Davis v. Wells Fargo Bank, National Association, Trustee, As Trustee for Series HBV 2007-3 et al

Filing 37

STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION re 35 Stipulation filed by Estell Davis. Signed by Judge Phyllis J. Hamilton on 3/29/10. (nah, COURT STAFF) (Filed on 3/29/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TRIAL & TECHNOLOGY LAW GROUP A PROFESSIONAL CORPORATION ROBERT A. SPANNER SBN 60308 3723 HAVEN AVENUE, SUITE 132 MENLO PARK, CA 94025 PHONE: [phone] FAX: [phone] email - [e-mail] Attorney for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ESTELL DAVIS, v. Plaintiff,

CASE NO. 10-CV-00489 PJH STIPULATED PRELIMINARY INJUNCTION; [PROPOSED] ORDER

WELLS FARGO BANK, et al., Defendants. ___________________________________/ WHEREAS a trustee's sale of Plaintiff's home is presently scheduled for April 29, 2010; WHEREAS on March 5, 2010 Plaintiff filed a Motion For Preliminary Injunction seeking an injunction against Defendants from taking the following actions: a) depriving Plaintiff Estell Davis of possession or ownership of the real property located at 861 22nd Street, Oakland, CA 94607 (Alameda County) ("Plaintiff's home"); b) instituting, prosecuting or maintaining foreclosure on or sale of Plaintiff's home; or c) recording any deeds or mortgages regarding Plaintiff's home, or making adverse reports to credit reporting agencies regarding Plaintiff; WHEREAS the parties have met and conferred regarding the necessity of holding a hearing on Plaintiff's Motion For Preliminary Injunction, Pursuant to Civ. L.R. 7-12, the parties hereto, by and through their counsel, stipulate and agree as follows:
Stipulated Prelim. Injunction ­ Case No. 10-CV-00489 PJH

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1.

During the pendency of this case, GMAC Mortgage, LLC will not take the

following actions, and will direct the foreclosure trustee and the loan servicer to refrain from taking the following actions: a) depriving Plaintiff Estell Davis of possession or ownership of the real property located at 861 22nd Street, Oakland, CA 94607 (Alameda County) ("Plaintiff's home"); b) instituting, prosecuting or maintaining foreclosure on or sale of Plaintiff's home; or c) recording any deeds or mortgages regarding Plaintiff's home, or making adverse reports to credit reporting agencies regarding Plaintiff; 2. 3. Plaintiff shall not be required to post a bond. Plaintiff shall request that the Court take the hearing on Plaintiff's Motion For

Preliminary Injunction off calendar. March 25, 2010 Dated: __________________

TRIAL & TECHNOLOGY LAW GROUP A Professional Corporation Attorneys for Plaintiff ESTELL DAVIS /s/ Robert A. Spanner By _______________________________ Robert A. Spanner

March 22, 2010 Dated: __________________

WOLFE & WYMAN, LLP Attorneys for Defendant GMAC MORTGAGE, LLC /s/ Brian H. Gunn By _______________________________ Brian H. Gunn

Stipulated Prelim. Injunction ­ Case No. 10-CV-00489 PJH

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulated Prelim. Injunction ­ Case No. 10-CV-00489 PJH

ORDER Pursuant to Stipulation, IT IS SO ORDERED.

3/29/10 Dated: __________________

_________________________________E_________ R_D UNITED STATES DISTRICTORDE JUDGE COURT S SO
yllis J. udge Ph Hamilto n

UNIT ED

S

S DISTRICT TE C TA

RT U O

J

ER

N

D IS T IC T R

OF

3

A

C

LI

FO

R NIA

IT I

NO

RT

H

EXHIBIT 1

1. During the pendency of

this case, GMAC Mortgage, LLC wil not take the

2 following actions, and will direct the foreclosure trustee and the loan servicer to refrain from
3 taking the following actions:

4
5

a)

depriving Plaintiff

Estell Davis of

possession or ownership of

the real property

located at 861 22nd Street, Oakland, CA 94607 (Alameda County) ("Plaintiffs
home");
b)
instituting, prosecuting or maintaining foreclosure on or sale of

6 7
8

Plaintiffs home;

or
c)

9
10
11

recording any deeds or mortgages regarding Plaintiff s home, or making adverse
reports to credit reporting agencies regarding Plaintiff;

2.
3.

Plaintiff shall not be required to post a bond.

12

Plaintiff shall request that the Court take the hearing on Plaintiffs Motion For

13 Preliminary Injunction off calendar.
14

15 Dated:
16

TRIAL & TECHNOLOGY LAW GROUP A Professional Corporation Attorneys for Plaintiff ESTELL DAVIS

17
18

By
19

Robert A. Spanner

20
21

22

Dated: ~1211 w
23
I

24
25 26

27
28
Stipulated Prelim. Injunction -

2

Case No. IO-CV-00489 PJH