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TIMOTHY L. MCCANDLESS, ESQ. SBN 147715 LAW OFFICES OF TIMOTHY L. MCCANDLESS 1881 Business Center Drive, Ste. 9A San Bernardino, CA 902408 Tel: 909/890-9192 Fax: 909/382-9956 Attorney for Plaintiff (s) ERIC SHOCKLEY and CHARLES FETTERS SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA ERIC SHOCKLEY and CHARLES FETTERS, Plaintiff, V. Case No.: C11-00865 DECLARATION OF TIMOTHY MCCANDLESS RE MOTION RE TEMPORARY RESTRAINING ORDER AND INJUNCTION filed concurrently with NOTICE AND MOTION RE TEMPORARY RESTRAINING ORDER AND INJUNCTION; MEMORANDUM OF POINTS AND AUTHORITIES

NDEX WEST LLC, LLC; CHASE HOME FINANCE LLC; LIME FINANCIAL SERVICES LTD., a corporation; MORTGAGE ELECTRONIC REGISTRATION SYTEMS; JP MORGAN DATE: 05/11/11 CHASE BANK N.A. As Attorney in Fact TIME: 1:30 p.m. for U.S. BANK NATIONAL DEPT: 60 ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006HE3;LONG BEACH MORTGAGE COMPANY; NEW CENTURY TITLE COMPANY; U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2006-HE3 and DOES 1 through 50 inclusive, and DOES 1 through XX inclusive Defendants.

1 of 3 _____________________________________________________________________________ DECLARATION RE TEMPORARY RESTRAINING ORDER

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I, TIMOTHY L. MCCANDLESS represent the plaintiffs ERIC SHOCKLEY and CHARLES FETTERS. I have personal knowledge of the facts contained herein and declare: 1. An attorney appeared for my office and the April 14, 2011 Ex Parte Hearing and the court granted the restraining order to postpone the sale of the home. 2. I am compelled to request the court to hear this matter once again due to a technicality of the Proof of Service prepared by my staff. The preliminary injunction hearing was denied not on the merits but because the proof of service was not filed with the court in a timely manner. The court denied without prejudice and said that I would have to serve and do the motion again. 3. The parties were indeed served via facsimile and via overnight express. It is obvious that the parties were served and had a choice whether or not to attend the EX Parte Hearing because my office was contacted by the attorneys representing CITIGROUP and MERS. They also requested a continuance of all responses including postponing the trustee sale up to June 10, 2011. 4. I plead with the court to go beyond the technicalities of the Proof of Service. My staff inadvertently checked the personal service box. My office had an agreement with the parties they gave notice to in that everything would be faxed the ex parte application and the order. 5. My client paid the bond imposed by the court timely. They are submitting their loan documents to defendant lender to qualify for a loan modification. At the present time, we are waiting for counsel to inform us whether or not they are the ones that we will be submitting the documents to.

2 of 3 _____________________________________________________________________________ DECLARATION RE TEMPORARY RESTRAINING ORDER

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6. Again, before the court issued the tentative ruling, our offices had agreed to a continuance to stipulate to continue everything up to June 10, 2011. 7. My clients, who are Senior Citizens, have medical ailments, would suffer severe irreparable harm if the court ignores the legitimate and valid causes of action of this wrongful foreclosure in that they would lose their home of 17 years. There are triable issues of fact that need to be addressed in litigation and on behalf of my clients, I request that the court at least explore these allegations and give my clients the time to qualify for a loan modification which theyve been attempting to achieve for a long time. I declare under penalty of perjury that the foregoing is true and correct. Executed this 10th day of May, 2011 at Martinez, California.

____________________________________________ TIMOTHY L. MCCANDLESS

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