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,UPERIC)R COiRT OF CAUFORNIA
COUNTY OF RIVERSIDE
OCT 09 2012
D. Clements
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF RIVERSIDE
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LAURA COX, et al.,
Plaintiffs,
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CaseNo.
[PRIIFiI!EDI ORDER TO SHOW CAUSE
V.
CERTIFIED FINANCIAL PROTECTION
GROUP, LLC, et al.,
Defendants.
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fPfrID1
ORDER TO SHOW CAUSE
Upon consideration of Plaintiffs’ Ex Pane Application for a Temporary Restraining
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Order and Order to Show Cause for a Preliminary Injunction, and all supporting papers filed
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therewith, against Defendants Certified Financial Protection Group, LLC; Financial Hope for
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America, Inc.; Safehouse 911, LLC, dlb/a Safehouse Professional Mortgage Restructuring 911;
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U.S. Financial Advantage; Michael 13. Wayman, and Donald Brokaw (collectively
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“Defendants”), the Court grants Plaintiffs’ application for an Order to Show cause against the
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Defendants.
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IT IS HEREBY ORDERED that the Defendants, and each of them, appear in this Court
in Department
at
/
on
2012 to show cause
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q
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,
why they should not be enjoined and restrained during the pendency of this action from engagi
ng
in, committing, or performing, directly or indirectly, the following actions:
1.
Marketing, advertising, offering, selling or carrying out Mortgage Assistance
Relief Services, or aiding and abetting the marketing, advertising, offering, selling or
canying
out of Mortgage Assistance Relief Services;
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a. the term “Mortgage Assistance Relief Services” shall mean any service, plan or
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program offered or provided to the consumer in exchange for consideration, that
is
represented, expressly or by implication, to assist or attempt to assist the consum
er with
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any of the following:
i. Stopping, preventing or postponing any mortgage or deed of trust
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foreclosure sale for the consumer’s dwelling, any repossession of the
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consumer’s dwelling or otherwise saving the consumer’s dwelling from
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foreclosure or repossession;
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ii. Negotiating, obtaining or arranging a modification of any term of a
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dwelling loan, including a reduction in the amount of interest, principal
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balance, monthly payments or fees;
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iii. Obtaining any forbearance or modification in the timing of payments
from
any dwelling loan holder or servicer on any dwelling loan;
iv. Negotiating, obtaining, or arranging any extension of the period of time
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[FIUPO6UD]
ORDER TO SHOW CAUSE
within which a consumer may:
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1. Cure his or her default on a dwelling loan,
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2. Reinstate his or her dwelling loan,
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3. Redeem a dwelling, or
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4. Exercise any right to reinstate a dwelling loan or redeem a
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dwelling;
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v. Obtaining any waiver of an acceleration clause or balloon payment
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contained in any promissory note or contract secured by any dwelling; or
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vi. Negotiating, obtaining, or arranging:
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1. A short sale of a dwelling,
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2. A deed-in-lieu of foreclosure, or
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3. Any other disposition of a dwelling other than a sale to a third
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party who is not the dwelling loan holder;
2.
Owning, managing, operating, creating or assisting in the creation of any entity
that markets, advertises, offers, sells or carries out Mortgage Assistance Relief Services;
3.
Being employed by, or serving as a consultant to, any person or entity that sells or
carries out Mortgage Assistance Relief Services;
4.
Engaging in unfair competition as defined in Business and Professions Code
section 17200, including but not limited to:
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a. Charging consumers an upfront fee for Mortgage Assistance Relief Services;
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b. Misrepresenting to consumers the nature and mechanics of Mortgage Assistance
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Relief Services;
c. Falsely promising to engage in negotiations with consumers’ mortgage lenders or
servicers;
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d. Misrepresenting the progress of loan modification applications;
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e. Falsely representing that refunds would be issued if the offered Mortgage Relief
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Assistance Services did not succeed;
f. Encouraging consumers to stop paying their monthly mortgage payments and/or
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ORDEK
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communicating with their lenders or servicers; and
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g. Forming a business or organizational entity or operating as a “doing business as”
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organization as a method of evading consumers.
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5.
Engaging in advertising, marketing or promoting its services and products in a
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false, materially misleading or deceptive manner in the State of California under Business and
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Professions Code section 17200 and/or section 17500;
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the appropriate licenses;
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Engaging in the operation of any business or practice or sales of goods without
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Engaging in any business or commercial activity without a legally registered and
incorporated entity;
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efendants’ as
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oney, stocks, property, real pro
er assets that could be used
satisf’ a judgment; and
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Disposing, selling, transferring, or otherwise encumbering any of
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e
D
selling, transferring, or o
bering any of the Individual
anti’ real property, stocks, or any other significant asset that could be us
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IT IS FURTHER ORDERED that:
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1.
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Plaintiffs shall serve this order to show cause on Defendants in the following time
and manner:
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2.
Proof of service must be delivered to the court hearing the order to show cause
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3.
Briefing shall be pursuant to statute.
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4.
This Order shall expire on:
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on:
If
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IT IS SO ORDERED
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OCT 0 9 2012
A. OttOHa
Dated:
Judge of the Superior Court
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ORDE.
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PROOF OF SERVICE
Cox v. Certified Financial Protection Group. LLC, et al.
Riverside County Superior Court Case No. RIC 1214494
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I am employed in the County of San Diego, State of California. I am over the age
of 18 years and not a party to this action. My business address is Latham & Watkins LLP, 600
West Broadway, Suite 1800, San Diego, CA 92101-3375.
On October 9, 2012, I served the following documents described as:
ORDER TO SHOW CAUSE
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by serving a true copy of the above-described document in the following manner:
BY U.S. MAIL
I am familiar with the office practice of Latham & Watkins LLP for collecting and
processing documents for mailing with the United States Postal Service. Under that practice, documents
are deposited with the Latham & Watkins LLP personnel responsible for depositing documents with the
United States Postal Service; such documents are delivered to the United States Postal Service on that
same day in the ordinary course of business, with postage thereon fully prepaid. I deposited in Latham &
Watkins LLP’ interoffice mail a sealed envelope or package containing the above-described document
and addressed as set forth below in accordance with the office practice of Latham & Watkins LLP for
collecting and processing documents for mailing with the United States Postal Service:
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Michael B. Wayman
32330 Avalon Lane
Menifee, CA 92584
Donald Brokaw
28432 Carmine Circle
Menifee, CA 92584
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Individually and as Owners/Offices of:
Individually and as Owners/Offices of:
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Certified Financial Protection Group, LLC
Financial Hope for America, Inc.
Safehouse 911, LLC
U.S. Financial Advantage
Certified Financial Protection Group, LLC
Financial Hope for America, Inc.
Safehouse 911, LLC
U.S. Financial Advantage
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I declare that I am employed in the office of a member of the Bar of, or permitted
to practice before, this Court at whose direction the service was made and declare under penalty
of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on October 9, 2012 at San Diego, California.
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e Wright
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LATH AM SWAT K I N S
ATTORNEYS AT LAW
SAN DIEGO
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PROOF OF SERVICE