Order Ex ParteCal. Super. - 6th Dist.August 13, 2020CDLG, PC, Tony Cara, Esq., 2973 Harbor Boulevard, Suite 594, Costa Mesa, CA 92626-3912, Phone: (888) 615-6765 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on 8/19/2020 6:42 AM Reviewed By: L. Nguyen Case #20CV369368 Envelope: 4788897 CDLG, PC Tony Cara, Esq., SBN 170720 Fernando Leone, Esq., SBN 147933 Peter Nisson, Esq. SBN 62276 2973 Harbor Boulevard, Suite 594 Costa Mesa, CA 92626-3912 Phone: (888) 615-6765 Fax: (888) 660-8874 Litigation.CDLG(angail.com Filed August 19, 2020 Clerk of the Court Superior Court of CA County of Santa Clara ZOCV369368 By: lnguyen Attorney for Plaintiffs, Rabindra Chakraborty and Ruma Chakraborty SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA RABINDRA CHAKRABORTY; RUMA CHAKRABORTY, Plaintiffs, V. MORTGAGE LENDER SERVICERS, INC.; MILESTONE FINANCIAL, LLC; MERS FUND I; and DOES 1-10, inclusive, Defendants. _ Case N0.: 20CV369368 : {-BRQBQSED} ORDER [Filed concurrently With Plaintiffs’ EX-Parte Notice and Application for Temporary Restraining Order to Show Cause for issuance 0f a Preliminary Injunction; Memorandum 0f Points and Authorities; Declaration of Dee Williams; Declaration 0f Tony Cara] Date: TBD Time: Dept: T0 Defendants Milestone Financial, Mortgage Lender Services, Inc. and MERS Fund I; and DOES 1- 1 0, inclusive: 1 CHAKRABORTY V. MORTGAGE LENDING SERVICES, LLC, et al.- PLAINTIFF’S TRO EX PARTE PROPOSED ORDER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER TO SHOW CAUSE Based upon the Complaint filed in this action, EX Parte Notice and Application, Memorandum 0f Points and Authorities and supporting Declarations in compliance with the Court’s EX Parte Notice submitted in support 0f this request for temporary relief, you are ordered to appear 0n August _, 2020 at _ a.m./p.m. in Department_ 0f this Court located at 191 N. First St., San Jose, CA 95 1 13 t0 show cause why a preliminary injunction should not be ordered restraining and enjoining you and your employees and agents or any other persons action With you 0r in your behalf] from recording a Trustee’s Deed Upon Sale against the real property located at 1298 Pumpkin Terrace, Sunnyvale, CA 94087, (“Subj ect Property”) pending trial in this action. TEMPORARY RESTRAINING ORDER Pending hearing on the Order t0 Show Cause, you, your employees and agents, and any other persons acting With you or in your behalf are restrained and enjoined from recording a Trustee’s Deed Upon Sale against the Subject Property. IT IS FURTHER ORDERED THAT: This Order t0 Show Cause and Temporary Restraining Order and supporting papers shall be served 0n defendants no later than by personal service/facsimile transmission/overnight mail.] Proof 0f such service shall be filed at least_ court days prior t0 the hearing. Any opposition papers to the Order t0 Show Cause shall be filed and served on plaintiff by personal service/facsimile transmission/ovemight mail] no later than Any reply papers to the Order t0 Show Cause shall be filed and served on plaintiff by personal service/facsimile transmission/overnight mail] n0 later than The restraining order granted herein shall expire on Dated: August _, 2020 Judge of the Superior Court 2 CHAKRABORTY V. MORTGAGE LENDING SERVICES, LLC, et a1.- PLAINTIFF’S TRO EX PARTE PROPOSED ORDER xxxxxxxxxxxx 3 September 2020 9:00 xxxx 20 five ^ 5:00 pm 20 August 2020 27 August 2020 4:00 pm. 31 August 2020 4:00 pm 4 September 2020 at 12:01 pm 19 Manoukian, Socrates P.
