Valley of California, Inc. v. Cotter

Filing 45

ORDER instructing the Clerk to issue a writ of attachment. Signed by Judge Joseph C. Spero on May 5, 2017. (jcslc2S, COURT STAFF) (Filed on 5/5/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VALLEY OF CALIFORNIA, INC.,

Case No. 16-cv-06720-JCS

Plaintiff,
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v.

ORDER INSTRUCTING CLERK TO
ISSUE WRIT OF ATTACHMENT

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MARCUS P ROGERS,
Defendant.

United States District Court
Northern District of California

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For the reasons discussed in the Court’s previous order (dkt. 44), the Court finds that

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Plaintiff Valley of California has a right under California law and the Federal Rules of Civil

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Procedure to attach property in California owned by the late James F. Cotter at the time of his

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death in the amount of $234,512. The Clerk is shall issue a writ of attachment for the following

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categories of such property, excluding any property that is in the custody of any state probate

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court:

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(1) Real property, including leasehold interests therein, except leasehold estates with
unexpired terms of less than one year;

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(2) Equipment of a going business;

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(3) Chattel paper;

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(4) Instruments;

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(5) Negotiable documents of title;

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(6) Securities;

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(7) Money located on Cotter’s business premises;

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(8) Money located other than on Cotter’s business premises, including but not limited to,

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deposit accounts in excess of $1,000; except for the aggregate sum of $1,000 in (i) any deposit

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accounts and (ii) any money located other than on a premises where a trade, business, or

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profession was conducted by Cotter;

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(9) Safe-deposit boxes;

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(10) Deposit accounts and safe-deposit boxes not exclusively in the name of Cotter;

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(11) Accounts receivable and general intangibles;

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(12) Property subject of pending action or special proceeding;

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(13) Final money judgments;

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(14) Inventory;

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(15) Interest in property in the estate of a decedent, whether the interest arises by testate or

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United States District Court
Northern District of California

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intestate succession.
IT IS SO ORDERED.
Dated: May 5, 2017
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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