On March 20, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Castellanos Diaz, Martha,
Diaz, Jonathan O,
Diaz, Jonathan O.,
Diaz, Martha Castellanos,
National Credit Acceptance, Inc,
Sacor Financial Inc,
and
Heredia, Freddie,
Sacor Financial Inc,
for Real Property
in the District Court of San Bernardino County.
Preview
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1 ROBERT J SPITZ BAR NO 067643
LAW OFFICES OF ROBERT J SPITZ F E
2 204 North San Antonio Avenue SUFERIpR
C COUaT aF CAL4FORNtA
N 4 SA t BE 2NAROINO
N P Q
Ontario California 91762 r T
3 Telephone 909 395 0909
Facsimile 909 395 9535
4
Attorney for Intervenors
5 JONATHAN O DIAZ and MARTHA t
CASTELLANOS DIAZ
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF SAN BERNARDINO CENTRAL DISTRICT
9
NATIONAL CREDIT CASE NO CIVDS 1807067
10 ACCEPTANCE INC a
California Corporation EX PARTE APPLICATION FOR
11
Plaintiff 1 TEMPORARY RESTRAINING ORDER AND STAY
12 v
ON HEARING AND REQUEST FOR ORDER TO SELL
THE SUBJECT PROPERTY
13 FREDDIE HEREDIA et al
2 CONSOLIDATION OF CASE NO CIVDS 1807067
14 Defendant WITH CASE NO CIVDS 1932277
15
OR IN THE ALTERNATIVE TO SHORTEN TIME ON
NOTICE OF MOTION FOR THE ABOVE RELIEF
16
MEMORANDUM OF POINTS AND AUTHORITIES
17
DECLARATIONS OF ROBERT J SPITZ JONATHAN O
18 DIAZ MARTHA CASTELLANOS DIAZ
19
Hearing o o a
Date
2 0 Time 8 30 a m Action FILED 03 20 2018
Dept 5 17 r
21 RELATED ACTION
22 JONATHAN O DIAZ an CASE NO CIVDS 1932277
individual MARTHA
23 CASTELLANOS DIAZ an
individual Complaint FILED 10 28 2019
24
v
Plaintiffs j
25
FREDDIE HEREDIA an
2 6 individual and DOES 1
through 20 inclusive
27
Defendants
28
1
EX PARTE APPLICATION FOR STAY OF SALE AND CONSOLIDATION
TO THE COURT PLAINTIFF PLAINTIFF S ASSIGNEE OF RECORD AND THEIR
2
ATTORNEY S OF RECORD
3
PLEASE TAKE NOTICE that on 2020 at 8 30 a m or as soon thereafter
4
as the matter may be heard in Department 5 17 of the above entitled court located at 247 W Third
5
Street San Bernardino California Intervenors JONATHAN O DIAZ and MARTHA
6
CASTELLANOS DIAZ hereinafter Intervenors will and hereby do make this Ex parte
7
Application for Temporary Restraining Order and Stay of Plaintiff s Hearing and Request for Sale
8
of the real property located at 12470 Fern Avenue Chino CA 91710 hereinafter the SUBJECT
9
PROPERTY and For Consolidation hereinafter the Application The relief being requested
10
by this Application is
11
1 Stay of the hearing on Plaintiff s request for sale of the residential real property located
12
at 12470 Fern Avenue Chino CA 91710 hereinafter the SUBJECT PROPERTY that is
13
currently scheduled for February 28 2020
14
2 A signed Temporary Restraining Order that restrains the Plaintiff from continuing with
15
the illegal and unlawful request for sale of the SUBJECT PROPERTY currently set for hearing on
16
February 28 2020
17
3 Consolidation of the National Credit Acceptance Inc v Freddie Heredia Case No
18
CIVDS1807067 and the Civil Action of Jonathan Diaz and Martha Diaz v Freddie Heredia Case
19
No CIVDS 1932277 for all purposes including trial and for an order designating the Jonathan Diaz
20
and Martha Diaz v Freddie Heredia Case No CIVDS 1932277 as the lead case
21
The following individuals are parties to these actions
22
Counsel of Record
2 3 Party
Jonathan O Diaz In both actions represented by
24
Plaintiff in Case No CIVDS 1932277 Robert J Spitz
2 5 Law Offices of Robert J Spitz
Intervenor in Case No CIVDS 1807067
204 N San Antonio Avenue
2 6 Ontario CA 91762
Tel 909 395 0909
2 Fax 909 395 9535
28
2
EX PARTE APPLICATION FOR STAY OF SALE AND CONSOLIDATION
Document Filed Date
February 18, 2020
Case Filing Date
March 20, 2018
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1 r 1 ROBERT J SPITZ BAR NO 067643 LAW OFFICES OF ROBERT J SPITZ F E 2 204 North San Antonio Avenue SUFERIpR C COUaT aF CAL4FORNtA N 4 SA t BE 2NAROINO N P Q Ontario California 91762 r T 3 Telephone 909 395 0909 Facsimile 909 395 9535 4 Attorney for Intervenors 5 JONATHAN O DIAZ and MARTHA t CASTELLANOS DIAZ 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN BERNARDINO CENTRAL DISTRICT 9 NATIONAL CREDIT CASE NO CIVDS 1807067 10 ACCEPTANCE INC a California Corporation EX PARTE APPLICATION FOR 11 Plaintiff 1 TEMPORARY RESTRAINING ORDER AND STAY 12 v ON HEARING AND REQUEST FOR ORDER TO SELL THE SUBJECT PROPERTY 13 FREDDIE HEREDIA et al 2 CONSOLIDATION OF CASE NO CIVDS 1807067 14 Defendant WITH CASE NO CIVDS 1932277 15 OR IN THE ALTERNATIVE TO SHORTEN TIME ON NOTICE OF MOTION FOR THE ABOVE RELIEF 16 MEMORANDUM OF POINTS AND AUTHORITIES 17 DECLARATIONS OF ROBERT J SPITZ JONATHAN O 18 DIAZ MARTHA CASTELLANOS DIAZ 19 Hearing o o a Date 2 0 Time 8 30 a m Action FILED 03 20 2018 Dept 5 17 r 21 RELATED ACTION 22 JONATHAN O DIAZ an CASE NO CIVDS 1932277 individual MARTHA 23 CASTELLANOS DIAZ an individual Complaint FILED 10 28 2019 24 v Plaintiffs j 25 FREDDIE HEREDIA an 2 6 individual and DOES 1 through 20 inclusive 27 Defendants 28 1 EX PARTE APPLICATION FOR STAY OF SALE AND CONSOLIDATION TO THE COURT PLAINTIFF PLAINTIFF S ASSIGNEE OF RECORD AND THEIR 2 ATTORNEY S OF RECORD 3 PLEASE TAKE NOTICE that on 2020 at 8 30 a m or as soon thereafter 4 as the matter may be heard in Department 5 17 of the above entitled court located at 247 W Third 5 Street San Bernardino California Intervenors JONATHAN O DIAZ and MARTHA 6 CASTELLANOS DIAZ hereinafter Intervenors will and hereby do make this Ex parte 7 Application for Temporary Restraining Order and Stay of Plaintiff s Hearing and Request for Sale 8 of the real property located at 12470 Fern Avenue Chino CA 91710 hereinafter the SUBJECT 9 PROPERTY and For Consolidation hereinafter the Application The relief being requested 10 by this Application is 11 1 Stay of the hearing on Plaintiff s request for sale of the residential real property located 12 at 12470 Fern Avenue Chino CA 91710 hereinafter the SUBJECT PROPERTY that is 13 currently scheduled for February 28 2020 14 2 A signed Temporary Restraining Order that restrains the Plaintiff from continuing with 15 the illegal and unlawful request for sale of the SUBJECT PROPERTY currently set for hearing on 16 February 28 2020 17 3 Consolidation of the National Credit Acceptance Inc v Freddie Heredia Case No 18 CIVDS1807067 and the Civil Action of Jonathan Diaz and Martha Diaz v Freddie Heredia Case 19 No CIVDS 1932277 for all purposes including trial and for an order designating the Jonathan Diaz 20 and Martha Diaz v Freddie Heredia Case No CIVDS 1932277 as the lead case 21 The following individuals are parties to these actions 22 Counsel of Record 2 3 Party Jonathan O Diaz In both actions represented by 24 Plaintiff in Case No CIVDS 1932277 Robert J Spitz 2 5 Law Offices of Robert J Spitz Intervenor in Case No CIVDS 1807067 204 N San Antonio Avenue 2 6 Ontario CA 91762 Tel 909 395 0909 2 Fax 909 395 9535 28 2 EX PARTE APPLICATION FOR STAY OF SALE AND CONSOLIDATION