Preview
AT-115
ATTORNEY OR PARTY IMTHOUT ATTORNEY (Name, State Bar number, and llddteu): FOR COVRT VSE ONLY
~~VID J. COOK, EsQ. CBN 060859
OOK COLLECTION ATTORNEYS PLC.
165 Fell Street, San Francisco, CA 941 02
TELEPHONENO.: (415) 989 4730 ( 415) 989 0491
FAX NO. (Optional):
COOK@COOKCOLLECT.COM
E-MAIL ADDRESS (OptioJial): ELECTRONICALLY
ATTORNEYFOR(NameJ:PERFOPI\.1.6.1\JCE 1=nnn GROlJP INC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
F I L E D
Superior Court of California,
STREET ADDRESS:400 McAllister Street County of San Francisco
MAJUNG ADDRESS:San Francisco. CA 94102
CITY AND ZIP COOE: 05/07/2021
Clerk of the Court
BRANCH NAME:UNLIMITED CIVIL JURISDICTION BY: ERNALYN BURA
PLAINTIFF: PERFORMANCE FOOD GROUP INC. ETC. Deputy Clerk
DEFENDANT: BELLA'S IMPORTS, INC., A CORPORATION, ETC.
CASE NUMBER:
NOTICE OF APPLICATION AND HEARING FOR
[Z] RIGHT TO ATTACH ORDER CGC 20 588767
0 ORDER FOR ISSUANCE OF
[L) WRIT OF ATTACHMENT
0 ADDITIONAL WRIT OF ATTACHMENT
1. Notice to defendant (nama, address, and telephone number, if known):
BELLA'S IMPORTS, INC., A CORPORATION, DOING BUSINESS AS PIZZERIA VENTI, VOYA
RESTAURANT and CUCINA VENTI
2. Plaintiff has filed an application for
a.CZJ a right to attach order and writ of attachment. (Check items 6a, 6b, and 6d(1).)
b.D a writ of attachment. (Check item 6d(2).)
c. D an additional writ of attachment. (Check item 6d(2).)
3. A hearing on plaintiffs application will be held in this court as follows:
Date: June 3, 2021 Time: 9:30 a.m. Dept.: 302 Div.: Rm.:
'---------
4. The request of plaintiff for an order is based upon the application and affidavit or declaration filed and served with this notice and is
made under a. [ZJ Code of Civil Procedure section 483.010. (Check item 6h(2)(a).) .
b. 0 Welfare and Institutions Code section 15657.01. (Check item 6h(2)(b).)
5. Your attention is directed to the following sections of the Code of Civil Procedure and Welfare and Institutions Code that set forth
when an attachment may or may not be issued, the manner of calculating the amount to be secured by the attachment, the court's
discretion to include costs and attorney's fees, and special limitations on the amount to be secured by attachment in unlawful
detainer proceedings: Code Civ. Proc., §§ 482.110, 483.010, 483.015, 483.020; Welf. & lnst. Code,§ 15657.01.
6. You are notified that
a. CZJ A right to attach order will be issued if the court finds at the hearing that plaintiffs claim is probably valid and the other
requirements for issuing the order are established. This hearing may include both written and oral presentations but is not
for the purpose of determining whether the claim is actually valid. Determination of the actual validity of the claim will be
made in subsequent proceedings in the action and will not be affected by the decision at the hearing on the application for
the order.
b.IZl If you desire to oppose the issuance of a right to attach order or object to the amount to be secured by the attachment as
provided in Code of Civil Procedure section 483.015 {or Code of Civil Procedure section 483.020 in unlawful detainer
actions), you must file with this court and serve on plaintiff (no later than five court days prior to the date set for hearing in
item 3) a notice of opposition and supporting declaration or affidavit as required by Code of Civil Procedure section
484.060.
c. If a right to attach order is or has been issued, a writ of attachment will be issued to attach your property described in plaintiffs
application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount
necessary to satisfy the amount to be secured by the attachment. However, since the right to attach order will not necessarily be
limited to your property described in plaintiffs application, a writ of attachment may later be issued to attach other nonexempt
property of yours. Page1 ofS
Fonn Approved for Optional USG Coelo Civ. Proc.• §§ 482.030. 484.010 et seq.;
Juelicial Council of Ca!Womia
NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Welfare & lnstiMions Coele. § 15657.01
AT·115(Rev. July 1, 2010) ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) WM-\v.couronfo.ca.G'Ov
AT-115
SHORT TITLE CASE NUMBER:
PERFORMANCE FOOD GROUP etc vs. BELLA'S IMPORTS, etc CGC 20 588767
6. d. If you claim t all or some portion of the property described in plaintiffs application is exempt from attachment, you must, no
later than e court days prior to this hearing,
(1) include your claim of exemption in your notice of opposition filed and served pursuant to Code of Civil Procedure
section 484.060 or file and serve a separate claim of exemption with respect to the property as provided in Code of
Civil Procedure section 484.070.
(2)D file with the court and serve on plaintiff a claim of exemption with respect to the property as provided in Code of Civil
Procedure section 484.350.
If you fail to make a claim of exemption with respect to personal property, or make a claim of exemption with respect to real or
personal property, but fail to prove that the property is exempt, any further claim of exemption with respect to the property will be
barred unless you show a change in circumstances occurring after expiration of the time for claiming exemptions.
e. Claims of exemption resulting from a change of circumstances, whether after denial of a previous claim or expiration of the time
for claiming exemptions, may be asserted as provided in Code of Civil Procedure section 482.100.
f. You may obtain a determination at the hearing whether property not described in the application is exempt from attachment.
Your failure to claim that property not described in the application is exempt from attachment will not preclude you from making
a claim of exemption with respect to the property at a later time.
g. You may also obtain a determination at the hearing whether the amount sought to be secured by the attachment will be
reduced by
(1) the amount of any money judgment in your favor and against plaintiff that remains unsatisfied and enforceable;
(2) the amount of any indebtedness of the plaintiff that you have claimed in a cross-complaint filed in the action if your claim is
one upon which an attachment could be issued;
(3) the amount of any claim asserted by you as a defense in the answer pursuant to Code of Civil Procedure section 431.70 if
the claim is one upon which an attachment could have been issued had an action been brought on the claim when it was not
barred by the statute of limitations; or
(4) the value of any security interest in your property held by plaintiff to secure the indebtedness claimed by plaintiff, together
with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the
security interest.
h. The amount to be secured by an attachment is determined pursuant to the following statutes:
(1) Code of Civil Procedure section 482.110. A writ of attachment may include an estimate of the costs and allowable
attorney fees.
(2) (a)[1] Code of Civil Procedure section 483.010. An attachment may issue on a claim for $500 or more based on a
contract, express or implied, exclusive of attorney fees, costs, and interests. If the claim was originally secured by an
interest in real property (e.g., a mortgage or trust deed), an attachment may issue only if the security has become
valueless or has decreased in value to less than the amount owing on the claim, through no fault of plaintiff or the
security holder (if different from plaintiff).
(b) D Welfare and Institutions Code section 15657.01. An attachment may issue on a claim based on the 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 undue influence.
(3) Code of Civil Procedure section 483.015. The amount to be attached includes the amount of the indebtedness claimed by
plaintiff, plus estimated costs and allowable attorney fees, reduced by the sum of the following:
(a) the amount of any unsatisfied money judgment held by defendant against plaintiff;
(b) the amount of any indebtedness of plaintiff claimed by defendant in a cross-complaint filed in the action (if a writ of
attachment could issue on the claim);
(c) the amount of any cross-demand for money owed by plaintiff to defendant that is barred by the statute of limitations (but
assertable as a Code of Civil Procedure section 431.70 defense} if the debt was one upon which a writ of attachment
could have been issued before the statute of limitations ran; and
(d) the amount of any security interest held by plaintiff in defendanfs property, together with any decrease in the value of the
underlying security caused by plaintiff or a prior security holder.
PageZof3
AT·115(Rev. July 1, 2010} NOTICE OF APPLICATION AND HEARING FOR RIGHT TO
ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment)
AT-115
SHORT TITLE: CASE NUMBER:
-PERFORMANCE FOOD GROUP etc vs. BELLA'S IMPORTS, etc CGC 20 588767
6 h. (4) Code of Civil Procedure section 483.020. An attachment ordered in an unlawful detainer proceeding may include
(a) the amount of rent past due when the complaint is filed;
(b) an additional amount for the estimated rent due from the date the complaint was filed until the estimated date of
judgment or delivery of possession to plaintiff; plus
(c) estimated costs and attorney fees.
Any prepaid rent or lease deposits held by plaintiff are disregarded in the calculation of the amount of attachment.
However, the amount of attachment will be reduced by the amounts described in Code of Civil Procedure section 483.015
(see item 6h(3) above).
I. Either you or your attorney or both of you may be present at the hearing.
j. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH PLAINTIFF'S APPLICATION.
THE ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST YOU BEFORE THE
TIMES FOR FILING YOUR OPPOSITION AND CLAIMS OF EXEMPTION AND AT THE HEARING.
Date: May 5, 2021
DAVID J. COOK, Esq. CBN 060859
(TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY)
AT·115 [Rev. July 1, 2010) NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Page3oU
ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment)
1 PROOF OF SERVICE
2
BWA LAW GROUP, INC.
3 Attn: JEREMY J. ALBERTS, Esq.
4 1904 East Fourth Street, Suite 150
Santa Ana, CA 92705
5
6 I declare:
7
I am employed in the County of San Francisco, California. I am over the age of eighteen
8 ( 18) years and not a party to the within cause. My business address is 165 Fell Street, San
Francisco, CA 94102. On the date set forth below, I served the attached:
9
NOTICE OF APPLICATION FOR RIGHT TO ATTACH ORDER AND ORDER FOR
10 ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING c
'
11 APPLICATION FOR RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT
OF ATTACHMENT AFTER HEARING
12
DECLARATION IN SUPPORT OF APPLICATION FOR RIGHT TO ATTACH ORDER AND
13 ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING
14 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION FOR
15 ISSUANCE OF WRIT OF ATTACHMENT- AFTER HEARING PURSUANT TO C.C.P. §
484.010 ET SEQ.
16 on the above-named person(s) by:
17
XXX (BY FED EX) Placing a true copy thereof, enclosed in a sealed envelope with the
18 offices of FEDERAL EXPRESS, 1155 Harrison Street, San Francisco, CA 94103 at San
Francisco, California, addressed to the person(s) served above and paid by way of the account with
19 the Declarant's account with FED EX.
20 I declare under penalty of perjury under the laws of the· · e of ~ fornia that the foregoing is
true and correct. Executed on May 6, 2021 at San Franci o, Cali~
21
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Preview
AT-115 ATTORNEY OR PARTY IMTHOUT ATTORNEY (Name, State Bar number, and llddteu): FOR COVRT VSE ONLY ~~VID J. COOK, EsQ. CBN 060859 OOK COLLECTION ATTORNEYS PLC. 165 Fell Street, San Francisco, CA 941 02 TELEPHONENO.: (415) 989 4730 ( 415) 989 0491 FAX NO. (Optional): COOK@COOKCOLLECT.COM E-MAIL ADDRESS (OptioJial): ELECTRONICALLY ATTORNEYFOR(NameJ:PERFOPI\.1.6.1\JCE 1=nnn GROlJP INC SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco F I L E D Superior Court of California, STREET ADDRESS:400 McAllister Street County of San Francisco MAJUNG ADDRESS:San Francisco. CA 94102 CITY AND ZIP COOE: 05/07/2021 Clerk of the Court BRANCH NAME:UNLIMITED CIVIL JURISDICTION BY: ERNALYN BURA PLAINTIFF: PERFORMANCE FOOD GROUP INC. ETC. Deputy Clerk DEFENDANT: BELLA'S IMPORTS, INC., A CORPORATION, ETC. CASE NUMBER: NOTICE OF APPLICATION AND HEARING FOR [Z] RIGHT TO ATTACH ORDER CGC 20 588767 0 ORDER FOR ISSUANCE OF [L) WRIT OF ATTACHMENT 0 ADDITIONAL WRIT OF ATTACHMENT 1. Notice to defendant (nama, address, and telephone number, if known): BELLA'S IMPORTS, INC., A CORPORATION, DOING BUSINESS AS PIZZERIA VENTI, VOYA RESTAURANT and CUCINA VENTI 2. Plaintiff has filed an application for a.CZJ a right to attach order and writ of attachment. (Check items 6a, 6b, and 6d(1).) b.D a writ of attachment. (Check item 6d(2).) c. D an additional writ of attachment. (Check item 6d(2).) 3. A hearing on plaintiffs application will be held in this court as follows: Date: June 3, 2021 Time: 9:30 a.m. Dept.: 302 Div.: Rm.: '--------- 4. The request of plaintiff for an order is based upon the application and affidavit or declaration filed and served with this notice and is made under a. [ZJ Code of Civil Procedure section 483.010. (Check item 6h(2)(a).) . b. 0 Welfare and Institutions Code section 15657.01. (Check item 6h(2)(b).) 5. Your attention is directed to the following sections of the Code of Civil Procedure and Welfare and Institutions Code that set forth when an attachment may or may not be issued, the manner of calculating the amount to be secured by the attachment, the court's discretion to include costs and attorney's fees, and special limitations on the amount to be secured by attachment in unlawful detainer proceedings: Code Civ. Proc., §§ 482.110, 483.010, 483.015, 483.020; Welf. & lnst. Code,§ 15657.01. 6. You are notified that a. CZJ A right to attach order will be issued if the court finds at the hearing that plaintiffs claim is probably valid and the other requirements for issuing the order are established. This hearing may include both written and oral presentations but is not for the purpose of determining whether the claim is actually valid. Determination of the actual validity of the claim will be made in subsequent proceedings in the action and will not be affected by the decision at the hearing on the application for the order. b.IZl If you desire to oppose the issuance of a right to attach order or object to the amount to be secured by the attachment as provided in Code of Civil Procedure section 483.015 {or Code of Civil Procedure section 483.020 in unlawful detainer actions), you must file with this court and serve on plaintiff (no later than five court days prior to the date set for hearing in item 3) a notice of opposition and supporting declaration or affidavit as required by Code of Civil Procedure section 484.060. c. If a right to attach order is or has been issued, a writ of attachment will be issued to attach your property described in plaintiffs application unless the court determines that the property is exempt from attachment or that its value clearly exceeds the amount necessary to satisfy the amount to be secured by the attachment. However, since the right to attach order will not necessarily be limited to your property described in plaintiffs application, a writ of attachment may later be issued to attach other nonexempt property of yours. Page1 ofS Fonn Approved for Optional USG Coelo Civ. Proc.• §§ 482.030. 484.010 et seq.; Juelicial Council of Ca!Womia NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Welfare & lnstiMions Coele. § 15657.01 AT·115(Rev. July 1, 2010) ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) WM-\v.couronfo.ca.G'Ov AT-115 SHORT TITLE CASE NUMBER: PERFORMANCE FOOD GROUP etc vs. BELLA'S IMPORTS, etc CGC 20 588767 6. d. If you claim t all or some portion of the property described in plaintiffs application is exempt from attachment, you must, no later than e court days prior to this hearing, (1) include your claim of exemption in your notice of opposition filed and served pursuant to Code of Civil Procedure section 484.060 or file and serve a separate claim of exemption with respect to the property as provided in Code of Civil Procedure section 484.070. (2)D file with the court and serve on plaintiff a claim of exemption with respect to the property as provided in Code of Civil Procedure section 484.350. If you fail to make a claim of exemption with respect to personal property, or make a claim of exemption with respect to real or personal property, but fail to prove that the property is exempt, any further claim of exemption with respect to the property will be barred unless you show a change in circumstances occurring after expiration of the time for claiming exemptions. e. Claims of exemption resulting from a change of circumstances, whether after denial of a previous claim or expiration of the time for claiming exemptions, may be asserted as provided in Code of Civil Procedure section 482.100. f. You may obtain a determination at the hearing whether property not described in the application is exempt from attachment. Your failure to claim that property not described in the application is exempt from attachment will not preclude you from making a claim of exemption with respect to the property at a later time. g. You may also obtain a determination at the hearing whether the amount sought to be secured by the attachment will be reduced by (1) the amount of any money judgment in your favor and against plaintiff that remains unsatisfied and enforceable; (2) the amount of any indebtedness of the plaintiff that you have claimed in a cross-complaint filed in the action if your claim is one upon which an attachment could be issued; (3) the amount of any claim asserted by you as a defense in the answer pursuant to Code of Civil Procedure section 431.70 if the claim is one upon which an attachment could have been issued had an action been brought on the claim when it was not barred by the statute of limitations; or (4) the value of any security interest in your property held by plaintiff to secure the indebtedness claimed by plaintiff, together with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the security interest. h. The amount to be secured by an attachment is determined pursuant to the following statutes: (1) Code of Civil Procedure section 482.110. A writ of attachment may include an estimate of the costs and allowable attorney fees. (2) (a)[1] Code of Civil Procedure section 483.010. An attachment may issue on a claim for $500 or more based on a contract, express or implied, exclusive of attorney fees, costs, and interests. If the claim was originally secured by an interest in real property (e.g., a mortgage or trust deed), an attachment may issue only if the security has become valueless or has decreased in value to less than the amount owing on the claim, through no fault of plaintiff or the security holder (if different from plaintiff). (b) D Welfare and Institutions Code section 15657.01. An attachment may issue on a claim based on the 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 undue influence. (3) Code of Civil Procedure section 483.015. The amount to be attached includes the amount of the indebtedness claimed by plaintiff, plus estimated costs and allowable attorney fees, reduced by the sum of the following: (a) the amount of any unsatisfied money judgment held by defendant against plaintiff; (b) the amount of any indebtedness of plaintiff claimed by defendant in a cross-complaint filed in the action (if a writ of attachment could issue on the claim); (c) the amount of any cross-demand for money owed by plaintiff to defendant that is barred by the statute of limitations (but assertable as a Code of Civil Procedure section 431.70 defense} if the debt was one upon which a writ of attachment could have been issued before the statute of limitations ran; and (d) the amount of any security interest held by plaintiff in defendanfs property, together with any decrease in the value of the underlying security caused by plaintiff or a prior security holder. PageZof3 AT·115(Rev. July 1, 2010} NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) AT-115 SHORT TITLE: CASE NUMBER: -PERFORMANCE FOOD GROUP etc vs. BELLA'S IMPORTS, etc CGC 20 588767 6 h. (4) Code of Civil Procedure section 483.020. An attachment ordered in an unlawful detainer proceeding may include (a) the amount of rent past due when the complaint is filed; (b) an additional amount for the estimated rent due from the date the complaint was filed until the estimated date of judgment or delivery of possession to plaintiff; plus (c) estimated costs and attorney fees. Any prepaid rent or lease deposits held by plaintiff are disregarded in the calculation of the amount of attachment. However, the amount of attachment will be reduced by the amounts described in Code of Civil Procedure section 483.015 (see item 6h(3) above). I. Either you or your attorney or both of you may be present at the hearing. j. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH PLAINTIFF'S APPLICATION. THE ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST YOU BEFORE THE TIMES FOR FILING YOUR OPPOSITION AND CLAIMS OF EXEMPTION AND AT THE HEARING. Date: May 5, 2021 DAVID J. COOK, Esq. CBN 060859 (TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) AT·115 [Rev. July 1, 2010) NOTICE OF APPLICATION AND HEARING FOR RIGHT TO Page3oU ATTACH ORDER AND WRIT OF ATTACHMENT (Attachment) 1 PROOF OF SERVICE 2 BWA LAW GROUP, INC. 3 Attn: JEREMY J. ALBERTS, Esq. 4 1904 East Fourth Street, Suite 150 Santa Ana, CA 92705 5 6 I declare: 7 I am employed in the County of San Francisco, California. I am over the age of eighteen 8 ( 18) years and not a party to the within cause. My business address is 165 Fell Street, San Francisco, CA 94102. On the date set forth below, I served the attached: 9 NOTICE OF APPLICATION FOR RIGHT TO ATTACH ORDER AND ORDER FOR 10 ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING c ' 11 APPLICATION FOR RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING 12 DECLARATION IN SUPPORT OF APPLICATION FOR RIGHT TO ATTACH ORDER AND 13 ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING 14 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION FOR 15 ISSUANCE OF WRIT OF ATTACHMENT- AFTER HEARING PURSUANT TO C.C.P. § 484.010 ET SEQ. 16 on the above-named person(s) by: 17 XXX (BY FED EX) Placing a true copy thereof, enclosed in a sealed envelope with the 18 offices of FEDERAL EXPRESS, 1155 Harrison Street, San Francisco, CA 94103 at San Francisco, California, addressed to the person(s) served above and paid by way of the account with 19 the Declarant's account with FED EX. 20 I declare under penalty of perjury under the laws of the· · e of ~ fornia that the foregoing is true and correct. Executed on May 6, 2021 at San Franci o, Cali~ 21 22 23 24 25 26 27 28