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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VALLEY OF CALIFORNIA, INC., Case No. 16-cv-06720-JCS Plaintiff, 8 v. ORDER INSTRUCTING CLERK TO ISSUE WRIT OF ATTACHMENT 9 10 MARCUS P ROGERS, Defendant. United States District Court Northern District of California 11 12 For the reasons discussed in the Court’s previous order (dkt. 44), the Court finds that 13 Plaintiff Valley of California has a right under California law and the Federal Rules of Civil 14 Procedure to attach property in California owned by the late James F. Cotter at the time of his 15 death in the amount of $234,512. The Clerk is shall issue a writ of attachment for the following 16 categories of such property, excluding any property that is in the custody of any state probate 17 court: 18 19 (1) Real property, including leasehold interests therein, except leasehold estates with unexpired terms of less than one year; 20 (2) Equipment of a going business; 21 (3) Chattel paper; 22 (4) Instruments; 23 (5) Negotiable documents of title; 24 (6) Securities; 25 (7) Money located on Cotter’s business premises; 26 (8) Money located other than on Cotter’s business premises, including but not limited to, 27 deposit accounts in excess of $1,000; except for the aggregate sum of $1,000 in (i) any deposit 28 accounts and (ii) any money located other than on a premises where a trade, business, or 1 profession was conducted by Cotter; 2 (9) Safe-deposit boxes; 3 (10) Deposit accounts and safe-deposit boxes not exclusively in the name of Cotter; 4 (11) Accounts receivable and general intangibles; 5 (12) Property subject of pending action or special proceeding; 6 (13) Final money judgments; 7 (14) Inventory; 8 (15) Interest in property in the estate of a decedent, whether the interest arises by testate or 9 10 United States District Court Northern District of California 11 12 13 intestate succession. IT IS SO ORDERED. Dated: May 5, 2017 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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