1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO APPLICATION FOR RIGHT TO
) ATTACH ORDER; MEMORANDUM OF POINTS
13 vs. ) AND AUTHORITIES; DECLARATION OF
) ________________; EXHIBITS
14 Any Defendant, and DOES 1-5 )
) Date:
15 Defendants. ) Time:
) Dept:
16 )
)
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)
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19 Defendant, _____________________________________ , hereby submits their opposition to

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the application for right to attach order filed by Plaintiff, ________________________.
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The opposition is based on the fact that Plaintiff is not entitled to a right to attach order
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because they have not established the probable validity of their claim as stated in Code of Civil
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24 Procedure 481.190.

25 Further, the declaration of _____________ fails to meet the particularity requirements stated
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in Code of Civil Procedure 484.020. And Plaintiff has not made reasonable attempts to mitigate
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their damages in that as of _____________, they had _____________________________________
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OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH ORDER
 1 The opposition will be based on this notice of opposition and opposition, the attached
2 memorandum of points and authorities; the declaration of _________________ and Exhibits attached
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thereto; the records and files of this action, and such further and other argument and evidence as may
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be presented at the hearing on this motion.
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7 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH ORDER
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case arises out of from an alleged breach of lease for the subject property located at
5

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_______________________________ (Subject Property) between Defendant, _______________

7 (Defendant) and Plaintiff, _________________________________ (Plaintiff).

8 Plaintiff is seeking a right to attach order but curiously enough they cannot seem to make up
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their mind on the amount, on page __, line __ of their points and authorities the amount is stated as
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$________________, yet on page __, line ___it stated as $________________, then on page ___,
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line it is stated as $_________. See the points and authorities filed by Plaintiff.
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13 Defendant contends Plaintiff is not entitled to a right to attach order because they have not

14 established the probable validity of their claim as stated in Code of Civil Procedure 481.190 in that
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the second amendment to the lease attached as Exhibit 1" to the declaration of ______________ and
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dated ____________ is not valid due to the fact that paragraph ___ of the second amendment states in
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part that, Two (2) authorized officers must sign on behalf of Tenant... Only one (1) authorized
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19 officer of Defendant signed the second amendment to the lease, therefore by its own terms as drafted

20 by Plaintiff, the second amendment is not valid, and the tenancy reverted to month to month as of
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__________ Therefore, Plaintiff is not entitled to the damages that they are seeking based on the
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alleged unexpired lease term.
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Further, the declaration of ________ (______ Decl.) fails to meet the particularity
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25 requirements stated in Code of Civil Procedure 484.020 in that it contains only conclusory and

26 generalized allegations that Plaintiff has made reasonable efforts to market and lease the subject
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property to a replacement tenant.
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OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH ORDER
 1 To purchase the entire 11 page document visit:
2

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https://legaldocspro.myshopify.com/products/sample-opposition-to-
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application-for-right-to-attach-order-in-california
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OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH ORDER