Paskenta Band of Nomlaki Indians et al v. Crosby et al

Filing 542

ORDER signed by Senior Judge Morrison C. England, Jr on 9/27/21 GRANTING 504 Motion for right to attach order and prejudgment writ of attachment. Plaintiff has a right to attach property of defendant John Crosby in the amount of: $ 2,705,643.08. (Kaminski, H)

FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

AT-120

STUART G. GROSS (#251019)
GROSS & KLEIN LLP
The Embarcadero, Pier 9, Suite 100, San Francisco, CA 94111
Telephone no: [phone] FAX NO. (Optional): [phone]
E-MAIL ADDRESS (Optional): [e-mail]
ATTORNEY FOR:

Plaintiffs

STREET ADDRESS:

United States District Court

501 I Street

MAILING ADDRESS:

Sacramento, California, 95814
Eastern District of California

city and zip code:
branch name:

PLAINTIFF: Paskenta Band of Nomlaki Indians, et al.
DEFENDANT:

Ines Crosby, et al.
CASE NUMBER:

 RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF

ATTACHMENT AFTER HEARING
 ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT AFTER
HEARING

15-cv-00538-MCE-DMC

1. a. The application of plaintiff (name): Paskenta Band of Nomlaki Indians and Paskenta Enterprises Corp.
for  a right to attach order and order for issuance of writ of attachment
 an order for issuance of additional writ of attachment
against the property of defendant (name):
came on for hearing as follows:
(1) Judge (name) Judge Morrison C. England
(2) Hearing date. February 11, 2021
Time:2:00pm
 Dept.:  Div.:
 Rm: 7
No opposition was submitted, and the Court, having determined that oral argument would not be of material assistance, submitted the
matter on the briefs in accordance with the provisions of E.D. Local Rule 230(g).
2. THE COURT FINDS

FINDINGS

a. Defendant (specify name):John Crosby
is a
 natural person  partnership
 unincorporated association  corporation  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.
 Defendant failed to prove that all the property described in plaintiff's application is exempt from attachment.
g.
 The following property of defendant, described in plaintiffs application
(1)  is exempt from attachment (specify):

(2)  is not exempt from attachment (specify) the real property at 735 Royal Oaks Dr,
Redding, CA 96001, Assessor’s Parcel Number 103-680-010-00

h.  The following property, not described in plaintiff's application, claimed by defendant to be exempt,
(1)  is exempt from attachment (specify):
(2)  is not exempt from attachment (specify):
i.
j.

 An undertaking in the amount of: $10,000
 has  has not filed an undertaking in that amount.

is required before

a writ shall issue, and plaintiff

A Right to Attach Order was issued on (date):
pursuant to
 Code of Civil Procedure section 484.090 (on hearing)  Code of Civil Procedure section 485.220 (ex parte)
k.  other (specify):

RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER

AH20[Rev July 12010]

FOR ISSUANCE OF WRIT OF ATTACHMENT (Attachment)

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Code of Civil Proc., §§ 482.030, 484.090;
Welfare & Institutions Code, § 15657.01
www. courtinfo. ca.gov

AT-120

SHORT TITLE:

CASE NUMBER:

— Paskenta Band of Nomlaki Indians, et al. v. Crosby, et al.

15-cv-00538-MCE-DMC

ORDER
3. THE COURT ORDERS
a. Plaintiff has a right to attach property of defendant (name): John Crosby
in the amount of: $ 2,705,643.08
b.  The property described in items 2g(1) and 2h(1) of the findings is exempt and shall not be attached.
c. The clerk shall issue  a writ of attachment  an additional writ of attachment in the amount stated in item 3a
 forthwith  upon the filing of an undertaking in the amount of: $
(1)  for any property of a defendant who is not a natural person for which a method of levy is provided.
(2)  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):

The property at 735 Royal Oaks Dr, Redding, CA 96001, with the Assessor’s Parcel Number
103-680-010-00

(3)  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)  for plaintiffs pro rata share of proceeds from an escrow in which defendant's liquor license is sold. The license
number is (specify):
d.  Defendant shall transfer to the levying officer possession of
(1)  any documentary evidence in defendant's possession of title to any property described in item 3c;
(2)  any documentary evidence in defendant's possession of debt owed to defendant described in item 3c;
(3)  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.  Other (specify):
f. Total number of boxes checked in item 3: ______

IT IS SO ORDERED.
DATED:

September 27, 2021

AT-120 [Rev. July 1,2010]

RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR
ISSUANCE OF WRIT OF ATTACHMENT (Attachment)

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