Form AT-105 "Application for Right to Attach Order, Temporary Protective Order, Etc." - California

What Is Form AT-105?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2010;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;

Download a fillable version of Form AT-105 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form AT-105 "Application for Right to Attach Order, Temporary Protective Order, Etc." - California

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AT-105
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
TELEPHONE NO.:
FAX NO. (Optional):
end of the form when finished.
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
APPLICATION FOR
CASE NUMBER:
TEMPORARY PROTECTIVE ORDER
RIGHT TO ATTACH ORDER
ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
After Hearing
Ex Parte
Against Property of Nonresident
1. Plaintiff (name):
applies
after hearing
ex parte
for
a right to attach order and writ of attachment.
a.
b.
an additional writ of attachment.
a temporary protective order.
c.
d.
an order directing the defendant to transfer to the levying officer possession of
(1)
property in defendant's possession.
(2)
documentary evidence in defendant's possession of title to property.
(3)
documentary evidence in defendant's possession of debt owed to defendant.
2. Defendant (name):
a.
is a natural person who
(1)
resides in California.
does not reside in California.
(2)
is a corporation
b.
(1)
qualified to do business in California.
not qualified to do business in California.
(2)
is a California partnership or other unincorporated association.
c.
d.
is a foreign partnership that
(1)
has filed a designation under Corporations Code section 15800.
(2)
has not filed a designation under Corporations Code section 15800.
e.
is other (specify):
3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one):
Code of Civil Procedure section 483.010
Welfare and Institutions Code section 15657.01.
4. Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based.
5. Plaintiff has no information or belief that the claim is discharged or the prosecution of the action is stayed in a proceeding under
title 11 of the United States Code (Bankruptcy).
Page 1 of 3
Code of Civil Procedure, §§ 482.030, 484.010 et seq.;
Form Approved for Optional Use
APPLICATION FOR RIGHT TO ATTACH ORDER,
Judicial Council of California
Welfare. & Institutions. Code, § 15657.01
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
AT-105 [Rev. July 1, 2010]
www.courtinfo.ca.gov
AT-105
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
TELEPHONE NO.:
FAX NO. (Optional):
end of the form when finished.
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
APPLICATION FOR
CASE NUMBER:
TEMPORARY PROTECTIVE ORDER
RIGHT TO ATTACH ORDER
ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
After Hearing
Ex Parte
Against Property of Nonresident
1. Plaintiff (name):
applies
after hearing
ex parte
for
a right to attach order and writ of attachment.
a.
b.
an additional writ of attachment.
a temporary protective order.
c.
d.
an order directing the defendant to transfer to the levying officer possession of
(1)
property in defendant's possession.
(2)
documentary evidence in defendant's possession of title to property.
(3)
documentary evidence in defendant's possession of debt owed to defendant.
2. Defendant (name):
a.
is a natural person who
(1)
resides in California.
does not reside in California.
(2)
is a corporation
b.
(1)
qualified to do business in California.
not qualified to do business in California.
(2)
is a California partnership or other unincorporated association.
c.
d.
is a foreign partnership that
(1)
has filed a designation under Corporations Code section 15800.
(2)
has not filed a designation under Corporations Code section 15800.
e.
is other (specify):
3. Attachment is sought to secure recovery on a claim upon which attachment may issue under (check one):
Code of Civil Procedure section 483.010
Welfare and Institutions Code section 15657.01.
4. Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based.
5. Plaintiff has no information or belief that the claim is discharged or the prosecution of the action is stayed in a proceeding under
title 11 of the United States Code (Bankruptcy).
Page 1 of 3
Code of Civil Procedure, §§ 482.030, 484.010 et seq.;
Form Approved for Optional Use
APPLICATION FOR RIGHT TO ATTACH ORDER,
Judicial Council of California
Welfare. & Institutions. Code, § 15657.01
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
AT-105 [Rev. July 1, 2010]
www.courtinfo.ca.gov
AT-105
SHORT TITLE
CASE NUMBER:
a.
Plaintiff's claim or claims arise out of conduct by the defendant who is a natural person of a trade, business, or profession. The
6.
claim or claims are not based on the sale or lease of property, a license to use property, the furnishing of services, or the loan
of money where any of the foregoing was used by the defendant primarily for personal, family, or household purposes.
b.
Plaintiff's claim or claims arise out of conduct of a natural person who or an entity that has taken, secreted, appropriated,
obtained or retained, or assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder
or dependent adult for a wrongful use, with intent to defraud, or by using undue influence.
7. The facts showing plaintiff is entitled to a judgment on the claim up on which the attachment is based are set forth with particularity
in the
a.
verified complaint.
attached affidavit or declaration.
b.
c.
following facts (specify):
8. The amount to be secured by the attachment is: $
a.
which includes estimated costs of: $
b.
which includes estimated allowable attorney fees of: $
9. Plaintiff is informed and believes that the following property sought to be attached for which a method of levy is provided is subject
to attachment:
Any property of a defendant who is not a natural person.
a.
Any property of a nonresident defendant.
b.
c.
Property of a defendant who is a natural person that is subject to attachment under Code of Civil Procedure section
487.010 (specify):
d.
Property covered by a bulk sales notice with respect to a bulk transfer by defendant on the proceeds of the sale of such
property (describe):
e.
Plaintiff's pro rata share of proceeds from an escrow in which defendant's liquor license is sold (specify license number):
10. Plaintiff is informed and believes that the property sought to be attached is not exempt from attachment.
11.
The court issued a Right to Attach Order on (date):
(Attach a copy.)
12.
Nonresident defendant has not filed a general appearance.
AT-105 [Rev. July 1, 2010]
APPLICATION FOR RIGHT TO ATTACH ORDER,
Page 2 of 3
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
AT-105
SHORT TITLE:
CASE NUMBER:
13. a.
Plaintiff
alleges on ex parte application for order for writ of attachment
is informed and believes on application for temporary protective order
that plaintiff will suffer great or irreparable injury if the order is not issued before the matter can be heard on notice because
(1)
it may be inferred that there is a danger that the property sought to be attached will be
(a)
concealed.
(b)
substantially impaired in value.
(c)
made unavailable to levy by other than concealment or impairment in value.
(2)
defendant has failed to pay the debt underlying the requested attachment and is insolvent as defined in Code of Civil
Procedure section 485.010(b)(2).
(3)
a bulk sales notice was recorded and published pursuant to division 6 of the Commercial Code with respect to a bulk
transfer by the defendant.
(4)
an escrow has been opened under the provisions of Business and Professions Code section 24074 with respect to
the sale by the defendant.
(5)
other circumstances (specify):
b. The statements in item 13a are established by
the attached affidavit or declaration
the following facts (specify):
14.
Plaintiff requests the following relief by temporary protective order (specify):
15.
Plaintiff
a.
has filed an undertaking in the amount of: $
b.
has not filed an undertaking.
Date:
(TYPE OR PRINT NAME OF PLAINTIFF OR PLAINTIFF's ATTORNEY)
(SIGNATURE OF PLAINTIFF OR PLAINTIFF'S ATTORNEY)
DECLARATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
16. Number of pages attached:
AT-105 [Rev. July 1, 2010]
Page 3 of 3
APPLICATION FOR RIGHT TO ATTACH ORDER,
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
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