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NICK PACHECO (BAR NO. 173391) nickpacheco@nickpachecolaw.com NICK PACHECO LAW GROUP, APC 15501 San Fernando Mission Blvd., Suite 110 Mission Hills, CA 91345 Telephone: (888) 888-8641 Facsimile: (800) 210-0028 Attorney for Plaintiffs, xxxxx

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA

xxxxxxxxxxxxxxxx, an individual; xxxxxxxxxxxxxxxxxxx, an individual, Plaintiffs vs. BANK OF AMERICA, N.A., successor in interest to COUNTRYWIDE HOME LOANS, INC., f/d/b/a AMERICAS WHOLESALE LENDER, a division of BANK OF AMERICA, N.A; BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, a subsidiary of BANK OF AMERICA, N.A., a Texas Corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., aka MERS., is a Delaware Corporation; RECONTRUST COMPANY N.A.; and DOES 1 through 100 Inclusive. Defendants. /// /// /// ///

Case No.:

[PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION

1 [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION

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ORDER TO SHOW CAUSE To defendants BANK OF AMERICA, N.A., successor in interest to COUNTRYWIDE HOME LOANS, INC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., RECONTRUST COMPANY N.A: You are ordered to appear on August 19, 2011 at 2:30 p.m. in Department 516 of the Superior Court of California, County of Alameda - located at Hayward Hall of Justice, 24405 Amador Street, Hayward, CA 94544 to show cause why a preliminary injunction should not be ordered restraining and enjoining you and your agents, servants, employees, representatives, and anyone acting on your behalf or at your direction and control from engaging in, committing, permitting, or performing, directly or indirectly, any act foreclosing and/or selling Plaintiffs real property commonly known as xxxxxxxxxxxxxxxxxxxxxxxxxxxx; with an APN number of xxxxx-xxxxxx-008 pending trial in this action.

TEMPORARY RESTRAINING ORDER Pending hearing on the Order to Show Cause, you and your agents, servants, employees, representatives, and anyone acting on your behalf or at your direction and control are restrained and enjoined from engaging in, committing, permitting, or performing, directly or indirectly, any act foreclosing and/or selling Plaintiffs real property commonly known as xxxxxxxxxxxxxxxxxxxxxxxxx; with an APN number of xxxx-xxxx-008.

IT IS FURTHER ORDERED THAT: 1. This Order to Show Cause and Temporary Restraining Order and supporting papers shall be served on defendants by personal service/facsimile transmission/overnight mail no later than July 29, 2011at 5:00 p.m. Proof of such service shall be filed at least five (5) court days prior to the hearing.

2 [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION

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2. Any opposition papers to the Order to Show Cause shall be filed and served on plaintiffs by personal service/facsimile transmission/overnight mail no later than August 8, 2011 at 5:00 p.m. 3. Any reply papers to the opposition shall be filed and served on defendants by personal service/facsimile transmission/overnight mail no later than August 15, 2011 at 5:00 p.m. 4. Parties are to lodge courtesy copies of all filings in Department 516 on the same date the filing of papers are required.

Date: July 25, 2011

_______________________________________ Honorable Brenda Harbin-Forte Judge of the Superior Court

3 [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION