On February 08, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Board Of Managers Of The 610 Park Avenue Condominium,
and
16Ef Apartment, Llc,
John Doe No. 1 Through John Doe No. 15,
Mara Enterprises,
for Commercial - Other (Condo Lien Foreclosure)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 05/15/2023 07:08 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/15/2023
EXHIBIT A
INDEX NO. 151261/2023
(FILED: NEW YORK COUNTY CLERK 05/15/2023 07:08 PM
NYSCEF DOC. NO. 22 RECEIVED NYSCEF 05/15/2023
David C. Scheper (SBN: 120174)
IFORNIA
DScheper@winston.com SUPERIOR COURT OF CAL
Gregory A. Ellis (SBN: 204478)
GAEIlis@winston.com MAY 04 2023
WINSTON & STRAWN LLP
333 S. Grand Avenue DAVIDH. YAMASAKI, Clerk of the Gourt
Los Angeles, California 90071-1543
Telephone: (213) 615-1700 BY__M.NEVAREZ___DEPUTY
Facsumile: (213) 615-1750
Attorneys for Plaintiff
BANC OF CALIFORNIA, N.A.
SUPERIOR COURT OF rae STATE OF CALIFORNIA
10 COUNTY OF ORANGE
Ik
BANC OF CALIFORNIA, N.A., Case No. 30-2023-01306107-CU-BC-CJC
12 Assigned: Hon. David A. Hoffer
Plaintiff,
13 | ORDER GRANTING
14
v. PLAINTIFF BANC OF CALIFORNIA, N.A’S
MOTION FOR PRELIMINARY INJUNCTION |
PLANET HOME LENDING, LLC;
Is SPROUT MORTGAGE CORPORATION; [Filed concurrently with Notice of Motion for
SPROUT MORTGAGE, LLC; SPROUT Preliminary Injunction; Memorandum of Points
16 MORTGAGE ASSET TRUST; RECOVCO and Authorities; Declaration of Zoila Price;
MORTGAGE MANAGEMENT, LLC; and Declaration of Gregory A. Ellis; Proof of Service]
17 MICHAEL J. STRAUSS, an individual,
18 Defendants. Hearing Info:
19 Date: July 17, 2023
Time: 1:30 p.m.
20 Dept: C16
21 Reservation No. 73984723
22
23
24
25
26
27
28
1
DRKBOREN] ORDER GRANTING PLAINTIFE BANC OF CALIFORNIA, N.A.’S MOTION FOR PRELIMINARY INJUNCTION
INDEX NO. 151261/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/15/2023
Upon consideration of Plaintiff
Banc of California, N.A.’s (“Plaintiff’ or “Banc”) Motion for
Preliminary Injunction, the Declaration of Zoila Price, the exhibits thereto, and the files and records
in this case, and finding good cause therefor,
IT IS HEREBY ORDERED that the hearing for Plaintiffs Motion for Preliminary Injunction
is GRANTED:
Defendant Michael J. Strauss is ORDERED to refrain from participating in effecting a sale,
either in his individual capacity or as managing member of 16EF Apartment LLC, of the property
located at 610 Park Avenue, Unit 16EF, New York, NY 10065 (the “Park Avenue Property”), until the
Court rules on Banc’s motion for summary adjudication on its cause of action for breach of guaranty.
10 Tf a sale of the Park Avenue Property is already pending, Defendant Michael J. Strauss is
11 ORDERED to refrain from dissipating the proceeds of such sale, either in his individual capacity or
12 as managing member of 16EF Apartment LLC, until the Court rules on Banc’s motion for summary
13 adjudication on its cause of action for breach of guaranty.
14 The Court may extend the duration of this injunction if it grants Banc’s motion for summary
15 adjudication.
16
17 IT IS SO ORDERED.
18
19
DATED: Sf] 2
zy
Hf)4
HON. DAVID A. HOFFER |
t> ORANGE COUNTY SUPERIOR COURT
20 JUDGE
DAVID A. HOFFER
21
Prepared by:
22
WINSTON & STRAWN LLP
23
By: /s/ David C. Scheper
24 David C. Scheper
Attorneys for Plaintiff
25 BANC OF CALIFORNIA, N.A.
26
27
28
2
XBRNEOSER] ORDER GRANTING PLAINTIFF BANC OF CALIFORNIA, N.A.’S MOTION FOR PRELIMINARY INJUNCTION
Document Filed Date
June 02, 2023
Case Filing Date
February 08, 2023
Category
Commercial - Other (Condo Lien Foreclosure)
Status
Disposed-Court Date/Application Pending
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FILED: NEW YORK COUNTY CLERK 05/15/2023 07:08 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/15/2023 EXHIBIT A INDEX NO. 151261/2023 (FILED: NEW YORK COUNTY CLERK 05/15/2023 07:08 PM NYSCEF DOC. NO. 22 RECEIVED NYSCEF 05/15/2023 David C. Scheper (SBN: 120174) IFORNIA DScheper@winston.com SUPERIOR COURT OF CAL Gregory A. Ellis (SBN: 204478) GAEIlis@winston.com MAY 04 2023 WINSTON & STRAWN LLP 333 S. Grand Avenue DAVIDH. YAMASAKI, Clerk of the Gourt Los Angeles, California 90071-1543 Telephone: (213) 615-1700 BY__M.NEVAREZ___DEPUTY Facsumile: (213) 615-1750 Attorneys for Plaintiff BANC OF CALIFORNIA, N.A. SUPERIOR COURT OF rae STATE OF CALIFORNIA 10 COUNTY OF ORANGE Ik BANC OF CALIFORNIA, N.A., Case No. 30-2023-01306107-CU-BC-CJC 12 Assigned: Hon. David A. Hoffer Plaintiff, 13 | ORDER GRANTING 14 v. PLAINTIFF BANC OF CALIFORNIA, N.A’S MOTION FOR PRELIMINARY INJUNCTION | PLANET HOME LENDING, LLC; Is SPROUT MORTGAGE CORPORATION; [Filed concurrently with Notice of Motion for SPROUT MORTGAGE, LLC; SPROUT Preliminary Injunction; Memorandum of Points 16 MORTGAGE ASSET TRUST; RECOVCO and Authorities; Declaration of Zoila Price; MORTGAGE MANAGEMENT, LLC; and Declaration of Gregory A. Ellis; Proof of Service] 17 MICHAEL J. STRAUSS, an individual, 18 Defendants. Hearing Info: 19 Date: July 17, 2023 Time: 1:30 p.m. 20 Dept: C16 21 Reservation No. 73984723 22 23 24 25 26 27 28 1 DRKBOREN] ORDER GRANTING PLAINTIFE BANC OF CALIFORNIA, N.A.’S MOTION FOR PRELIMINARY INJUNCTION INDEX NO. 151261/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/15/2023 Upon consideration of Plaintiff Banc of California, N.A.’s (“Plaintiff’ or “Banc”) Motion for Preliminary Injunction, the Declaration of Zoila Price, the exhibits thereto, and the files and records in this case, and finding good cause therefor, IT IS HEREBY ORDERED that the hearing for Plaintiffs Motion for Preliminary Injunction is GRANTED: Defendant Michael J. Strauss is ORDERED to refrain from participating in effecting a sale, either in his individual capacity or as managing member of 16EF Apartment LLC, of the property located at 610 Park Avenue, Unit 16EF, New York, NY 10065 (the “Park Avenue Property”), until the Court rules on Banc’s motion for summary adjudication on its cause of action for breach of guaranty. 10 Tf a sale of the Park Avenue Property is already pending, Defendant Michael J. Strauss is 11 ORDERED to refrain from dissipating the proceeds of such sale, either in his individual capacity or 12 as managing member of 16EF Apartment LLC, until the Court rules on Banc’s motion for summary 13 adjudication on its cause of action for breach of guaranty. 14 The Court may extend the duration of this injunction if it grants Banc’s motion for summary 15 adjudication. 16 17 IT IS SO ORDERED. 18 19 DATED: Sf] 2 zy Hf)4 HON. DAVID A. HOFFER | t> ORANGE COUNTY SUPERIOR COURT 20 JUDGE DAVID A. HOFFER 21 Prepared by: 22 WINSTON & STRAWN LLP 23 By: /s/ David C. Scheper 24 David C. Scheper Attorneys for Plaintiff 25 BANC OF CALIFORNIA, N.A. 26 27 28 2 XBRNEOSER] ORDER GRANTING PLAINTIFF BANC OF CALIFORNIA, N.A.’S MOTION FOR PRELIMINARY INJUNCTION