Billy Z.

Earley
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2144 Wembley Lane
2 Corona, California 92881
Contact: (714) 615-4956
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Email: bze2101@aol.com
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Attorney for Plaintiff
Appearing in Propria Persona
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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) CASE No.: 5:18-cv-1611-DOC-SP
BILLY Z. EARLEY )
11 )
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Plaintiff, ) AFFIDAVIT
v. )
13 ) DEFENDANT’S FAILED TO
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NATIONSTAR MORTGAGE LLC; ) COMPLY WITH COURT ORDERS
MR. COOPER; and Does 1 to 10, ) FOR EMERGENCY EX PARTE
15 inclusive, ) APPLICATION
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)
Defendants, )
17 _______________________________ )
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TO THE HONORABLE COURT:

20 Plaintiff Billy Earley is requesting that this Court grant relief sought for the
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emergency Ex Parte motion lodged on August 18, 2018 @ 9:10 a.m. because
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23 Defendants failed to comply with Court orders. “It is the imperative duty of an
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attorney to respectfully yield to the rulings of the court, whether right or
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wrong.” Hawk v. Superior Court, 116 Cal. Rptr. 713, 725 (Ct. App. 1974) (emphasis in

27 original).
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I.
Failure to Comply with Court Orders
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Plaintiff filed an emergency Ex Parte Application on August 18, 2018 requesting
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that this Court assign a temporary restraining order “TRO” barring the Defendants from

6 transferring $11,659 dollars to another Mortgage Servicer. Defendants created said debt
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unlawfully by intentionally refusing to accept federal assistance awarded to Plaintiff’s
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family; this was clearly based on the advice of State Actors unlawfully accessing

10 Plaintiff’s Financial Mortgage Account with intent to foreclose, harm, and injure.
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Plaintiff is appearing in Persona Propria and does not have access to electronic
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13 Court filings. On August 22, 2018, Plaintiff received “docket 17” by Honorable Judge

14 David O. Carter. The docket was mailed to the Plaintiff’s home address. The Court
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ordered the following:
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17 1. The parties to confer no later than October 19, 2018 at 12:00 p.m.;

18 2. To thoroughly discuss whether the issue can be resolved without the Court;
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3. The parties shall file a joint status report concerning the conference by October 19,
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21 2018 at 5:00 p.m;

22 4. The Defendants deadline to oppose was extended to October 19, 2018 at 5:00 p.m.;
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5. Defendants were ORDERED to contact Plaintiff by phone and/or e-mail and
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25 inform him of the contents of this order; and lastly

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6. Court Orders were not followed and Paragraphs 1, 2, 3, 4, and 5 was not done.
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II.
Procedural Case History
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On October 3, 2018 Plaintiff called and sent an urgent email to Opposing
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5 Counsel informing her that an emergency ex parte application had to be filed because
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their client transferred a debt that did not belong to Plaintiff. The new Mortgage
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Company refused to take the Monthly payment and said if the $11, 659 dollars was not
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9 paid by November 1, 2018, they would initiate foreclosure proceedings.

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Opposing Counsel did not respond until several more attempts calling her and
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12 emails. Finally, on October 7, 2018, Opposing Counsel replied and stated that her
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sister had a baby. Plaintiff discussed the issue thoroughly and sent Opposing Counsel
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the completed ex parte application that was prepared. Plaintiff’s concern was that
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16 Defendants transferred a debt that their own records show was “VOLUNTARY” and
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Defendants and their own misconduct never gave Plaintiff any Written Notice or
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Delinquency Notices regarding this false debt created by Nationstar Mortgage LLC.

20 Plaintiff was informed to “hold-off” and see if Defendants would resolve the
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issue without Court action. On October 16, 2018, Opposing Counsel responded but the
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23 response was insufficient and inadequate. Plaintiff emailed another “revised” copy of
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the ex parte on October 16, 2018, that it would be filed on October 18, 2018. Opposing
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Counsel intentionally did not show-up to Court on October 18, 2018.

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 III.
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Emergency Court Order Sought
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Plaintiff requested that this Court impose sanctions against Defendants for

4 transferring a non-consumer Plaintiff debt and the transfer was done in an unlawful
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manner without Notice given. Sanctions are proper in this case because Defendant’s
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7 actions were motivated with intent to cause ill will by foreclosing on Plaintiff’s home
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unlawfully to injure and harm his family and his moderately disabled child.
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Further, Pursuant to Local Rule (“L.R.”) 83-7 Sanctions and L.R. 11-9, these
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11 local Court rules provides that sanctions be imposed for violations of Court Orders:
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(a) monetary sanctions, if the Court finds that the conduct was willful, grossly
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negligent, or reckless;
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(b) the imposition of costs and attorneys’ fees to opposing counsel, if the Court
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finds that the conduct rises to the level of bad faith and/or a willful disobedience
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of a court order; and/or
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(c) for any of the conduct specified in (a) and (b) above, such other sanctions as
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the Court may deem appropriate under the circumstances.

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On October 19, 2018, at 1:16 p.m., Plaintiff received a call from Opposing counsel that

21 was not related to the Chamber Orders provided by this Court. The reason for
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Defendant’s call was to clarify the sequence of events that took place with respect to
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24 the Bankruptcy, Discharge, Bankruptcy Settlement, and actions of the Defendants.

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Plaintiff documented the Communication in an email Memorandum sent to Opposing
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Counsel right after the phone call. It had nothing to do with the Court Orders: (email)

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 1
IV.
Emergency Ex Parte Relief Sought
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3 1. That this Court grant an order that ShellPoint (new mortgage servicer), cease and
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desist attempts to collect the $11,659 dollars that is not a Plaintiffs debt, and/or;
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2. That this Court grant an order demanding Defendant Nationstar pay Shellpoint or
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7 Plaintiff the $11,659 dollars by November 1, 2018;

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3. That this Court grant an Expedited Limited Discovery order to Plaintiff.
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Defendants have admitted that acceptance and payment of Federal Assistance was
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11 not communicated with the proper agency, but rather, a third party Government
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unauthorized agency was allowed to make and approve financial decisions; and
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4. This Court impose monetary sanctions against Defendants in the sum of $100,000
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15 dollars for deliberately transferring a non-consumer debt. Defendants own record

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shows this debt is “VOLUNTARY” and it was transferred without providing lawful
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Notice and intent to injure, harm, and retaliate against Plaintiff’s family with

19 disability; by menacing homelessness, ill will, gross negligence, severe stress, and
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these acts were carried out with a very high degree of moral culpability.
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I declare under penalty of perjury of the laws of the State of California that the
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foregoing statements are true and correct. Signed and sworn to this 23rd day of October
23 2018, at Riverside, California.
24 Dated October 23, 2018

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_______________________________
26 Billy Earley
27 Appearances in Propria Persona

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 1 On October 23, 2018, . I served the following document(s) described as:
 AFFIDAVIT
2
 DEFENDANT’S FAILED TO COMPLY WITH COURT ORDERS FOR
3 EMERGENCY EX PARTE APPLICATION
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 CERTIFICATION OF NOTARY REPUBLIC
 PROOF OF SERVICE
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6 I am employed in the County of Riverside. I am over the age of eighteen (18) years and am
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not a party to the within action. My business address is 2144 Wembley Lane, Corona, CA
92881
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On all interested parties in this action by email and placing a true and correct copy
9 thereof in a sealed envelope, with first-class postage prepaid thereon, and deposited said
envelope in the United States mail at or in . ____ Riverside California________
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addressed to: ( city and state of mailing )
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12 Dalar Abolian, Attorney for Defendants

Reed Smith Law Firm
13 355 South Grand Avenue, Suite 2900
14 Los Angeles, California 90071
-and by electronic mail-
15 Emailed to: dabolian@reedsmith.com
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I declare under
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penalty of perjury that the foregoing is true and correct.
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Executed on ___10-23-18_________ at _________Corona CA____________
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(date) (city and state of signing)
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________________________________
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(sign)
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________Maria Earley______________
26 (print name)
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