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OMOEA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Dec-16-2010 1:29 pm
Case Number: CGC-08-472530
Filing Date: Dec-16-2010 12:52
Juke Box: 001 Image: 03064916
ION AND ORDER VACATING TEMPORARY RESTRAINING ORDE!
NANCY CALLAHAN VS. ROD GOYA et al
001003064916
Instructions: ,
Please place this sheet on top of the document to be scanned.L. Jay Pedersen - 127791
Joshua N, Rosen - 201090
BLEDSOE, CATHCART, DIESTEL, PEDERSEN & TREPP AE L E Bp
nly
601 California Street, 16th Floor
San Francisco, CA 94108
Telephone: (415) 981-5411 DEC 1 § 201
Facsimile: (415) 981-0352
Attorneys for Defendants
ROD GOYA and CARMEL MISSION
PARTNERSHIP; AKA HEATHER GLEN
COURT; ELIZABETH ANN GOYA; AND
BRADLEY GOYA
SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO- UNLIMITED CIVIL JURISDICTION
NANCY CALLAHAN, No, CGC-08-472530
Plaintiff, STIPULATION AND ORDER
VACATING TEMPORARY
v8. RESTRAINING ORDER AND/OR
INJUNCTION
ROD GOYA; CARMEL MISSION
PARTNERSHIP; AKA HEATHER GLEN
COURT, and DOES 1 through 25,
Tnclusive,
Complaint Filed: July 31, 2007
Trial Date: February 8, 2010
Defendants.
Me SS ee
The parties through their attorneys of record hereby stipulate to an Order Vacating
Temporary Restraining Order and/or Injunction as follows:
1, WHEREAS, in or around July 2007, plaintiff Nancy Callahan obtained a temporary
restraining order preventing the use ofa storage unit (known as Storage Unit No. 3) at
Heather Glen Court, located on Mission Street between 7" and 8" Streets in Carmel,
California, and asserted that preservation of evidence within the storage unit was essential
to her case,
2, WHEREAS, on September 3, 2010, Nancy Callahan and Richard Callahan filed their
1
STIPULATION AND ORDER VACATING TEMPORARY RESTRAINING ORDER AND/OR INJUNCTION
3
/s YVIZT3Ovoluntary petition in the United States Bankruptcy Court of the Northern District of
California (the “Bankruptcy Court”) under Chapter 7 of the Bankruptcy Code, and that
case is currently pending in the Bankruptcy Court as Case No. 10-59259.
| WHERBAS, defendants filed a Motion to Modify the Automatic Stay in the Bankruptcy
Court on November 8, 2010, which was heard by Bankruptey Judge Arthur S. Weisbrodt
on November 30, 2010,
_ WHEREAS, Judge Weissbrodt entered an order on or about November 30, 2010, ordering
that the automatic stay in the bankruptcy cuse afforded by 11 US.C., Section 362(a) is
modified so as to permit the Goya Defendants to obtain an Order for Relief in San
Francisco Superior Court Civil Case No, CGC-08-472530 from any temporary restraining
order or injunction related to Storage Unit No, 3 at Heather Glen Court, in Carmel,
California; .
. WHEREAS, the parties stipulate and agree thet the any temporary restraining order or
injunction obtained by Nancy Callahan related to Storage Unit No. 3 at Heather Glen
Court, in Carmel, California shall be vacated and dissolved,
SO STIPULATED.
By Plaintiff,
Dated: (2-2
By Defendants.
Dated: (2-1 - 19
LAW OFFICES OF KATHLEEN P. CLACK
of pha? [gel
Kathleen P, Clack
Attorneys for Plaintiff
NANCY CALLAHAN
BLEDSOE, CATHCART, DYESTEL,
PEDERSEN & TREPPA LLP
Bradley Goya
2
STIPULATION'AND ORDER VACATING TEMPORARY RESTRAINING ORDER AND/OR INJUNCTION
$7230
2g4SO ORDERED.
“O x
patea B//Y/10 KD
“Kay Tsenin
Judge of the San Francisco Superior Court
3
STIPULATION AND ORDER VACATING TEMPORARY RESTRAINING ORDBR AND/OR INJUNCTION 3 a 3
YILSIOoN NW
Case Number: GCG-08-472530
CERTIFICATE OF MAILING
(CCP 1013a (4))
I, Kevin Lee, a Deputy Clerk of the Superior Court of the County of San Francisco, certify
that I am not a party to the within action.
On December 16, 2010, I served the attached Stipulation and Order Vacating Temporary
Restraining Order and/or Injunction by placing a copy thereof in a sealed envelope, addressed as
follows:
Kathleen Clack L. Jay Pederson, Esquire
5200 North Palm #308 601 California Street — 16th Floor
Fresno, California 93704 San Francisco, Calif. 94108
(559) 241-7229 (415) 981-5411
clackklaw@sbcglobal.net , jpedersen@bledsoelaw.com
Mark Schallert Joshua Rosen, Esquire
1233 West Shaw Avenue, Suite #106 601 California Street — 16th Floor
Fresno, California 93711 San Francisco, Calif. 94108
(559) 227-2600 (415) 981-5411
schallert@ddmslaw.com jrosen@bledsoelaw.com
Case Number 472530 — Callahan Versus Goya
This Document was printed on 12/16/2010 at 1:16:50 PM
Page | of 2and, I then placed the sealed envelopes in the outgoing mail at 400 McAllister Street, San Francisco,
CA. 94102 on the date indicated above for collection, attachment of required prepaid postage, and
mailing on that date following standard court practices.
Dated:
CLERK OF COURT
By:
Kevjn Pee, Deputy Clerk
Case Number 472530 — Callahan Versus Goya
This Document was printed on 12/16/2010 at 1:16:50 PM
Page 2 of 2
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OMOEA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Dec-16-2010 1:29 pm Case Number: CGC-08-472530 Filing Date: Dec-16-2010 12:52 Juke Box: 001 Image: 03064916 ION AND ORDER VACATING TEMPORARY RESTRAINING ORDE! NANCY CALLAHAN VS. ROD GOYA et al 001003064916 Instructions: , Please place this sheet on top of the document to be scanned.L. Jay Pedersen - 127791 Joshua N, Rosen - 201090 BLEDSOE, CATHCART, DIESTEL, PEDERSEN & TREPP AE L E Bp nly 601 California Street, 16th Floor San Francisco, CA 94108 Telephone: (415) 981-5411 DEC 1 § 201 Facsimile: (415) 981-0352 Attorneys for Defendants ROD GOYA and CARMEL MISSION PARTNERSHIP; AKA HEATHER GLEN COURT; ELIZABETH ANN GOYA; AND BRADLEY GOYA SUPERIOR COURT - STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO- UNLIMITED CIVIL JURISDICTION NANCY CALLAHAN, No, CGC-08-472530 Plaintiff, STIPULATION AND ORDER VACATING TEMPORARY v8. RESTRAINING ORDER AND/OR INJUNCTION ROD GOYA; CARMEL MISSION PARTNERSHIP; AKA HEATHER GLEN COURT, and DOES 1 through 25, Tnclusive, Complaint Filed: July 31, 2007 Trial Date: February 8, 2010 Defendants. Me SS ee The parties through their attorneys of record hereby stipulate to an Order Vacating Temporary Restraining Order and/or Injunction as follows: 1, WHEREAS, in or around July 2007, plaintiff Nancy Callahan obtained a temporary restraining order preventing the use ofa storage unit (known as Storage Unit No. 3) at Heather Glen Court, located on Mission Street between 7" and 8" Streets in Carmel, California, and asserted that preservation of evidence within the storage unit was essential to her case, 2, WHEREAS, on September 3, 2010, Nancy Callahan and Richard Callahan filed their 1 STIPULATION AND ORDER VACATING TEMPORARY RESTRAINING ORDER AND/OR INJUNCTION 3 /s YVIZT3Ovoluntary petition in the United States Bankruptcy Court of the Northern District of California (the “Bankruptcy Court”) under Chapter 7 of the Bankruptcy Code, and that case is currently pending in the Bankruptcy Court as Case No. 10-59259. | WHERBAS, defendants filed a Motion to Modify the Automatic Stay in the Bankruptcy Court on November 8, 2010, which was heard by Bankruptey Judge Arthur S. Weisbrodt on November 30, 2010, _ WHEREAS, Judge Weissbrodt entered an order on or about November 30, 2010, ordering that the automatic stay in the bankruptcy cuse afforded by 11 US.C., Section 362(a) is modified so as to permit the Goya Defendants to obtain an Order for Relief in San Francisco Superior Court Civil Case No, CGC-08-472530 from any temporary restraining order or injunction related to Storage Unit No, 3 at Heather Glen Court, in Carmel, California; . . WHEREAS, the parties stipulate and agree thet the any temporary restraining order or injunction obtained by Nancy Callahan related to Storage Unit No. 3 at Heather Glen Court, in Carmel, California shall be vacated and dissolved, SO STIPULATED. By Plaintiff, Dated: (2-2 By Defendants. Dated: (2-1 - 19 LAW OFFICES OF KATHLEEN P. CLACK of pha? [gel Kathleen P, Clack Attorneys for Plaintiff NANCY CALLAHAN BLEDSOE, CATHCART, DYESTEL, PEDERSEN & TREPPA LLP Bradley Goya 2 STIPULATION'AND ORDER VACATING TEMPORARY RESTRAINING ORDER AND/OR INJUNCTION $7230 2g4SO ORDERED. “O x patea B//Y/10 KD “Kay Tsenin Judge of the San Francisco Superior Court 3 STIPULATION AND ORDER VACATING TEMPORARY RESTRAINING ORDBR AND/OR INJUNCTION 3 a 3 YILSIOoN NW Case Number: GCG-08-472530 CERTIFICATE OF MAILING (CCP 1013a (4)) I, Kevin Lee, a Deputy Clerk of the Superior Court of the County of San Francisco, certify that I am not a party to the within action. On December 16, 2010, I served the attached Stipulation and Order Vacating Temporary Restraining Order and/or Injunction by placing a copy thereof in a sealed envelope, addressed as follows: Kathleen Clack L. Jay Pederson, Esquire 5200 North Palm #308 601 California Street — 16th Floor Fresno, California 93704 San Francisco, Calif. 94108 (559) 241-7229 (415) 981-5411 clackklaw@sbcglobal.net , jpedersen@bledsoelaw.com Mark Schallert Joshua Rosen, Esquire 1233 West Shaw Avenue, Suite #106 601 California Street — 16th Floor Fresno, California 93711 San Francisco, Calif. 94108 (559) 227-2600 (415) 981-5411 schallert@ddmslaw.com jrosen@bledsoelaw.com Case Number 472530 — Callahan Versus Goya This Document was printed on 12/16/2010 at 1:16:50 PM Page | of 2and, I then placed the sealed envelopes in the outgoing mail at 400 McAllister Street, San Francisco, CA. 94102 on the date indicated above for collection, attachment of required prepaid postage, and mailing on that date following standard court practices. Dated: CLERK OF COURT By: Kevjn Pee, Deputy Clerk Case Number 472530 — Callahan Versus Goya This Document was printed on 12/16/2010 at 1:16:50 PM Page 2 of 2