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Declaration -Tim Mccandless Temporary Restraining Order15!11!11

Declaration -Tim Mccandless Temporary Restraining Order15!11!11

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Published by: tim7545 on Sep 09, 2011
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11/30/2012

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TIMOTHY L. MCCANDLESS, ESQ. SBN 147715LAW OFFICES OF TIMOTHY L. MCCANDLESS1881 Business Center Drive, Ste. 9ASan Bernardino, CA 902408Tel: 909/890-9192Fax: 909/382-9956Attorney for Plaintiff (s)ERIC SHOCKLEY and CHARLES FETTERS
SUPERIOR COURT OF THE STATE OF CALIFORNIAIN AND FOR THE COUNTY OF CONTRA COSTA
ERIC SHOCKLEY and CHARLESFETTERS,Plaintiff,V. NDEX WEST LLC, LLC; CHASE HOMEFINANCE LLC; LIME FINANCIALSERVICES LTD., a corporation;MORTGAGE ELECTRONICREGISTRATION SYTEMS; JP MORGANCHASE BANK N.A. As Attorney in Factfor U.S. BANK NATIONALASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUSTINC., ASSET-BACKED PASS-THROUGHCERTIFICATES, SERIES 2006-HE3;LONG BEACH MORTGAGECOMPANY; NEW CENTURY TITLECOMPANY; U.S. BANK NATIONALASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUSTINC., ASSET-BACKED PASS THROUGHCERTIFICATES, SERIES 2006-HE3 andDOES 1 through 50 inclusive,and DOES 1 through XX inclusiveDefendants.Case No.: C11-00865DECLARATION OF TIMOTHYMCCANDLESS RE MOTION RETEMPORARY RESTRAINING ORDER ANDINJUNCTION filed concurrently with NOTICEAND MOTION RE TEMPORARYRESTRAINING ORDER AND INJUNCTION;MEMORANDUM OF POINTS ANDAUTHORITIESDATE: 05/11/11TIME: 1:30 p.m.DEPT: 60
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DECLARATION RE TEMPORARY RESTRAINING ORDER 
 
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I, TIMOTHY L. MCCANDLESS represent the plaintiffs ERIC SHOCKLEY and CHARLESFETTERS. 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 andthe 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 atechnicality of the Proof of Service prepared by my staff. The preliminary injunctionhearing was denied not on the merits but because the proof of service was not filedwith the court in a timely manner. The court denied without prejudice and said that Iwould have to serve and do the motion again.3. The parties were indeed served via facsimile and via overnight express. It isobvious that the parties were served and had a choice whether or not to attend the EXParte Hearing because my office was contacted by the attorneys representingCITIGROUP and MERS. They also requested a continuance of all responsesincluding 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. Mystaff inadvertently checked the “personal service” box. My office had an agreementwith the parties they gave notice to in that everything would be faxed – the ex parteapplication 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 presenttime, we are waiting for counsel to inform us whether or not they are the ones that wewill be submitting the documents to.
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DECLARATION RE TEMPORARY RESTRAINING ORDER 

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