Clerk Rejection Letter

Cal. Super. - 6th Dist.January 19, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO NAME Stephen G. Opperwall (SEN 100057) FIRMNAME LAW OFFICES OF STEPHEN G. OPPERWALL sTREETADDREss 4900 Hopyard Road, Suite 100 cnY Pleasanton STATE CA ZIP CODE 94588 TELEPHONENO (925) 417-0300 FIUIND (925) 417 - 0301 E MAIL ADDREss steve . opperwallecomcast . net ATTORNEYFOR/name/ Plaintiff ClaudRay, InC. suPERloR coURT QF cALIFCRNIA, coUNTY oF santa clara STREETADDRESS 191 North First Street MAILING ADDRESS cITY AND zIP coDE San Jose, CA 95 1 1 3 BRANOH NAME Downtown Superior Court PLAINTIFF/PETITIQNER: CloudRay, Inc . CASE NUMBER 21CV376509 FOR COURT USE ONL Y EFS-020 DEFENDANT/RESPONDENT'otocho, Inc.; and DOES 1-50 OTHER PROPOSED ORDER (COVER SHEET) JUDICIAL OFFICER Carrie Zepeda DEPT 12 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. t. Name of the party submitting the proposed order: Plaintiff CloudRay, Inc. 2. Title of the proposed order: Order Granting: Application for Additional Writ of Attachment, and for Other Additional Orders, Including Transfer, Seizure, Assignment, and Turnover Orders 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Application for Additional Writ of Attachment etc. b. Date and time: 1/13/22 c. Place: Department 12 1:30 PM 4. XKiKpttpttsm/XlgziftMftfCISltcflsKOlftgfKNltiltrJQNtlsftlcXISKctf4KXX The proposed order was not served on defendant because no one filed opposition and no one appeared at the hearing for defendant. Rt rsnhrsn r:. rtyynrsrwn11 /TYPE OR PRINT NAME) I I /SIGNATURE OF PA)TY OR ATTORNEY) Form Adopted fo Mandatory Use Judraai Counol of Calrforn a EFS-020/Res Fenruary I, 2017/ CLUB' Essential setsoom I '.- Forma PROPOSED ORDER (COVER SHEET) (Electronic Filing) Page I of 2 Cat Rules oi Court. rules 2 252, 3 1312 nwn oourfs sa gov on 1/18/2022 12:00 AMReviewed By: A. Floresca Case #21CV376509 Envelope: 8072569 1 Stephen G. Opperwall (SBN 100057) LAW OFFICES OF STEPHEN G. OPPERWALL 2 4900 Hopyard Road, Suite 100 Pleasanton, California 94588 3 Telephone: (925) 417-0300 Facsimile: (925) 417-0301 4 E-mail: steve.opperwallecomcast.net 5 Attorneys for Plaintiff CloudRay, Inc. 6 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT 12 CloudRay, Inc., 13 Plaintiff, 14 vs. 15 Motocho, Inc.; Mansoor Safi; 16 Semin Valani; and DOES 3-50, 17 Defendants. 18 19 20 21 22 ) No. 21CV376509 ) ) ) Order Grantinc: ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case filed: 1/19/21 ) Trial date: TBD ) Date: 1/13/22 Time: 1:30 PM Dept: 12 Judge: Carrie Zepeda Application for Additional Writ of Attachment, and for Other Additional Orders, Including Transfer, Seizure, Assignment, and Turnover Orders 23 The Application for Additional Writ of Attachment, and for 24 Other Additional Orders, Including Transfer, Seizure, Assignment, 25 and Turnover Orders by Plaintiff CloudRay, Inc. came on regularly 26 for hearing on 1/13/22 at 1:30 PM in Department 12 before the 27 Honorable Carrie Zepeda. 28 Plaintiff CloudRay, Inc. appeared by counsel of record, Stephen 1 Order Grantinc: Application for Additional Writ of Attachment, and for Other Additional Orders, Including Transfer, Seizure, Assignment, and Turnover Orders DO NOT USE THIS ORDER 1 G. Opperwall. There was no appearance by Defendant Motocho, Inc. or 2 any other Defendant. There had been no opposition filed by any 3 Defendant. Based on the matters submitted, and good cause appearing, the 5 court grants Plaintiff's Application for Additional Writ of 6 Attachment, and for Other Additional Orders, Including Transfer, 7 Seizure, Assignment, and Turnover Orders, as follows: 10 ASSIGNMENT ORDER 12 Based on the matters submitted, and good cause appearing, it is 13 ordered as follows: 14 1. All rights to payment that Defendant Motocho, Inc. has 15 from any third party are hereby assigned to Plaintiff CloudRay, Inc. 16 until such time as the Writ of Attachment herein is fully satisfied 17 or this order is amended. 18 2. The amounts of the Right To Attach Order and Writ of 19 Attachment (8403,878.09) that are the subject of this order shall be 20 paid to Plaintiff, and shall be applied to the Writ of Attachment 21 herein until such Writ of Attachment is fully satisfied or this 22 order is amended. The payments shall be made to the following: 23 25 26 27 Stephen G. Opperwall LAW OFFICES OF STEPHEN G. OPPERWALL 4900 Hopyard Road, Suite 100 Pleasanton, California 94588 Telephone: (925) 417-0300 Facsimile: (925) 417-0301 E-mail: steve.opperwallecomcast.net NOTICE IS HEREBY GIVEN THAT FAILURE BY THE DEFENDANT TO COMPLY 28 WITH THIS ORDER MAY SUBJECT THE DEFENDANT TO BEING HELD IN CONTEMPT order Grantino: Application for Additional writ of Attachment, and for Other Additional Orders, Including Transfer, Seizure, Assignment, and Turnover Orders 1 OF COURT. 2 NOTICE IS HEREBY GIVEN TO ANYONE SERVED WITH THIS ORDER THAT IF 3 YOU MAKE ANY PAYMENTS TO THE DEFENDANT AFTER YOU RECEIVE THIS NOTICE 4 THAT SUCH PROPERTY HAS BEEN ASSIGNED TO THE PLAINTIFF NAMED ABOVE, 5 YOU WILL NOT SATISFY THE OBLIGATION WHICH HAS BEEN ASSIGNED AND YOU 6 MIGHT BE LIABLE FOR FULL PAYMENT TO THE PLAINTIFF. 10 TURNOVER ORDER 11 Based on the matters submitted, and good cause appearing, it is 12 ordered as follows: 13 Defendant Motocho, Inc. is hereby ordered to immediately 14 transfer to the levying officer (Santa Clara County Sheriff's 15 Department, Civil Division) possession of all of the following: 16 1. All property in Defendant's possession, 17 2. All documentary evidence in Defendant's possession of 18 title to property, and 19 3. All documentary evidence in Defendant's possession of 20 every debt owed to Defendant now and in the future. 21 22 IT IS SO ORDERED. 23 24 Date: The Honorable Carrie Zepeda Judge of the Superior Court25 26 27 motion.P.awoa.addlitional.ORDER.wpd 28 Order Grantina: Application for Additional writ of Attachment, and for Other Additional Orders, Including Transfer, Seizure, Assignment, and Turnover Orders DO NOT USE THIS ORDER