On June 03, 2020 a
Motion-Secondary
was filed
involving a dispute between
Arata, Laura,
Peninsula Open Space Trust,
and
Arata, Laura,
Arata, Louis J.,
Arata, Marie Joanne,
Does 1-20,
John And Grace Arata 2004 Trust,
Mcnabb, Ernest J.,
Redwood Trust Deed Services, Inc., A California Corporation,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
1 TAMARA S. GALANTER (SBN 142532)
SARA A. CLARK (SBN 273600)
2 AARON M. STANTON (SBN 312530)
SHUTE, MIHALY & WEINBERGER LLP
3 396 Hayes Street 7/27/2020
San Francisco, California 94102
4 Telephone: (415) 552-7272
Facsimile: (415) 552-5816
5 Galanter@smwlaw.com
Clark@smwlaw.com
6 Stanton@smwlaw.com
7 Attorneys for Plaintiff
Peninsula Open Space Trust
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN MATEO
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PENINSULA OPEN SPACE TRUST, Case No. 20-CIV-02349
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Plaintiff, [PROPOSED] ORDER RE
13 PRELIMINARY INJUNCTION
v.
14 Date: August 20, 2020
REDWOOD TRUST DEED SERVICES, Time: 2:00 p.m.
15 INC., a California Corporation; Dept.: 28, Courtroom 2F
ERNEST J. MCNABB, individually and Judge: Hon. George A. Miram
16 as Trustee of the Ernest J. McNabb
Revocable Living Trust Dated Filed Concurrently with Notice of
17 11/19/1990; LOUIS J ARATA, Motion & Motion for Preliminary
individually; LAURA ARATA, Injunction; Memorandum of Points &
18 individually, and as sole successor Authorities in Support; Declaration of
trustee of the John and Grace Arata Noelle Thurlow
19 2004 Trust Executed August 11, 2004;
MARIE JOANNE ARATA, individually,
20 and as the Representative of the Estate
of Gary J. Arata, Deceased; and DOES
21 1-20.
22 Defendants.
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[PROPOSED] Order re Preliminary Injunction
Case No. 20-CIV-02349
1 On _______________, in this Court, Plaintiff Peninsula Open Space Trust’s (“POST”)
2 Motion for Preliminary Injunction came on regularly for hearing. All parties appeared
3 through their counsel of record. Having fully considered Plaintiff’s Motion for Preliminary
4 Injunction and all papers filed in opposition, as well as the entire file in this case and
5 counsel’s oral argument, and good cause appearing:
6 IT IS HEREBY ORDERED that Plaintiff’s Motion for Preliminary Injunction is
7 GRANTED.
8 IT IS FURTHER ORDERD THAT:
9 1. Until a final judgment has been entered in this action, Defendants Redwood
10 Trust Deed Services, Inc. (“Redwood”), Ernest J. McNabb, and Laura Arata (collectively,
11 “Defendants”), their agents, servants, employees, officers, representatives, successors, and
12 assigns, and any other person acting with them or on their behalf are enjoined from taking
13 any action to conduct a trustee sale or otherwise transfer, convey, or sell the property
14 described in the notice of trustee’s sale recorded on or about June 4, 2020 by Redwood,
15 separate from the remainder of property encumbered by the conservation easement
16 (recorded in 2004 as San Mateo County Document Number 2004-220330) (“Conservation
17 Property”);
18 2. Until a final judgment has been entered in this action, Defendants, their
19 agents, servants, employees, officers, representatives, successors, and assigns, and any
20 other person acting with them or on their behalf are enjoined from seeking judicial
21 foreclosure under the 2014 Deed of Trust (San Mateo County Document Number 2014-
22 121406) or the 2017 Deed of Trust (San Mateo County Document Number 2017-03008).
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[PROPOSED] Order re Preliminary Injunction
Case No. 20-CIV-02349
1 3. Until a final judgment has been entered in this action, Defendants, their
2 agents, servants, employees, officers, representatives, successors, and assigns, and any
3 other person acting with them or on their behalf are enjoined from obtaining any further
4 loans secured by any interest in the Conservation Property, unless Defendants can
5 demonstrate an ability to make payments required by such loans.
6 IT IS SO ORDERED.
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8 DATED: August ___, 2020
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By:
11 Judge of the Superior Court
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1123292.5
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[PROPOSED] Order re Preliminary Injunction
Case No. 20-CIV-02349
Preview
1 TAMARA S. GALANTER (SBN 142532) SARA A. CLARK (SBN 273600) 2 AARON M. STANTON (SBN 312530) SHUTE, MIHALY & WEINBERGER LLP 3 396 Hayes Street 7/27/2020 San Francisco, California 94102 4 Telephone: (415) 552-7272 Facsimile: (415) 552-5816 5 Galanter@smwlaw.com Clark@smwlaw.com 6 Stanton@smwlaw.com 7 Attorneys for Plaintiff Peninsula Open Space Trust 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 11 PENINSULA OPEN SPACE TRUST, Case No. 20-CIV-02349 12 Plaintiff, [PROPOSED] ORDER RE 13 PRELIMINARY INJUNCTION v. 14 Date: August 20, 2020 REDWOOD TRUST DEED SERVICES, Time: 2:00 p.m. 15 INC., a California Corporation; Dept.: 28, Courtroom 2F ERNEST J. MCNABB, individually and Judge: Hon. George A. Miram 16 as Trustee of the Ernest J. McNabb Revocable Living Trust Dated Filed Concurrently with Notice of 17 11/19/1990; LOUIS J ARATA, Motion & Motion for Preliminary individually; LAURA ARATA, Injunction; Memorandum of Points & 18 individually, and as sole successor Authorities in Support; Declaration of trustee of the John and Grace Arata Noelle Thurlow 19 2004 Trust Executed August 11, 2004; MARIE JOANNE ARATA, individually, 20 and as the Representative of the Estate of Gary J. Arata, Deceased; and DOES 21 1-20. 22 Defendants. 23 24 25 26 27 28 [PROPOSED] Order re Preliminary Injunction Case No. 20-CIV-02349 1 On _______________, in this Court, Plaintiff Peninsula Open Space Trust’s (“POST”) 2 Motion for Preliminary Injunction came on regularly for hearing. All parties appeared 3 through their counsel of record. Having fully considered Plaintiff’s Motion for Preliminary 4 Injunction and all papers filed in opposition, as well as the entire file in this case and 5 counsel’s oral argument, and good cause appearing: 6 IT IS HEREBY ORDERED that Plaintiff’s Motion for Preliminary Injunction is 7 GRANTED. 8 IT IS FURTHER ORDERD THAT: 9 1. Until a final judgment has been entered in this action, Defendants Redwood 10 Trust Deed Services, Inc. (“Redwood”), Ernest J. McNabb, and Laura Arata (collectively, 11 “Defendants”), their agents, servants, employees, officers, representatives, successors, and 12 assigns, and any other person acting with them or on their behalf are enjoined from taking 13 any action to conduct a trustee sale or otherwise transfer, convey, or sell the property 14 described in the notice of trustee’s sale recorded on or about June 4, 2020 by Redwood, 15 separate from the remainder of property encumbered by the conservation easement 16 (recorded in 2004 as San Mateo County Document Number 2004-220330) (“Conservation 17 Property”); 18 2. Until a final judgment has been entered in this action, Defendants, their 19 agents, servants, employees, officers, representatives, successors, and assigns, and any 20 other person acting with them or on their behalf are enjoined from seeking judicial 21 foreclosure under the 2014 Deed of Trust (San Mateo County Document Number 2014- 22 121406) or the 2017 Deed of Trust (San Mateo County Document Number 2017-03008). 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 [PROPOSED] Order re Preliminary Injunction Case No. 20-CIV-02349 1 3. Until a final judgment has been entered in this action, Defendants, their 2 agents, servants, employees, officers, representatives, successors, and assigns, and any 3 other person acting with them or on their behalf are enjoined from obtaining any further 4 loans secured by any interest in the Conservation Property, unless Defendants can 5 demonstrate an ability to make payments required by such loans. 6 IT IS SO ORDERED. 7 8 DATED: August ___, 2020 9 10 By: 11 Judge of the Superior Court 12 1123292.5 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] Order re Preliminary Injunction Case No. 20-CIV-02349