CD-190ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

JACINTO S. GUTIERREZ726 N.IIOBART BLVD.LOS ANGELES, CA 900929

TELEPHONE NO.: 323-463-4841 FAX NO. (Optional):E-MAIL ADDRESS (Optional):

ATTORNEY fQR

PLAINTIFF: JACINTO S. GUTIERREZDEFENDANT: CHEVY CHASE BANK, CAPITAL ONE BANK, ET A

CD-200CASE NUMBER:

2. b. I / I Concealing or otherwise removing the following property in such manner as to make it less available to seizure by thelevying officer (describe):726 N. HOBART BLVD.LOS ANGELES, CA 90029I I Continued on Attachment 2b.

c. I / I Impairing the value of(1) the following property (describe):

726 N. HOBART BLVD.LOS ANGELES, CA 90029

I I Continued on Attachment 2c,(2) either by acts of destruction or fay failure to care for the property in a reasonable manner, including the following acts:

I I Continued on Attachment 2c.

d. I I Disposing of the proceeds from the transfer of any interest in(1) I I the following farm products held for sale or lease (describe):

I I Continued on Attachment 2d,(2) I I the following inventory (describe):

I I Continued on Attachment 2d,e. Number of boxes checked in item 2:

3. I I The clerk of this court is directed to attach a copy of plaintiffs undertaking to this order.4. This order will have no force or effect after (date): (Code Civ. Proc., 513.010(c), 527.)5. Number of pages attached:

Date: (JUDICIAL OFFICER)

I I Signature follows last attachment.

co-200 p.,. January 1,2oo8j TEMPORARY RESTRAINING ORDER(Claim and Delivery)

CD-200ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):JACINTO S. GUTIERREZ726 N.HOBART BLVD.LOS ANGELES, CA 90029

TELEPHONE NO.: 323-463-4841 FAX NO. (Optional);E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESSTREET ADDRESS:MAILING ADDRESS:

CITY AND ZJP CODE

BRANCH NAME:

PLAINTIFF: JACINTO S. GUTIERREZDEFENDANT: CHEVY CHASE BANK, CAPITAL ONE BANK, ET A

TEMPORARY RESTRAINING ORDER

W COURT USE ONLY

CASE NUMBER:

1. The application of plaintiff" (name): JACINTO S. GUTIERREZfor a temporary restraining order having been considered by the court, the court finds:a. Plaintiff has filed an undertaking as required by Code Civ. Proc., 515.010, in the amount of: $b. Plaintiff has established the probable validity of plaintiffs claim to possession of the following property (describe):

RESIDENTIAL HOME726 N. HOBART BLVD.LOS ANGELES, CA 90029

I I Continued on Attachment 1b.c. Plaintiff has established the probability that there is an immediate danger that the above-described property

! / ! may become unavailable to levy. I * I may become substantially impaired in value.IT IS ORDERED2, Defendant (name): CHEVY CHASE BANK, CAPITAL ONE BANK, TD SERVICE, MERS

is restrained from doing the following:a. I / I Transferring any interest by sale, pledge, or grant of security interest, or otherwise disposing of, or encumbering

(1) I / I the following property (specify):726 N.HOBART BLVD.LOS ANGELES, CA 90029

I I Continued on Attachment 2a.(2) I I except in the ordinary course of business, the following farm products held for sale or lease:

I I Continued on Attachment 2a.(3) I except in the ordinary course of business, the following inventory:

I I Continued on Attachment 2a.

* "Plaintiff" includes cross-complainant, and "defendant" includes cross-defendant.Page 1 of 2

Form Adopted fix MandaBxy UseJudicial Cound! of CaliforniaCD-200 IRev January 1. 2006)

TEMPORARY RESTRAINING ORDER(Claim and Delivery)

Code Civ. Proc., 513.010.513.020; 527

PLAINTIFF: JACINTO S. GUTIERREZDEFENDANT: CHEVY CHASR BANK, CAPITAL ONE BANK, ET AL

CD-190CASE NUMBER;

4. I.../. I Plaintiff requests the following restrictions on the disposition of the proceeds of a transfer of the property described in items2s or 2b in the ordinary course of business (specify):A temporary restraining order ("TRO") restraining and enjoiningDefendants: CHEVY CHASE BANK, CAPITAL ONE BANK, T.D. SERVICES, INC., MORTGAGEELECTRONIC REGISTRATIONS SYSTEMS and all of their officers, agents, servants, employees,and attorneys, and those persons in active concert or participation or privities with any of them, fromforeclosing and/or selling Plaintiffs property. JACINTO S. GUTIERREZ has a clear legal right toseek temporary and permanent injunctive relief as he resides in the real property of the subject matterherein, and Defendants are seeking, without satisfying the necessary legal standing requirements toinstitute a "Trustee sale" to take possession, custody and control of the property and ultimately removeJACINTO S. GUTIERREZ from his home.JACINTO S. GUTIERREZ has no adequate remedy at law to redress the harm complained of, and thesale of JACINTO S. GUTIERREZ property, under the circumstances of record, is contrary to equityand good conscience in that such sale is being instituted by parties who have no legal standing .

5. I / I Facts showing the probability that there is an immediate danger that the property referred to in item 2 may becomeunavailable to levy by reason of being transferred, concealed, or removed or may become substantially impaired in valueare specified I / I in the verified complaint. I ?"l in the attached declaration, I I as follows:JACINTO S. GUTIERREZ requests the Court issue an order immediately restraining Defendants fromselling, assigning, transferring, or conveying JACINTO S. GUTIERREZ' real property.

It is probable that JACINTO S. GUTIERREZ will prevail over Defendants after trial on the meritsherein because Defendants' fraudulent conduct is clearly evidenced by the facts and circumstancesalleged herein: specifically, Defendants' failure to provide Proof of Claim or to be the Creditor andHolder in Due Course.

Moreover, if JACINTO S. GUTIERREZ is not granted immediate relief, then harm to JACINTO S.GUTIERREZ is imminent, as he has discovered facts indicating that Defendants will continue towrongfully foreclose on said real property and deny JACINTO S. GUTIERREZ' right of due process,

6. Number of pages attached:.

! declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: 0 fl JC/A/5 ,

(TYPE OR PRINT PLAfNTiFFS NAME) / " ^ (PLAINTIFFS SIGNATURE)

CMS* (Rev. janu*y 1,2006] APPLICATION FOR TEMPORARY RESTRAINING ORDER(Claim and Delivery)

JACINTO S. GUTIERREZ726 N. HOBART BLVD.LOS ANGELES, CA 900929TEL 3234634841IN PROPRIA PERSONNA

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

IN AND FOR COUNTY OF LOS ANGELES

JACINTO S. GUTIERREZ, an individual,

Piaintiff,

vs.

CHEVY CHASE BANK,CAPITAL ONE BANK,TD SERVICES, INC,MORTGAGE ELECTRONICREGISTRATION SYSTEMS,

And DOES 1 Through 50 inclusive

Defendants

Case No. CV-

EX PARTE APPLICATIONFOR

TEMPORARY RESTRAININGORDER

ANDAPPLICATION FOR

TEMPORARY INJUNCTION(Assigned to the Hon. )

Pursuant to Federal Rules of Civil Procedure ("FRCP"), Rule 65(b) Plaintiff JACINTO S.

GUTIERREZ hereby applys exparte to this Court for:

2. A temporary restraining order ("TRO") restraining and enjoiningDefendants: CHEVY CHASE BANK, CAPITAL ONE BANK, T.D. SERVICES, INC.,

MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS and all of their officers, agents,

servants, employees, and attorneys, and those persons in active concert or participation or

privities with any of them, from foreclosing and/or selling Plaintiffs property. JACINTO S.

GUTIERREZ has a clear legal right to seek temporary and permanent injunctive relief as heresides in the real property of the subject matter herein, and Defendants are seeking, withoutsatisfying the necessary legal standing requirements to institute a "Trustee sale" to take

possession, custody and control of the property and ultimately remove JACENTO S.

GUTIERREZ from his home.

3. JACINTO S. GUTIERREZ has no adequate remedy at law to redress the harm

complained of, and the sale of JACINTO S. GUTIERREZ property, under the circumstances of

record, is contrary to equity and good conscience in that such sale is being instituted by parties

who has no legal standing to institute or maintain the trustee's sale, ab initio.

I. EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

4. JACINTO S. GUTIERREZ reaffirms and realleges the preceding paragraphs as if forth

fully set forth herein below.

5. Federal Rule of Civil Procedure 65 and Local Rule 65-1 authorize this Court to enter a

preliminary injunction or temporary restraining order. See Fed.R. Civ.P 65. The purpose of such

injunctive relief is to preserve the relative positions of the parties until a trial on the merits can be

conducted. See E. & J. Gallo Winery v. Andina Licores S.A., 446 F.3d 984, 990 (9th Cir. 2006);

LGS Architects, Inc. v. Concordia Homes, 434 F.3d 1150, 1158 (9th Cir. 2006).

6. JACINTO S. GUTIERREZ requests the Court issue an order immediately restraining

Defendants from selling, assigning, transferring, or conveying JACINTO S. GUTIERREZ' real

property.

7. It is probable that JACINTO S. GUTIERREZ will prevail over Defendants after trial on

the merits herein because Defendants' fraudulent conduct is clearly evidenced by the facts and

circumstances alleged herein: specifically, Defendants' failure to provide Proof of Claim or to be

the Creditor and Holder in Due Course.

8. Moreover, if JACINTO S. GUTIERREZ is not granted immediate relief, then harm to

JACINTO S. GUTIERREZ is imminent, as he has discovered facts indicating that Defendants

will continue to wrongfully foreclose on said real property and deny JACINTO S. GUTIERREZ'

right of due process,

9. Given Defendants' misrepresentations and omissions regarding the documents, JACINTO

S. GUTIERREZ is under reasonable apprehension that Defendants will sell, assign, transfer, or

convey JACINTO S. GUTIERREZ' assets before the trial of this case and without immediate

intervention by the Court. JACINTO S. GUTIERREZ will suffer irreparable injury if the

temporary injunction does not issue.10. Plaintiff has no adequate remedy at law because the damages that Defendants has caused,

and will continue to cause in the absence of a temporary restraining order, are nonrecoverable.

11. Due to the Defendants' recent conduct, along with the looming deadlines, there is not

enough time to serve notice on the Defendants and to hold a hearing on this Application

JACINTO S. GUTIERREZ has a well founded and significant fear that if Defendants are given

the time required for the notice and hearing, Defendants will fraudulently proceed with the

foreclosure of his real property causing irreparable harm by the Defendants' continued actions.

12. JACINTO S. GUTIERREZ requests this Court to set his Application for Temporary

Restraining Order for a hearing and after the hearing, issue a temporary restraining order against

Defendants.

II. APPLICATION FOR TEMPORARY INJUNCTION

13. JACINTO S. GUTIERREZ reaffirms and realleges the preceding paragraphs as if more

fully set forth herein below.

14. Plaintiff requests this Court to set the Application for Temporary Injunction for a hearingand after the hearing, issue a temporary injunction against Defendants.

15. Given Defendants' misrepresentations regarding their claim to be Creditor and Holder in

Due Course, Plaintiff is under reasonable apprehension that Defendants will unlawfully sell,

assign, transfer, or convey the real property of interest in this matter before the trial of this case.

Thus, Plaintiff will suffer irreparable injury if the temporary injunction does not issue.

16. It is likely JACINTO S. GUTIERREZ will succeed in any trial on the merits herein.

17. In order to preserve the status quo, JACINTO S. GUTIERREZ requests this Court issue a

temporary injunction to remain in effect until the trial of this case, preventing Defendants or

anyone working in concert with, under the direction of, or on behalf of Defendants from selling,

assigning, transferring, or conveying any of JACINTO S. GUTIERREZ' assets of real property

herein

18. If the requested temporary injunction is not entered, JACINTO S. GUTIERREZ will have

no adequate remedy at law or the Right to Due Process of Law.

III. APPLICATION FOR PERMANENT INJUNCTION

19. JACINTO S. GUTIERREZ reaffirms and realleges the preceding paragraphs as if more

fully set forth herein below.

20. JACINTO S. GUTIERREZ requests the Court to set the permanent injunction for a full

trial on the merits and after trial issue a permanent injunction against Defendants.

IV. ALL ELEMENTS HAS BEEN MET

21. JACINTO S. GUTIERREZ reaffirms and realleges the preceding paragraphs as if more

fully set forth herein below.

22. All four elements required for granting a Temporary Restraining Order and Injunctive

Relief has been met by Defendants' numerous criminal and/or fraudulent acts.

23. First Element (likelihood of success on the merits of JACINTO S. GUTIERREZ'

claims): It is well settled that JACINTO S. GUTIERREZ must establish a reasonable probability

of success on the merits, and not a certainty of success. Oburn v. Shapp, 521 F. 2d 142 (3rd Cir.

1975), In the instant case, JACINTO S. GUTIERREZ'S legally protected property rights are

clear and unambiguous. It is also clearly evident the Defendants' conduct set forth in JACINTO

S. GUTIERREZ' Complaint, Responses and Replies is wrongful and violates his legally

protected property rights. Accordingly, JACINTO S. GUTIERREZ'S Complaint, Responses and

Replies, and his Applications clearly establish a reasonable likelihood of success on the merits of

his claims.

24. Second Element (the denial of injunctive relief will result in irreparable harm to

JACINTO S. GUTIERREZ: It has been held that "in order to demonstrate irreparable harm,

Plaintiff must demonstrate potential harm which cannot be addressed by a legal or equitable

remedy following a trial." Instant Air Freight Co. v. CF. Airfreight, Inc., 882 F.2d 797 (3rd Cir.

1989). It is well settled that a deprivation of a person's legally protected property rights will

result in irreparable harm. In the instant case, Defendants' wrongful conduct has severally

invaded JACINTO S. GUTIERREZ'S legally protected property rights. Moreover, the harm

resulting from Defendants' wrongful conduct is continuing, making any assessment of monetary

damages even more uncertain and difficult. Accordingly, JACINTO S. GUTIERREZ'S

Complaint clearly establishes that a denial of injunctive relief will result in immediate and

continuing irreparable harm to him.

25. Third Element (that the granting of injunctive relief will not result in even greaterharm to the non-moving party): This is also clearly established in JACINTO S.

GUTIERREZ'S Complaint, Responses and Replies. No harm will result to Defendants should

injunctive relief be granted as Defendants, jointly and separately, has no lawful interest in

JACINTO S. GUTIERREZ'S property and Defendants has been paid in full numerous times,

inclusive of the sale of the Promissory Note, the "Bailout," TARP and the insurance payments

received based on his fraudulent claims to Defendants' insurance provider. JACINTO S.

GUTIERREZ clearly satisfied this element.

26. Fourth Element (the grant of injunctive relief is in the public interest): This, too, isclearly established in JACINTO S. GUTIERREZ'S Complaint, and Responses and Replies.

Defendants, jointly and separately, has committed felonious acts. In fact, the very documentsDefendants has filed into the public record are prima facie evidence of Defendants' crimes.

Defendants do not have any beneficial interest in JACINTO S. GUTIERREZ'S mortgage. R.K

Arnold, former CEO of Mortgage Electronic Registration Systems, the original beneficiary on

JACINTO S. GUTIERREZ'S Deed of Trust, has stated that Mortgage Electronic Registration

Systems does not have beneficial interest in any mortgage. The Kansas Supreme Court also

recently considered Mortgage Electronic Registration Systems (MERS). In Landmark National

Bank v. Kessler the court considered whether MERS was a necessary party in a Foreclosure

Action. This is important because it goes to the heart of MERS status and impacts how much

power MERS has to act on behalf of its members. By holding that MERS does not have an

interest in foreclosure actions, the Kansas Supreme Court called into question all MERS

operations in the state of Kansas.

27. Defendants' criminal and terrorist acts have deprived California in numerous ways. The

radical drop in property values caused by Defendants' criminal acts has caused an extreme

decline in revenues from property taxes and the increase need for "homeless" and other services,

which itself is an act of war against the State of California.

28. Defendants have filed fraudulent documents in order to proceed with illegal foreclosures

in the State of California.

V. SUMMARY

37. JACINTO S. GUTIERREZ reaffirms and realleges the preceding paragraphs as if set

forth more fully herein below.

38. Defendants have committed numerous criminal and/or fraudulent acts against the State of

California, the Body Politic, this Court and JACINTO S. GUTIERREZ in an attempt to foreclose

on real property illegally.

vn. CONCLUSION

41. JACINTO S. GUTIERREZ reaffirms and realleges the preceding paragraphs as if set

more fully set forth herein below.

42. If this Court does not grant Plaintiff request, this Court would be allowing Defendants to

foreclose on real property illegally.

WHEREFORE, JACINTO S. GUTIERREZ respectfully request that Defendants be

cited to answer and appear in this case. And this Court grant the following Relief:

A. Issue a Temporary Restraining Order immediately that will remain active until final

adjudication of this matter, restraining Defendants from:(1) Selling, assigning, transferring, or conveying real property in this instance;

(2) Grant a Temporary Injunction (after notice to Defendants) and an evidentiary

hearing restraining Defendants or anyone working in concert with, under the direction of,

or on behalf of the Defendants, jointly and/or separately, from:

(1) Selling, assigning, transferring or conveying any of the documents and/or

real property in this instance;

(2) Grant a Temporary Injunction after notice to Defendants, jointly and/or

separately, and an evidentiary hearing, restraining Defendants, or anyone working in

concert with, under the direction of, or on behalf of the Defendants, jointly and/or

separately, from selling, assigning, transferring or conveying any of the documents and/or

real property in this matter.

(3) For such other and further relief as may be just and proper.

RESPECTFULLY SUBMITTED this Q day of _ j 7 , 2011.

JACINTO S. GUTIERREZ, Plaintiff proper

VERIFIED STATEMENT

JACINTO S. GUTIERREZ, Plaintiff pro per, verifies that they are competent to state as to the

matters set forth herein and has first-hand knowledge thereof, and attests that to the best of his

knowledge and belief, such facts are true, correct and complete to the best of his knowledge and

belief, admissible as evidence, and if called upon as a witness, they will testify to his veracity.

JACINTO S. GUTIERREZ Plaintiff pro per

(Signed reserving all my rights under U.C.C. 1-308)

CERTIFICATE OF SERVICE

ORIGINAL for filing and COPY delivered to all parties, the Court and Judge this day

of ,2011.

JACINTO S. GUTIERREZ, Plaintiff pro per

(Signed reserving all my rights under U.C.C. 1-308)