Kunshan Capaci Trading Company v. Radii Footwear Incorporated et al

Filing 26

TEMPORARY PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick. 1. The court has considered the application of Plaintiff KUNSHAN CAPACI TRADING COMPANY for a right to attach order, order for issuance of writ of attachment pursuant to California Code Civ. Proc. §484.010 et seq. and for a temporary protective order. (see document for details). (dro)

HOWARD S FREDMAN (State Bar No. 046249)
Email: [e-mail]
2 FREDMAN LIEBERMAN PEARL LLP
1875 Century Park East, Suite 2230
3 Los Angeles, CA 90067-2522
Tel: [phone]; Fax: [phone]
1

4
5

Attorneys for Plaintiff
KUNSHAN CAPACI TRADING COMPANY

6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

KUNSHAN CAPACI TRADING
)
COMPANY, a Chinese Limited Liability )
Company,
)
)
Plaintiff,
)
)
vs.
)
)
RADII FOOTWEAR
)
INCORPORATED, a California
)
corporation, and DOES 1 THROUGH )
10, INCLUSIVE,
)
)
Defendants.
)
)
1.

CASE NO.: 8:16-cv-2236-JLS (DFMx)
TEMPORARY PROTECTIVE
ORDER
Hearing before Hon. Douglas F.
McCormick:
Date: Tuesday, February 28, 2017
Time: 10:00 a.m.
Place: Reagan Fed. Bldg. & U.S.
Courthouse, Courtroom 6B, 6th Floor
411 W. Fourth St., Santa Ana, CA
92701

The court has considered the application of Plaintiff KUNSHAN CAPACI

TRADING COMPANY for a right to attach order, order for issuance of writ of
attachment pursuant to California Code Civ. Proc. §484.010 et seq. and for a
temporary protective order.
2.

THE COURT FINDS:
a.

Defendant RADII FOOTWEAR INCORPORATED is a corporation.

b.

The amount to be secured by the attachment under the application for

a right to attach order is $314,439.31.

27
28
- 1TEMPORARY PROTECTIVE ORDER

1

c.

The claim upon which the application for attachment is based is one

2

upon which an attachment may be issued under California Code Civ. Proc.

3

§483.010.

4
5
6
7
8
9

d.

Plaintiff has established the probable validity of the claim upon which

the application for the attachment is based.
e.

The order is not sought for a purpose other than the recovery upon the

claim upon which the application for the attachment is based.
f.

Great or irreparable injury to the plaintiff will result if this order is not

issued, based on the following: Defendant has failed to pay the debt underlying the

10

requested attachment and is insolvent as defined in California Code Civ. Pro.

11

§485.010(b)(2).

12

g.

13
14

The requirements of California Code Civ. Proc. §485.220 are

satisfied, and a temporary protective order should issue.
h.

Plaintiff must file an undertaking in the amount of $_________

15

before a temporary protective order will issue and shall file an undertaking in that

16

amount within five days from the date of this Order.

17

i.

The property subject to the following order is: all real and personal

18 property of Defendant Radii Footwear Incorporated, including without limitation:
19 all deposit accounts maintained with any bank or financial institution; all inventory;
20 all general intangibles; all documents or other receipts covering, evidencing or
21 representing goods; all instruments; all chattel paper; all financial assets; all cash
22 and other monies and property of defendant; all commercial tort claims; all
23 investment property; all letter-of-credit rights; all letters of credit; all rights to
24 payment for money or funds advanced or sold; all goods; all goodwill and
25 trademarks of defendant; and all rights in any chose in action.
26

j.

The following property of defendant is inventory held for sale and

27

may be transferred in the ordinary course of business: footwear designed by

28

defendant for resale.
- 2TEMPORARY PROTECTIVE ORDER

ORDER

1
2
3
4
5

3.

THE COURT ORDERS
a.

Defendant shall not transfer, directly or indirectly, any interest in the

property described in item 2i of the findings.
b.

Defendant shall not dispose of monies in any of its accounts in a

6

financial institution or of the proceeds of any transfer of inventory held for sale

7

except under the following restrictions:
(1)

8
9
10

benefits and taxes and premiums for workers’ compensation and
unemployment insurance) falling due in the ordinary course of business.
(2)

11
12

(3)
(4)

19
20
21
22

Defendant may pay rent for any premises leased for the

operation of its business and already occupied.
(5)

17
18

Defendant may pay taxes if payment is necessary to avoid

penalties which will accrue if there is any further delay in payment.

15
16

Defendant may pay for goods delivered to Defendant C.O.D.

for use in its business.

13
14

Defendant may pay any payroll expense (including fringe

Defendant may pay reasonable legal fees and reasonable costs

and expenses required for its representation in this action.
c.

This order will expire at the earliest of the following times:
(1)

When plaintiff levies upon cash or property having a fair

market value of $314,439.31; or
(2)

After entry of final judgment.

23
24
25
26

Date: March 29, 2017
______________________________
Honorable Douglas F. McCormick
United States Magistrate Judge

27
28
- 3TEMPORARY PROTECTIVE ORDER