Order Right to Attach After Hearing Issued

Cal. Super. - 6th Dist.November 9, 2020

5} AT-‘l 20 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name. Stale Bar number, and address): _Jonathan Jackal, Bar No. 129146 Rousso & Jackel, Inc. _ 51 E. Campbell Ave., Suite 400-Y, Campbell, Califorma 95008 TELEPHONE “0*(408) 378-3200 W “0. (00%“)? (408) 378-3202 EMAIL ADDRESS (Optional): FOR COURTUSE ONLY HME “TOME" FOR‘NMGIPlaintiffS JOEL RUBNITZ and ARNNON GESHURI FEB 0 5 2021 SUPERIOR COURT or: CALIFORNIA, COUNTY 0F SANTA CLARA clerk of the Court STREETADDRESS: 191 North First St. “WW”? 59““ Bf 0A curvy DI Santa Clara MAJLINGADDRESS; By_-#DEPUW crIYAND UP CODE: San Jose, California 951 I3 BRANCHWE PLA'W'FFi JOEL RUBNITZ, et a]. DEFENDANT: MARY LY, et al. CASE NUMBER:m RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATrACHMENT AFTER HEARING 20CV373 193E ORDER FOR ISSUANCE OF ADDITIONAL WRIT 0F ATTACHMENT AFTER HEARING 1. a. The application of plaintiff (name): Joel Rubnitz for E a right to attach order and order for issuance of writ of attachmentD an order for issuance of addilional wn‘l of attachment against the property of defendant (name): came on for hearing as follows: (1) Judge (name): Honorable Cynthia C. Lie (2) Hean'ng date:February 4, 2021 Time: [fl Deptl 2 E Div; E Rm: b. The following persons were present at the hearing: (1)E Plaintiff (name): (2)D Defendant (name): 2. THE COURT FINDS ~ . FINDINGS a. Defendant (Specify name): Elgllty-Elght HomeS, LLCD unincorporated association (3)m Plaintiffs attorney (nameflonathan JaCkel isa E naturalpersonE corporauon fl omer(spec,{y)Limited Liability Company (M. E partnership b. The claim upon which the application is based Is one upon which an attachment may be issued. c. Plaintiff has established the probable vaiidily 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. [Z] Defendant failed to prove that all the property described in plaintifi‘s application is exempt from attachment. g. E The following property of defendant. described in plaintiffs application (1)E is exempt from attachment (specifix): (2)D is not exempt from attachment (specify): h. D The following property. not described in plaintiffs application. claimed by defendant lo be exempt. (1)E is exempt from attachment (specity): (2]E is not exempt from attachment (specify): LE An undertaking In the amount of: S 10 000 00m has D has not filed an undenakin ln thatamounl. j. 5%)10 Attach Orderwas issued on (dafe):02 {04 202 I Code of Civil Procedure secfion 484.090 (on hearing) k/ other (specify): mwcgggggom RIGHT To ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE 0F WRIT 0F ATTACHMENT (Attachment)AT 120 [Rev Jam 20:01 is required before a writ shall issue, and plaintifi pursuant toD Code of Civil Procedure section 485.220 (ex parte) Pago1 o! 2 Coda o! Civil Pm. §§ 462030, 484.096, Wan] 8 lnsL'rmims Code, § 15651.01 mvooumnfo‘ca‘gov a: _ ‘ AT-120 SHORT TiTLE: CASE NUMBER: -- 20CV373I93 ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name): in the amount of: S 581,770.95 b.E The property described in items 29(1) and 2h(1) 0fthe findings is exempt and shall not be attached. c. The clerk shall issue m a writ of attachment E an additional writ of attachment In the amount siated in item 33m forthwith E upon the filing ofan undenaking in lhe amount of: $ (1)m {or any property of a defendant who is not a natural person for which a method of levy is provided. (2)E for the property of a defendant who is a natura1 person that ls subject to attachment under Code of Civil Procedure section 487.010 described as follows (specify): 3)a for the property covered by a bqu sales notice with respect to a bulk transfer by defendant or the proceeds of sale of such property. described as follows (specify): (4)E for plaintiff‘s pro raIa share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): d. m Defendant shall transfer to the levying officer possession of (1)E any documentary evidence in defendant's possession o€ title to any property described in item 30; (2)m any documentary evidence In defendant's possession of debt owed to defendant described in item 30; (3)E the following property in defendant's possession (specify): NOTICE T0 DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU T0 ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. e. E Other (specify): f. Total number of boxes checked in item 3: 3 Date; 02(04 [202! 40%,41§MM? {JumcmgoFFlcea ““2“““V'Ju’y‘tmwl RIGHT TO ATTACH ORDER AFTER HEARMD ORDER FOR Pm!“ ISSUANCE OF WRIT OF ATTACHMENT (Attachment) SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE Pi 191 NORTH FIRSTSTREET 8LSmJosE, CALIFORNIA 95113CIVIL DIVISION File Copy RE: Joel Rubnitz et al vs Mary Ly et al Case Number: 200V3731 93 PROOF OF SERVICE Right to Attach Order and Order for Issuance of Attachment After Hearing was delivered to the parties listed below the above entitied case as set forth in the sworn declaration below. If you. a party represented by you. or a witness to be called on behalf of that party need an accommodation under the Amen‘can with Disabilities Act. please contact the Court Administrator's office at (408) 882-2700, or use the Court's TDD fine (408) 882-2690 or the VoiceI‘TDD California Relay Service (800) 735-2922. DECLARATION OF SERVICE BY MAIL: | declare that I served this notice by enclosing a true copy in a sealed envelope. addressed to each person whose name is shown below. and by depositing the envelope with postage fully prepaid. in the United States Mail at San Jose. CA 0n February 05. 2021. CLERK OF THE COURT, by Brian Faraone‘ Deputy. ‘ cc: Jonathan Charies Jackel 116 E Campbell Ave Ste 2 Campbell CA 95008 CW-9027 REV 12108116 PROOF OF SERVICE