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Jeffrey S.

Newton
5446 Hermitage Avenue
Valley Village, CA 91607
(248) 694-1400
JEFFREY S. NEWTON, IN PRO PER

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE

JEFFREY S. NEWTON, ESTATE OF JOYCE )A.Case No.: 30-2011-00469301-CU-EN-CJC


NEWTON (Deceased), )
) EX PARTE APPLICATION FOR ORDER
Plaintiffs, ) TO CONTINUE NOVEMBER 5, 2014
) MOTION OF JUDGMENT DEBTOR
vs. ) THOMAS PATRICK FREYDL (TO
) VACATE CALIFORNIA JUDGMENT);
THOMAS PATRICK FREYDL, ind. and ) MEMORANDUM OF POINTS AND
D/B/A FREYDL & ASSOCIATES, ) AUTHORITIES, AFFIDAVIT OF JEFFREY
) S. NEWTON; PROPOSED ORDER
Defendants )
) Date: Friday, October 3, 2014
) Time: 8:30 a.m.
) Location: Dept.
) Judge: Hon. Franz E. Miller
) Date Action Filed: April 21, 2011
)

Plaintiff Jeffrey S. Newton applies to this court, ex parte,1 and moves for and Order to continue

Defendant/Judgment Debtor Thomas Patrick Freydls Motion to Vacate Sister State Consent Judgment,

which, on October 1, Freydl unilaterally and spontaneously rescheduled to November 5, 2014 from its

original October 21, 2014 date.

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As discussed infra, there is insufficient time to file and have the Court hear a noticed motion and still
prevent the irreparable harm that Newton seeks to avoid.

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This motion seeks to avoid the irreparable harm of Freydl using this Honorable Court as a proxy

an instrumentality of his grand theft of Newtons life savings and continuing the fraud on the Michigan

Court in this Court.

The motion will be based on this notice of motion, on the declaration of Jeffrey S. Newton, and

the supporting memorandum served and filed herewith, on the records and file herein, and on such

evidence as may be presented at the hearing of the motion.

Newton has previously scheduled a return trip to Michigan, which he now needs to expedite

forthwith. Newton was not desirous of adjourning the October 1, 2014 Hearing on Contempt of Freydl

& Gamarra, because Newton is a Michigan resident and needs to return to Michigan while the weather

is acceptable. He needs to sell furniture that he has in storage and also to visit his brother in upstate

New York, whom he has not seen for nearly two years. Newton suffers from Reynauds Phenomenon

and agonizes in cold weather, and needs to return back East now, not in mid-November (he travels by

Amtrak). Freydl seized upon this statement (he was emailed a motion containing it) to punish Newton,

whom he despises and whose life savings he stole. Newton anticipates spending the winter in the Los

Angeles area.

Newton could not make this request by noticed motion because he needs to flee his current

residence forthwith for his health and safety, and because the wait for the hearing on a noticed motion

would prohibit his needed trip to Michigan to sell furniture that he can no longer afford to keep, as well

as subject him to the recent bed bug infestation of his small room, which is now populated with four

(4) other men. The room is now unsafe, unsanitary and uninhabitable, and Newton has nowhere else

to go in Southern California, cannot afford a motel, and cannot afford to criss-cross the country

travelling.

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This application is based on the declaration of Jeffrey S. Newton and supporting memorandum

served and filed herewith, on the papers and records on file herein, and on such oral and documentary

evidence as may be presented at the hearing, if any, on the application.

Respectfully submitted,

______________________
Jeffrey S. Newton
Plaintiff/Judgment Creditor
Dated: October 2, 2014

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DECLARATION IN SUPPORT OF APPLICATION AND RE: NOTICE

I, Jeffrey S. Newton, declare:

1. I am the Plaintiff/Judgment Creditor in this action, and I have personal knowledge of each

fact stated in this declaration.8254

2. The name, address and telephone number of Third Party Richard Gamarras attorney as

known to me, is Holly Townson, Esq., Bremer, Whyte, Brown & OMeara, LLP, 20320 S.W. Birch

Street, 2nd Floor, Newport Beach, CA 92660 (949) 221-1000. Her email is

htownson@bremerwhyte.com. I do not have a physical address for Defendant/Judgment Debtor

Thomas Patrick Freydl, nor has Mr. Freydl given same to the Court. According to my process server,

Mr. Freydls apparently former address at 1549 Placentia #204, Newport Beach, CA is no longer

inhabited. I do have a phone number for Mr. Freydl (310) 629-8254. His voice was on the answering

machine thereof when I called and left my message. His email address (which he has used for the last

several years) is patrickfreydl@hotmail.com

3. Pursuant to California Rule of Court 5.151(e), I have informed Holly Townson, Esq. and

Thomas Patrick Freydl of this ex parte request by emailing the papers, including the Ex Parte

Application and Proposed Order to Holly Townson at htownson@bremerwhyte.com and

patrickfreydl@hotmail.com. Ms. Townson states on her answering machine for her work telephone

that she does not accept ex parte notice by telephone. Mr. Freydls outgoing message does not.

4. My email to Ms. Townson and Mr. Freydl states that I would be bringing this ex parte request

in Department C-14 of the Orange County Superior Court Courthouse on Friday, October 2, 2014 at

8:30 a.m., regarding my request for an order to specially schedule and expedite third party judgment

debtor examination.

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5. I expect an opposition to my request from Mr. Freydl, and expect him to oppose and appear.

Ms. Townson emailed me back and will advise me whether she intends to oppose and appear.

6. I received the following response to above notice: I have not yet received a response.

7. I desire a continuance of the November 5, 2014 Hearing on Contempt of Freydl &

Gamarra/Freydl Motion to Vacate California Judgment, because I am a Michigan resident and I need

to return to Michigan while the weather is acceptable. I need to sell furniture that I have in expensive

storage, and I wish to visit my brother in upstate New York, whom I have not seen for nearly two years.

I suffer from Reynauds Phenomenon and I therefore suffer in cold weather. I anticipate spending the

winter in the Los Angeles area, and a rescheduled date for mid-December through February would be

acceptable. My California residence has just now become unsafe, unsanitary and uninhabitable. It is

now infested with bed bugs and I now have four (4) other men in my small room, with nine (9) men in

the small flat.

8. I also wish to bring my motion in the Michigan Court for relief from Mr. Freydls

improvidently acquired Order Vacating the Renewal of the Consent Judgment that he entered into and

welched on. The Michigan Judge may well take the matter under advisement. It may be a matter of

first impression in Michigan. If my motion is successful, this would lessen the burden on this

Honorable Court at the hearings at issue.

8. Because I am witness, I cannot realistically appear by telephonic conference.

I declare under penalty of perjury under the laws of the State of California that the foregoing is

true and correct.

Dated: October 2, 2014

_________________________________
Jeffrey S. Newton, In Pro Per

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MEMORANDUM OF POINTS AND AUTHORITIES

Good cause exists for continuance in that Newton must flee his current residence due to health

and safety concerns and will be unavailable until December, 2014. Accordingly, Newton, who is both

a witness2 and acting as his own attorney,3 will not be able to adequately defend this matter without a

continuance.

A. Good Cause.

A court may grant a continuance before or during trial on an affirmative showing of good cause

and each request for a continuance must be considered on its own merits (Cal. Rules of Ct., Rule

3.1332(c)).

B. Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance.

The circumstances that may indicate good cause for a continuance include a significant,

unanticipated change in the status of the case as a result of which the case is not ready for trial ( Cal.

Rules of Ct., Rule 3.1332(c)(7)). The recent unacceptability of Newtons temporary California

residence (severe infestation of bed bugs, severe and dangerous overcrowding) essentially renders

Newton (a key witness at the evidentiary hearing as well as in pro per Plaintiff) unavailable, since he

has no alternative California residence and cannot afford a motel. He should not have to be homeless

to pursue justice against Freydl, who stole all of his money and ruined his life 20 years ago.

Moreover, Freydl unilaterally and spontaneously continued his October 21, 2014 Motion

hearing date to November 5, 2014, on the record in Court on October 1, 2014 without any prior Notice

to Newton. This move (done out of spite to Newton) essentially precludes Newton from defending

against Freydls motion and prosecuting contempt against him and Mr. Gamarra, as Newton cannot

2
Thus the matter is not appropriate for a telephonic appearance.
3
Newton, who is poor (because of Freydl) cannot afford an attorney, especially at California rates.

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stay at his current residence, has no alternative lodging in California, cannot afford a motel or

frequently travelling.

C. Continuance Sought as Soon as Reasonably Practical.

A party seeking a continuance of the date set for trial, whether contested or uncontested or

stipulated to by the parties, must make the motion or application as soon as reasonably practical once

the necessity for the continuance is discovered (Cal. Rules of Ct., Rule 3.1332(b)). Freydl originally

scheduled his motion for October 21, 2014, but unilaterally and apparently spontaneously moved it to

November 5, 2014 on the record in Court on October 1, 2014. There is no apparent reason for the

change, other than to inconvenience Newton, who stated in a previous motion that he needed to return

to his hometown of suburban Detroit, Michigan to attend to pressing business, during the time that

Freydl now seeks to have his motion. Freydls venom towards Newton is illustrated in the attached

Exhibit 1.

Newton, a lifelong Michigan resident, has been staying in a sober house4 in North Hollywood

while attempting to enforce his Consent Judgment with Freydl. On the way back there from Court on

October 1, 2014, Newton received a text message from the resident property manager that Newtons

room was now equipped with bunk beds, and that he had two new roommates, bringing the total

occupants (including Newton) in the small room to five (5), which is totally unacceptable. Even worse,

apparently one of Newtons new roommates has brought with him bed bugs! Accordingly, Newton

needs to move out immediately5 for his health and safety, and thus needs to return to Michigan (lacking

4
Newton does not consume alcohol or use drugs. A sober house is an economical weekly rental
facility.
5
Newton has booked an Amtrak to Detroit, Michigan for Saturday, October 4, 2014. He would leave
Thursday, October 2, 2014 but for the instant motion.

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anywhere else to live in Southern California, especially on a short term basis)6 until it becomes too

cold there for his medical condition (Reynauds disease), at which time he will return to Southern

California. Accordingly, he seeks a continuance of Freydls hearing until that time. Newton does not

have the financial wherewithal to crisscross the country repeatedly, unlike Freydl who, after all, has

been living off of the money that he stole from Newton twenty years ago.

Newton sought the continuance (his first) the day after Freydl unilaterally and spontaneously

postponed his motion and the day that Newton learned that his room was now unsanitarily

overpopulated and infested with bed bugs, necessitating immediate evacuation.

D. Opportunity for Full Presentation.

A continuance should be granted if failure to allow the continuance would probably or possibly

prejudice the party seeking the continuance by depriving that party of the opportunity to fully and fairly

present his/her/its case (Cadle Co. v. WorldWide Hospitality Furniture (2006) 144 Cal. App. 4th 504,

513515, 50 Cal. Rptr. 3d 480; In re Dolly A. (1986) 177 Cal. App. 3d 195, 199, 201, 222 Cal. Rptr.

741; Cohen v. Herbert (1960) 186 Cal. App. 2d 488, 494, 8 Cal. Rptr. 922). On October 1, 2014, this

Court indicated that it would entertain Freydls motion at the same time as Newtons motion

(evidentiary hearing) on the contempt of Freydl and Gamarra. If the Court grants the continuance, the

Michigan Court can rule on Newtons motion in Michigan for relief from Freydls improvidently

acquired Order Vacating Consent Judgment Renewal, which he procured by lying to the Michigan

Court under oath.

E. Conclusion and Requested Relief.

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Newton, who is poor (because of Freydl) cannot afford a decent motel for several weeks. He cannot
also afford to travel repeatedly coast to coast.

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Plaintiff/Judgment Creditor Jeffrey S. Newton respectfully requests that the Court continue

Freydls Motion to Vacate Renewal of California Judgment until at least December 11, 2014.

Respectfully submitted,

______________________
Jeffrey S. Newton
Plaintiff/Judgment Creditor
Dated: October 2, 2014

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Jeffrey S. Newton
5446 Hermitage Avenue
Valley Village, CA 91607
(248) 694-1400
JEFFREY S. NEWTON, IN PRO PER

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE

JEFFREY S. NEWTON, ESTATE OF JOYCE )A.Case No.: 30-2011-00469301-CU-EN-CJC


NEWTON (Deceased), )
) EX PARTE APPLICATION FOR ORDER
Plaintiffs, ) TO ADJOURN NOVEMBER 5, 2014
) MOTION OF JUDGMENT DEBTOR
vs. ) THOMAS PATRICK FREYDL TO VACATE
) CALIFORNIA JUDGMENT;
THOMAS PATRICK FREYDL, ind. and ) MEMORANDUM OF POINTS AND
D/B/A FREYDL & ASSOCIATES, ) AUTHORITIES, AFFIDAVIT OF JEFFREY
) S. NEWTON; PROPOSED ORDER
Defendants )
)
) PROPOSED ORDER
)
) Date: Tuesday, September 9, 2014
) Time: 8:30 a.m.
) Location: Dept.
Judge: Hon. Franz Miller
Date Action Filed: April 21, 2011

Application having been made by Plaintiff/Judgment Creditor Jeffrey S. Newton, and having

considered the record and the papers submitted by the parties and being fully informed in the premises,

and GOOD CAUSE APPEARING THEREFOR, the Court ORDERS the following:

1. The combined Hearing on the Contempt of Thomas Patrick Freydl and Richard

Gamarra/Freydl Motion to Vacate California Judgment is hereby continued until

_______________________________.

IT IS SO ORDERED.

_________________________________

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Hon. Franz E. Miller
Judge of the Superior Court
Dated: October 3, 2014

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