Declaration

Cal. Super. - 6th Dist.March 16, 2021

\DOONONUl-bUJNr-A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOPKINS & CARLEY ATTORNEYS AT LAW SAN JOSE + PALo ALTO 21 CV379031 Santa Clara - Civil Stephen J. Kottmeier (State Bar N0. 77060) Electronically Filed sjk@hopkinscarley.com by Superior Court of CA, Monique D. Jewett-Brewster (State Bar N0. 217792) county of Santa c|ara’ mjb@hopkinscarley.com . Rachael W. Hiatt (State Bar No. 3 17623) 32:53:: 13 1 98422:: rhiatt@hopkinscarley.com y' ' HOPKINS & CARLEY case #21 CV379031 A Law Corporation Envelope: 61 71 730 The Letitia Building 70 South First Street San Jose, CA 951 13-2406 mailing address: P.O. Box 1469 San Jose, CA 95109-1469 Telephone: (408) 286-9800 Facsimile: (408) 998-4790 Attorneys for Plaintiff CATHAY BANK, a California Banking Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CATHAY BANK, a California Banking CASE NO. 21CV379031 Corporation, DECLARATION OF RACHAEL W. Plaintiff, HIATT IN SUPPORT OF APPLICATION FOR RIGHT TO V. ATTACH ORDER AND WRIT OF ATTACHMENT VIOLET PARVARANDEH and PIROOZ PARVARANDEH and DOES 1 through 50, Date: TBA inclusive, Time: TBA Dept: TBA Defendants. I, Rachael W. Hiatt, declare: 1. I am an attorney at law and duly licensed to practice before all courts of the State 0f California, and am associated with the law firm of Hopkins & Carley, a Law Corporation, attorneys 0f record for Plaintiff Cathay Bank, a California Banking Corporation (“Plaintiff”). I S.V make this declaration in support 0f Plaintiff” s Application for a Right to Attach Order and Writ of Attachment in the above referenced matter (“Application”). The facts stated herein are based 0n my personal knowledge and if called upon t0 testify as a Witness in this matter, I could and would 924\3728631.1 DECLARATION OF RACHAEL W. HIATT IN SUPPORT OF APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AWNH \OOONQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOPKINS 3: CARLEY ATTORNEYS AT LAW SAN JOSE o PALO ALTO d0 s0 competently. 2. Plaintiff has already incurred substantial attorney fees in exercising its rights in connection With the Borrower’s and Defendant Guarantors’ defaults, including but not limited t0 the drafting 0f the complaint and all documents associated with Plaintiffs Application. Based upon my review 0f the case, I anticipate that Plaintiff will incur attorney fees in excess 0f $40,000.00 and costs of at least $5,000.00 in connection with making the instant Application, conducting discovery, taking and defending depositions, if necessary, and in trial. 3. Iprepared a proposed form 0f the Right to Attach Order that Plaintiff seeks against defendant Violet Parvarandeh (“V. Parvarandeh”) in the above-referenced action, a true and correct copy ofwhich is attached hereto as Exhibit A. 4. Iprepared a proposed form of the Right to Attach Order that Plaintiff seeks against defendant Pirooz Parvarandeh (“P. Parvarandeh”) in the above-referenced action, a true and correct copy ofwhich is attached hereto as Exhibit B. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on this 5th day of April, 2021, at San Jose, California. Rachael W. Hiatt 92487286311 - 2 - DECLARATION OF RACHAEL W. HIATT IN SUPPORT OF APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT Exhibit A AT-1 20 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY _Stephen J. Kottmeier (State Bar No. 77060) Monique D. Jewett-Brewster (State Bar No. 217792) HOPKINS & CARLEY, a Law Corporation 70 S. First Street, San Jose, CA 951 13 TELEPHONE N0-: (408) 286-9800 FAX No. (Optional): (408) 998-4790 E-MAIL ADDRESS (Optional): mjb@hopkinscarley.com ATTORNEY F0R(Name): Plaintiff Cathay Bank SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME: PLAINTIFF: Cathay Bank, a California Banking Corporation DEFENDANT: Violet Parvarandeh and Pirooz Parvarandeh, et al. V CASE NUMBER: L4 RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF 21 CV379031 ATTACHMENT AFTER HEARING D ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER HEARING 1. a. The application of plaintiff (name): Cathay Bank, a California Banking Corporation for X a right to attach order and order for issuance of writ of attachment D an order for issuance of additional writ of attachment against the property of defendant (name): Violet Parvarandeh, an indivdual came on for hearing as follows: (1) Judge (name): Honorable (2) Hearing date: Time: D Dept.: 6 D Div.: D Rm.: b. The following persons were present at the hearing: (1) D Plaintiff (name): (3) D Plaintiffs attorney (name).- (2) D Defendant (name): (4) D Defendant's attorney (name): FINDINGS 2. THE COURT FINDS a. Defendant (specify name): Violet Parvarandeh is a X natural person D partnership D unincorporated association D corporation D other (specify): b. The claim upon which the application is based is one upon which an attachment may be issued. c. Plaintiff has established the probable validity 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. X Defendant failed to prove that all the property described in plaintiff's application is exempt from attachment. g. D The following property of defendant, described in plaintiffs application (1) D is exempt from attachment (specify): (2) D is not exempt from attachment (specify): h. D The following property, not described in plaintiff's application, claimed by defendant to be exempt (1) D is exempt from attachment (specify): (2) D is not exempt from attachment (specify): i. An undertaking in the amount of: $10,000.00 is required before a writ shall issue, and plaintiff X has D has not filed an undertaking in that amount. j. A Right to Attach Order was issued on (date): pursuant to D Code of Civil Procedure section 484.090 (on hearing) D Code of Civil Procedure section 485.220 (ex parte) k. D other (specify): Page 1 of 2 486\3727450.1 F°rmAppr°vedf°r0pfi°na' Use RIGHT To ATTACH ORDER AFTER HEARING AND ORDER ngeelfggcgggggggfioiggeogggyfggéggz:Judicial Council of California AT-120IRev-Ju'vmoml FOR ISSUANCE 0F WRIT 0F ATTACHMENT (Attachment) www-coumnfo-ca-gov AT-1 20 SHORT TITLE: CASE NUMBER: _ Cathay Bank v. Violet Parvarandeh, et al. 21CV379031 ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name): Violet Parvarandeh, an indivdual in the amount of: $ 10,928,576.97 b. D The property described in items 29(1) and 2h(1) of the findings is exempt and shall not be attached. c. The clerk shall issue E a writ of attachment D an additional writ of attachment in the amount stated in item 3a E forthwith D upon the filing of an undertaking in the amount of: $ (1)D for 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 natural person that is subject to attachment under Code of Civil Procedure section 487.010 described as follows (specify): See Attachment 3(c)(2) (3) D for the property covered by a bulk sales notice with respect to a bulk transfer by defendant or the proceeds of sale of such property, described as follows (specify): (4)D for plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): d. D Defendant shall transfer to the levying officer possession of (1) D any documentary evidence in defendant‘s possession of title to any property described in item 3c; (2) D any documentary evidence in defendant‘s possession of debt owed to defendant described in item 3c; (3)D the following property in defendant's possession (specify): NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. e. D Other (specify): f. Total number of boxes checked in item 3: 3 Date: JUDICIAL OFFICER l mxgsvgzfiatézzma AT-WRev-JU'WOWI RIGHT To ATTACH ORDER AFTER HEARING AND ORDER FOR Pagan” 486‘3727450-1 ISSUANCE 0F WRIT 0F ATTACHMENT (Attachment) MC-025 SHORT TITLE: CASE NUMBER: -Cathay Bank v. Violet Parvarandeh, et al. 21CV379031 ATTACHMENT (Number): 3C§22 t0 AT-1 20 (This Attachment may be used with any Judicial Councilform.) Pursuant to CCP section 487.010(c), the property 0f defendant Violet Parvarandeh, an indvidual including but not limited to the following: (1) Interests in real property except leasehold estates With unexpired terms 0f less than one year. (2) Accounts receivable, chattel paper, and general intangibles arising out 0f the conduct by the defendant of a trade, business, 0r profession, except any such individual claim With a principal balance of less than one hundred fifty dollars ($150). (3) Equipment. (4) Farm products. (5) Inventory. (6) Final money judgments arising out of the conduct by the defendant 0f a trade, business, 0r profession. (7) Money on the premises Where a trade, business, 0r profession is conducted by the defendant and, except for the first one thousand dollars ($1,000), money located elsewhere than 0n such premises and deposit accounts, but, if the defendant has more than one deposit account or has at least one deposit account and money located elsewhere than 0n the premises Where a trade, business, or profession is conducted by the defendant, the court, upon application of the plaintiff, may order that the writ of attachment be levied so that an aggregate amount of one thousand dollars ($1,000) in the form 0f such money and in such accounts remains free of levy. (8) Negotiable documents 0f title. (9) Instruments. (10) Securities. (1 1) Minerals or the like (including oil and gas) t0 be extracted. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of l A h l f ' .ttac ment are made underpena ty o pequry ) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California _ M0025 [Rev. July 1, 2009] to Judicial Council Form Amer'ca” Lega'Net' '“C- www. Forms Workflow.com Exhibit B AT-1 20 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY _Stephen J. Kottmeier (State Bar No. 77060) Monique D. Jewett-Brewster (State Bar No. 217792) HOPKINS & CARLEY, a Law Corporation 70 S. First Street, San Jose, CA 951 13 TELEPHONE N0-: (408) 286-9800 FAX No. (Optional): (408) 998-4790 E-MAIL ADDRESS (Optional): mjb@hopkinscarley.com ATTORNEY F0R(Name): Plaintiff Cathay Bank SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME: PLAINTIFF: Cathay Bank, a California Banking Corporation DEFENDANT: Violet Parvarandeh and Pirooz Parvarandeh, et al. V CASE NUMBER: L4 RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF 21 CV379031 ATTACHMENT AFTER HEARING D ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER HEARING 1. a. The application of plaintiff (name): Cathay Bank, a California Banking Corporation for X a right to attach order and order for issuance of writ of attachment D an order for issuance of additional writ of attachment against the property of defendant (name): Pirooz Parvarandeh, an indivdual came on for hearing as follows: (1) Judge (name): Honorable (2) Hearing date: Time: D Dept.: 6 D Div.: D Rm.: b. The following persons were present at the hearing: (1) D Plaintiff (name): (3) D Plaintiffs attorney (name).- (2) D Defendant (name): (4) D Defendant's attorney (name): FINDINGS 2. THE COURT FINDS a. Defendant (specify name): Pirooz Parvarandeh is a X natural person D partnership D unincorporated association D corporation D other (specify): b. The claim upon which the application is based is one upon which an attachment may be issued. c. Plaintiff has established the probable validity 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. X Defendant failed to prove that all the property described in plaintiff's application is exempt from attachment. g. D The following property of defendant, described in plaintiffs application (1) D is exempt from attachment (specify): (2) D is not exempt from attachment (specify): h. D The following property, not described in plaintiff's application, claimed by defendant to be exempt (1) D is exempt from attachment (specify): (2) D is not exempt from attachment (specify): i. An undertaking in the amount of: $10,000.00 is required before a writ shall issue, and plaintiff X has D has not filed an undertaking in that amount. j. A Right to Attach Order was issued on (date): pursuant to D Code of Civil Procedure section 484.090 (on hearing) D Code of Civil Procedure section 485.220 (ex parte) k. D other (specify): Page 1 of 2 F°rmAppr°vedf°r0pfi°na' Use RIGHT To ATTACH ORDER AFTER HEARING AND ORDER ngeelfggcgggggggfioiggeogggyfggéggz:Judicial Council of California AT-120IRev-Ju'vmoml FOR ISSUANCE 0F WRIT 0F ATTACHMENT (Attachment) www-coumnfo-ca-gov AT-1 20 SHORT TITLE: CASE NUMBER: _ Cathay Bank v. Violet Parvarandeh, et al. 21CV379031 ORDER 3. THE COURT ORDERS a. Plaintiff has a right to attach property of defendant (name): PirOOZ Parvarandeh, an indivdual in the amount of: $ 10,928,576.97 b. D The property described in items 29(1) and 2h(1) of the findings is exempt and shall not be attached. c. The clerk shall issue E a writ of attachment D an additional writ of attachment in the amount stated in item 3a E forthwith D upon the filing of an undertaking in the amount of: $ (1)D for 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 natural person that is subject to attachment under Code of Civil Procedure section 487.010 described as follows (specify): See Attachment 3(c)(2) (3) D for the property covered by a bulk sales notice with respect to a bulk transfer by defendant or the proceeds of sale of such property, described as follows (specify): (4)D for plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license number is (specify): d. D Defendant shall transfer to the levying officer possession of (1) D any documentary evidence in defendant‘s possession of title to any property described in item 3c; (2) D any documentary evidence in defendant‘s possession of debt owed to defendant described in item 3c; (3)D the following property in defendant's possession (specify): NOTICE TO DEFENDANT: FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. e. D Other (specify): f. Total number of boxes checked in item 3: 3 Date: JUDICIAL OFFICER l mxgsvgzfiatézzma AT‘1ZOIRGV'Ju'V1'20101 RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR P3932“ ISSUANCE OF WRIT OF ATTACHMENT (Attachment) MC-025 SHORT TITLE: CASE NUMBER: -Cathay Bank v. Violet Parvarandeh, et al. 21CV379031 ATTACHMENT (Number): 3C§22 t0 AT-1 20 (This Attachment may be used with any Judicial Councilform.) Pursuant to CCP section 487.010(c), the property 0f defendant Pirooz Parvarandeh, an individual, including but not limited to the following: (1) Interests in real property except leasehold estates With unexpired terms 0f less than one year. (2) Accounts receivable, chattel paper, and general intangibles arising out of the conduct by the defendant of a trade, business, 0r profession, except any such individual claim With a principal balance of less than one hundred fifty dollars ($150). (3) Equipment. (4) Farm products. (5) Inventory. (6) Final money judgments arising out of the conduct by the defendant 0f a trade, business, 0r profession. (7) Money on the premises Where a trade, business, 0r profession is conducted by the defendant and, except for the first one thousand dollars ($1,000), money located elsewhere than 0n such premises and deposit accounts, but, if the defendant has more than one deposit account or has at least one deposit account and money located elsewhere than 0n the premises Where a trade, business, or profession is conducted by the defendant, the court, upon application of the plaintiff, may order that the writ of attachment be levied so that an aggregate amount of one thousand dollars ($1,000) in the form 0f such money and in such accounts remains free of levy. (8) Negotiable documents 0f title. (9) Instruments. (10) Securities. (1 1) Minerals or the like (including oil and gas) t0 be extracted. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of l A h l f ' .ttac ment are made underpena ty o pequry ) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California _ M0025 [Rev. July 1, 2009] to Judicial Council Form Amer'ca” Lega'Net' '“C- www. Forms Workflow.com