ACF 2006 Corp. v. Farrise et al

Filing 92

WRIT of Attachment issued as to Union Bank account with copy of order docket # 91 attached. (Original writ mailed to submitting party) (cpS, COURT STAFF) (Filed on 6/6/2018)

AT-135
FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY {Name, stale bar number, end address):

Jennifer C. Hayes, CA State Bar No, 197252
~ Finestone Hayes LLP, 456 Montgomery St., 20th Fl.
San Francisco, CA 94104

TELEPHONE NO,: ^ J5.516-0466
;-MAlL ADDRESS lOptlonal): jh^eS@fnlawl!p.CO FAX NO. (Opf/ona/;. 415-398-2820
ATTORNEY FOR fWame;.- ACF 2006 COFp.
Lfnited States District Court, Northern District of California
STREET ADDRESS: U.S. District Couft, Nortliem District of California
MAILING ADDRESS: 1301 Clay Street
CITY AND 2IPCOOE: Oakland, CA 94612
BRANCH NAME; U.S. Dlstrlct Coupt, Northcm District of California

PLAINTIFF: ACF 2006 Corp,
DEFENDANT: Farrise et al.
CASE NUMBER:

WRIT OF ATTACHMENT

4:18-cv-00029-YGR

rZI AFTER HEARING

•

EX PARTE

1. TO THE SHERIFF OR ANY MARSHAL OR CONSTABLE OF THE COUNTY OF: Los Angeles
2. TO ANY REGISTERED PROCESS SERVER: You are only authorized to serve this writIn accord with CCP 488.080.

3. This writ is to attach property ofdefendant (name and last known address): Simona A. Farrise, 2150 Ailston Way Suite
460, Berkeley, CA 94704; Kimberley
Farrise, 5520 Owensmouth Ave Apt 217

and the attachment isto secure: $ 1,627,883.12

Woodland Hills, CA 91367

4. Name and address of plaintiff: ACF 2006 Corp.

One Vantage Way, Suite C-200, Nashville, Tennessee
5. YOU ARE DIRECTED TO ATTACH the following property orso much thereof as is cleariy sufficient to satisfy the amount to be
secured by the attachment (describe properly and state its location; itemize by letter):

Union Bank account ending in "6694", which is titledas "Jeff Riebel, Errol J. Gordon, Attorney ClientTrust
Account for Kimberley Farrise and Simona A. Farrise,"
This information is on an attached sheet.

6, [

I An interest inthe real property described in item 5 stands upon the records of the county, inthe name ofthe following
person other than the defendant:
a. Name:

b. Mailing address, if known, as shown by the records oftheoffice ofthecounty tax assessor (specify):

7. I

I The real property on which the
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I cropsdescribed in item 5

are growing

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1 timber described in. item 5

to be cut is standing stands upon the records of the county in the name of

a. Name;

b. Address:
[SEAL

Date:

4/41

Clerk, by

. Deputy

Page 1 of 1

Form Approved lor Optional Use
Judicial Council of Caltlomla

AT-135(Rev, January 1, 2003]

WRIT OF ATTACHMENT

(Attachment)

Code of Civ, Proc,, § 488.010

Case 4:18-cv-00029-YGR Document 91

Filed 06/06/18 Page 1 of 5

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ACF2006 Corp.,

Case No. 18-cv-00029-YGR

Plaintiff,
Right to Attach Order and Order for
Issuance of Writ of Attachment

vs.

SiMONA A. FARRISE, ET AL.,

Re: Dkt. No. 70

Defendants.

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Attach Order and Order for Issuance of Writ of Attachment with respect to the Union Bank
Account ending in "6694," entitled "Jeff Riebel, Errol J. Gordon, Attorney Client Trust Account

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for Kimberley Farrise and Simona A. Farrise" (the "Union Bank Account") (Dkt. No. 70

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("Motion")), and oral arguments held on May 15, 2018, and good cause appearing therefor, it is

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hereby Ordered that:

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Having carefully considered plaintiff ACF 2006 Corp.'s ("ACF") Motion for Right to

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1.

ACF's motion is Granted.'

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2.

The Court finds defendants Simona A. Farrise and Kimberley Farrise (the "Farrise
defendants") are natural persons.

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3.

The claim upon which the application is based is one upon which an attachment may

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be issued. ACF has established the probable validity of the claim upon which

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attachment is based. The attachment is not sought for a purpose other than the

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' In connection with its motion, ACF filed an administrative motion to file underseal
portions of a screen shot photograph of a monthly statement for the Union Bank Account. (Dkt.
No. 76.) In response to an order by the Court directing further submission in support of the
motion to seal, ACF filed a corrected motion. (Dkt. No. 80.) The Court finds ACF's sealing
request is sufficiently justified under the applicable "good cause" standard. See Kamakana v. City
& Cty. ofHonolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006). Accordingly, the Court Grants the
motion to seal the designated portions of the document in question solely for purposes of resolving
the instant motion.

Case 4;18-cv-00029-YGR

Document 91

Filed 06/06/18

Page 2 of 5

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recovery on the claim upon which attachment is based. The amount to be secured by

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the attachment is greater than zero.

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4.

The Farrise defendants have failed to prove that the property described in ACF's

application is exempt from attachment.^

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5.

ACF has filed an undertaking in the amount of $10,000. (Dkt. No. 12.)

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6.

ACF has a right to attach property of the Farrise defendants in the amount of
$1,627,883.12.

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7.

Accordingly, the Clerk of the Court shall issue forthwith the Writ of Attachment

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to attachment under California Code of Civil Procedure section 487.010 described as

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attached hereto as Exhibit 1, for the property of the Farrise defendants that is subject

follows: Union Bank account ending in "6694," which is titled as "Jeff Riebel, Errol

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J. Gordon, Attorney Client Trust Account for Kimberley Farrise and Simona A.

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Farrise."

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Upon issuance of this Order and Writ of Attachment, ACF's attorneys shall provide

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forthwith written instructions to the levying officer to whom the Writ of Attachment

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is directed, which shall contain the information needed or requested by the levying

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officer to comply with the provisions of Title 6.5 (commencing with Section

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481.010) of Part 2 of the California Code of Civil Procedure. {See Cal. Civ. Proc.

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Code §§ 488.020, 488.030, 488.040.)

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9.

As stated on the record at the May 15, 2018 hearing, this Order is in no way meant to

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interfere with or usurp the Alameda County Superior Court's (the "State Court")

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ability to adjudicate any and all issues pertaining to the characterization and/or

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distribution of the Farrise defendants' community estate in the ongoing divorce

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proceedings before the State Court, in the case entitled In re Marriage of: Simona

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' Only defendant Kimberley Farrise has opposed ACF's motion. Defendant Simona A.
Farrise and ACF stipulated to entry of an order granting ACF's initial motion for right to attach
order and order for issuance of writ of attachment (Dkt. No. 16) as to the Union Bank Account

(Dkt. No. 65). This Court denied the stipulation without prejudice pending briefing by the parties
regarding ACF's ability to attach a trust account in the name of a person other than the Farrise
defendants. (Dkt. No. 69.)
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Case 4:18-cv-00029-YGR Document 91

Filed 06/06/18 Page 3 of 5

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Farrise v. Kimberley Farrise (Case No. AF14744271) (the "Divorce Proceedings").

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To that end, the limitation provided by California Code of Civil Procedure section

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488.455(c) shall not apply to orders of the State Court in the Divorce Proceedings.

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This Order terminates DocketNumbers 70, 76, and 80.^

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It Is So Ordered.

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Dated: June 6,2018
Yvonne Gonzalez Rogers

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United States District Court Judge

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^ The Court has reviewed the parties' Case Management Conference Statement. (Dkt. No.
90.) Given the update provided therein, no further Case Management Conference is required at
this juncture. The Court hereby Vacates the Case Management Conference currently set for
Monday, June 11, 2018.
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Case 4:18-cv-00029-YGR

Document 91

Filed 06/06/18

EXHIBIT 1

Page 4 of 5

Case 4;18-cv-00029-YGR

Document 91

Filed 06/06/18

Page 5 of 5

AT-135
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, stale bar number, and address):

FORCOURTUSE ONLY

Jennifer C. Hayes, CA State Bar No. 197252

- Finestone Hayes LLP, 456 Montgomery St., 20th Fl.
San Francisco, CA 94104
TELEPHONE NO. •415-616-0466

MAIL ADDRESS (Opltonal): jh^[e-mail] FAX NO. (Optional): 41 5-398-2820

ATTORNEY FOR (NafTieJ; ACF 2006 Corp.

United States District Court, Northern District of California
STREET ADDRESS: U.S. Dlstrlct Court, NortHem District of California
MAILING ADDRESS; 1301 Clay Street
CITY AND ZIP CODE: Oakland, CA 94612
BRANCH NAME: U.S. Dlstfict Court, NortHem District of California

PLAINTIFF; ACF 2006 Corp.
DEFENDANT: FarHse et al.
CASE NUMBER:

WRIT OF ATTACHMENT

4:18-cv-00029-YGR

LTI AFTER HEARING

•

EX PARTE

1. TO THE SHERIFF OR ANY MARSHAL OR CONSTABLE OF THE COUNTY OF: Los Angeles
2. TO ANY REGISTERED PROCESS SERVER: You are only authorized to serve this writin accord with OCR 488.080.

3. This writ is to attach property ofdefendant (name and last known address): Simona A. Farrise, 2150 Allston Way Suite
460, Berkeley, CA 94704; Kimberley
Farrise, 5520 Owensmouth Ave Apt 217

and the attachment isto secure: $ 1,627,883.12

Woodland Hills, CA 91367

4. Name and address of plaintiff: ACF 2006 Corp.

One Vantage Way, Suite C-200, Nashville, Tennessee
5. YOU ARE DIRECTED TO ATTACH the following property orso much thereof as is clearly sufficient to satisfy the amount to be
secured by the attachment (describe property and state its location; itemize by letter):

Union Bank account ending in **6694", which is titled as "Jeff Riebel, Errol J. Gordon, Attorney Client Trust
Account for Kimberley Farrise and Simona A. Farrise."

[22 This information ison an attached sheet,
0

I

I An interest in the real property described in item 5 stands upon therecords ofthecounty, in the name ofthefollowing
person other than the defendant:
a. Name:

b. Mailing address, if known, as shown by the records oftheoffice ofthecounty taxassessor ('spec/6'/'7. I

I The real property on which the

CZI crops described in item 5
I

I timber described in. item 5

aregrowing

to be cut isstanding stands upon the records ofthecounty in the name of

a. Name:
b. Address:
(SEAL)

Date:

niRrk hv

. Deoutv

Paes 1 of 1
Form Approved for Optlonel Use
Judicial Council of California

AT-135 (Rev. January 1, 2003]

WRIT OF ATTACHMENT

(Attachment)

Code of Civ, Proc., § 488.010