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COX, CASTLE
Edward F.
& NICHOLSON LLP
Quigley (State Bar No. 175228)
HLEQ
Cathy T. Moses (State Bar No. 254791) MAR ..1 ,7 2021
2029 Century Park East, Suite 2100
RT 0F CALIFORNIA
Los Angeles, California 90067-3284
.5
Telephone:
Facsimile:
(3 10) 284-2200
(3 1 0) 284-2 1 00
BY—‘flfifi
SUPEREIOORfilW 0F FRESNO
Email: equigley@coxcastle.com;
CMoses@coxcastle.com
RECEIVED
Attorneys for Plaintiff PM
3/1 2/2021 2:47
Los Arboles Family Apartments, L.P. FRESNO COUNTY SUPERIOR COURT
KOOONONUI
Deputy
By: C. York,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF FRESNO — B. F. SISK COURTHOUSE
10
11 LOS ARBOLES FAMILY APARTMENTS, Case No.: 21CECG00620
L.P., a California limited partnership,
12 UNLIMITED JURISDICTION
Plaintiff,
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14
V.
.ORANGE COVE AMAYA ASSOCIATES, A
[MD] ORDER GRANTING
PLAINTIFF LOS ARBOLES FAMILY
15 CALIFORNIA LIMITED PARTNERSHIP, a APARTMENTS, L.P.’S EX PARTE
California limited partnership; AMG & APPLICATION FOR TEMPORARY
16 Associates, LLC, a California limited liability RESTRAINING ORDER AND ORDER
company; JPMORGAN CHASE BANK, N.A., TO SHOW CAUSE RE PRELIMINARY
17 a National Banking Association; INJUNCTION
CALIFORNIA COMMUNITY
18 REINVESTMENT CORPORATION, a DATE: March 16, 2021
California nonprofit public benefit corporation; TIME: 3:30 p.m.
19 all persons unknown claiming any legal or DEPT.:‘ 503
equitable right, title, estate, lien 0r interest in
20 the property described in the Complaint Assigned for all purposes to:
adverse 'to Plaintiff’ s title, or any cloud on Hon. Kimberly Gaab, Department 503
21 Plaintiff’s title; and DOES 1-20, inclusive,
Complaint: March 3, 2021
22 Defendants. Trial: None set
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LAW OFFICES 0F _1_
Cox, CASTLE &
NICHOLSON LLP [PROPOSED] ORDER GRANTING PLATNTIFF’S EX PARTE APPLICATION FOR TEMPORARY
CA
Los ANGELES.
RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
The ex parte application of Plaintiff Los Arboles Family Apartments, L.P., for a
N temporary restraining order and an order to show cause re preliminary injunction came 0n for
hearing on March ’1’; 2021 at 3 :30 p.m., in Department 503 of the above—captioned Court, the
>
Honorable Kimberly Gaab presiding.
NOMAD)
After full consideration of the evidence and the written and oral submissions of the parties,
and upon a showing of good cause,
IT IS HEREBY ORDERED THAT:
1. A temporary restraining order is issued prohibiting Defendant Orange Cove Amaya
Associates, LP (“Amaya”), and its employees, contractors, partners, members, agents,
10 representatives, tenants, residents, invitees, and any and all persons acting for of in concert with it,
11 from, as of the date ofthis Order, doing, directly or indirectly, any 0f the following acts:
12 (1) Entering onto and/or using any portion of Plaintiff Los Arboles Family
13 Apartments, LP’s (“Owner”) Property, which islocated at 1535 Park Boulevard, Orange Cove,
14 California;
15 (2) Removing, destroying, tampering with or otherwise modifying any part of
16 Owner’s Property including any portions 0f Owner’s fence, asphalt, and curbing; and
17 (3) Building upon any portion of Owner’s Property, including to create any shared
18 drive aisles, walkways or other areas for the benefit of Amaya’s property (collectively,
19 “Prohibited Acts”).
20 This TRO shall remain in effect, and Amaya is prohibited from doing any of the Prohibited
21 Acts, until this Court conducts an Order to Show Cause re Preliminary Injunction as set forth below.
22 2. An order to show cause is issued directing Amaya to appear before this Court and
23 show cause if any that itmay have, as to why it and its employees, contractors, agents,
24 representatives, tenants, residents, invitees, and any and all persons acting for or in concert with it
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LAW OFFICES 0F -2-
Cox, CASTLE &
NICHOLSON LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR TEMPORARY
CA
Los ANGELES,
RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
should not be restrained and enjoined, during the pendency of this action, from doing, directly or
indirectly, any of the Prohibited Acts, on $25 I a ,2021, at3'3paem./p.m., in
I
Department 503 of the above-entitled Court.
IT IS SO ORDERED.
DATED: March [7 ,
2021
Wflflz
Hon. Kimfikrly Gaab
V \ ,_
JUDGE OF THE SUPERIOR COURT
087678\1228791 1v2
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LAW OFFICES 0F -3-
Cox, CASTLE &
NICHOLSON LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR TEMPORARY
CA
Los ANGELEs,
RESTRAINFNG ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
Preview
COX, CASTLE Edward F. & NICHOLSON LLP Quigley (State Bar No. 175228) HLEQ Cathy T. Moses (State Bar No. 254791) MAR ..1 ,7 2021 2029 Century Park East, Suite 2100 RT 0F CALIFORNIA Los Angeles, California 90067-3284 .5 Telephone: Facsimile: (3 10) 284-2200 (3 1 0) 284-2 1 00 BY—‘flfifi SUPEREIOORfilW 0F FRESNO Email: equigley@coxcastle.com; CMoses@coxcastle.com RECEIVED Attorneys for Plaintiff PM 3/1 2/2021 2:47 Los Arboles Family Apartments, L.P. FRESNO COUNTY SUPERIOR COURT KOOONONUI Deputy By: C. York, SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO — B. F. SISK COURTHOUSE 10 11 LOS ARBOLES FAMILY APARTMENTS, Case No.: 21CECG00620 L.P., a California limited partnership, 12 UNLIMITED JURISDICTION Plaintiff, 13 14 V. .ORANGE COVE AMAYA ASSOCIATES, A [MD] ORDER GRANTING PLAINTIFF LOS ARBOLES FAMILY 15 CALIFORNIA LIMITED PARTNERSHIP, a APARTMENTS, L.P.’S EX PARTE California limited partnership; AMG & APPLICATION FOR TEMPORARY 16 Associates, LLC, a California limited liability RESTRAINING ORDER AND ORDER company; JPMORGAN CHASE BANK, N.A., TO SHOW CAUSE RE PRELIMINARY 17 a National Banking Association; INJUNCTION CALIFORNIA COMMUNITY 18 REINVESTMENT CORPORATION, a DATE: March 16, 2021 California nonprofit public benefit corporation; TIME: 3:30 p.m. 19 all persons unknown claiming any legal or DEPT.:‘ 503 equitable right, title, estate, lien 0r interest in 20 the property described in the Complaint Assigned for all purposes to: adverse 'to Plaintiff’ s title, or any cloud on Hon. Kimberly Gaab, Department 503 21 Plaintiff’s title; and DOES 1-20, inclusive, Complaint: March 3, 2021 22 Defendants. Trial: None set 23 24 25 26 27 28 LAW OFFICES 0F _1_ Cox, CASTLE & NICHOLSON LLP [PROPOSED] ORDER GRANTING PLATNTIFF’S EX PARTE APPLICATION FOR TEMPORARY CA Los ANGELES. RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION The ex parte application of Plaintiff Los Arboles Family Apartments, L.P., for a N temporary restraining order and an order to show cause re preliminary injunction came 0n for hearing on March ’1’; 2021 at 3 :30 p.m., in Department 503 of the above—captioned Court, the > Honorable Kimberly Gaab presiding. NOMAD) After full consideration of the evidence and the written and oral submissions of the parties, and upon a showing of good cause, IT IS HEREBY ORDERED THAT: 1. A temporary restraining order is issued prohibiting Defendant Orange Cove Amaya Associates, LP (“Amaya”), and its employees, contractors, partners, members, agents, 10 representatives, tenants, residents, invitees, and any and all persons acting for of in concert with it, 11 from, as of the date ofthis Order, doing, directly or indirectly, any 0f the following acts: 12 (1) Entering onto and/or using any portion of Plaintiff Los Arboles Family 13 Apartments, LP’s (“Owner”) Property, which islocated at 1535 Park Boulevard, Orange Cove, 14 California; 15 (2) Removing, destroying, tampering with or otherwise modifying any part of 16 Owner’s Property including any portions 0f Owner’s fence, asphalt, and curbing; and 17 (3) Building upon any portion of Owner’s Property, including to create any shared 18 drive aisles, walkways or other areas for the benefit of Amaya’s property (collectively, 19 “Prohibited Acts”). 20 This TRO shall remain in effect, and Amaya is prohibited from doing any of the Prohibited 21 Acts, until this Court conducts an Order to Show Cause re Preliminary Injunction as set forth below. 22 2. An order to show cause is issued directing Amaya to appear before this Court and 23 show cause if any that itmay have, as to why it and its employees, contractors, agents, 24 representatives, tenants, residents, invitees, and any and all persons acting for or in concert with it 25 /// 26 /// 27 /// 28 /// LAW OFFICES 0F -2- Cox, CASTLE & NICHOLSON LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR TEMPORARY CA Los ANGELES, RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION should not be restrained and enjoined, during the pendency of this action, from doing, directly or indirectly, any of the Prohibited Acts, on $25 I a ,2021, at3'3paem./p.m., in I Department 503 of the above-entitled Court. IT IS SO ORDERED. DATED: March [7 , 2021 Wflflz Hon. Kimfikrly Gaab V \ ,_ JUDGE OF THE SUPERIOR COURT 087678\1228791 1v2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES 0F -3- Cox, CASTLE & NICHOLSON LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR TEMPORARY CA Los ANGELEs, RESTRAINFNG ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION