Preview
1 CDLG, PC
Tony Cara, Esq., SBN 170720
2
2973 Harbor Boulevard, Suite 594
3 Costa Mesa, CA 92626-3912
Phone: (888) 615-6765
4 Fax: (888) 660-8874
5
Litigation.CDLG@gmail.com
Attorney for Plaintiff, Richard Nathanson
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
2973 Harbor Boulevard, Suite 594, Costa Mesa, CA 92626-3912, Phone: (888) 615-6765
COUNTY OF SANTA CRUZ
9
10
CDLG, PC, Tony Cara, Esq.,
RICHARD NATHANSON, _ Case No.: 24CV00224
11 _
Plaintiff, _ PLAINTIFF’S EX-PARTE NOTICE OF
12
MOTION AND MOTION FOR TEMPORARY
13 v. RESTRAINING ORDER AND ORDER TO
SHOW CAUSE FOR ISSUANCE OF A
14 LIL’ WAVE FINANCIAL, INC. D.B.A. PRELIMINARY INJUNCTION
SUPERIOR LOAN SERVICING; EQUITY
15 [Filed concurrently with Plaintiff’s Ex-Parte Notice for
TRUST COMPANY CUST FBO RON
Temporary Restraining Order to Show Cause for issuance of
16 MEYER ROTH IRA; and DOES 1-10, a Preliminary Injunction; Memorandum of Points and
inclusive, Authorities and Declaration of Tony Cara]
17
18
Defendant(s). Date: February 2, 2024
Time: 1:00 p.m.
19 Dept.: 10
20
21
22
23
24
25
26
To defendants Lil’ Wave Financial, Inc. d.b.a. Superior Loan Servicing and Equity Trust
27
Company Cust FBO Ron Meyer Roth IRA, (“DEFENDANTS”) and their respective attorneys of
28
records:
1
NATHANSON v. LIL’ WAVE FINANCIAL, INC., et al.- PLAINTIFF’S TRO EX PARTE NOTICE
1 PLEASE TAKE NOTICE that on February 2, 2024 at 1:00 p.m. in Department 10 of the
2 Superior Court of California, County of Santa Cruz, located at 701 Ocean St., Santa Cruz, CA 95060,
3 Plaintiff Richard Nathanson, (hereinafter “PLAINTIFF”) will apply for a temporary restraining order
4 (“TRO”) and an Order to Show Cause (“OSC”) why a preliminary injunction should not be granted
5 enjoining the foreclosure on the Subject Property, and enjoining all DEFENDANTS, their agents,
6 employees, representatives, attorneys, and all persons acting in concert or participating with them from
7 foreclosing upon the real property located at 150 Red Dog Ridge, Watsonville, California 95076,
8 (“Subject Property”). PLAINTIFF applies for a TRO on the basis that DEFENDANTS violated
9 Civ.Code §§2923.5, 2923.6(c), 2923.7, 2924.9 and 2924.10, and also Bus.& Prof.Code §17200, et seq.
10 in their process of foreclosing on the Subject Property.
11 PLAINTIFF applies for a TRO to enjoin all DEFENDANTS, their agents, employees,
12 representatives, attorneys, and all persons acting in concert or participating with them from foreclosing
13 on the Subject Property.
14 PLAINTIFF also requests that the Court issue an Order to Show Cause why a preliminary
15 injunction should not be granted enjoining and prohibiting DEFENDANTS, and each of them, from
16 foreclosing on the Subject Property during the pendency of this action.
17 This application is made on the grounds that it appears from the “Complaint” filed on or about
18 January 31, 2024. PLAINTIFF is entitled to the relief demanded, and such relief, or any part thereof,
19 consists in restraining the commission or continuance of the acts complained of, either for a limited
20 period or perpetually.
21 This application is made on the further grounds that it appears by the Complaint, Memorandum
22 of Points and Authorities and Declarations filed concurrently hereto, that the commission or
23 continuance of the acts complained of during the litigation would produce a great and irreparable injury
24 to the PLAINTIFF in this action and that the default and foreclosure actions taken by DEFENDANTS
25 and its/their agents, servants, employees and representatives have threatened to carry out a foreclosure
26 that is illegal, fraudulent and willfully oppressive.
27 This application is made on the further grounds that it appears, during the course of this
28 litigation that DEFENDANTS are doing, or threatening, or are procuring suffering to be done, acts in
2
NATHANSON v. LIL’ WAVE FINANCIAL, INC., et al.- PLAINTIFF’S TRO EX PARTE NOTICE
1 violation of the rights of the PLAINTIFF to the Subject Property and which would tend to render the
2 judgment ineffectual. Further, the underlying obligation giving rise to the purported note is vague and
3 ambiguous, and borderline fraudulent. It appears by the Affidavits and the Complaint that
4 DEFENDANTS failed to comply with and violated Civ.Code §§2923.5, 2923.6(c), 2923.7, 2924.9 and
5 2924.10, and also Bus. & Prof. Code §17200.
6 This application is made on the further grounds that pecuniary compensation would not afford
7 PLAINTIFF adequate relief as it relates to Real Property, a home, which by definition is unique, and it
8 would be extremely difficult to ascertain an amount of compensation which would afford adequate
9 relief, and where as in this case, the restraint is necessary to help prevent a multiplicity of judicial
10 proceedings, including, but not limited to, a separate action that has been filed for violations of
11 Civ.Code §§2923.5, 2923.6(c), 2923.7, 2924.9 and 2924.10, and also Bus. & Prof. Code §17200.
12 Lastly, PLAINTIFF, upon prevailing for an injunction, is entitled to attorney’s fees pursuant to
13 Civ.Code §2924.12(h).
14 This Application is based upon this Notice, the Complaint on file, the attached Memorandum
15 of Points and Authorities, the Declaration of Tony Cara, and any oral argument which may be heard at
16 the time of the hearing of this matter.
17 DATED: February 1, 2024 CDLG, PC
18
19
20 BY:
Tony Cara, Esq.
21 Attorney for Plaintiff, Richard Nathanson
22
23
24
25
26
27
28
3
NATHANSON v. LIL’ WAVE FINANCIAL, INC., et al.- PLAINTIFF’S TRO EX PARTE NOTICE
Preview
1 CDLG, PC Tony Cara, Esq., SBN 170720 2 2973 Harbor Boulevard, Suite 594 3 Costa Mesa, CA 92626-3912 Phone: (888) 615-6765 4 Fax: (888) 660-8874 5 Litigation.CDLG@gmail.com Attorney for Plaintiff, Richard Nathanson 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 2973 Harbor Boulevard, Suite 594, Costa Mesa, CA 92626-3912, Phone: (888) 615-6765 COUNTY OF SANTA CRUZ 9 10 CDLG, PC, Tony Cara, Esq., RICHARD NATHANSON, _ Case No.: 24CV00224 11 _ Plaintiff, _ PLAINTIFF’S EX-PARTE NOTICE OF 12 MOTION AND MOTION FOR TEMPORARY 13 v. RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR ISSUANCE OF A 14 LIL’ WAVE FINANCIAL, INC. D.B.A. PRELIMINARY INJUNCTION SUPERIOR LOAN SERVICING; EQUITY 15 [Filed concurrently with Plaintiff’s Ex-Parte Notice for TRUST COMPANY CUST FBO RON Temporary Restraining Order to Show Cause for issuance of 16 MEYER ROTH IRA; and DOES 1-10, a Preliminary Injunction; Memorandum of Points and inclusive, Authorities and Declaration of Tony Cara] 17 18 Defendant(s). Date: February 2, 2024 Time: 1:00 p.m. 19 Dept.: 10 20 21 22 23 24 25 26 To defendants Lil’ Wave Financial, Inc. d.b.a. Superior Loan Servicing and Equity Trust 27 Company Cust FBO Ron Meyer Roth IRA, (“DEFENDANTS”) and their respective attorneys of 28 records: 1 NATHANSON v. LIL’ WAVE FINANCIAL, INC., et al.- PLAINTIFF’S TRO EX PARTE NOTICE 1 PLEASE TAKE NOTICE that on February 2, 2024 at 1:00 p.m. in Department 10 of the 2 Superior Court of California, County of Santa Cruz, located at 701 Ocean St., Santa Cruz, CA 95060, 3 Plaintiff Richard Nathanson, (hereinafter “PLAINTIFF”) will apply for a temporary restraining order 4 (“TRO”) and an Order to Show Cause (“OSC”) why a preliminary injunction should not be granted 5 enjoining the foreclosure on the Subject Property, and enjoining all DEFENDANTS, their agents, 6 employees, representatives, attorneys, and all persons acting in concert or participating with them from 7 foreclosing upon the real property located at 150 Red Dog Ridge, Watsonville, California 95076, 8 (“Subject Property”). PLAINTIFF applies for a TRO on the basis that DEFENDANTS violated 9 Civ.Code §§2923.5, 2923.6(c), 2923.7, 2924.9 and 2924.10, and also Bus.& Prof.Code §17200, et seq. 10 in their process of foreclosing on the Subject Property. 11 PLAINTIFF applies for a TRO to enjoin all DEFENDANTS, their agents, employees, 12 representatives, attorneys, and all persons acting in concert or participating with them from foreclosing 13 on the Subject Property. 14 PLAINTIFF also requests that the Court issue an Order to Show Cause why a preliminary 15 injunction should not be granted enjoining and prohibiting DEFENDANTS, and each of them, from 16 foreclosing on the Subject Property during the pendency of this action. 17 This application is made on the grounds that it appears from the “Complaint” filed on or about 18 January 31, 2024. PLAINTIFF is entitled to the relief demanded, and such relief, or any part thereof, 19 consists in restraining the commission or continuance of the acts complained of, either for a limited 20 period or perpetually. 21 This application is made on the further grounds that it appears by the Complaint, Memorandum 22 of Points and Authorities and Declarations filed concurrently hereto, that the commission or 23 continuance of the acts complained of during the litigation would produce a great and irreparable injury 24 to the PLAINTIFF in this action and that the default and foreclosure actions taken by DEFENDANTS 25 and its/their agents, servants, employees and representatives have threatened to carry out a foreclosure 26 that is illegal, fraudulent and willfully oppressive. 27 This application is made on the further grounds that it appears, during the course of this 28 litigation that DEFENDANTS are doing, or threatening, or are procuring suffering to be done, acts in 2 NATHANSON v. LIL’ WAVE FINANCIAL, INC., et al.- PLAINTIFF’S TRO EX PARTE NOTICE 1 violation of the rights of the PLAINTIFF to the Subject Property and which would tend to render the 2 judgment ineffectual. Further, the underlying obligation giving rise to the purported note is vague and 3 ambiguous, and borderline fraudulent. It appears by the Affidavits and the Complaint that 4 DEFENDANTS failed to comply with and violated Civ.Code §§2923.5, 2923.6(c), 2923.7, 2924.9 and 5 2924.10, and also Bus. & Prof. Code §17200. 6 This application is made on the further grounds that pecuniary compensation would not afford 7 PLAINTIFF adequate relief as it relates to Real Property, a home, which by definition is unique, and it 8 would be extremely difficult to ascertain an amount of compensation which would afford adequate 9 relief, and where as in this case, the restraint is necessary to help prevent a multiplicity of judicial 10 proceedings, including, but not limited to, a separate action that has been filed for violations of 11 Civ.Code §§2923.5, 2923.6(c), 2923.7, 2924.9 and 2924.10, and also Bus. & Prof. Code §17200. 12 Lastly, PLAINTIFF, upon prevailing for an injunction, is entitled to attorney’s fees pursuant to 13 Civ.Code §2924.12(h). 14 This Application is based upon this Notice, the Complaint on file, the attached Memorandum 15 of Points and Authorities, the Declaration of Tony Cara, and any oral argument which may be heard at 16 the time of the hearing of this matter. 17 DATED: February 1, 2024 CDLG, PC 18 19 20 BY: Tony Cara, Esq. 21 Attorney for Plaintiff, Richard Nathanson 22 23 24 25 26 27 28 3 NATHANSON v. LIL’ WAVE FINANCIAL, INC., et al.- PLAINTIFF’S TRO EX PARTE NOTICE