Villatoro et al v. Citibank, N.A.

Filing 69

ORDER GRANTING PRELIMINARY INJUNCTION (whalc2, COURT STAFF) (Filed on 9/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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MARIA VILLATORO and JOSE VICTOR
VILLATORO,
Plaintiffs,

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No. C 12-03093 WHA

ORDER GRANTING
PRELIMINARY INJUNCTION

v.
CITIBANK, N.A., as trustee for American Home
Mortgage Assets Trust 2006-4, Mortgage-Backed
Pass Through Certificates Series 2006-4,
Defendant.

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/

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Having considered the parties’ submission and following a full hearing, it is hereby
ordered that a preliminary injunction shall issue. Subject to further order of the Court,
DEFENDANT CITIBANK IS ENJOINED from

proceeding with its action for unlawful detainer in

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Contra Costa County Superior Court Case No. WS12-0194, evicting plaintiffs from the property

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(3376 Ashbourne Circle, San Ramon, County of Contra Costa, California 94583), and/or taking

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possession of the property subject to the following conditions:

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(1) BY SEPTEMBER 17TH AT NOON, plaintiffs must deposit the sum of $118,000 with the

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Registry of the Court, located at 450 Golden Gate Avenue, 16th floor, San Francisco, CA

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94102-3489.

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(2) ON THE FIRST BUSINESS DAY OF THE MONTH, plaintiffs must deposit $6,500 with the

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Registry of the Court, commencing on November 1, 2012 and continuing each month thereafter,
until further order.

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(3) The above payments can be made by check, cash, or money order, and can be

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delivered by mail or in person. On the same day that any payment is made, plaintiffs must file a

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notice via ECF stating the date and exact amount delivered.

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The preliminary injunction shall be automatically withdrawn if plaintiffs fail to meet the
forgoing conditions.

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IT IS SO ORDERED.

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Dated: September 6, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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