1 Any Party or Attorney

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, ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF EX PARTE APPLICATION FOR
13 vs. ) RIGHT TO ATTACH ORDER AND ISSUANCE OF
) WRIT OF ATTACHMENT
14 Any Defendant, and DOES 1-5, )
)
15 Defendants. )
)
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)
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)
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19 Plaintiff____________________________________ herein submits their memorandum of

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points and authorities in support of their ex parte application for a right to attach order and issuance
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of a writ of attachment against Defendant __________________, in the amount of $__________.
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POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR RIGHT TO ATTACH ORDER
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
INTRODUCTION
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Plaintiff , ________________, (Plaintiff) applies for an ex parte Right to Attach Order and
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ex parte Order for Issuance of Writ of Attachment against the property of Defendant,

7 ________________, (Defendant) in the amount of $___________ based on the following facts as

8 shown by the declarations of __________ and _____ and exhibits attached thereto, concurrently filed
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and served herewith and incorporated herein by reference.
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On or about ___________, Plaintiff received a check in the amount of ______ (Check)
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from the ______ client trust account as his share of a settlement of a civil case for __________.
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13 Plaintiff is developmentally disabled and has a learning disability and does not have a bank

14 account. See the declaration of ___________ and exhibit 2 attached thereto and incorporated
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herein by reference.
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On or about ___________, Defendant who at that time was the girlfriend of Plaintiff, verbally
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promised Plaintiff that if he would deposit the Check into her bank account that she would then
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19 withdraw the funds from her bank account and give the funds back to him.

20 Plaintiff endorsed the Check to Defendant and she then deposited the Check into her bank
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account.
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After Defendant deposited the Check into her bank account she terminated her relationship
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with Plaintiff and has refused, and continues to fail and refuse, to give the funds to Plaintiff.
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25 On _________, counsel for Plaintiff, sent a letter to Defendant ________ demanding that she

26 give the funds to Plaintiff no later than _________. A true and correct copy of said letter is attached
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to the declaration of __________ as Exhibit 2 and incorporated herein by reference.
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POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR RIGHT TO ATTACH ORDER
 1 Defendant _________ failed to respond to the letter sent to her by _______ and has failed and
2 refused, and continues to fail and refuse to give the funds to Plaintiff as she had verbally promised
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him.
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Plaintiff requests an ex parte right to attach order and issuance of an ex parte writ of
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attachment on the grounds that great or irreparable injury would result to the Plaintiff if issuance of

7 the order were delayed until the matter could be heard on notice as under the circumstances of this

8 case it may be inferred that there is a danger that the property sought to be attached would be
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concealed, substantially impaired in value, or otherwise made unavailable to levy if issuance of the
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order were delayed until the matter could be heard on notice as specified in Code of Civil Procedure
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485.010.
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13 Be sure to modify these paragraphs to suit your individual

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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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18 To purchase the entire 19 page document visit:

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https://legaldocspro.myshopify.com/products/sample-points-
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and-authorities-in-support-of-ex-parte-application-for-a-right-
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to-attach-order
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POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR RIGHT TO ATTACH ORDER