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4wall Las Vegas, Inc v. Mark Triebwasser

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 14, 2013

4WALL LAS VEGAS, INC., PLAINTIFF,
v.
MARK TRIEBWASSER, ET AL., DEFENDANTS/

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On February 14, 2013, plaintiff 4Wall Las Vegas, Inc.'s application for a writ of possession came before the undersigned for hearing. (Dkt. No. 12, 28.)*fn1 Hank Burgoyne appeared on behalf of plaintiff and Nicholas Yonano appeared on behalf of defendants Mark Triebwasser and Stage 1, Inc. For the reasons stated on the record at the hearing, IT IS HEREBY ORDERED that:

1. Within seven (7) days of the date of this order, plaintiff shall file an appropriate declaration attaching a complete version of Exhibit C [the "Out Contract"] to the Declaration of Michael Cannon filed along with plaintiff's reply brief in support of the application for writ of possession (Dkt. No. 16 at 26-29), including the terms and conditions on the reverse side referenced in plaintiff's briefing.

2. Within seven (7) days of the date of this order, plaintiff shall also file a supported assessment of the amount of the undertaking the court should impose on defendants pursuant to Cal. Civ. Proc. Code §§ 515.010(b), 515.020(b), in the event that the court grants plaintiff's application for a writ of possession and determines that defendants have no interest in the property.

3. Defendants shall file any response to these filings within seven (7) days of service with the above-mentioned filings.

4. Defendants shall not destroy, dissipate, convey, or otherwise relocate the property at issue, except for the purposes of short-term rentals or leases to third parties in the ordinary course of defendants' business.

IT IS SO ORDERED.


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