2013-00151871-CU-BC

Greenback Associates vs. Etty Blackman

Nature of Proceeding: Writ of Attachment (Etty Blackman)

Filed By: Silk, Melvyn A.

Plaintiff Greenback Associates Application for a Right to Attach Order and an Order for
Issuance of Writ of Attachment against Etty Blackman is unopposed and is GRANTED.

Plaintiff’s verified complaint for breach of contract and common counts alleges that
Plaintiff (Landlord) and Defendants (Tenant) extended their written Lease Agreement
for commercial real property located at 8121 Greenback Lane, Fair Oaks, Sacramento
County California for a two (2) year term through October 31, 2011, with scheduled
rent, as more particularly set forth in Amendment To Lease Renewal, Amendment #4
(Exhibit A to Complaint) and thereafter Defendants remained in possession of the
subject property as a hold over tenants. Plaintiff alleges that delinquent rent as of
June 31, 2013 in the amount of $62.276.81 is due and owing.

An attachment may be issued only in an action on a claim for money, based upon a
contract, express or implied, where the total amount of the claim or claims is a fixed or
readily ascertainable amount not less than $ 500, exclusive of costs, interest, and
attorney’s fees, which arises out of the conduct by the defendant of a trade, business,
or profession. C.C.P. section 483.010.

Moving party plaintiff has established each of these elements. Defendants leased the
subject commercial property pursuant to a written lease agreement, which was
operated as Sam’s Kosher Style Restaurant. After the term or the Lease expired
defendants remained in possession of the leased property as holdover tenants.
Plaintiff alleges that delinquent rent as of June 31 , 2013 in the amount of $62.276.81
is due and owing.

Property of the defendant, a natural person, subject to attachment includes interests in
real property except leasehold estates with unexpired terms of less than one year.
C.C.P., sec. 487.010(c)(1)

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Here, plaintiff seeks to attach the real property commonly known as 2170 26 Avenue,
San Francisco, California.

Prior to issuance of a writ of attachment, the moving party shall provide proof of
undertaking in the amount of ten thousand dollars ($10,000). C.C.P. section 489.220.

The Court will sign the formal order submitted, subject to proof of undertaking.