Gonzalez v. Wells Fargo Bank et al

Filing 26

ORDER Granting re 25 Stipulation 1) Continue Hearing on Order To Show Cause Re Preliminary Injuction (contd. to 9-3-2009 at 3:00 p.m.); and 2) Extend Temporary Restraining Order, filed by Armando Gonzalez. Signed by Judge Marilyn Hall Patel on 8/13/09. (fj, COURT STAFF) (Filed on 8/14/2009)

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TRIAL & TECHNOLOGY LAW GROUP A PROFESSIONAL CORPORATION ROBERT A. SPANNER SBN 60308 545 MIDDLEFIELD ROAD, SUITE 220 MENLO PARK, CA 94025 PHONE: [phone] FAX: [phone] email - [e-mail] Attorney for Plaintiff ARMANDO GONZALEZ A

RMANDO GONZALEZ, W v. Plaintiff,

CASE NO. C09-03444 MHP

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WELLS FARGO BANK, et al., Defendants. ___________________________________/

HEREAS on July 28, 2009 Plaintiff filed an Application For Temporary Restraining Order and Motion For Preliminary Injunction; WHEREAS on August 3, 2009 the Court issued a Temporary Restraining Order and Order To Show Cause Re Preliminary Injunction; and WHEREAS a trustee's sale of Plaintiff's home is presently scheduled for September 2, 2009; The parties hereto, by and through their respective counsel, hereby stipulate and agree as follows: 1. The hearing on the Order To Show Cause Re Preliminary Injunction, presently

scheduled for August 13, 2009 at 3:00 p.m. shall be continued to September 1, 2009 at 3:00 p.m., or at such other time that the Court is available on that date; 2. Any opposition to the Order To Show Cause shall be filed and served by email no

later than August 24, 2009;

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3.

The Temporary Restraining Order issued by the Court on August 3, 2009 shall

remain in effect pending the hearing on the Order To Show Cause; 4. Defendant Wells Fargo will direct the Trustee, First American Loanstar Trustee

Services, to postpone the trustee's sale for not earlier than September 23, 2009; and 5. First American Loanstar Trustee Services will postpone the trustee's sale for not

earlier than September 23, 2009.

Dated: August 12, 2009 _______________

TRIAL & TECHNOLOGY LAW GROUP A Professional Corporation Attorneys for Plaintiff ARMANDO GONZALEZ /s/ Robert A. Spanner By: _____________________________________ Robert A. Spanner

Dated: August 12, 2009 _______________

SEVERSON & WERSON Attorneys for Defendant WELLS FARGO BANK /s/ Andrew W. Noble By: _____________________________________ Andrew W. Noble

Dated: _______________ 18 19 20 21 22 P 23

LAW OFFICES OF GLENN H. WECHSLER Attorneys for Defendant FIRST AMERICAN LOANSTAR TRUSTEE SERVICES By: _____________________________________ Glenn H. Wechsler

ursuant to Stipulation, IT IS SO ORDERED. The hearing on the Order To Show Cause 24 Re Preliminary Injunction, presently scheduled for August 13, 2009 at 3:00 p.m. shall be 25 26 27 28
Stip. & Proposed Order to Continue Hrg. On Order to Show Cause ­ Case No. C09-03444 MHP

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3 3:00 p.m. continued to September 1, 2009 at ______________.

August 13, 2009 Dated: __________________

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