Preview
EFS-020
JATTORNEY OR PARTY WITHOUT ATTORNEY. STATE BAR NO: 251119 FOR COURT USE ONLY
ame: Mariel Gerlt-Ferraro
FIRM NAME: Parker Ibrahim & Berg LLP.
STREET ADDRESS: 695 Town Center Drive
icity: Costa Mesa STATE: CA ZIP CODE: 92626
HELEPHONE NO. (714) 361-9550 FAX NO. (714) 784-4190,
E-MAIL ADDRESS: mariel.gerit-ferraro@piblaw.com
ATTORNEY FOR (name): Plaintiff Deutsche Bank National Trust Co., etc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS: 191 N. Frist Street
city AND zip cove: San Jose, CA 95113
BRANCH NAME: Downtown Superior Court - Old Courthouse CASE NUMBER:
PLAINTIFF/PETITIONER: Deutsche Bank National Trust Co., etc. 17CV312433
DEFENDANT/RESPONDENT: Raymond M. Gray, Sr., et al. ‘JUDICIAL OFFICER
OTHER:
Hon. Theodore Zayner
DEPT:
PROPOSED ORDER (COVER SHEET) 6
NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent
electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed
order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed
order in PDF format are filed
1 Name of the party submitting the proposed order:
Plaintiff Deutsche Bank National Trust Co. as Trustee for Wamu Mortgage Pass-Through Certificates Series 2006-AR1 Trust
Title of the proposed order:
Order Appointing Receiver After Hearing and Preliminary Injunction - rents, Issues, and Profits
The proceeding to which the proposed order relates is:
a. Description of proceeding: Motion for Appointment of Receiver
b. Date and time: November 1, 2018 at 9:00 a.m.
c, Place: Santa Clara Superior Court - Downtown Superior Court - Old Courthouse
191 N. First Street
San Jose, CA 95113
Department 6
The proposed order was served on the other parties in the case.
- oe
o
Mariel Gerlt-Ferraro
(TYPE OR PRINT NAME) (SIGNATURE [ PARTY ss om
Page 1 of2
Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal, Rules of Cour,
Jusicial Council of California rules 2.252, 31312,
EFS-020 (Rev. February 1, 2017] (Electronic Filing) www courts.ca.gov
EFS-020
CASE NAME: CASE NUMBER
17CV312433
Deutsche Bank National Trust Co v Raymond Gray
PROOF OF ELECTRONIC SERVICE
PROPOSED ORDER
1am at least 18 years old and not a party to this action.
a. My residence or business address is (specify):
Service by mail - See Attached Proof of Service
b. My electronic service address is (specify):
| electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in
an editable word-processing format as follows:
a. On (name of person served) (if the person served is an attorney, the party or parties represented should also be stated.):
b. To (electronic service address of person served):
c. On (date):
[] Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the
proposed order in an editable word-processing format on additional persons are described in an attachment.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: September 11, 2018
Laura Bremmer
(TYPE OR PRINT NAME OF DECLARANT) ‘OF DECI TANT)
EFS-020 [Rev. February1, 2017] PROPOSED ORDER (COVER SHEET) Page
2 of 2
(Electronic ling)
RC-310
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
John M. Sorich (SBN 125223); Mariel Gerlt-Ferraro (SBN 251119)
|” Kaitlyn Q. Chang (SBN 253289)
PARKER IBRAHIM & BERG LLP
695 Town Center Drive, 16th Floor, Costa Mesa, CA 92626
tetepHoneno. 714-361-9550 FAXNO. (Optional 714-784-4190
E-MAIL ADORESS (Optionay Mariel.gerlt-ferraro@piblaw.com
ATTORNEY FOR (Name): Plaintiff Deutsche Bank National Trust Co., ete.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aooress: 19] N. First Street
MAILING ADDRESS. 191 N. First Street
CITY AND ZIP CODE: San Jose 95113
BRANCH NAME: Downtown Superior Court - Old Courthouse YW ||fA
PLAINTIFF: Deutsche Bank National Trust Co., ete.
DEFENDANT: Raymond M. Gray, Sr., et al
ORDER APPOINTING RECEIVER AFTER HEARING CASE NUMBER
AND PRELIMINARY INJUNCTION— RENTS, ISSUES, AND 17CV312433
PROFITS
ORDER APPOINTING RECEIVER AFTER HEARING
4 Hearing date and property description. A hearing on the Order to Show Cause for the appointment of a receiver of the property
described in Attachment 1 (attach description of real and personal property) was held as follows:
Date: November1, 2018 Time: 9:00 a.m. Dept: 6 Room:
THE COURT ORDERS the following:
2. Receiver. (Name): Kenneth Weaver
is appointed as receiver to take possession of the property described in Attachment 1
Receiver's oath and bond. The receiver shall immediately, and before performing any duties:
(1) execute and file a receiver's oath, and
(2) file the bond required by Code of Civil Procedure section 567(b) in the amount of: $ 10,000.00
Receiver's fees. The receiver may charge for the receiver's services no more than
$200.00 [2] per month 4 per hour [1 other (specify):
6 CI percent of gross monthly rents
c. [J the greater of a or b
d. Cos as a one-time start-up fee
5. [—] Management company. The receiver may employ the management company of (name): Classic Realty Consultants
a. [V1] The receiver may pay the company not more than
(1) £2 $500.00 [) per month [) per hour other (specify): plus trvl fees
@ percent of gross monthly rents
(3) [[] the greater of (1) or (2)
(4) Cis as a one-time start-up fee
vb. [I Management company fees are included in receiver's fees in item 4.
6. Disclosure. The receiver shall immediately disclose to all parties any financial relationship between the receiver and any
company hired to assist in the management of the receivership property.
Page1 of 5
Form Approved for Optional Use ORDER APPOINTING RECEIVER AFTER HEARING Code of Givi Procedure
Judicial Council of California 527, 529, 564(b)(10)
RC-310 [Rev. January 1, 2007] AND PRELIMINARY INJUNCTION —RENTS, ISSUES, AND PROFITS Cal. Rules of Court, rules 3.1175,
(Receivership) 3.1976, 3.1177
www courtinto.ca.gov
RC-310
{ PLAINTIFF (Name): Deutsche Bank National Trust Co., etc. CASE NUMBER:
DEFENDANT (Name): Raymond M. Gray, Sr., et al.
17CV312433
General duties. After qualifying, the receiver
a shall take possession of and manage the property,
b. shall collect the income from the property,
c. shall care for the property and may incur the expenses necessary for that care, and
d. may change the locks on the property.
Prohibited agreements. The receiver shall not enter into an agreement with any party to this action about the administration of
the receivership or about any post receivership matter.
Inventory. Within 30 days after qualifying, the receiver shall file an inventory of all property possessed under this order.
10. Expenditures. The receiver shall expend money coming into his or her possession to operate and preserve the property and
only for the purposes authorized in this order. Unless the court orders otherwise, the receiver shall to the extent practical hold
the balance in interest-bearing accounts in accordance with Code of Civil Procedure section 569.
11 Leases and rentals. The receiver may without court approval enter into leases for a term not exceeding one year, obtain and
evict tenants, and set and modify the amounts and terms of leases.
12. Security deposits. Unless the security deposit has been turned over or paid to the receiver, the receiver shall not refund a
deposit to a tenant.
13. Monthly accounting of receiver's income, expenses, and fees.
a. The receiver shall each month prepare and serve on the parties, but not file, an accounting of the income and expenses.
incurred in the administration of the receivership property, including the receiver's fees and expenses.
b. The receiver may pay the receiver's own fees and expenses only by the following procedures:
(1) By serving on all parties a notice of intent to pay to which no objection is served on the receiver within 20 days of the date
the notice is served.
(2) By serving and filing a request for interim payment, which the court then approves.
(3) By obtaining and filing an agreement among all the parties approving the payment, which the court then approves.
(4) By filing the receiver's final accounting and report, which the court then approves.
The receiver shall not reimburse the receiver for the receiver's general office administration expenses or overhead without
court approval. These expenses include, for example, office supplies and employee payroll, benefits, and taxes.
14. Management.
a. The receiver shall operate-the property and take possession of all accounts relating to the property.
b. The receiver may
(1) employ agents, employees, clerks, accountants, and property managers to administer the receivership property, and
(2) purchase materials, supplies, and services reasonably necessary to administer the receivership property.
The receiver may do all the things, and incur the risks and obligations, ordinarily done or incurred by owners, managers, and
operators of businesses and property similar to that possessed by the receiver, except the receiver shall not make
any capital improvements to the property without prior court approval.
15. Bank accounts. The receiver
a. may establish accounts at any financial institutions insured by an agency of the United States government that are not
parties to this proceeding,
b. shall deposit in those accounts funds received in connection with the receivership property, and
c. shall deposit in interest-bearing accounts money not expended for receivership purposes.
16. Court instructions. The receiver and the parties may at any time apply to this court for further instructions and orders and for
additional powers necessary to enable the receiver to perform the receiver's duties properly.
RC-310 [Rev. January 1, 2007] ORDER APPOINTING RECEIVER AFTER HEARING Page 2of 5
AND PRELIMINARY INJUNCTION——RENTS, ISSUES, AND PROFITS
(Receivership)
RC-310
f PLAINTIFF (Name): Deutsche Bank National Trust Co., etc. CASE NUMBER
DEFENDANT (Name): Raymond M. Gray, Sr., et al. 170V312433
17 Insurance.
a. The receiver shall determine upon taking possession of the property whether there is sufficient insurance coverage.
b. The receiver shall notify the insurer that the receiver is to be named as an additional insured on each insurance policy on
the property.
If the receiver determines that the property does not have sufficient insurance coverage, the receiver shall immediately
notify the parties and shall procure sufficient all-risk and liability insurance on the property (excluding earthquake and flood
insurance).
If the receiver does not have sufficient funds to obtain insurance, the receiver shall seek instructions from the court on
whether to obtain insurance and how it is to be paid for.
18. Employment of attorneys.
a. The receiver may employ unlawful detainer attorneys and eviction services without a court order.
b. [] The receiver may employ counsel (name):
at the hourly rate of: $
c. [-_] Except as provided in items 18a and 25d, before employing counsel the receiver shall apply to the court for an order
authorizing the receiver to employ counsel.
19. Taxpayer ID numbers. The receiver may use any federal taxpayer identification numbers relating to the property for any lawful
purpose.
20. Duty to turn over possession. Upon receipt of a copy of a recorded trustee's deed upon foreclosure or written notice from
plaintiff that defendant has cured the defaults existing under plaintiffs loan documents or that plaintiff has accepted a deed in lieu
of foreclosure, the receiver shall, without further order of the court, turn over possession of the property to the successful
purchaser, or defendant, or plaintiff, respectively. ‘
21 Plaintiff's notification of termination. Plaintiff shall notify the receiver in writing within 48 hours of any event within plaintiffs
knowledge that terminates the receivership.
Receiver's final report and account and discharge.
a. Motion required. Discharge of the receiver shall require a court order upon noticed motion for approval of the receiver's final
report and account and exoneration of the receiver's bond.
b. Time. Not later than 60 days after the receivership terminates, the receiver shall file, serve, and obtain a hearing date on a
motion for discharge and approval of the final report and account.
Notice. The receiver shall give notice to all persons of whom the receiver is aware who have potential claims against the
receivership property.
Contents of motion. The motion to approve the final report and account and for discharge of the receiver shall contain the
following:
(1) Declaration or declarations. A declaration or declarations: (i) stating what was done during the receivership, (ii)
certifying the accuracy of the final accounting, (iii) stating the basis for the termination of the receivership (such as
foreclosure or reinstatement), and (iv) stating the basis for an order for the distribution of any surplus or payment of any
deficit.
(2) Accounting summary. A summary of the receivership accounting, which shall include (i) the total revenues received, (ii)
the total expenditures identified and enumerated by major categories, (iii) the net amount of any surplus or deficit, and (iv)
evidence of necessary supporting facts.
23. Plaintiff's notice to receiver. Plaintiff shall promptly notify the receiver in writing of the names, addresses, and telephone
numbers of all parties who appear in the action and their counsel. The parties shall give notice to the receiver of all events that
affect the receivership.
RC-310 [Rev. January 1, 2007] ORDER APPOINTING RECEIVER AFTER HEARING Page 3 of§
AND PRELIMINARY INJUNCTION—RENTS, ISSUES, AND PROFITS
(Receivership)
RC-310
| PLAINTIFF (Name): Deutsche Bank National Trust Co., etc. CASE NUMBER:
17CV312433
DEFENDANT (Name): Raymond M. Gray, Sr., et al.
24. Bankruptcy—Plaintiff's duty to give notice. If a defendant files a bankruptcy case during the receivership, plaintiff shall give
notice of the bankruptcy case to the court, to all parties, and to the receiver by the closing of the next business day after the
day on which plaintiff receives notice of the bankruptcy filing.
25. Bankruptcy Receiver's duties. If the receiver receives notice that a bankruptcy has been filed and part of the bankruptcy
estate includes property that is the subject of this order, the receiver shall have the following duties:
a Turn over property if no relief from stay will besought. The receiver shall immediately contact the party who obtained the
appointment of the receiver and determine whether that party intends to move in the bankruptcy court for an order for (1) relief
from the automatic stay, and (2) relief from the receiver's obligation to turn over the property (11 U.S.C., § 543). If the party has
no intention to make such a motion, the receiver shall immediately turn over the property to the appropriate entity either to the
trustee in bankruptcy if one has been appointed or, if not, to the debtor in possession and otherwise
comply with 11 United States Code section 543.
Remain in possession pending resolution. |f the party who obtained the receivership intends to seek relief immediately from
both the automatic stay and the receiver's obligation to turn over the property, the receiver may remain in possession and
preserve the property pending the ruling on those motions (11 U.S.C., § 543(a)). The receiver's authority to preserve the
property shall be limited as follows:
(1) The receiver may continue to collect rents and other income;
(2) The receiver may make only those disbursements necessary to preserve and protect the property;
(3) The receiver shall not execute any new leases or other long-term contracts; and
(4) The receiver shall do nothing that would effect a material change in the circumstances of the property.
Tum over property if no motion for relief is filed within 10 days after notice of the bankruptcy. \f the party who obtained the
receivership fails to file a motion within 10 court days after his or her receipt of notice of the bankruptcy filing, the receiver
shall immediately turn over the property to the appropriate entity — either to the trustee in bankruptcy if one has been
appointed or, if not, to the debtor in possession — and otherwise comply with 11 United States Code section 543.
Retain bankruptcy counsel. The receiver may petition the court to retain legal counsel to assist the receiver with issues
arising out of the bankruptcy proceedings that affect the receivership.
26. Failure to turn over property. A receiver who fails to turn over the property in accordance with this order shall not be paid for
time and expenses after the date the receiver should have turned the property over.
27 Other orders. (Additional orders may include authority of the receiver to do any other acts arising from special
circumstances.) Other orders [__] are specified in Attachment 27 are as follows (specify):
The Sheriff of the County of Santa Clara, State of California, is authorized to assist the Receiver in
every capacity in which said Sheriff's assistance may be required in order to enable the Receiver to
take and safely keep possession and control of the Property.
PRELIMINARY INJUNCTION
28. THE COURT ORDERS DEFENDANT to do the following:
a. Turn over property. Immediately turn over possession of the property described in Attachment 1 to the receiver when the
appointment becomes effective, including any security deposits, prepaid rent, other rental or lease payments, and funds in
property management bank accounts for the property.
Turn over related items. Immediately turn over to the receiver all keys, books, documents, and records relating to the property
and advise the receiver of federal taxpayer identification numbers relating to the property.
Insurance.
(1) Immediately advise the receiver about the nature and extent of insurance coverage on the property;
(2) Immediately name the receiver as an additional insured on each insurance policy on the property; and
(3) DO NOT cancel, reduce, or modify the insurance coverage.
RC-310 [Rev. January 1, 2007] ORDER APPOINTING RECEIVER AFTER HEARING Page
4 of §
AND PRELIMINARY INJUNCTION-—RENTS, ISSUES, AND PROFITS
(Receivership)
.
RC-310
L PLAINTIFF (Name): Deutsche Bank National Trust Co., etc. CASE NUMBER:
17CV312433
DEFENDANT (Name): Raymond M. Gray, Sr., et al.
28. d. Restraints. Refrain from
(1) committing or permitting any waste on the property or any act on the property in violation of law or removing,
encumbering, or otherwise disposing of any of the fixtures on the property;
(2) demanding, collecting, or in any other way diverting or using any of the rents from the property;
(3) interfering in any manner with the discharge of the receiver's duties under this order;
(4) selling, transferring, disposing, encumbering, or concealing the property without a prior court order; and
(5) doing any act that will impair the preservation of the property or plaintiffs interest in the property.
e. [] Other (specify).
29. THE COURT ORDERS PLAINTIFF to immediately file a preliminary injunction bond under Code of Civil Procedure
section 529 in the amount of: $
30. OTHER ORDERS [__] are specified in Attachment 30 are as follows (specify):
The Sheriff of the County of Santa Clara, State of California, is authorized to assist the Receiver in
every capacity in which said Sheriff's assistance may be required in order to enable the Receiver to
take and safely keep possession and control of the Property.
Defendants and all persons unknown, claiming any legal or equitable right, title, estate, lien or
interest in the Property are enjoined from: (a) committing or permitting any waste of the property or
any part thereof, or suffering or committing or permitting any act on the Property or any part thereof
in violation of law, or removing, transferring, encumbering or otherwise disposing of any of the
Property or any part thereof; (b) directly or indirectly interfering in any manner with the discharge of
the receiver’s duties under the Court’s order or the receiver’s possession of and/or operation or
management of the Property; (c) expending, disbursing, transferring, assigning, selling, conveying,
devising, pledging, mortgaging, creating a security interest in, encumbering, concealing or in any
manner whatsoever dealing in or disposing of the whole or any part of the Property without prior
specific court order; (d) withholding any assets, books, records, or funds from the receiver; (e)
denying access to the Property; and/or (f) doing any act which will, or which will tend to, impair,
defeat, divert, prevent or prejudice the preservation of the Property.
31. Number of pages attached:
Date:
—{ JUDGE OF THE SUPERIRZOURT
RC-310 [Rev. January 1, 2007] ORDER APPOINTING RECEIVER AFTER HEARING Page $ of 5
AND PRELIMINARY INJUNCTION——RENTS, ISSUES, AND PROFITS
(Receivership)
MC-025
SHORT TITLE: CASE NUMBER
| Deutsche Bank National Trust Co., etc. v Raymond M. Gray, et al. 17CV312433
ATTACHMENT (Number): 1
(This Attachment may be used with any Judicial Council form.)
Real property commonly known as 12820 Sycamore Avenue, San Martin, CA 95046, together with related
improvements, furniture, fixtures, equipment and personalty (the “Property”).
The Property being legally described as follows.
ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL OF PARCEL 1, AS SHOWN ON THAT CERTAIN "PARCEL MAP" FILED FOR RECORD IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON
NOVEMBER 3, 1980 IN BOOK 474 OF MAPS, PAGE 25.
APN 825-13-098 and APN 825-13-099.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page —1 of 1
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use ATTACHMENT ‘www. courtinto.ca.gov
Judicial Council of California
1MC-025 [Rev. July 1, 2009}, to Judicial Council Form
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
Deutsche Bank National Trust Co. v. Raymond Gray, Sr., et al.
Santa Clara Superior Court Case No.: 17CV312433
I am employed in the County of Orange, State of California. I am over the age of 18 years and not a
party to the within action. My business address is Parker Ibrahim & Berg LLP, 695 Town Center
Drive, 16" Floor, Costa Mesa, CA 92626.
On September 11, 2018, I served the foregoing document described as [PROPOSED] ORDER
APPOINTING RECEIVER AFTER HEARING A D_ PRELI INARY
INJUNCITON- RENTS, ISSUES, AND PROFITS and PROPOSED ORDER
COVER SHEET on the interested parties in this action.
4 by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s),
addressed as follows:
10
& BY REGULAR MAIL: I deposited such envelope in the mail at 695 Town Center Drive,
11 Costa Mesa, California. The envelope was mailed with postage thereon fully prepaid.
I am “readily familiar” with the firm’s practice of collection and processing correspondence
12 for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary
course of business. I am aware that on motion of the party served, service is presumed invalid
13 if postal cancellation date or postage meter date is more than one (1) day after date of deposit
for mailing in affidavit.
14
BY THE ACT OF FILING OR SERVICE, THAT THE DOCUMENT WAS
15 PRODUCED ON PAPER PURCHASED AS RECYCLED
16 BY FACSIMILE MACHINE: | Tele-Faxed a copy of the original document to the above
facsimile numbers.
17
BY OVERNIGHT MAIL: I deposited such documents at the Golden State Overnight or
18 Federal Express Drop Box located at 695 Town Center Drive, Costa Mesa, CA 92626. The
envelope was deposited with delivery fees thereon fully prepaid.
19
BY ELECTRONIC MAIL: I served the foregoing document by electronic mail to the email
20 address(es) listed on the service list.
21 BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the above
addressee(s).
22
(State) I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct.
24 (Federal) I declare that I am employed in the office of a member of the Bar of this Court, at
whose direction the service was made.
25
Executed on September 11, 2018, at Costa Mesa, Cal mia.
26
27 Laura Bremmer
28
(00310981 DOCK }
PROOF OF SERVICE
2003.0425
SERVICE LIST
Deutsche Bank National Trust Co. v. Raymond Gray, Sr., et al.
Santa Clara Superior Court Case No.: 17CV312433
Raymond Gray, Sr. Defendants in Pro Per
Timothy Gray
Elizabeth Ancheta
12820 Sycamore Ave.
San Martin, California 95046
(408) 686-1656
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
100310981, DOCX
PROOF OF SERVICE
2003.0425
Preview
EFS-020 JATTORNEY OR PARTY WITHOUT ATTORNEY. STATE BAR NO: 251119 FOR COURT USE ONLY ame: Mariel Gerlt-Ferraro FIRM NAME: Parker Ibrahim & Berg LLP. STREET ADDRESS: 695 Town Center Drive icity: Costa Mesa STATE: CA ZIP CODE: 92626 HELEPHONE NO. (714) 361-9550 FAX NO. (714) 784-4190, E-MAIL ADDRESS: mariel.gerit-ferraro@piblaw.com ATTORNEY FOR (name): Plaintiff Deutsche Bank National Trust Co., etc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. Frist Street city AND zip cove: San Jose, CA 95113 BRANCH NAME: Downtown Superior Court - Old Courthouse CASE NUMBER: PLAINTIFF/PETITIONER: Deutsche Bank National Trust Co., etc. 17CV312433 DEFENDANT/RESPONDENT: Raymond M. Gray, Sr., et al. ‘JUDICIAL OFFICER OTHER: Hon. Theodore Zayner DEPT: PROPOSED ORDER (COVER SHEET) 6 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed 1 Name of the party submitting the proposed order: Plaintiff Deutsche Bank National Trust Co. as Trustee for Wamu Mortgage Pass-Through Certificates Series 2006-AR1 Trust Title of the proposed order: Order Appointing Receiver After Hearing and Preliminary Injunction - rents, Issues, and Profits The proceeding to which the proposed order relates is: a. Description of proceeding: Motion for Appointment of Receiver b. Date and time: November 1, 2018 at 9:00 a.m. c, Place: Santa Clara Superior Court - Downtown Superior Court - Old Courthouse 191 N. First Street San Jose, CA 95113 Department 6 The proposed order was served on the other parties in the case. - oe o Mariel Gerlt-Ferraro (TYPE OR PRINT NAME) (SIGNATURE [ PARTY ss om Page 1 of2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal, Rules of Cour, Jusicial Council of California rules 2.252, 31312, EFS-020 (Rev. February 1, 2017] (Electronic Filing) www courts.ca.gov EFS-020 CASE NAME: CASE NUMBER 17CV312433 Deutsche Bank National Trust Co v Raymond Gray PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1am at least 18 years old and not a party to this action. a. My residence or business address is (specify): Service by mail - See Attached Proof of Service b. My electronic service address is (specify): | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name of person served) (if the person served is an attorney, the party or parties represented should also be stated.): b. To (electronic service address of person served): c. On (date): [] Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: September 11, 2018 Laura Bremmer (TYPE OR PRINT NAME OF DECLARANT) ‘OF DECI TANT) EFS-020 [Rev. February1, 2017] PROPOSED ORDER (COVER SHEET) Page 2 of 2 (Electronic ling) RC-310 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY John M. Sorich (SBN 125223); Mariel Gerlt-Ferraro (SBN 251119) |” Kaitlyn Q. Chang (SBN 253289) PARKER IBRAHIM & BERG LLP 695 Town Center Drive, 16th Floor, Costa Mesa, CA 92626 tetepHoneno. 714-361-9550 FAXNO. (Optional 714-784-4190 E-MAIL ADORESS (Optionay Mariel.gerlt-ferraro@piblaw.com ATTORNEY FOR (Name): Plaintiff Deutsche Bank National Trust Co., ete. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street aooress: 19] N. First Street MAILING ADDRESS. 191 N. First Street CITY AND ZIP CODE: San Jose 95113 BRANCH NAME: Downtown Superior Court - Old Courthouse YW ||fA PLAINTIFF: Deutsche Bank National Trust Co., ete. DEFENDANT: Raymond M. Gray, Sr., et al ORDER APPOINTING RECEIVER AFTER HEARING CASE NUMBER AND PRELIMINARY INJUNCTION— RENTS, ISSUES, AND 17CV312433 PROFITS ORDER APPOINTING RECEIVER AFTER HEARING 4 Hearing date and property description. A hearing on the Order to Show Cause for the appointment of a receiver of the property described in Attachment 1 (attach description of real and personal property) was held as follows: Date: November1, 2018 Time: 9:00 a.m. Dept: 6 Room: THE COURT ORDERS the following: 2. Receiver. (Name): Kenneth Weaver is appointed as receiver to take possession of the property described in Attachment 1 Receiver's oath and bond. The receiver shall immediately, and before performing any duties: (1) execute and file a receiver's oath, and (2) file the bond required by Code of Civil Procedure section 567(b) in the amount of: $ 10,000.00 Receiver's fees. The receiver may charge for the receiver's services no more than $200.00 [2] per month 4 per hour [1 other (specify): 6 CI percent of gross monthly rents c. [J the greater of a or b d. Cos as a one-time start-up fee 5. [—] Management company. The receiver may employ the management company of (name): Classic Realty Consultants a. [V1] The receiver may pay the company not more than (1) £2 $500.00 [) per month [) per hour other (specify): plus trvl fees @ percent of gross monthly rents (3) [[] the greater of (1) or (2) (4) Cis as a one-time start-up fee vb. [I Management company fees are included in receiver's fees in item 4. 6. Disclosure. The receiver shall immediately disclose to all parties any financial relationship between the receiver and any company hired to assist in the management of the receivership property. Page1 of 5 Form Approved for Optional Use ORDER APPOINTING RECEIVER AFTER HEARING Code of Givi Procedure Judicial Council of California 527, 529, 564(b)(10) RC-310 [Rev. January 1, 2007] AND PRELIMINARY INJUNCTION —RENTS, ISSUES, AND PROFITS Cal. Rules of Court, rules 3.1175, (Receivership) 3.1976, 3.1177 www courtinto.ca.gov RC-310 { PLAINTIFF (Name): Deutsche Bank National Trust Co., etc. CASE NUMBER: DEFENDANT (Name): Raymond M. Gray, Sr., et al. 17CV312433 General duties. After qualifying, the receiver a shall take possession of and manage the property, b. shall collect the income from the property, c. shall care for the property and may incur the expenses necessary for that care, and d. may change the locks on the property. Prohibited agreements. The receiver shall not enter into an agreement with any party to this action about the administration of the receivership or about any post receivership matter. Inventory. Within 30 days after qualifying, the receiver shall file an inventory of all property possessed under this order. 10. Expenditures. The receiver shall expend money coming into his or her possession to operate and preserve the property and only for the purposes authorized in this order. Unless the court orders otherwise, the receiver shall to the extent practical hold the balance in interest-bearing accounts in accordance with Code of Civil Procedure section 569. 11 Leases and rentals. The receiver may without court approval enter into leases for a term not exceeding one year, obtain and evict tenants, and set and modify the amounts and terms of leases. 12. Security deposits. Unless the security deposit has been turned over or paid to the receiver, the receiver shall not refund a deposit to a tenant. 13. Monthly accounting of receiver's income, expenses, and fees. a. The receiver shall each month prepare and serve on the parties, but not file, an accounting of the income and expenses. incurred in the administration of the receivership property, including the receiver's fees and expenses. b. The receiver may pay the receiver's own fees and expenses only by the following procedures: (1) By serving on all parties a notice of intent to pay to which no objection is served on the receiver within 20 days of the date the notice is served. (2) By serving and filing a request for interim payment, which the court then approves. (3) By obtaining and filing an agreement among all the parties approving the payment, which the court then approves. (4) By filing the receiver's final accounting and report, which the court then approves. The receiver shall not reimburse the receiver for the receiver's general office administration expenses or overhead without court approval. These expenses include, for example, office supplies and employee payroll, benefits, and taxes. 14. Management. a. The receiver shall operate-the property and take possession of all accounts relating to the property. b. The receiver may (1) employ agents, employees, clerks, accountants, and property managers to administer the receivership property, and (2) purchase materials, supplies, and services reasonably necessary to administer the receivership property. The receiver may do all the things, and incur the risks and obligations, ordinarily done or incurred by owners, managers, and operators of businesses and property similar to that possessed by the receiver, except the receiver shall not make any capital improvements to the property without prior court approval. 15. Bank accounts. The receiver a. may establish accounts at any financial institutions insured by an agency of the United States government that are not parties to this proceeding, b. shall deposit in those accounts funds received in connection with the receivership property, and c. shall deposit in interest-bearing accounts money not expended for receivership purposes. 16. Court instructions. The receiver and the parties may at any time apply to this court for further instructions and orders and for additional powers necessary to enable the receiver to perform the receiver's duties properly. RC-310 [Rev. January 1, 2007] ORDER APPOINTING RECEIVER AFTER HEARING Page 2of 5 AND PRELIMINARY INJUNCTION——RENTS, ISSUES, AND PROFITS (Receivership) RC-310 f PLAINTIFF (Name): Deutsche Bank National Trust Co., etc. CASE NUMBER DEFENDANT (Name): Raymond M. Gray, Sr., et al. 170V312433 17 Insurance. a. The receiver shall determine upon taking possession of the property whether there is sufficient insurance coverage. b. The receiver shall notify the insurer that the receiver is to be named as an additional insured on each insurance policy on the property. If the receiver determines that the property does not have sufficient insurance coverage, the receiver shall immediately notify the parties and shall procure sufficient all-risk and liability insurance on the property (excluding earthquake and flood insurance). If the receiver does not have sufficient funds to obtain insurance, the receiver shall seek instructions from the court on whether to obtain insurance and how it is to be paid for. 18. Employment of attorneys. a. The receiver may employ unlawful detainer attorneys and eviction services without a court order. b. [] The receiver may employ counsel (name): at the hourly rate of: $ c. [-_] Except as provided in items 18a and 25d, before employing counsel the receiver shall apply to the court for an order authorizing the receiver to employ counsel. 19. Taxpayer ID numbers. The receiver may use any federal taxpayer identification numbers relating to the property for any lawful purpose. 20. Duty to turn over possession. Upon receipt of a copy of a recorded trustee's deed upon foreclosure or written notice from plaintiff that defendant has cured the defaults existing under plaintiffs loan documents or that plaintiff has accepted a deed in lieu of foreclosure, the receiver shall, without further order of the court, turn over possession of the property to the successful purchaser, or defendant, or plaintiff, respectively. ‘ 21 Plaintiff's notification of termination. Plaintiff shall notify the receiver in writing within 48 hours of any event within plaintiffs knowledge that terminates the receivership. Receiver's final report and account and discharge. a. Motion required. Discharge of the receiver shall require a court order upon noticed motion for approval of the receiver's final report and account and exoneration of the receiver's bond. b. Time. Not later than 60 days after the receivership terminates, the receiver shall file, serve, and obtain a hearing date on a motion for discharge and approval of the final report and account. Notice. The receiver shall give notice to all persons of whom the receiver is aware who have potential claims against the receivership property. Contents of motion. The motion to approve the final report and account and for discharge of the receiver shall contain the following: (1) Declaration or declarations. A declaration or declarations: (i) stating what was done during the receivership, (ii) certifying the accuracy of the final accounting, (iii) stating the basis for the termination of the receivership (such as foreclosure or reinstatement), and (iv) stating the basis for an order for the distribution of any surplus or payment of any deficit. (2) Accounting summary. A summary of the receivership accounting, which shall include (i) the total revenues received, (ii) the total expenditures identified and enumerated by major categories, (iii) the net amount of any surplus or deficit, and (iv) evidence of necessary supporting facts. 23. Plaintiff's notice to receiver. Plaintiff shall promptly notify the receiver in writing of the names, addresses, and telephone numbers of all parties who appear in the action and their counsel. The parties shall give notice to the receiver of all events that affect the receivership. RC-310 [Rev. January 1, 2007] ORDER APPOINTING RECEIVER AFTER HEARING Page 3 of§ AND PRELIMINARY INJUNCTION—RENTS, ISSUES, AND PROFITS (Receivership) RC-310 | PLAINTIFF (Name): Deutsche Bank National Trust Co., etc. CASE NUMBER: 17CV312433 DEFENDANT (Name): Raymond M. Gray, Sr., et al. 24. Bankruptcy—Plaintiff's duty to give notice. If a defendant files a bankruptcy case during the receivership, plaintiff shall give notice of the bankruptcy case to the court, to all parties, and to the receiver by the closing of the next business day after the day on which plaintiff receives notice of the bankruptcy filing. 25. Bankruptcy Receiver's duties. If the receiver receives notice that a bankruptcy has been filed and part of the bankruptcy estate includes property that is the subject of this order, the receiver shall have the following duties: a Turn over property if no relief from stay will besought. The receiver shall immediately contact the party who obtained the appointment of the receiver and determine whether that party intends to move in the bankruptcy court for an order for (1) relief from the automatic stay, and (2) relief from the receiver's obligation to turn over the property (11 U.S.C., § 543). If the party has no intention to make such a motion, the receiver shall immediately turn over the property to the appropriate entity either to the trustee in bankruptcy if one has been appointed or, if not, to the debtor in possession and otherwise comply with 11 United States Code section 543. Remain in possession pending resolution. |f the party who obtained the receivership intends to seek relief immediately from both the automatic stay and the receiver's obligation to turn over the property, the receiver may remain in possession and preserve the property pending the ruling on those motions (11 U.S.C., § 543(a)). The receiver's authority to preserve the property shall be limited as follows: (1) The receiver may continue to collect rents and other income; (2) The receiver may make only those disbursements necessary to preserve and protect the property; (3) The receiver shall not execute any new leases or other long-term contracts; and (4) The receiver shall do nothing that would effect a material change in the circumstances of the property. Tum over property if no motion for relief is filed within 10 days after notice of the bankruptcy. \f the party who obtained the receivership fails to file a motion within 10 court days after his or her receipt of notice of the bankruptcy filing, the receiver shall immediately turn over the property to the appropriate entity — either to the trustee in bankruptcy if one has been appointed or, if not, to the debtor in possession — and otherwise comply with 11 United States Code section 543. Retain bankruptcy counsel. The receiver may petition the court to retain legal counsel to assist the receiver with issues arising out of the bankruptcy proceedings that affect the receivership. 26. Failure to turn over property. A receiver who fails to turn over the property in accordance with this order shall not be paid for time and expenses after the date the receiver should have turned the property over. 27 Other orders. (Additional orders may include authority of the receiver to do any other acts arising from special circumstances.) Other orders [__] are specified in Attachment 27 are as follows (specify): The Sheriff of the County of Santa Clara, State of California, is authorized to assist the Receiver in every capacity in which said Sheriff's assistance may be required in order to enable the Receiver to take and safely keep possession and control of the Property. PRELIMINARY INJUNCTION 28. THE COURT ORDERS DEFENDANT to do the following: a. Turn over property. Immediately turn over possession of the property described in Attachment 1 to the receiver when the appointment becomes effective, including any security deposits, prepaid rent, other rental or lease payments, and funds in property management bank accounts for the property. Turn over related items. Immediately turn over to the receiver all keys, books, documents, and records relating to the property and advise the receiver of federal taxpayer identification numbers relating to the property. Insurance. (1) Immediately advise the receiver about the nature and extent of insurance coverage on the property; (2) Immediately name the receiver as an additional insured on each insurance policy on the property; and (3) DO NOT cancel, reduce, or modify the insurance coverage. RC-310 [Rev. January 1, 2007] ORDER APPOINTING RECEIVER AFTER HEARING Page 4 of § AND PRELIMINARY INJUNCTION-—RENTS, ISSUES, AND PROFITS (Receivership) . RC-310 L PLAINTIFF (Name): Deutsche Bank National Trust Co., etc. CASE NUMBER: 17CV312433 DEFENDANT (Name): Raymond M. Gray, Sr., et al. 28. d. Restraints. Refrain from (1) committing or permitting any waste on the property or any act on the property in violation of law or removing, encumbering, or otherwise disposing of any of the fixtures on the property; (2) demanding, collecting, or in any other way diverting or using any of the rents from the property; (3) interfering in any manner with the discharge of the receiver's duties under this order; (4) selling, transferring, disposing, encumbering, or concealing the property without a prior court order; and (5) doing any act that will impair the preservation of the property or plaintiffs interest in the property. e. [] Other (specify). 29. THE COURT ORDERS PLAINTIFF to immediately file a preliminary injunction bond under Code of Civil Procedure section 529 in the amount of: $ 30. OTHER ORDERS [__] are specified in Attachment 30 are as follows (specify): The Sheriff of the County of Santa Clara, State of California, is authorized to assist the Receiver in every capacity in which said Sheriff's assistance may be required in order to enable the Receiver to take and safely keep possession and control of the Property. Defendants and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the Property are enjoined from: (a) committing or permitting any waste of the property or any part thereof, or suffering or committing or permitting any act on the Property or any part thereof in violation of law, or removing, transferring, encumbering or otherwise disposing of any of the Property or any part thereof; (b) directly or indirectly interfering in any manner with the discharge of the receiver’s duties under the Court’s order or the receiver’s possession of and/or operation or management of the Property; (c) expending, disbursing, transferring, assigning, selling, conveying, devising, pledging, mortgaging, creating a security interest in, encumbering, concealing or in any manner whatsoever dealing in or disposing of the whole or any part of the Property without prior specific court order; (d) withholding any assets, books, records, or funds from the receiver; (e) denying access to the Property; and/or (f) doing any act which will, or which will tend to, impair, defeat, divert, prevent or prejudice the preservation of the Property. 31. Number of pages attached: Date: —{ JUDGE OF THE SUPERIRZOURT RC-310 [Rev. January 1, 2007] ORDER APPOINTING RECEIVER AFTER HEARING Page $ of 5 AND PRELIMINARY INJUNCTION——RENTS, ISSUES, AND PROFITS (Receivership) MC-025 SHORT TITLE: CASE NUMBER | Deutsche Bank National Trust Co., etc. v Raymond M. Gray, et al. 17CV312433 ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) Real property commonly known as 12820 Sycamore Avenue, San Martin, CA 95046, together with related improvements, furniture, fixtures, equipment and personalty (the “Property”). The Property being legally described as follows. ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL OF PARCEL 1, AS SHOWN ON THAT CERTAIN "PARCEL MAP" FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON NOVEMBER 3, 1980 IN BOOK 474 OF MAPS, PAGE 25. APN 825-13-098 and APN 825-13-099. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page —1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT ‘www. courtinto.ca.gov Judicial Council of California 1MC-025 [Rev. July 1, 2009}, to Judicial Council Form PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE Deutsche Bank National Trust Co. v. Raymond Gray, Sr., et al. Santa Clara Superior Court Case No.: 17CV312433 I am employed in the County of Orange, State of California. I am over the age of 18 years and not a party to the within action. My business address is Parker Ibrahim & Berg LLP, 695 Town Center Drive, 16" Floor, Costa Mesa, CA 92626. On September 11, 2018, I served the foregoing document described as [PROPOSED] ORDER APPOINTING RECEIVER AFTER HEARING A D_ PRELI INARY INJUNCITON- RENTS, ISSUES, AND PROFITS and PROPOSED ORDER COVER SHEET on the interested parties in this action. 4 by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s), addressed as follows: 10 & BY REGULAR MAIL: I deposited such envelope in the mail at 695 Town Center Drive, 11 Costa Mesa, California. The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice of collection and processing correspondence 12 for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid 13 if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. 14 BY THE ACT OF FILING OR SERVICE, THAT THE DOCUMENT WAS 15 PRODUCED ON PAPER PURCHASED AS RECYCLED 16 BY FACSIMILE MACHINE: | Tele-Faxed a copy of the original document to the above facsimile numbers. 17 BY OVERNIGHT MAIL: I deposited such documents at the Golden State Overnight or 18 Federal Express Drop Box located at 695 Town Center Drive, Costa Mesa, CA 92626. The envelope was deposited with delivery fees thereon fully prepaid. 19 BY ELECTRONIC MAIL: I served the foregoing document by electronic mail to the email 20 address(es) listed on the service list. 21 BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the above addressee(s). 22 (State) I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct. 24 (Federal) I declare that I am employed in the office of a member of the Bar of this Court, at whose direction the service was made. 25 Executed on September 11, 2018, at Costa Mesa, Cal mia. 26 27 Laura Bremmer 28 (00310981 DOCK } PROOF OF SERVICE 2003.0425 SERVICE LIST Deutsche Bank National Trust Co. v. Raymond Gray, Sr., et al. Santa Clara Superior Court Case No.: 17CV312433 Raymond Gray, Sr. Defendants in Pro Per Timothy Gray Elizabeth Ancheta 12820 Sycamore Ave. San Martin, California 95046 (408) 686-1656 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 100310981, DOCX PROOF OF SERVICE 2003.0425