Choice Hotels Inernational, Inc. v. Singh, et al.

Filing 17

ORDER TO APPEAR FOR EXAMINATION signed by Magistrate Judge Edmund F. Brennan on 5/15/2018 ORDERING that Judgment Debtor Exam for Shamsher Braich SET for 6/20/2018 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Hunt, G)

AT-138/EJ-125
STATE BAR NO.:

ATTORNEY OR PARTY WITHOUT ATTORNEY:

138169

FOR COURT USE ONLY

Timothy Carl Aires, Esq. (138169)
AIRES LAW FIRM
STREET ADDRESS: 6 Hughes,
Suite 205
c1rv: Irvine
STATE: CA
ZIPCODE: 92618
TELEPHONE NO.: 9 4 9 I 71 8 - 2 0 2 0
FAXNO.: 949/718-2021
NAME:

FIRMNAME:

E-MAIL ADDRESS:
ATTORNEYFOR(name):

Choice Hotels International, Inc., a Del

UNITED STATES Ol&TRICJ COURT, .EASTERN DISTRICT OF CALIFQRNIA

501 I STREET
5 0 1 I STREET
CITvANDZIPCODE: SACRAMENTO, CA 95814

..

STREETADDRESS:

llJ!A141NG ADDRESS:

BRANCH NAME:

EASTERN DISTRICT OF CALIFORNIA, ·SACRAMENTO DIVISION

PLAINTIFF Choice Hotels International, Inc., a Delaware
Corporation
DEFENDANT Man j it Singh and Shams her Braich

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
[][] ENFORCEMENTOFJUDGMENT
[}[] Judgment Debtor

CJ ATTACHMENT (Third Person)

D

CASE NUMBER:

2: 15-mc-00144-GEB-EFB

Third Person

ORDER TO APPEAR FOR EXAMINATION
1.
2.

TO (name): Shamsher Braich
YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a. [][] furnish information to aid in enforcement of a money judgment against you.
b. D
answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the
judgment debtor.
c. D
answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant
that is subject to attachment.

Date: 6/20/2018
Address of court
3.

rn

is shown above

Time: 9 : 3 0 a . m.
D is:

Rm.: ROOM 8,

Dept. or Div.:

4TH FLOOR

This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):

Date:

5/15/18
JUDGE

JUDGE BRENNAN
This order must be served not less than 10 days before the date set for the examination.

IMPORTANT NOTICES ON REVERSE
4.

APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
[][] Original judgment creditor
D Assignee of record D Plaintiff who has a right to attach order

applies for an order requiring (name): Shams her Braich
to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt.
5. The person to be examined is
a. [][] the judgment debtor.
b. D a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil
Procedure section 491.110 or 708.120 is attached.
6;:_The:-petscm::tcLbe::-examined ·resides~orhas·~apiace of businessjnJtiis county orwithin 150milesof the-place of examination;··
7.
This court is not the court in which the money judgment is enter;;d-or(attachmeni
court ttiat iss-ued1heWrit of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.
8. D The judgment debtor has been examined within the past 120 days. An affidavit showing good cau e for another examination
is attached.
I declare under penalty of perjury under the laws of the State of California that the oregoing is true and rJOH..-..........
Date: 5I14I2O18

D

oni0the

TIMOTHY CARL AIRES, ESQ.
(TYPE OR PRINT NAME)

(Continued on reverse)
Form Adopted for Mandatory Use
Judicial Council of California
AT-138/EJ-125 [Rev. January 1, 2017]

APPLICATION AND ORDER FOR
APPEARANCE AND EXAMINATION
(Attachment-Enforcement of Judgment)

Page 1of2
Code of Civil Procedure,
§§ 491.110, 708.110, 708.120, 708.170
www.courts.ca.gov

AT-138/EJ-125

Information for Judgment Creditor Regarding Service
If you want to be able to ask the court to enforce the order on the judgment debtor or any third party, you
must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered
process server, or the person appointed in item 3 of the order at least 10 calendar days before the date of
the hearing, and have a proof of service filed with the court.
IMPORTANT NOTICES ABOUT THE ORDER
--APPEARA-NGE-OFHJUOGMEN-1'-DEB-'WR-{ENf-ORCEMEN'T-OEHJUDGMEN~T),___

NOTICE-Te JUDGMENT BEBTOR---lf-you-fail-to appear-at-~the-time-and--piaee~-speerfied~in::tf.iis:.order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.

APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.
(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this
action claims that the person to be examined under this order has possession or control of property
that is yours or owes you a debt. This property or debt is as follows (describe the property or debt):

If you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and have a copy personally
served on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim.of exemption
or your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you
may be subject to arrest and punishment for contempt of court, and the court may make an order
requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.
APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following to appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.
Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign
language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk's
office for Request for Accommodation (form MC-410). (Civil Code,§ 54.8.)
AT-13B/EJ-125 [Rev. January 1, 2017)

APPLICATION AND ORDER FOR
ADDl=ARAN~F

AMn l=XAMINATION

Page 2 of 2