In the Superior Court of California
Total Page：16
File Type：pdf, Size：1020Kb
1 IN THE SUPERIOR COURT OF [PROPERTY STATE]
2 IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF [PROPERTY STATE]
3
4
5 [Plantiff] CASE NO.:
6 [Plaintiff Street Address]
7 [Plantiff City, State, Zip] EX PARTE MOTION FOR AN
8 Plaintiff, ORDER SHORTENING TIME
9 v.
10 [Lender/Servicer]
11 [Trustee]
12 and Does 1 through 50
13 Defendant.
14
15 EX PARTE MOTION FOR AN ORDER SHORTENING TIME 16 Plaintiff, [PLAINTIFF] in Proper Person, hereby files her Ex Parte Motion for an 17 Order Shortening Time, and requests that this Court shorten the time in which to hear her Motion for Injunctive Relief which was filed on [Date Injunctive Relief 18 Filed]. 19 This application is based upon the pleadings and papers on file and the affidavit of 20 Plaintiff 21 attached to this motion.
22 DATED this ____ day of ______, 20______
23
24 Respectfully Submitted:
25
26 ______27 [PLAINTIFF] Plaintiff 28 AFFIDAVIT OF MOVANT IN SUPPORT OF EX PARTE 1 MOTION FOR AN ORDER SHORTENING TIME 2
3 STATE OF [PROPERTY STATE] ) ) SS 4 COUNTY OF [PROPERTY COUNTY])
5 I, [PLAINTIFF], first duly sworn upon oath, deposes and says as follows: 6 I am the Plaintiff in the above-entitled action. I have personal knowledge of the facts 7 contained herein and am competent to testify to these facts. 8 1. I filed my Motion for an Injunctive Relief on [Date Injunctive Relief Filed]. I was 9 given a hearing date of ______at ______.
10 2. There is an emergency that cannot wait until that date to be heard. The emergency 11 is because the Plaintiff’s property located at [Property Address] is scheduled to be 12 sold at a Trustee sale auction on [Trustee Sale Date] at [Trustee Sale Time].
13 3. There are significant evidence of fraud as well as questions regarding the 14 Defendant’s right of enforcement in regards to the foreclosure action.
15 4. There are significant controversy and case law present that must be resolved before the sale can take place. 16
17 5. The Plaintiff requests this Honorable Court’s adjudication of the matter presented in the pleadings for this case. 18 6. Moving forward with the Trustee sale without proper due process will result in 19 irrevocable damage to the Plaintiff. 20 7. Whereas if the Defendant can provide valid proof of claim, they can still proceed 21 with their foreclosure action.
22 8. If the sale were to be allowed to proceed without the Injunctive Relief, Plaintiff 23 intends to file a civil suit for wrongful foreclosure, further adding to the burden of this Honorable Court. 24 9. The Plaintiff and the Defendant are both entitled to a fair trial and be heard on this 25 matter. 26 10.Failure to allow discovery will amount to open theft by the Defendant (as defined as 27 taking property one does not have the right or ownership to). Theft is not in the public interest. 28 11.This Ex Parte Motion for an Order Shortening Time is made in good faith. 1
2
3
4
5 (Your signature)______6 SUBSCRIBED and SWORN to before me this ______day of July, 2010. 7
8 ______NOTARY PUBLIC 9
10
11 My commission expires: 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 1 IN THE SUPERIOR COURT OF [PROPERTY STATE]
2 IN AND FOR [PROPERTY COUNTY] COUNTY, STATE OF [PROPERTY STATE]
3
4
5 [Plantiff] CASE NO.:
6 [Plaintiff Street Address]
7 [Plantiff City, State, Zip] ORDER FOR SHORTENING TIME
8 Plaintiff,
9 v.
10 [Lender/Servicer]
11 [Trustee]
12 and Does 1 through 50
13 Defendant.
14
15 ORDER FOR SHORTENING TIME 16
17 Upon the application of the Plaintiff, appearing in Proper Person, and for 18 good cause appearing therefore. 19 It is HEREBY ORDERED that the time for hearing the Plaintiff’s Motion for an Injunctive Relief Barring Sale is hereby shortened and shall be heard on the ______day of 20 ______, ______at the hour of ______o’clock ____.m. in Department ______. 21
22 DATED: this ______day of July, 2010.
23 ______24 SUPERIOR COURT JUDGE
25 Respectfully Submitted: 26
27 ______[PLAINTIFF] 28 Plaintiff 1 CERTIFICATE OF SERVICE
2 Case #:
3
4 I HEREBY CERTIFY that a true and correct copy of the Ex Parte Motion for an
5 Order Shortening Time and foregoing has been furnished by certified mail to:
6
7 [Registered Agent for Lender]
8
9
10 This ______day of , 20______11
12
13
14 ______15 [Plaintiff] 16
17
18
19
20
21
22
23
24
25
26
27
28