On April 15, 2019 a
Order
was filed
involving a dispute between
Robert Peralta,
and
Newrez Llc,
Peak Foreclosure Services Inc,
Shellpoint Mortgage Llc,
Shellpoint Mortgage, Llc,,
The Bank Of New York Mellon,
The Bank Of New York Mellon Fka The Bank Of New York, Soley As Trustee,
for 26: Unlimited Other Real Property
in the District Court of Contra Costa County.
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So Oem ND HW BF BW NY
BRIAN C. ANDREWS, ESQ. (SB# 212969)
brian@briancandrews.com
D. WILSON JORDAN, ESQ. (SB# 279959)
wilson@briancandrews.com
ANDREWS LAW GROUP
6496 Weathers Place, Suite 200
San Diego, CA 92121
Phone: (858) 452-5600
Fax: (858) 452-5601
Attorneys for Plaintiff,
Robert Peralta
SUPERIOR COURT OF CALIFORNIA
COUNTY OF CONTRA COSTA, WAKEFIELD TAYLOR COURTHOUSE
ROBERT PERALTA, as TRUSTEE of the
BEATRIZ PERALTA REVOCABLE TRUST,
Plaintiff,
vs.
SHELLPOINT MORTGAGE, LLC, a
Delaware Limited Liability Company; THE
BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK, a New York
Corporation; PEAK FORECLOSURE
SERVICES, INC., a California Corporation
DOES 1 through 100,
Defendants.
Case No.: C19-00695
Assigned For All Purposes To:
Hon. Jill Fannin
Dept. 21
(PROBKEED) ORDER GRANTING
TEMPORARY RESTRAINING ORDER
-1-
[PROPOSED] ORDER GRANTING TEMPORARY RESTRAINING ORDERN
oe ND HW BF WN
10
@ ®
Having read and considered the Ex Parte Application for Temporary Restraining Order of
PLAINTIFF ROBERT PERALTA (“Plaintiff”) as against Defendants SHELLPOINT
MORTGAGE, LLC, a Delaware Limited Liability Company; THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW YORK, a New York Corporation; PEAK
FORECLOSURE SERVICES, INC., a California Corporation DOES 1 through 100, (collectively
“Defendants”), and having heard the arguments of Counsel at the above-referenced hearing,
IT IS HEREBY ORDERED THAT:
(1) Temporary Restraining Order is GRANTED; all Defendants are restrained from
conducting any foreclosure sale of the Subject Property located at 118 Crabapple Ct
Hercules, CA 94547 including but not limited to the trustee’s sale currently set to occur
on April 23, 2019;
(2) Temporary Restraining Order shall remain in force until the Court hears and considers
Plaintiff's anDpipaied Motion for Preliminary Injunction and any Opposition to same;
(3) Court sets a hearing for Plaintiff's Motion for Preliminary Injunction to be heard on
FIF_nois, at 4: bosom. in Department of the above-captioned
courthouse; Plaintiff's moving papers for Preliminary Iajanettn aree _4 / 221019;
any opposition by any Defendant is due Al | rors; any Reply by Plaintiff is due
AIG nov;
(4) Plaintiff shall promptly serve a copy of this Order on all Defendants.
Dated: Apri ZC. 2019 See CR
HON.
The Honorable Judge of the Superior Court
-2-
[PROPOSED] ORDER GRANTING TEMPORARY RESTRAINING ORDER
Document Filed Date
April 22, 2019
Case Filing Date
April 15, 2019
Category
26: Unlimited Other Real Property
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So Oem ND HW BF BW NY BRIAN C. ANDREWS, ESQ. (SB# 212969) brian@briancandrews.com D. WILSON JORDAN, ESQ. (SB# 279959) wilson@briancandrews.com ANDREWS LAW GROUP 6496 Weathers Place, Suite 200 San Diego, CA 92121 Phone: (858) 452-5600 Fax: (858) 452-5601 Attorneys for Plaintiff, Robert Peralta SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA, WAKEFIELD TAYLOR COURTHOUSE ROBERT PERALTA, as TRUSTEE of the BEATRIZ PERALTA REVOCABLE TRUST, Plaintiff, vs. SHELLPOINT MORTGAGE, LLC, a Delaware Limited Liability Company; THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, a New York Corporation; PEAK FORECLOSURE SERVICES, INC., a California Corporation DOES 1 through 100, Defendants. Case No.: C19-00695 Assigned For All Purposes To: Hon. Jill Fannin Dept. 21 (PROBKEED) ORDER GRANTING TEMPORARY RESTRAINING ORDER -1- [PROPOSED] ORDER GRANTING TEMPORARY RESTRAINING ORDERN oe ND HW BF WN 10 @ ® Having read and considered the Ex Parte Application for Temporary Restraining Order of PLAINTIFF ROBERT PERALTA (“Plaintiff”) as against Defendants SHELLPOINT MORTGAGE, LLC, a Delaware Limited Liability Company; THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, a New York Corporation; PEAK FORECLOSURE SERVICES, INC., a California Corporation DOES 1 through 100, (collectively “Defendants”), and having heard the arguments of Counsel at the above-referenced hearing, IT IS HEREBY ORDERED THAT: (1) Temporary Restraining Order is GRANTED; all Defendants are restrained from conducting any foreclosure sale of the Subject Property located at 118 Crabapple Ct Hercules, CA 94547 including but not limited to the trustee’s sale currently set to occur on April 23, 2019; (2) Temporary Restraining Order shall remain in force until the Court hears and considers Plaintiff's anDpipaied Motion for Preliminary Injunction and any Opposition to same; (3) Court sets a hearing for Plaintiff's Motion for Preliminary Injunction to be heard on FIF_nois, at 4: bosom. in Department of the above-captioned courthouse; Plaintiff's moving papers for Preliminary Iajanettn aree _4 / 221019; any opposition by any Defendant is due Al | rors; any Reply by Plaintiff is due AIG nov; (4) Plaintiff shall promptly serve a copy of this Order on all Defendants. Dated: Apri ZC. 2019 See CR HON. The Honorable Judge of the Superior Court -2- [PROPOSED] ORDER GRANTING TEMPORARY RESTRAINING ORDER