Motion for Attachment Order in Trillium Enterprises, Inc. v. Pascucci Goleta, Inc., et al.| Trellis.Law

On November 29, 2017 a Exhibit,Appendix was filed involving a dispute between Trillium Enterprises Inc, and Knight, Laura, Pascucci Goleta Inc, for civil in the District Court of Santa Barbara County.

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AT-1 05

iATTORNEY OR PARTY WI‘IHOUT ATTORNEY (Name, Stafe Bar number. and address):
Jana S. Johnston, SBN 229413; Osaama
MULLEN & HENZELL L.L.P.
Saiﬁ, SBN 309172
FOR COURT USE ONLY

112 E. Victoria Street ELECTRONICALLY
E LECTRONICALLY FILED
Santa Barbara, CA 93101 Superior
S uperior Court of California
TELEPHONE NO: (805) 966-1501 (805)
FAX NO (Optional): 966-9204 County of Santa Barbara
osaiﬁ@mullenlaw.com
ADDRESS (Optional):
E—MAIL
Darrel
E arrel E. Parker, Executive Officer
Plaintiff Trillium Enterprises,
ATTORNEY l-OR (Name): Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Barbara
1/9/2018
1/9/201812zo412:04 PM
STREET ADDRESS.1100 Anacapa Street By:
Ey: Terri Chavez, Deputy
MAILING ADDRESS:

s
CITY AND CODE’Santa Barbara, CA 93101
BRANCH NAME:Anacapa Division
PLAINTIFF: Trllhum Enterprlses, Inc_., a corporatlon

DEFENDANT: Pascucci Goleta, Inc., a corporation;
Laura nht, an individual
CASE NUMBER.
APPLICATION FOR
17CV05383
Z] RIGHT TO ATTACH ORDER El TEMPORARY PROTECTIVE ORDER
m ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
CI ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
D After Hearing m Ex Parte
D Against Property of Nonresident

1. Plaintiff (name): Trillium Enterprises, Inc., a corporation
applies D after hearing Z] ex parte for
a. E] a right to attach order and writ of attachment.
b. C] an additional writ of attachment.
0. I2] a temporary protective order,
d. m an order directing the defendant to transfer to the levying officer possession of
(1) I2] property in defendant's possession.
(2) m documentary evidence in defendant‘s possession oftitle to property.
(3) Z] documentary evidence in defendant‘s possession of debt owed to defendant.
2. Defendant (name): Pascucci Goleta, Inc., a corporation
a. CI is a naturalperson who
(1)
(2)
a
I:|
resides in California.
does not reside in California.
b. m is a corporation
(1) m qualified to do business in California.
(2) D not qualified to do business in California.
.0

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. E] is other (specify):

3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one):
El Code of Civil Procedure section 483.010 CI Welfare and Institutions Code section 15657.01.
4. Attachment is not sought for a purpose otherthan the recovery on a claim upon which the attachment is based.

5._ is discharged or the prosecution of the action is stayed in a proceeding
Plaintiff has no information or belief that the claim under
Title 11of the United States Code (Bankruptcy).
Page1of2!

Formﬂpprovod {or Ophgnal APPLICATION FOR RIG HT TO ATTAC H ORDER,
_Use

“A“T'ﬁiﬂsﬁam:{y‘ié'ésTo'i‘ TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) W“
Code of Civil Placedurs, §§44B‘2.030. 454 010 et seq.
&
'“""““$“wi'v‘2353;n§m1295331

Essential
9|;a EJEME
AT-1 05
SHORT TITLE CASE NUMBER:

_ Trillium Enterprises, 1110.,V. Pascucci Goleta, Inc., et a1. 17CV05383

6. a. D Plaintiffs claim or claims arise out of conduct by the defendant who is a naturalperson 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 obtained
Plaintiff's claim or claims arise out of conduct of
or retained,or assisted
a natural person who or
secreting, appropriating,
an entity that has taken.
obtaining, or retaining
secreted.
or personal
appropriated,
of elder
intaking, real propeﬂy an
or dependent adult for a wrongful use, with intent to defraud,
or by using undue influence.

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. C] verified complaint.
b. E] attached afﬁdavit or declaration‘
0. CI following facts (specify):

The amount to be secured by the attachment is: $ 100,000 or an amount according to proof greater than zero
a. m which includes estimated costs of: $ 5,000.00
b. m which includes estimated allowable attorney fees of: $ 20,000,00

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.
b‘ El Any property of a nonresident defendant.
0. a Propeny of a defendant who is a natural
487.010 (specify):
person that is subject to attachment under Code of Civil Procedure section

d. D Property covered by a bulk sales notice with respect to a bulk transfer by defendant on the proceeds ofthe sale of such
property (describe):

e. D Plaintiffs 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. [3 Nonresident defendant has not filed a general appearance,

AT»105[Rev. July1‘ 2010] APPLICATION FOR RIGHT TO ATTACH ORDER, PageZofa
CEB' Elsgentlal TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
«Atom a_ arms-
AT-105
SHORT TITLE' CASE NUMBER:
— Trillium Enterprises, Inc., v. Pascucci Goleta, Inc., et a1. 17CV05383

13. 8. Plaintiff E] alleges on ex parte application for order for writ of attachment
m 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

(1) m it may be inferred that there is a danger that the property sought to be attached will be
(a)
(b)
a
a
concealed.
substantially impaired in value.
(c) m made unavailable to levy by other than concealment or impairment in value.

2) a 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) CI a bulk sales notice was recorded and published pursuant to division 6 ofthe Commercial Code with respect to a bulk
transfer by the defendant.

) 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) D othercircumstances (specify):

b. The statements in item13a are established by m the attached affidavit or declaration
CI the following facts (specify):

14. El Plaintiff requests the following relief by temporaw protective order (specify):
The defendant is restrained from transferring or encumbering any interest in its property or impairing its
value, speciﬁcally the Pascucci Restaurant equipment and Defendant Knights's shareholder interest
in Pascucci, Inc.

15. Plaintiff
a. C] has ﬁled an undertaking in the amount of: $
b. E] has not ﬁled an undertaking.

January 9, 2018

EV
Date:

Oqaama Saiﬁ
(TYPE 0R PR‘NT NAME OF PLAINTIFF OR PLA‘NT‘FF'S ATTORNEY) 0K
(SIGNATURE OF PLAINTIFF lNTIFF' 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 9, 2018

()Qaama Saiﬁ
(TYPE OR PRINT NAME)

16. Number of pages attached:
A1105 [Rev July
1.2010] APPLICATION FOR RIGHT TO ATTACH ORDER, Pageant:
' Essentlal TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
“Imam

Case Info

Judge

Anderle, Thomas P Track Judge’s New Case

Case No.

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Document Filed Date

January 09, 2018

Case Filing Date

November 29, 2017

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Exhibit,Appendix: Trillium Enterprises, Inc. v. Pascucci Goleta, Inc., et al.

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