Order to Show Cause: DAVID MITCHELL, ET AL -V- MARGARET NOLAN ET AL Print

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                                ’DOCUSiga. Envelope ID: E451
                               E903-B24D-4753-832E-7F4E87E69C28




              Randal P. Hannah, Esq., SBN: 138778
              Am      E.Frazee,                       SBN: 341907
              LA        OFFICE OF RANDAL P. HANNAH
              489 N. Central Avenue
              Upland, CA 91786
              rhannah@rphannahlaw.com                                                               JUL 05 2022
              Telephone:                 608-1220
                                   €909;
              Facs1mile:            909 608-1222)608-1222                                BY         4:11,‘
                                                                                               ASHLEV DAWSON. DEPUTY
              Attorne§ for         Plaintiffs,
              NICOL CRUZ, ADMINISTRATOR OF
              THE ESTATE OF DAVID JOEV MITCHELL
              and THE LUCAS CORPORATION


                                       SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                                FOR THE COUNTY OF SAN BERNARDINO
             DAVID MITCHELL, an individual,                                                             UV 03‘0“ 5&5   9m
             THE LUCAS CORPORATION, a
             California corporation
                                                               and



                                                     Plaintiffs,
                                                                       )

                                                                       )
                                                                          )

                                                                          )
                                                                           )



                                                                               [W
                                                                               CASEN     .




                                                                                         ORDER ON EX PARTE
                                                                               APPLICATION TO ENJOIN
                                                                               ENFORCEIVIENT OF LIEN AND FOR
                                                                       )       ORDER TO SHOW CAUSE AND
                       vs.
                                                                               TEMPORARY RESTRAINING ORDER;
             MARGARET KATHERINE NOLAN, an                              3       MEMORANDUM OF POINTS AND
                                                                       )       AUTHORITIES; SUPPORTING
             individual; TIM REAL ESTATE                                       DECLARATION 0F NICOLE CRUZ
             INVESTMENTS PROFIT SHARE PLAN; ))
             TJM REAL ESTATE INVESTMENTS,                              )
             an., a California corporation; RED LEAF                           DATE:          June 30, 2022
                                                     )
             SERVICING, Inc., a co oration; RED                                TIME:          8:30 a.m.
             LEAF SERVICING, LL a limited liability))
                                                 ,                             DEPT:          $29
             companfi RED LEAF SERVICING, a           )
             partners 'p; RED LEAF SERVICING, a
                                                     )
             sole r0 netorshjp; SOURCE CAPITAL
                                                     )
             FUN% G, INC, a co oration, dba Red )
             Leaf Servicing; JEFF    Y ROTHCI-HLD, an)
             individual; and all ersons claiming by,
                                                     )
             through, or under   em, any legal or    )
             equitable, or right, title, estate, lien or
                                                                       )
             interest in thefroge       described in this              )
             complaint; an          D E     1   through 50,            )
             inclusive,
                                                                       )
              I




                                                                      )
                                                     Defendants.      )
                                                                      )

                                                                      )
             MARGARET KATIERINE NOLAN, and                            )
             TIM MILLIGAN as CO—TRUSTEE of the )
             TIM REAL ESTATE INVESTMENTS,      )
             INC. PROFIT SHARING PLAN AND
                                               )
             JERILYN MILLIGAN as CO-TRUSTEE of
             the TJM REAL ESTATE INVESTMENTS,
                                               3
             INC. PROFIT SHARING PLAN,         )




                                     [PROPOSED] ORDER TO   SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
bOCUSigf: Envelope                      ID:   E451 EQD3-BZ4D4753-B32E-7F4E87E69CZB




                                                                 Cross-Complainants,                )

                                                                                                    )
                                               vs.

                                                                                                    3
                                   DAVID J. MITCHELL, and individual,                       and     )
                                   THE LUCAS CORPORATION, a                                         )
                                   California co,        oration;   GENERAL                         )
                                  PROPERTIE INCORPORATED,                             a             )
                                  Nevada   corporation,          and   ROES      1   through
                  \OOOVQUIALDNH
                                                                                                    )
                                  20, inclusive,
                                                                                                    )

                                                                                                    )
                                                                CrosséDefendants.                   )

                                                                                                    )


                                              The above-captioned matter came on                  for hearing     of an   EX PARTE APPLICATION TO
                                  ENJOIN ENFORCEMENT OF LIEN AND FOR ORDER TO                                                 SHOW CAUSE AND
            r—
                                  TEMPORARY RESTRAINING ORDER on June 30, 2022, the Honorable Janet M. Frangie,
            r—I
                                  Judge presiding.           Plaintiffs,   NICOLE CRUZ,             Administrator of the Estate of David Mitchell, and
           r—A
                                  THE LUCAS CORPORATION,                         appeared by their attorneys of record, the                  Law Office     of Randal
           )—-
                                  P.   Hannah, by Randal          P.   Hannah and         Amy E.    Frazee.    NICOLE CRUZ,            Administrator of the
           r—
                                  Estate of David Mitchell also appeared                   by and through David Taub, appearing on behalf of the
           p—n

                                  Law Office           of William Nassar and specially appearing on behalf of the                       Law Office       of Jennifer
          p—A

                                  Daniel.

          H                                   Application having been           made by Plaintiffs, and          after   reviewing the       Ex Parte Application
          )—‘
                                  and supporting documents of Plaintiffs, and the opposition and supporting documents of

          >—-I

                                  Defendants,

      [\J
                                              IT IS   ORDERED that:
      N                                       1.       The hearing on      the Plaintiffs      Ex       Parte Application     is   continued to July 29, 2022;

      N                                       2.       The Court's ruling 0n Defendants' Evidentiary Objections                        is   deferred until the

      N                           continued hearing date on July 29, 2022;

      N                                       3.       The   parties are ordered t0 file supplemental briefs regarding the following issues:

      N                           standing 0f either or both Plaintiffs; estimated                      FMV of Wiseman Property; amount of income
                                  generated from         Wiseman Property and What amount could be                       generated, and         Who   0r What   is   _




      '
            V                     receiving said income; and Plaintiffs shall provide infbrmation regarding the timing and

                                  procedure for restoring          Plaintiff,   Lucas Corporation,            Inow       C1   9t   m wa     %                   8


                                                         [PROPOSED] ORDER TO     SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
                                                                                               2.