GIANNELLI et al v. JP Morgan Chase

California Central District Court
Judge:Wesley L Hsu
Referred: Douglas F Mccormick
Case #: 8:24-cv-02474
Nature of Suit220 Real Property - Foreclosure
Cause28:1332 Diversity-Fraud
Case Filed:Nov 12, 2024
Last checked: Wednesday Nov 13, 2024 12:19 AM PST
Defendant
JP Morgan Chase
Movant
NEWREZ, LLC DBA SHELLPOINTE MORTGAGE SERVICING, A DELAWARE CORPORATION;
Plaintiff
Jeffrey GIANNELLI
Represented By
Marc Applbaum
Midway Law Firm Apc
contact info
Plaintiff
Lisa M Giannelli


Docket last updated: 11/15/2024 11:59 PM PST
Friday, November 15, 2024
14 14 order Temporary Restraining Order Fri 11/15 10:31 AM
(IN CHAMBERS) ORDER by Judge Wesley L. Hsu: The Court is in receipt of Plaintiffs' ex parte application to enjoin a trustee sale, which is scheduled for November 15, 2024 ("ex parte TRO"). (Docket No.13 ). To justify ex parte relief, the moving party must demonstrate that it is "without fault in creating the crisis that requires ex parte relief, or that crisis occurred as a result of excusable neglect." Mission Power Eng'g Co. v. Con'l Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995). Plaintiffs fail to show why they are without fault in creating conditions that led them to file an ex parte application less than 24 hours before the scheduled trustee sale. (See generally ex parte TRO). Additionally, Plaintiffs fail to meet their burden to demonstrate why they are entitled to the extraordinary remedy of a temporary restraining order. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20-24 (2008). The Court therefore DENIES the ex parte application for TRO. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc)
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Thursday, November 14, 2024
13 13 motion Temporary Restraining Order Thu 11/14 10:10 PM
First EX PARTE APPLICATION for Temporary Restraining Order as to 11 15-2024 Trustee Sale 9:00am filed by Plaintiff Jeffrey M. Giannelli. (Applbaum, Marc)
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Att: 1 Exhibit Exhibt/Attachment
12 12 notice Notice (Other) Thu 11/14 9:01 PM
Notice filed by Plaintiff Jeffrey M. Giannelli. Notice of Lis Pendens (Applbaum, Marc)
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11 11 notice Certificate/Notice of Interested Parties Thu 11/14 8:50 PM
First NOTICE of Interested Parties filed by Plaintiff Lisa M Giannelli, identifying Defendants. (Applbaum, Marc)
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10 10 notice Certificate/Notice of Interested Parties Thu 11/14 8:49 PM
First NOTICE of Interested Parties filed by Plaintiff Jeffrey M. Giannelli, identifying Defendants. (Applbaum, Marc)
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9 9 misc Civil Cover Sheet (CV-71) Thu 11/14 8:35 PM
AMENDED CIVIL COVER SHEET filed by Plaintiff Jeffrey M. Giannelli. (Applbaum, Marc)
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8 8 misc Civil Cover Sheet (CV-71) Thu 11/14 8:32 PM
AMENDED CIVIL COVER SHEET filed by Plaintiff Jeffrey M. Giannelli. (Applbaum, Marc)
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7 7 othcmp Amended Complaint/Petition Thu 11/14 8:30 PM
FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff Jeffrey M. Giannelli(Applbaum, Marc)
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6 6 othcmp Amended Complaint/Petition Thu 11/14 8:27 PM
FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff Lisa M Giannelli(Applbaum, Marc)
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Wednesday, November 13, 2024
5 5 notice Deficiency in Attorney Case Opening Wed 11/13 2:32 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening)1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): Attachment #1 Civil Cover Sheet, should not have been attached to Docket Entry No. 1. (et)
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4 4 notice Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form Wed 11/13 2:20 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et)
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3 3 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Wed 11/13 2:19 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
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2 2 notice Notice of Assignment to United States Judges (CV-18) - optional html form Wed 11/13 2:19 PM
NOTICE OF ASSIGNMENT to District Judge Wesley L. Hsu and Magistrate Judge Douglas F. McCormick. (et)
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Tuesday, November 12, 2024
1 1 cmp Complaint (Attorney Civil Case Opening) Tue 11/12 9:41 PM
COMPLAINT Receipt No: ACACDC-38567508 - Fee: $405, filed by Plaintiff Jeffrey GIANNELLI. (Attorney Marc Applbaum added to party Jeffrey GIANNELLI(pty:pla))(Applbaum, Marc)
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Att: 1 Civil Cover Sheet