Order Ex ParteCal. Super. - 6th Dist.December 4, 2020#9330 flat): Io 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 23 ROBERTS -:- 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: jrobens@robertselliott.com Attorne s for Plaintiff 1999 S one LLC [N THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 1N AND FOR THE COUNTY OF SANTA CLARA 1999 STONE LLc. g Plaintiff, Case MQMVE’DFBQ9 v. ORDER To snow CAUSE RE PRELIMINARY nuuncnou AND PG CAPITAL, LLc A SERIES 0F TEMPORARY RESTRAMNG ORDER REPJR INVESTMENTS, LLO, 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. Defendants. é vv TO 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: Based on the application on flle herein and supporting declaratloms), DEFENDANTS PG CAPITAL. LLC A SERIES OF REPJR INVESTMENTS. LLC. A NEVADA LIMITED LIABILITYCOMPANY; FRANCES LAVINIA PAPAPIEFRO. TRUSTEE OF THE FRANCES LAVINIA PAPAPIETRO SEPARATE PROPERTY TRUST DATED ORDER T0 SHow cause RE PRELMNARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 1 \ooomoxu‘hmro 10 ll l2 13 l4 15 16 17 18 19 20 21 22 23 24 26 27 23 AUGUST 27, 2018, PLM LOAN MANAGEMENT SERVICES. INC. ISIARE HEREBY ORDEREDTOSHOWCAUSEat a cum on "SPA 2x , 2.on .or as soon thereafter as counsel may be heard in Department 12 of the above-enfitled Court. located at 191 North First Street, San Jose, California. why a preliminary injunction should not be granted pending trial against 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 PROPERTYTRUST DATED AUGUST27, 201 8. PLM LOAN MANAGEMENT SERVICES. lNC.. and her agents, servants, employeés, partners. and any person acting in concert with Itslher: a) from committing andlor performing the below-described acts during the pendency of 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 andlor 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 propeny 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 restriction on who may attend the sale: (3) proceeding with a non-judiclal foreclosure sale as to the real property situated in Santa Clara County Callfornia, described as 1999 Stone Avenue. San Jose, California, 95125, apn 45641-043. 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 456-1 1-043, without adequate proof to the court that the property will be sold for fair market value. including by the appointment ofan appraiser. determining ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 2AND TEMPORARY RESTRNNING ORDER L») WOOQON Io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9": 5 a fair market value, and setting of a minrmum bid. (5) proceeding with a non-judlclal 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. without adequate proof to the court that statutory required notices have been provided. b) Granting such other equitable relief as may be appropriate under the circumstances. TEMPORARY RESTRAINING ORDER IT [8 FURTHER ORDERED THAT DEFENDANTS PG CAPITAL, LLC A SERIES OF REPJR INVESTMENTS. LLC, A NEVADA LIMITED LIABILITYCOMPANY; FRANCES LAVlNlA PAPAPlETRO, TRUSTEE OF THE FRANCES LAVlNIA PAPAPIETRO SEPARATE PROPERTYTRUST DATED AUGUST 27, 201 8, PLM LOAN MANAGEMENT SERVICES, INC.. and her agents. servants, employees. partners, and any person acting in concert with ilslher. are hereby restrained pending the ruling and entry of order upon the ORDER TO SHOW CAUSE: From 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. This Order to Show Cause and supporting papers must be served on Defendantt no laterthan 9L“ \3 fis-befOLe-flqe-date-eet-feF-heafifig. and proofofservice shall be filed no laterthan D&r- \ 9 days-befere‘the-heeflng; opposition papers shall be filed zom1 and served no later thansmé $ days-befere-fhe-heaflng’ replylsur-reply papers shall be filed and served no later thanSn-J ‘5‘ days-before'tha‘heanng. DATED:12-5xo§2.am By; ’ E__._\=.. \c..-...mr-~.. JUDGE OF THE SUPERIOR COURT Peter H. Kirwan ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 3AND TEMPORARY RESTRAINING ORDER