Order: STEPRO VS SPECIALIZED LOAN SERVICING, LLC ET AL

• 
• 
• 
• 

						
                                
Preview
                                Jason W. Estavillo (Bar No. 188093)
                       1
                              David L. Chaffin (Bar No. 258459)
                       2      ESTAVILLO LAW GROUP
                              555 12th Street, Suite 1280
                       3      Oakland, CA 94607
                              Telephone: (510) 982-3001
                       4
                              Facsimile: (510) 982-3002
                       5      Email: jason@estavillolaw.com
                                     david@estavillolaw.com
                       6
                       7
                              Attorneys for Plaintiff,
                       8      GREGORY A. STEPRO

                       9                            SUPERIOR COURT FOR THE STATE OF CALIFORNIA

                    10                                                       COUNTY OF KERN
                    11
                              GREGORY A. STEPRO,               )                   Case No.: BCV-24-101264
                    12                                         )
                    13                     Plaintiff,          )                   [PROPOSED] ORDER GRANTING EX
                                                               )                   PARTE APPLICATION FOR
                    14              vs.                        )                   TEMPORARY RESTRAINING ORDER
                                                               )                   TO CANCEL AND ENJOIN SALE OF
                    15        SPECIALIZED LOAN SERVICING, LLC; )                   SUBJECT REAL PROPERTY AND
                              GULF HARBOUR INVESTMENTS         )                   ORDER TO SHOW CAUSE RE:
                    16        CORPORATION; THE MORTGAGE LAW )                      PRELIMINARY INJUNCTION
                              FIRM, PLC; and DOES 1-20,        )
                    17
                                           Defendants.         )                   Filed Concurrently With:
                    18                                         )                       1. Ex Parte Application;
                                                               )                       2. Memorandum of Points & Authorities;
                    19                                         )                       3. Declaration of Gregory A. Stepro; and
                                                               )                       4. Declaration of Alejandra Cornejo
                    20                                         )                          Garcia
                                                               )
                    21                                         )                   Date: April 17, 2024
                    22                                         )                   Time: 8:30 AM
                                                               )                   Dept.: H
                    23                                         )
                                                               )
                    24
                                       GOOD CAUSE appearing in the operative Complaint, the supporting Declarations and the
                    25
                              Memorandum of Points and Authorities, and it is appearing that this is a proper case for issuance of an
                    26
                              order to show cause and a temporary restraining order; and that, unless a temporary restraining order
                    27
                              issues, the Plaintiff will suffer irreparable injury before the matter can be heard on notice;
                    28
ESTAVILLO LAW GROUP
555 12th Street, Suite 1280
    Oakland, CA 94607
Telephone: (510) 982-3001
Facsimile: (510) 982-3002
                              Stepro v. Specialized Loan Servicing, LLC, et al.                                           Proposed Order
                                                                                   1
                       1               IT IS HEREBY ORDERED THAT the Temporary Restraining Order cancelling and
                       2      enjoining the sale of the real property on April 17, 2024 is GRANTED.
                       3               IT IS FURTHER ORDERED THAT Defendant(s) appear on April 17, 2024 at                                  8:30
                       4      A.M.      in    Department        H    of     the   above-entitled     Court      located   at 1122 Jefferson St.,
                       5      Delano, CA 93215, to show cause why a preliminary injunction should not be issued enjoining
                       6      defendants from any further action concerning the sale of the property described in the Complaint
                       7      on file herein.
                       8               IT IS FURTHER ORDERED THAT pending the hearing on the order to show
                       9      cause, Defendants,          defendants’      agents,   officers,     employees,     partners,   successors,   and
                    10        representatives; all persons acting in concert or participating with them; and each of them are
                    11        hereby restrained and enjoined from any further action concerning the sale of the property described
                    12        in the Complaint on file in this action and is also identified as 456 East Hartley Ave., Ridgecrest CA
                    13        93555 (the “Property”).
                    14
                                       IT IS FURTHER ORDERED THAT a copy of this Temporary Restraining Order and Order
                    15
                              to Show cause, be served on the Defendant(s) no later than ____________________________
                    16
                              by fax/email service and no later than_______________________ by personal service.
                    17
                    18                 Any opposition papers to the Order to Show Cause shall be filed and served on the Plaintiff
                    19        by fax or email no later than___________________________.
                    20
                                       Any reply by the Plaintiff to the opposition papers shall be filed and served on the Defendant(s)
                    21
                              by fax or email no later than _________________________________.
                    22               The restraining order shall remain in effect until further order of the Court.

                    23
                    24        DATED: April _____, 2024

                    25
                    26                                                                      ______________________________________
                    27                                                                     Judge of the Superior Court

                    28
ESTAVILLO LAW GROUP
555 12th Street, Suite 1280
    Oakland, CA 94607
Telephone: (510) 982-3001
Facsimile: (510) 982-3002
                              Stepro v. Specialized Loan Servicing, LLC, et al.                                                  Proposed Order
                                                                                       2