Travelers Casualty and Surety Co. v. Natoma Valley Ridge, et al.,

Filing 18

TEMPORARY PROTECTIVE ORDER signed by Judge John A. Mendez on 01/07/09 ORDERING that Defendants are prohibited from transferring the property subject to attachment under Code of Civil Procedure section 487.010. IT IS ORDERED that this order shall be p ersonally served on all Defendants pursuant to California Code of Civil Procedure Section 486.080. A hearing on Plaintiff's application for right to attach order and order for issuance of writ of attachment shall be held on 1/28/2009 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs shall be provided notice pursuant to California Code of Civil Procedure Section 484.040. (Streeter, J)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff, v. NATOMA VALLEY RIDGE, LLC, a California limited liability company; GSJ COMPANY, LLC dba DUNMORE COMMUNITIES, a California limited liability company; GRANT AVENUE, LLC, a California limited liability company; CREEKSIDE 18, LLC, a California limited liability company; JEREMY A. DUNMORE, an individual; SIDNEY D. DUNMORE, an individual; RUTH DUNMORE, an individual; CHADY EVETTE DUNMORE, an individual; THOMAS E. MARTIN, an individual; DIANE CAROL MARTIN, an individual; STEPHEN K. PARKINSON, an individual; SUSAN C. PARKINSON, an individual; GSJ COMPANY, LLC dba DUNMORE COMMUNITIES, as trustee, for THE DUNMORE FAMILY TRUST dated February 24, 1977, as amended; RUTH DUNMORE, as trustee, for THE DUNMORE FAMILY TRUST dated February 24, 1977, as amended; WESTERN SIERRA NATIONAL BANK, a California corporation; WESTERN SIERRA BANCORP, a California ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 Case No. 2:08-CV-02715 JAM-JFM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA TEMPORARY PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 corporation; UMPQUA HOLDINGS ) CORPORATION, an Oregon ) corporation; and UMPQUA BANK, an ) Oregon corporation, ) ) Defendants. ) ) The ex parte application for right to attach order and order for issuance of writ of attachment or in the alternative, for a temporary protective order by plaintiff Travelers Casualty And Surety Company Of America ("Plaintiff") on property of defendants GSJ Company LLC ("GSJ"), Natoma Valley Ridge, LLC ("Natoma"), the Dunmore Family Trust, dated February 24, 1977, as amended ("Dunmore Family Trust"), Sidney D. Dunmore, Jeremy Dunmore and Ruth Dunmore (collectively, "Defendants") having been considered by the Court, and good cause appearing, the Court makes the following findings and order. FINDINGS ON APPLICATION FOR ATTACHMENT Having considered the papers, the Court hereby finds as follows: 1. Attachment is sought to secure recovery on a claim upon which attachment may issue under California Code of Civil Procedure section 483.010. 2. Attachment is sought for no purpose other than the recovery on a claim upon which the attachment is based. 3. than zero. 4. Travelers established the probable validity of all the The amount to be secured by the attachment is greater claims on which the writ of attachment would issue. TEMPORARY PROTECTIVE ORDER Based on the above findings, the Court hereby orders: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Travelers has met its burden of demonstrating that unless the Court issues a temporary protective order, as authorized by California Code of Civil Procedure section 486.010, et seq., Travelers will suffer great or irreparable injury. 2. The Court hereby issues a temporary protective order prohibiting Defendants from transferring the property subject to attachment under Code of Civil Procedure section 487.010, described as follows: a. A lien, pursuant to California Code of Civil Procedure section 491.410, et seq., in any money judgment or settlement proceeds otherwise payable to defendants Natoma Valley Ridge LLC ("Natoma"), GSJ Company, LLC ("GSJ"), Jeremy A. Dunmore, Sidney D. Dunmore, Ruth Dunmore and the Dunmore Family Trust dated February 24, 1977, as amended, in any pending court case, arbitration, mediation, hearing, administrative proceeding, or other proceeding. b. All of Natoma's and GSJ's corporate property which is subject to attachment pursuant to subdivision (a) of Code of Civil Procedure section 487.010. c. Any and all interests held by Jeremy A. Dunmore, Sidney D. Dunmore and Ruth Dunmore in accounts receivable, chattel paper, and general intangibles arising out of their conduct of a trade, business or profession, except any such individual claim with a principal balance of less than one hundred fifty dollars ($150). d. Any and all interests held by Jeremy A. Dunmore, Sidney D. Dunmore and Ruth Dunmore in equipment. e. Any and all interests held by Jeremy A. Dunmore, 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sidney D. Dunmore and Ruth Dunmore in farm products. f. Any and all interests held by Jeremy A. Dunmore, Sidney D. Dunmore and Ruth Dunmore in inventory. g. Any and all interests held by Jeremy A. Dunmore, Sidney D. Dunmore and Ruth Dunmore in money on the premises where a trade, business or profession is conducted by the defendant and, except for the first one thousand dollars ($1,000), money located elsewhere than on such premises and deposit accounts. h. Any and all interests held by Jeremy A. Dunmore, Sidney D. Dunmore and Ruth Dunmore in community property that would be subject to enforcement of judgment in this lawsuit. i. Any and all interests in real property except leasehold estates with unexpired terms of less than one year of defendants Natoma, GSJ, Jeremy A. Dunmore, Sidney D. Dunmore, Ruth Dunmore and the Dunmore Family Trust dated February 24, 1977, as amended (method of levy provided for by California Code of Civil Procedure, Chapter 8, Article 2, section 488.300, et seq., and sections 700.015 and 700.080) including, but not limited to: j. Real property described as follows: Ruth Dunmore's and the Dunmore Family Trust's interests in the real property located in Placer County, APN No. 466-020-046. Natoma's interest in the real property located in Sacramento County, APN No. 071-0050-011. Natoma's interest in the real property located in Sacramento County, APN No. 071-0050-018. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Natoma's interest in the real property located in Sacramento County, APN No. 071-0050-056. Natoma's interest in the real property located in Sacramento County, APN No. 071-0050-057. Sidney D. Dunmore's interest in the real property located in Placer County, APN No. 032-241-024. GSJ's interest in the real property located in Butte County, APN No. 022-100-014. GSJ's interest in the real property located in Butte County, APN No. 022-170-009. GSJ's interest in the real property located in Butte County, APN No. 022-170-065. GSJ's interest in the real property located in Butte County, APN No. 022-170-078. GSJ's interest in the real property located in Sacramento County, APN No. 204-0193-059-0000. GSJ's interest in the real property located in Sacramento County, APN No. 050-0372-001. GSJ's interest in the real property located in Sacramento County, APN No.050-0372-002. GSJ's interest in the real property located in Sacramento County, APN No.050-0372-003. GSJ's interest in the real property located in Sacramento County, APN No.115-0192-031. GSJ's interest in the real property located in Sacramento County, APN No.115-0192-032. GSJ's interest in the real property located in Shasta County, APN No. 070-160-044. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 k. GSJ's interest in the real property located in Shasta County, APN No. 050-270-013. Negotiable documents of title, instruments, securities of defendants Natoma Valley Ridge LLC, GSJ Company, LLC, Jeremy A. Dunmore, Sidney D. Dunmore, Ruth Dunmore and the Dunmore Family Trust dated February 24, 1977, as amended. (Method of levy provided for by California Code of Civil Procedure, Chapter 8, Article 2, section 488.300, et seq., and sections 700.020, 700.110, 700.120, and 700.130.) l. Any and all right, title and interest of defendants Natoma Valley Ridge LLC, GSJ Company, LLC, Jeremy A. Dunmore, Sidney D. Dunmore, Ruth Dunmore and the Dunmore Family Trust dated February 24, 1977, as amended, in any monies due or to become due under any policy of insurance, including but not limited to claims under any policy of insurance, including but not limited to claims under builder's risk, fire, employee dishonesty or workers' compensation insurance policies, including premium refunds and including the proceeds and products thereof. This order shall be personally served on all Defendants pursuant to California Code of Civil Procedure 486.080. A hearing on Plaintiff's application for right to attach order and order for issuance of writ of attachment shall be held on January 28, 2008 at 9:00 am or shortly thereafter. Plaintiffs shall be provided notice pursuant to California Code of Civil Procedure 484.040. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: January 7, 2009 _____________________________ JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE 7

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