On May 10, 2019 a
Motion-Secondary
was filed
involving a dispute between
Paycheck, Louis,
Sarna, Punit K.,
and
Does 1-30, Inclusive,
Sarna, Puja,
Sarna, Punit K.,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
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AT-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) . FOR COURT USE ONLY
atthew A. Haulk (SBN: 272457)
RAGGHIANTI FREITAS, LLP 9/18/2020
1101 Fifth Avenue, Suite 100
San Rafael, California 94901
TELEPHONE NO ( 415) 453-9433 FAX NO .(Optiona/J: ( 415)
453-8269
E-MAIL ADDRESS (Optional) : mhaulk@rflawllp.com
ATTORNEY FOR (Name) · Defendants and Cross-Com
SUPERIOR COURT OF CALIFORNIA, COUNTY OF N
sTREET ADDREss:400 County Center
MAILING ADDRESS:
Redwood
cITY AND zIP coDE: City, CA 94063-16 55
BRANCH NAME :
PLAINTIFF:
DEFENDANT: PUNIT K. SARNA, et al.
(Kl RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF CASE NUMBER:
ATTACHMENT AFTER HEARING 19CIV02595
0 ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
HEARING
1. a. The application of plaintiff (name): PUNIT K. SARNA
for [Kl a right to attach order and order for issuance of writ of attachment
D an order for issuance of additional writ of attachment
against the property of defendant (name): LOUIS PAYCHECK d/b/a EUROPEAN ENTERPRISES
came on for hearing as follows:
(1) Judge (name): Honorable Nancy L. Fineman
(2) Hearing date: 11/10/2020 Time: 1:30 p.m. [Kl Dept. : 4 D Div.: I!) Rm.: 88
b. The following persons were present at the hearing :
(1)D Plaintiff (name): (3) D Plaintiffs attorney (name):
(2)D Defendant (name) : (4) D Defendant's attorney (name):
FINDINGS
2. THE COURT FINDS
a. Defendant (specify name): LOUIS PAYCHECK is a D natural person O partnership
D unincorporated association D corporation D other (specify):
b. The claim upon which the application is based is one upon which an attachment may be issued .
c. Plaintiff has established the probable validity of the claim upon which the attachment is based.
d. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based .
e. The amount to be secured by the attachment is greater than zero .
f. D Defendant failed to prove that all the property described in plaintiffs application is exempt from attachment.
g. D The following property of defendant, described in plaintiffs application
(1) D is exempt from attachment (specify) :
(2) D is not exempt from attachment (specify):
h. D The following property, not described in plaintiffs application, claimed by defendant to be exempt
(1) D is exempt from attachment (specify):
(2) D is not exempt from attachment (specify):
i. D An undertaking in the amount of: $ is required before a writ shall issue, and plaintiff
D has D has not filed an undertaking in that amount.
j. A Right to Attach Order was issued on (date): pursuant to
D Code of Civil Procedure section 484 .090 (on hearing) D Code of Civil Procedure section 485.220 (ex parte)
k. D Other (specify):
Page 1 of 2
Form Approved for Optional Use RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Code of Civil Proc, §§ 482.030, 484.090;
Judici al Council of Cal ifornia Welfare & Institutions Code, § 15657.01
AT-1 20 [Rev. July 1, 20 10] FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) www.courtinfo.ca.go v
C[B" l§ssential
J
ceb.com l t =
.J Forms·
AT-120
SHORT TITLE: CASE NUMBER:
_ PAYCHECK v. SARNA, et al. 19CIV02595
ORDER
3. THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name):LOUIS PAYCHECK
in the amount of: $
b. 0 The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached.
c. The clerk shall issue O a writ of attachment D an additional writ of attachment in the amount stated in item 3a
0 forthwith D upon the filing of an undertaking in the amount of: $
(1)0 for any property of a defendant who is not a natural person for which a method of levy is provided.
(2)0 for the property of a defendant who is a natural person that is subject to attachment under Code of Civil
Procedure section 487.010, described as follows (specify):
(3) 0 for the property covered by a bulk sales notice with respect to a bulk transfer by defendant or the proceeds of sale
of such property, described as follows (specify):
(4) D for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold . The license
number is (specify):
d. 0 Defendant shall transfer to the levying officer possession of
(1) 0 any documentary evidence in defendant's possession of title to any property described in item 3c;
(2) 0 any documentary evidence in defendant's possession of debt owed to defendant described in item 3c;
(3) 0 the following property in defendant's possession (specify):
NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST
AND PUNISHMENT FOR CONTEMPT OF COURT.
e. D Other (specify):
f. Total number of boxes checked in item 3: _ _ _ _ __
Date:
JUDICIAL OFFICER
AT-120 [Rev. July 1, 2010) RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Page 2 of 2
C[B* Essential FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)
ceb.comffi Fonns·
Document Filed Date
September 18, 2020
Case Filing Date
May 10, 2019
Category
(06) Unlimited Breach of Contract/Warranty
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AT-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) . FOR COURT USE ONLY atthew A. Haulk (SBN: 272457) RAGGHIANTI FREITAS, LLP 9/18/2020 1101 Fifth Avenue, Suite 100 San Rafael, California 94901 TELEPHONE NO ( 415) 453-9433 FAX NO .(Optiona/J: ( 415) 453-8269 E-MAIL ADDRESS (Optional) : mhaulk@rflawllp.com ATTORNEY FOR (Name) · Defendants and Cross-Com SUPERIOR COURT OF CALIFORNIA, COUNTY OF N sTREET ADDREss:400 County Center MAILING ADDRESS: Redwood cITY AND zIP coDE: City, CA 94063-16 55 BRANCH NAME : PLAINTIFF: DEFENDANT: PUNIT K. SARNA, et al. (Kl RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF CASE NUMBER: ATTACHMENT AFTER HEARING 19CIV02595 0 ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER HEARING 1. a. The application of plaintiff (name): PUNIT K. SARNA for [Kl a right to attach order and order for issuance of writ of attachment D an order for issuance of additional writ of attachment against the property of defendant (name): LOUIS PAYCHECK d/b/a EUROPEAN ENTERPRISES came on for hearing as follows: (1) Judge (name): Honorable Nancy L. Fineman (2) Hearing date: 11/10/2020 Time: 1:30 p.m. [Kl Dept. : 4 D Div.: I!) Rm.: 88 b. The following persons were present at the hearing : (1)D Plaintiff (name): (3) D Plaintiffs attorney (name): (2)D Defendant (name) : (4) D Defendant's attorney (name): FINDINGS 2. THE COURT FINDS a. Defendant (specify name): LOUIS PAYCHECK is a D natural person O partnership D unincorporated association D corporation D other (specify): b. The claim upon which the application is based is one upon which an attachment may be issued . c. Plaintiff has established the probable validity of the claim upon which the attachment is based. d. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based . e. The amount to be secured by the attachment is greater than zero . f. D Defendant failed to prove that all the property described in plaintiffs application is exempt from attachment. g. D The following property of defendant, described in plaintiffs application (1) D is exempt from attachment (specify) : (2) D is not exempt from attachment (specify): h. D The following property, not described in plaintiffs application, claimed by defendant to be exempt (1) D is exempt from attachment (specify): (2) D is not exempt from attachment (specify): i. D An undertaking in the amount of: $ is required before a writ shall issue, and plaintiff D has D has not filed an undertaking in that amount. j. A Right to Attach Order was issued on (date): pursuant to D Code of Civil Procedure section 484 .090 (on hearing) D Code of Civil Procedure section 485.220 (ex parte) k. D Other (specify): Page 1 of 2 Form Approved for Optional Use RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Code of Civil Proc, §§ 482.030, 484.090; Judici al Council of Cal ifornia Welfare & Institutions Code, § 15657.01 AT-1 20 [Rev. July 1, 20 10] FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) www.courtinfo.ca.go v C[B" l§ssential J ceb.com l t = .J Forms· AT-120 SHORT TITLE: CASE NUMBER: _ PAYCHECK v. SARNA, et al. 19CIV02595 ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name):LOUIS PAYCHECK in the amount of: $ b. 0 The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached. c. The clerk shall issue O a writ of attachment D an additional writ of attachment in the amount stated in item 3a 0 forthwith D upon the filing of an undertaking in the amount of: $ (1)0 for any property of a defendant who is not a natural person for which a method of levy is provided. (2)0 for the property of a defendant who is a natural person that is subject to attachment under Code of Civil Procedure section 487.010, described as follows (specify): (3) 0 for the property covered by a bulk sales notice with respect to a bulk transfer by defendant or the proceeds of sale of such property, described as follows (specify): (4) D for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold . The license number is (specify): d. 0 Defendant shall transfer to the levying officer possession of (1) 0 any documentary evidence in defendant's possession of title to any property described in item 3c; (2) 0 any documentary evidence in defendant's possession of debt owed to defendant described in item 3c; (3) 0 the following property in defendant's possession (specify): NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. e. D Other (specify): f. Total number of boxes checked in item 3: _ _ _ _ __ Date: JUDICIAL OFFICER AT-120 [Rev. July 1, 2010) RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER Page 2 of 2 C[B* Essential FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment) ceb.comffi Fonns·