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Recorded in Official Records, Orange County

Hugh Nguyen, Clerk-Recorder

RECORDING REQUESTED BY: 11111111111111111111111111111111111111111111111111111111111111111111111111127

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276 417 009 F13 7
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TITLE OF DOCUMENT:
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FILED
IUPIAICm COURT~ CAliFORNIA
SUPERIOR COURT OF THE STATE OF CALIFORNIA ce~=."Ju~~grc~~ER
COUNTY OF ORANGE JUN
3 0 lOll tf
JEFFREY S. NEWTON, ) CASE NO. 30-2011-00469301-CU~-~\Courf
RICHARD A. NEWTON, )
ESTATE OF JOYCE A. NEWTON, ) HEARING: THURSDAY, JUNE 30, 201 'y N OtW:tt
) 8:30A.M.
) DEPT. NO. 32
Plaintiffs, ) JUDGE_31'EVEN L. PERK
vs. ) CJ((/)6(., 1m
) JUDGMENT CREDITOR'S EMERGENCY
) EX PARTE MOTION RE: IMPLEMENTION
THOMAS PATRICKFREYDL, ) OF JUNE 23, 2011 MINUTE ORDER:
FREYDL & ASSOCIATES, ) ENTRY OF SIGNED ORDER, MODIFICATION
) OF 5 DAY EXTENSION OF PREVIOUS TRO
) TO PERMIT MINUTE ORDER TO BE
Defendants. ) EFFECTIVE AS TO BANK OF AMERICA BANK
) ACOOUNT IN LIGHT OF JUDGMENT
) EVASION OF PERSONAL SERVICE OF
) MINUTE ORDER WITH HELP FROM FOCUS
ON CARS

At a session of said Court, held in the City

of Santa Ana, County of Orange,
~J;.fCalifornia
On: ~ Of/
PRESENT:H014. I1'IVa t.. Pal
Superior Court Judge

This matter having come before the Court upon Plaintiffs-Judgment Creditors' Motion

Re: Entry of Judge Signed Version of June 23, 2011 Minute Order and Modification of Minute

~
Order Provision Extending Previously Issued Temporary Restraining Order and/or Ripening said

TRO into Previously Requested Preliminary Injunction to Permit Implementation Of Minute

~ Order And Payment To Judgment Creditor Of Funds In Bank Account In Face Of Judgment

~fJJ
u<
Debtor Thomas Patrick Freydl and/or Freydl & Associates' Total Evasion Of Multiple Attempts

OfPersonal Service of Minute Order and the Court having been so advised in the premises;
fu
~~
e.\ The Court, having reviewed the moving and opposing papers on the Judgment Creditor's
;:;~ .
0 above-referenced Motion, including any memoranda and declarations filed by the parties, and
1.\J '-- I
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1
oral argument of th~dgment Creditor and counsel for Judgment Debtors (if any) having been

received by the Court;

The Court, hereby enters its ORDER and FINAL RULING, as follows:

A.

An order adding the entity Freydl & associates LTD aka "Freydl ?&Associates LTD.,

Inc." a suspended California corporation, as a judgment debtor: Denied; the Moving Party is

presenting an argument of "reverse piecing the corporate veil." This is not allowed by California

law. Postal Instant Press, Inc. v. Kaswa Corp. (2008) 162 Cal.App.4t11 1510. Addition of the

corporate entity as a judgment debtor on an alter ego theory is not warranted as it would

constitute reverse piercing. ld. Addition of the corporate entity as a judgment debtor is not

warranted 1a'successor theory as plaintiff has not established that the corporation is a successor
to Thomas Freydl as an individual. Freydl & Associates was designated in the 1999 judgment as

a dba ofFreydl, not as a separate entity.

The judgment debtor's argument that there is no money judgment because the Michigan

court crossed out the language setting forth a specific amount for the renewed judgment is

without merit. The renewal served to renew the 1999 judgment. In addition, this court has

entered judgment for $342,577.52 and that judgment has not been vacated.

The judgment debtor's argument that the motion is premature also fails. CCP 1710.4~

prevents enforcement of the judgment for 30 days after notice of entry of judgment is served, not

30 days from when the POS showing such service is filed. Service here was on 5-10-11. Thus,

the 30-day time period has expired.

B.
A order instructing the judgment debtors and any successors in interest, including but not

limited to Freydl & Associates, LTD., Inc. as well as all obligors of the judgment debtors to

2
.,.

~
directly assign the judgment debtors'' interest in ~n all consulting, professional,

commission, partnership, profits, benefits, or other payments of any nature either owed now or

owed in the future as well s funds in Bank of America Bank account Number 2363 871631 to the

judgment creditor:

Granted in part; The court directs the judgment debtors, Thomas Patrick Freydl and

Freydl and Associates (only), to assign all right to payments from: (1) Focus on Cars, Inc. and/or

Ricardo (Richard) Gamarra; (2) South Bay (Base) Studios, a Division of Focus on Cars, Inc.,

and/or Ricardo (Richard) Gamarra; and (3) California Tequila and/or Ricardo (Richard) Gamarra

to the judgment creditor. This order will become effective on the obligors when served on them.

(CCP 708.540). The court further assigns any right to payment from Freydl & Associates, LTD.,

Inc., a corporation, including but not limited to payments from funds in the identified Bank of

America bank account, to or on behalf of the judgment debtor, Thomas Patrick Freydl and Freydl

and Associates, to the judgment creditor.

Denied in part; The request for an assignment order for any payments due to Freydl &

Associates, LTD., is denied as it is not a judgment debtor.

c.
An order restraining the judgment debtors and the obligors of the judgment debtor and

any person or entity acting in concert with the judgment debtors from encumbering, assigning,

disposing, or spending any consulting, professional, commission, partnership, profits, benefits, or

other fees or payments s well as funds in the Bank of America account from paying these funds

to or by the judgment debtors: Granted; The request for a restraining order pursuant to CCP

708.520 is granted against the judgment debtor, Thomas Patrick Freydl and Freydl and

Associates (only), as to all rights to payments which are subject to the assignment order. The

judgment creditor to comply with the service and notice requirements ofCCP 708.520.

3
.r

D.
An order requiring a weekly accounting to the court of any payments, withdrawals,

encumbrances, assignments, dispositions, spending of any nature to the judgment debtors and

showing compliance with the order to provide direct payments to the judgment creditor: Denied;

The request for an order directing the judgment debtor, Thomas Patrick Freydl and Freydl and

Associates, to provide a weekly accounting is denied as no authority in support of the issuance of

such an order has been provided.

E.

An order detennining the "true ownership" of the funs in the Bank of America account

and an assignment of those funds to the judgment creditor: Deuied; the corporation, Freydl and

Associates, LTD., ~c. has not been added as a judgment debtor. There is no sufficient factual

showing upon which the court could make this ruling or determination.

The restraining order previously issued by this court is dissolved effective~ /.5I iUJI/,
,

2011 ( lS'" days from this order), so as to permit the Judgment Creditor to serve the Judgment

Debtors, Thomas Patrick Freydl and d/b/a Freydl & Associates, with a copy of the June 23, 2011

Minute Order and comply with California Code of Civil Procedure Section 708.520 and the

Minute Order's provision regarding service,

-
- 4
 ------------------------------------------
,.

- -"--~- -- - -~

IT IS HEREBY ORDERED that the above language implements this Court's June 23,

2011 Minute Order (except with respect to the restraining provisions) and, accordingly, the

above Order is this Court's Final, Official Order in this

OTHER:

SO ORDERED.

DATED" 9z.c...,u dO , 2011 ~~ S EN L. PERK

5
 -,

I hereby certify the foregoing instrument consisting of · 5,age(s)

is a true and correct copy of the original on file in this court.
 -----~~---- ----

c:l! b

Recorded in Official Records, Orange County

Hugh Nguyen, Clerk-Recorder

11111111111111111111111111111111111111111111111111111111111111111111111111121 '00
RECORDING REQUESTED BY: * $ R0 0 0 6 8 5 9 4 7 4 $ *
2014000300397 3:13pm 07/28/14
j ta++.-~~ s . NE.Wtb~ 276 417 009 F13 5
0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00

AND WHEN RECORDED MAIL TO:

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 SUPERIOR COURT OF CALIFORNIA,
COUNTY OF ORANGE
CENTRAL JUSTICE CENTER
MINUTE ORDER
DATE: 06/23/2011 TIME: 08:30:00 AM DEPT: C32
JUDICIAL OFFICER PRESIDING: Steven L. Perk
CLERK: Nga Quach
REPORTERIERM: Debby Steinman- 2907
BAILIFF/COURT ATTENDANT: None/Gloria Melarkey

CASE NO: 30-2011-00469301-CU-EN-CJC CASE INIT.DATE: 04/21/2011

CASE TITLE: Newton vs. Freydl
CASE CATEGORY: Civil - Unlimited CASE TYPE: Enforcement

EVENT ID/DOCUMENT ID: 71249351

EVENT TYPE: Motion - Other

APPEARANCES
JeffreyS. Newton, from JeffreyS. Newton, present for Plaintiff(s).
Stephen T. Devlin, from the Devlin Law Office, present for Defendant.
The Court hears oral arguments and takes matter under submission.

The Court, having taken the above-entitled matter under submission on this date, now makes the
following final ruling:

Plaintiff Newton's Motion for Assignment Order and for Order Restraining the Judgment Debtor and
Obligors of the Judgment Debtor:

A.
An order adding the entity Freydl & Associates LTD" aka "Freydl & Associates LTD., Inc.," a suspended
California corporation, as a judgment debtor: Denied; Moving Party is presenting an argument of
"reverse piercing the corporate veil." This is not allowed by California law. Postal Instant Press, Inc. v.
Kaswa Corp. (2008) 162 Cai.App.4th 1510.) Addition of the corporate entity as a judgment debtor on an
alter ego theory is not warranted as it would constitute reverse piercing. ld. Addition of the corporate
entity as a judgment debtor is not warranted on a successor theory as plaintiff has not established that
the corporation is a successor to Thomas Freydl as an individual. Freydl & Associates was designated in
the 1999 judgment as a dba of Freydl, not as a separate entity.

The judgment debtor's argument that there is no money judgment because the Michigan court crossed
out the language setting forth a specific amount for the renewed judgment is without merit. The renewal
served to renew the 1999 judgment. In addition, this court has entered judgment for $342,577.52 and
that judgment has not been vacated.

The judgment debtor's argument that the motion is premature also fails. CCP 1710.45(a) prevents

DATE: 06/23/2011 MINUTE ORDER Page 1

DEPT: C32 Calendar No.
CASE TlTLE: Newton vs. Freydl CASE NO: 30-2011-00469301-CU-EN-CJC

enforcement of the judgment for 30 days after notice of entry of judgment is served, not 30 days from
when the POS showing such service is filed. Service here was on 5-10-11. Thus, the 30-day time period
has expired.

B.
An order instructing the judgment debtors and any successors in interest, including but not limited to
Freydl & Associates, LTD., Inc. as well as all obligors of the judgment debtors to directly assign the
judgment debtors' interest in any and all consulting, professional, commission, partnership, profits,
benefits, or other payments of any nature either owed now or owed in the future as well as funds in Bank
of America Bank account Number 2363871631 to the judgment creditor:

Granted in part; The court directs the judgment debtors, Thomas Patrick Freydel and Freydel and
Associates (only), to assign all right to payments from: (1) Focus on Cars, Inc. and/or Ricardo (Richard)
Gamarrra; (2) South Bay (Base) Studios, a Division of Focus on Cars, Inc., and/or Ricardo (Richard)
Gamarra; and (3) California Tequila and/or Ricardo (Richard) Gamarra to the judgment creditor. This
order will become effective on the obligors when served on them. (CCP 708.540) The court further
assigns any right to payment from Freydl & Associates, LTD., Inc., a corporation, including but not
limited to payments from funds in the identified Bank of America bank account, to or on behalf of the
judgment debtor, Thomas Patrick Freydel and Freydel and Associates, to the judgment creditor.

Denied in part; The request for an assignment order for any payments due to Freydl & Associates,
LTD., Inc. is denied as it is not a judgment debtor.

C.
An order restraining the judgment debtors and the obligors of the judgment debtor and any person or
entity acting in concert with the judgment debtors from encumbering, assigning, disposing, or spending
any consulting, professional, commission, partnership, profits, benefits, or other fees or payments as
well as funds in the Bank of America account from paying these funds to or by the judgment debtors:
Granted; The request for a restraining order pursuant to CCP 708.520 is granted against the judgment
debtor, Thomas Patrick Freydel and Freydel and Associates ( only), as to all rights to payments which
are subject to the assignment order. The judgment creditor to comply with the service and notice
requirements of CCP 708.520.

D.
An order requiring a weekly accounting to the court of any payments, withdrawals, encumbrances,
assignments, dispositions, spending of any nature to the judgment debtors and showing compliance with
the order to provide direct payments to the judgment creditor: Denied; The request for an order directing
the judgment debtor, Thomas Patrick Freydel and Freydel and Associates, to provide a weekly
accounting is denied as no authority in support of the issuance of such an order has been provided.

E.
An order determining the "true ownership" of the funds in the Bank of America account and an
assignment of those funds to the judgment creditor: Denied; The corporation, Freydel and Associates,
LTD, Inc., has not been added as a judgment debtor. There is no sufficient factual showing upon which
the court could make this ruling or determination.

The restraining order previously issued by this court is dissolved effective June 28, 2011 (5 days from
this order ).

DATE: 06/23/2011 MINUTE ORDER Page 2

DEPT: C32 Calendar No.
CASE TlTLE: Newton vs. Freydl CASE NO: 30-2011-00469301-CU-EN-CJC

Court orders clerk to give notice by email.

Jeffrey Newton, newtonmusiclaw@gmail.com

Stephen T. Devlin, email@devlinlaw.biz

DATE: 06/23/2011 MINUTE ORDER Page 3

DEPT: C32 Calendar No.
 -

Recorded in Official Records, Orange County

Hugh Nguyen, Clerk-Recorder

11111111111111111111111111111111111111111111111111111111111111111111111111115 . 00
RECORDING REQUESTED BY:
* $ R0 0 0 6 8 5 9 4 7 7 $ *
2014000300398 3:13pm 07/28/14
J e ffr-c:j S .. NEw \C) rl 276 417 009 F13 3
0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00

AND WHEN RECORDED MAIL TO:

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TITLE OF DOCUMENT:
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JEFFREYS. NEWTON
Plaintiff In Pro Per
5446 Hennitage
• FILED
~~Of CALtFOfllHtA
~~
Valley Village, CA 91607
(248) 694-1400
newtonmusiclaw@gmail.com
JUL t 7
~.c!~'..V
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SUPERIOR COURT OF THE STATE OF CALIFORNIA

D ~r.n -
~ s TURNER
FOR TilE COUNTY OF ORANGE
JEFFREYS. NEWTON, eta/.; ) CASE NO. 00469301
)
Plaintiffs. ) Hon. Franz Miller
)
vs. ) Date: July 17,2016
) Time: 8:30 a.m.
THOMAS PATRICK FREYDL, ind. and ) Dept: C-14
d/b/a FREYDL & ASSOCIATES, )
) flliW"'IUI ORDER
Defendants. )
)
)
)

Ex Parte Hearing against Defendant RICARDO ("RICHARD") GAMARRA ("GAMARRA") came on

regularly for hearing by the Court, the Honorable Franz Miller, Superior Court Judge, presiding, on
July 17, 2014, pursuant to Plaintiff JEFFREYS. NEWTON'S ("NEWTON") request for ORDER TO
SHOW CAUSE RE: CONTEMPT. Petitioner NEWTON appeared in person. Respondent
GAMARRA made no appearance and did not file either an opposition or a sworn declaration;

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:

IT IS HEREBY ADJUDGED, ORDERED AND DECREED that Defendant RICARDO ("RICHARD")

GAMARRA shall appea:ibefore this Court on _August 4, 2014 at 8:30 a.m. for the purpose of
ARRAIGNMENT. ~~~ ~\,~ ~

IT IS SO ORDERED.

DATED: July 17,2014 p•*J 'ft] F~l!R

JUDGE OF THE SUPERIOR COU
1hereby certify the foregoing instrument consisting of_!_ page(s)
is a true and correct copy of the original on file in this court.

'1)[!8201,

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Recorded in Official Records, Orange County

Hugh Nguyen, Clerk-Recorder

RECORDING REQUESTED BY:

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$ $
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JEFFREYS. NEWTON
Plaintiff In Pro Per-
5446 Hqrm.itage ~
Valley Village, CA 91607 · • fiLED
(248) 694·1400 ~~~~ORNIA
newtonmusiolaw@gmail.com cBiii1AL.i.Jsna: CEN1Ejl'-d-..
SUPERIOR COURT OF THE STATE OF CALIFORNIA JUL 1 4 2014 \._Y
~.Cilfkof lhB Court
FOR THE COUNTY OF ORANGE (.:) fW~w.
BV S nJRNER
JEFFREYS. NEWTON, et al.; ) CASE NO. 00469301
)
Plaintiffs, ) (. . I IIRIIJ ORDER
)
\!~h )
}
THOMAS PATRICK FREYDL, ind. and ) Date: July 14, 20 14
d/b/a FREYDL & ASSOCIATES, ) Ttme: 8:30 a.m.
) Dept: C-14
Defendants. )
)
)
)

Ex Parte Hearing against Defendant THOMAS PATRICK FREYDL ("FREYDL'1) came on regularly
for hearing by the Court, the Honorable Franz Miller, Superior Court Judge, presiding, on July 14,
2014, pursuant to Plaintiff JEFFREYS. NEWTON'S ("NEWTON,) request for ORDER TO SHOW
CAUSE RE: CONTEMPT. Petitioner NEWTON appeared in person. Defendant FREYDL made no
appearance and did not file either an opposition or a sworn declaration;

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:

IT IS HEREBY ADJUDGED, ORDERED AND DECREED that Defendant THOMAS PATRICK

FREYDL shall appeaNbefore this Court on August 4, 2014 at 8:30 a.m. for the purpose of
ARRAIGNMENT. ~t)Nt\~'-"'(~

~ ~
ITISSOORDERED.
DATED: July 14,2014 'kff~'";~. f""

JUDGE OF THE SUPERIOR COURT

I hereby certify the foregoing instrument consisting of L page(s)
is a true and correct copy of the original on file in this court.