Application Ex Parte Fee AppliesCal. Super. - 6th Dist.December 4, 20201o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERTS 4o ELLIOTT Law Corporation JAMES ROBERTS, SBN 98804 1798 Technology Drive Suite 292 San Jose, CA 95110 Telephone: (408)275-9800 Fax: (408) 287-3782 Email: jroberts@robertsel|iott.com Attorneys for Plaintiff 1999 Stone LLC IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 1999 STONE LLC. __ CaseNo. QGCW3?38}28 EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER Plaintiff, v. PG CAPITAL, LLC A SERIES OF REPJR INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY; FRANCES LAVINIA PAPAPIETRO, TRUSTEE OF THE FRANCES LAVINIA PAPAPIETRO SEPARATE PROPERTY TRUST DATED AUGUST 27, 2018, PLM LOAN MANAGEMENT SERVICES, |NC., et al, vvvvvvvv Defendants. vvvvvvvv TO DEFENDANTS PG CAPITAL, LLC A SERIES OF REPJR INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY; FRANCES LAVIN IA PAPAPIETRO, TRUSTEE OF THE FRANCES LAVINIA PAPAPIETRO SEPARATE PROPERTY TRUST DATED AUGUST 27, 2018, PLM LOAN MANAGEMENT SERVICES, |NC.: OSC RE PRELIMINARY INJUNCTION PLAINTIFF 1999 STONE LLC HEREBY APPLIES FOR AN ORDER TO SHOW CAUSE why a preliminary injunction should not be granted against Defendants PG CAPITAL, LLC A SERIES OF REPJR INVESTMENTS, LLC, A NEVADA LIMITED EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 LIABILITY COMPANY; FRANCES LAVINIA PAPAPIETRO, TRUSTEE OF THE FRANCES LAVINIA PAPAPIETRO SEPARATE PROPERTYTRUST DATED AUGUST 27, 2018, PLM LOAN MANAGEMENT SERVICES, INC., and its/her agents. servants, employees. partners, and any person acting in concert with it/her: a) from committing and/or performing the below-described acts during the pendency 0f this action: (1) proceeding with a non-judicial foreclosure sale as to the real property situated in Santa Clara County California, described as 1999 Stone Avenue, San Jose, California. 95125, apn 456-1 1-043, while the State of California and/or County of Santa Clara is subject the Purple Tier (Tier One) COVID status; (2) proceeding with a non-judicial foreclosure sale as to the real property situated in Santa Clara County California, described as 1999 Stone Avenue. San Jose, California, 95125, apn 456-1 1-043, while the State of California and/or County 0f Santa Clara is subject restriction on who may attend the sale; (3) proceeding with a non-judiciai foreclosure sale as to the real property situated in Santa Clara County California, described as 1999 Stone Avenue, San Jose, California, 95125, apn 456-1 1-043. at the North Market Street entrance of the Superior Court located at 191 North First Street, San Jose California; (4) proceeding with a non-judicial foreclosure sale as to the real property Situated in Santa Clara County California, described as 1999 Stone Avenue, San Jose, California, 95125, apn 456-11-043, without adequate proof to the court that the property will be sold for fair market value, including by the appointment of an appraiser, determining a fair market value, and setting 0f a minimum bid. (5) proceeding with a non-judicial foreclosure sale as to the real property situated in Santa Clara County California, described as 1999 Stone Avenue, San Jose, California, 95125, apn 456-11-043, without adequate proof to the court that statutory required notices have been provided. // EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b) Granting such other equitable relief as may be appropriate under the circumstances. This application is made on the grounds that Defendants are and have been acting in violation 0f law and public policy and on the further ground irreparable injury will result to Plaintiff during the pendency of the action. This application is based upon the Complaint on file in this action, all papers filed herein, and on the declaration(s) filed in support of this application. APPLICATION FOR TEMPORARY RESTRAINING ORDER PLAINTIFF FURTHER HEREBY APPLIES FOR A TEMPORARY ORDER restraining Defendants PG CAPITAL, LLC A SERIES OF REPJR INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY; FRANCES LAVINIA PAPAPIETRO, TRUSTEE OF THE FRANCES LAVINIA PAPAPIETRO SEPARATE PROPERTY TRUST DATED AUGUST 27, 2018, PLM LOAN MANAGEMENT SERVICES, INC. and her/ its agents, servants. employees, partners, and any person acting in concert with her/it. and each of them: a) from committing and/or performing the below-described acts during the pendency 0f this action and prior to a hearing 0n an order to show cause re preliminary injunction: proceeding with a non-judiciaI foreclosure sale as t0 the real property situated in Santa Clara County California, described as 1999 Stone Avenue, San Jose, California, 95125, apn 456-11-043; b) such other relief as may be appropriate under the circumstances. This application is made on the grounds that Defendants are and have been acting in violation of [aw and public policy and on the further ground irreparable injury will result to Plaintiff before the matter may be heard on this notice. This application is based upon the Complaint on file in this action, all papers filed herein, and on the declaration(s) filed in support ofthis application. NOTICE I declare under the penalty of perjury under the laws of the State of California that EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER 3 \OOOHON 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 the affected parties were notified, by telephone, before 10:00 AM. on business day before the submission of this ex pane application as follows: Plaintiff is informed and believes that Defendant PLM LOAN MANAGEMENT SERVICES, INC. is located at46 N Second Street, Campbell, California 95008, telephone (408) 370-4030, fax 370-5484, email Beth@p|mweb.com. Telephone notice was provided to Elizabeth Gobey. Plaintiffis informed and believes that Defendants PG CAPITAL, LLC A SERIES OF REPJR INVESTMENTS, LLC. A NEVADA LIMITED LIABILITY COMPANY; FRANCES LAVINIA PAPAPIETRO, TRUSTEE OF THE FRANCES LAVINIA PAPAPIETRO SEPARATE PROPERTY TRUST DATED AUGUST 27, 2018. are represented by Private Capital Investments, located at 6200 San Ramon Valley Boulevard, #202, Danville, CA 94526, and/or 600 San Ramon Valley Boulevard. Danville, CA 94526 and/or 3201 Danville Boulevard, Suite 170 Alamo, CA 94507, phone (925) 837-1314. email damon@privatecap.net and/or damon@perseverelending.com. Telephone notice was provided t0 Damon. This application is opposed. ROBERTS ‘zo ELLIOTT Law Corporation Attorneys for PlaintifiJ1999 Stone LLC DATED: Lq/ /g /?G By: Xfl/ JAME B TS Attorn aw EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER 4