Cruz et al v. JP Morgan Chase Bank, National Association et al

Filing 7

ORDER REGARDING PLAINTIFFS 3 EMERGENCY EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER. Signed by Judge Claudia Wilken on 6/21/2012. (ndr, COURT STAFF) (Filed on 6/21/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARMIE CUA CRUZ; and FLORO LORENZO
CRUZ, JR.,

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United States District Court
For the Northern District of California

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ORDER REGARDING
PLAINTIFFS’
EMERGENCY EX PARTE
APPLICATION FOR A
TEMPORARY
RESTRAINING ORDER
(Docket No. 3)

Plaintiffs,

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No. C 12-3219 CW

v.
JP MORGAN CHASE BANK, NATIONAL
ASSOCIATION, as successor in
interest to WASHINGTON MUTUAL
BANK F.A.; QUALITY LOAN SERVICE
CORPORATION; CALIFORNIA
RECONVEYANCE COMPANY; and DOES
1-100,
Defendants.
________________________________/

Plaintiffs Armie Cua Cruz and Floro Lorenzo Cruz, Jr. have
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submitted an emergency ex parte application for a temporary
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restraining order and preliminary injunction.

Plaintiffs seek to

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prevent Defendant JP Morgan Chase Bank, National Association, its
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agents, employees, successors, attorneys and all persons in active
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concert and participation with it from engaging in any act to
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deprive Plaintiffs of, or foreclose upon, the real property
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located at 23 Pinnacle Street in South San Francisco, California,
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including by enforcing a writ of possession on June 21, 2012.
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Plaintiffs have not made a sufficient showing to obtain an ex
parte temporary restraining order.

Among other things, Plaintiffs

have not submitted evidence supporting the existence of a writ of
possession for the subject property or that Defendant intends to
enforce such a writ on June 21, 2012.

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The Court will defer ruling on Plaintiffs’ motion until

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Defendant has an opportunity to respond.

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proof of the date and time that they has served Defendant with

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their complaint, motion for a temporary restraining order,

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supporting declaration and exhibits and this Order.

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shall file a response to Plaintiffs’ motion for a temporary

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restraining order by 12:00 p.m. three court days after it has been

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served with the aforementioned documents.

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wish, file a reply by 12:00 p.m. the following court day.

United States District Court
For the Northern District of California

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Plaintiffs must file

Defendant

Plaintiffs may, if they

The Court will take the matter under submission on the papers

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and schedule a hearing on Plaintiffs’ motion for a preliminary

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injunction as appropriate.

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IT IS SO ORDERED.

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Dated: 6/21/2012

CLAUDIA WILKEN
United States District Judge

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