk account 2'). AR'I Citibank. _JP Morgan Chase Bank. N.A. with the account~~mber XXXXX9250 ("AR'a Chase account") c. [:1 Defendant IhIll trInIfer to the levying officer poeeeeelon of ~~ Iny any documentery evidence In defendant‘e poeeeeeion oftI property deect1bed In Item 3b. (1) (2) ~~d any documentary evidence in defendent‘e poeeeeelon of debt to defendant deecrtbed In Item 3b. (3):1 the following property In defendent‘e poIIeIelon (epeclfy): NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST D ~ AND PUNISHMENT FOR CONTEMPT OF COURT. ~ (1. Other (Ipecify): O / I. Totalnumber of b I checked In Item3: V (oa omen) "' I'M “7 ‘- ’°‘°’ EX PARTE RIGHT TO ATTACH ORDER AND ORDER FOR Plano" ISSUANCE OF WRIT OF ATTACHMENT (RESIDENT) (Attachment)