Newton
5446 Hermitage Avenue
Valley Village, CA 91607
(248) 694-1400
JEFFREY S. NEWTON, IN PRO PER
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
1
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.
1
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
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
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.
2
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
Respectfully submitted,
______________________
Jeffrey S. Newton
Plaintiff/Judgment Creditor
Dated: October 2, 2014
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DECLARATION IN SUPPORT OF APPLICATION AND RE: NOTICE
1. I am the Plaintiff/Judgment Creditor in this action, and I have personal knowledge of each
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
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
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
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.
4
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.
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
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
I declare under penalty of perjury under the laws of the State of California that the foregoing is
_________________________________
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.
6
stay at his current residence, has no alternative lodging in California, cannot afford a motel or
frequently travelling.
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
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
6
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.
8
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
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
_______________________________.
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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