Fillable FOR COURT USE ONLY (US Courts)

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FOR COURT USE ONLY (US Courts)

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APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY
PROTECTIVE ORDER, ETC. (Attachment)
FOR COURT USE ONLY
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
CASE NUMBER:
APPLICATION FOR
RIGHT TO ATTACH ORDER
TEMPORARY PROTECTIVE ORDER
ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
After Hearing
Ex Parte
Against Property of Nonresident
Plaintiff (name):
applies
ex parte for
a right to attach order and writ of attachment.a.
b. an additional writ of attachment.
c. a temporary protective order.
d. an order directing the defendant to transfer to the levying officer possession of
property in defendant's possession.(1)
(2)
(3)
Defendant (name):
b.
is a corporation
qualified to do business in California.
(1)
(2)
c.
is a California partnership or other unincorporated association.
is a foreign partnership that
d.
has filed a designation under Corporations Code section 15800.
(1)
(2)
a.
is a natural person who
does not reside in California.
(1)
(2)
Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based.4.
(AT-105 [Rev. January 1, 2000])
Code of Civil Procedure,
§§ 482.030, 484.010 et seq.
1.
TELEPHONE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
ATTORNEY FOR (Name):
FAX NO.:
2.
documentary evidence in defendant's possession of title to property.
documentary evidence in defendant's possession of debt owed to defendant.
not qualified to do business in California.
has not filed a designation under Corporations Code section 15800.
resides in California.
e.
is other (specify):
3. Attachment is sought to secure recovery on a claim upon which attachment may issue under Code of Civil Procedure section
483.010.
Page one of three
5. 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).
after hearing
CASE NUMBER:
SHORT TITLE:
The facts showing plaintiff is entitled to a judgment on the claim on which the attachment is based are set forth with particularity
in the
7.
The amount to be secured by the attachment is: $
which includes estimated costs of: $a.
which includes estimated allowable attorney fees of: $b.
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:
Any property of a defendant who is not a natural person.a.
Any property of a nonresident defendant.b.
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):
c.
Plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold (specify license number):
d.
e.
Plaintiff is informed and believes that the property sought to be attached is not exempt from attachment.
The court issued a Right to Attach Order on (date):11.
Nonresident defendant has not filed a general appearance.12.
APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY
PROTECTIVE ORDER, ETC. (Attachment)
Page two of three
8.
9.
10.
Property covered by a bulk sales notice with respect to a bulk transfer by defendant on the proceeds of the sale of such
property (describe):
verified complaint.
a.
attached affidavit or declaration.
b.
following facts (specify):
c.
6. Plaintiff's claim or claims arise out of conduct by the defendant who is a natural person 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.
(Attach a copy.)
Date:
13. Plaintiff alleges on ex parte application for order for writ of attachment
it may be inferred that there is a danger that the property sought to be attached will be
concealed.
substantially impaired in value.
made unavailable to levy by other than concealment or impairment in value.
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.
an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to
the sale by the defendant.
(2)
(3)
Plaintiff requests the following relief by temporary protective order (specify):14.
has filed an undertaking in the amount of: $a.
has not filed an undertaking.b.
DECLARATION
I declare under penalty of perjury that the foregoing is true and correct.
Date:
APPLICATION FOR RIGHT TO ATTACH ORDER, TEMPORARY
PROTECTIVE ORDER, ETC. (Attachment)
Page three of three
(TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF'S ATTORNEY) (SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
16.
CASE NUMBER:
SHORT TITLE:
(1)
(a)
(4)
defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil
Procedure section 485.010, subdivision (b)(2).
Plaintiff
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number of pages attached: _____
(b)
(c)
15.
other circumstances (specify):(5)
b.
The statements in item 13a are established by the attached affidavit or declaration
the following facts (specify):
a.
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
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FOR COURT USE ONLY (US Courts)

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Completed 12 May 2021

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