Re: Jesus Aguilar v. Cimax Home Mortgage, et al. (KC051120)

MOTION FOR AN ASSIGNMENT ORDER AND RESTRAINING ORDER

Moving Party: Plaintiffs’ Assignee Adam Harari dba Express Judgment Recovery

Respondent: No timely opposition filed (due 2/6/18)

POS: Moving OK

This was a fraud/breach of contract action arising out of the listing and sale of Plaintiffs Jesus Aguilar’s and Marisol Aguilar’s (“Plaintiffs”) restaurant business, Elia’s Tepeyac. The Complaint was filed on 8/2/07. The FAC was filed on 3/10/08. The SAC, filed on 7/10/08, asserts causes of action for:

Breach of Contract

Fraud

Specific Performance

Professional Negligence

Breach of Fiduciary Duty

Accounting

On 10/3/08, Defendants Cimax Home Mortgage (“Cimax”)’s, Business Wizard, Inc. (“Business Wizard”)’s, Carlos Aguirre (“Aguirre”)’s and Carlos Flores Carillo (“Carillo”)’s defaults were entered. On 10/29/08, default judgment was entered for Plaintiffs and against Defendants Cimax, Business Wizard, Aguirre and Carillo in