Robert De Vico v. U S Bank N A et al
| Robert De Vico |
| Does, ETS Services LLC, GMAC Mortgage U S A Corporation and U S Bank N A |
| 2:2012cv08440 |
| October 2, 2012 |
| US District Court for the Central District of California |
| Margaret M. Morrow |
| Frederick F. Mumm |
| Real Property: Foreclosure |
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Filing
117
JUDGMENT by Judge Margaret M. Morrow, Related to: Stipulation for Judgment 115 . (ah)
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Filing
32
PRELIMINARY INJUNCTION ORDER by Judge Margaret M. Morrow: Based on its finding that plaintiff had demonstrated a likelihood of success on the merits of his claim that defendants violated California Civil Code § 2923.5, and the possibility of irr eparable harm, the court granted plaintiff's motion for a preliminary injunction to enjoin defendants from foreclosing on his home. FINDINGS OF FACT AND CONCLUSIONS OF LAW: Pursuant to Rules 52 and 65 of the Federal Rules of Civil Procedure, the court adopts as the findings of fact and conclusions of law supporting its entry of a preliminary injunction its order granting plaintiffs' motion for a preliminary injunction dated October 29, 2012. A copy of the courts October 29, 2012 order is attached hereto as Exhibit "A," and incorporated herein as though fully set forth. PRELIMINARY INJUNCTION: In accordance with the courts findings of fact and conclusions of law, IT IS HEREBY ORDERED that during the pendency of this acti on, defendants are enjoined from foreclosing on plaintiff's house. This injunction is effective immediately upon proof that by 10:00 a.m. on October 30, 2012, plaintiff has placed $3,000 in the trust account of defendants' attorney. Plaintiff must place $3,000 in the trust account on the first of every month thereafter, beginning December 1, 2012, until this matter is resolved. (bm)
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