JEFFREY S.

NEWTON
5446 Hermitage
Valley Village, CA 91607
(248) 694-1400
newtonmusiclaw@gmail.com
Plaintiff In Pro Per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
JEFFREY S. NEWTON,
Plaintiff,
vs.
THOMAS PATRICK FREYDL, ind.
and d/b/a FREYDL &
ASSOCIATES,
Defendants.

CASE NO. 30-2011-00469301

)
)
)
)
)
)
)
)
)
)
)
)
)

EX PARTE APPLICATION FOR

ORDER TO SHOW CAUSE RE
CONTEMPT: MEMORANDUM OF
POINTS AND AUTHORITIES;
DECLARATION OF JEFFREY S.
NEWTON
Date: July 9, 2014
Time: 8:30
Department: 14

Plaintiff/Judgment Creditor Jeffrey S. Newton ("Newton") hereby

applies ex parte for an order directing Defendant/Judgment Debtor Thomas
Patrick Freydl ("Freydl") to show cause why he should not be held in
contempt of this Court, pursuant to section 1209(a)(5) of the California Code
of Civil Procedure, for Freydl's willful defiance of this Court's June 23, 2011
Order of Permanent Injunction (the "Assignment Order").
This application is made on the grounds that, in violation of the Order,
Freydl -- who stole Newtons life savings -- has continued to openly flaunt
the authority of this Court, violating the Assignment Order issued by this
1

Court on at least seventeen (17) occasions, including the period from June
23, 2011 9-20-12 to 4-8-13 until the present, when Freydl received, cashed
and failed to assign at least seventeen (17) checks totaling $24,750.00 from
Richard Gamarra/South Bay Studios d/b/a Focus on Cars.

Freydls

negotiation, without assignment to Newton, of each of these checks is

punishable as a separate act of contempt by a $1,000.00 fine and five (5)
days of incarceration, for a total of eighty five (85) days in jail.

Because

there are two lengthy gaps in checks, (1) between June 23, 2011 and
September 20, 2012 (over 15 months) and (2) between September 20,
2012 and the present (over 21 months), there is a high degree of likelihood
that there are more checks and thus more contemptible conduct by Freydl
- that Newton does not yet know about.
Gamarra is guilty of contempt for conspiring with Freydl and aiding and
abetting each and every single act of Freydls contempt. Newton has filled a
separate ex parte application and order to show cause for him concurrently
heretin.
Freydl has willfully treated this Court's authority with such callous
disregard that he should be criminally sanctioned by fine and imprisonment
under Code of Civil Procedure 1218.

Freydl has been notified of this

Application by telephone message, email and/or facsimile transmission

pursuant to Law and Policy Manual 261. Declaration of Jeffrey S. Newton
at X.

This Application is based on this Application itself, the concurrently

filed Declaration of Jeffrey S. Newton; the exhibits submitted therewith; the
records on file in this case; and such further evidence and argument as may
be properly presented at the hearing of this Application.
Respectfully submitted,

Dated: July 4, 2014

__________________________
Jeffrey S. Newton
Plaintiff/Judgment Creditor

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION
Plaintiff/Assignee/Judgment Creditor Jeffrey S. Newton (Newton)
asks this Court to issue an Order to Show Cause:
1.

Why

Defendant/Judgment

Debtor

Thomas

Patrick

Freydl

(Freydl) should not be held in contempt and compelled to immediately turn

over to Newton cash1 funds in at least twenty four thousand, seven hundred
fifty

dollars

($24,750.00)2

that

was

wrongfully

paid

by

Richard

Newton will not accept anything other than cash from Freydl. He has a
lengthy history of writing nonsufficient funds and account closed checks
(including to Newton), check kiting, and the defrauding of banks. He was
disbarred from the practice of law for such activity.
1

Plus costs; itemization to be provided at the Hearing hereto.

Gamarra/Focus on Cars d/b/a South Bay Studios to Freydl, all in violation

this Honorable Courts Assignment Order entered on June 23, 2011 pursuant
to CCP 708.510 (Assignment Order, attached hereto and labeled as
Exhibit 1);
2.Why Freydl should not be held in contempt, and compelled to
immediately obey the Assignment Order and perfect the assignment of all
right to payment from Richard Gamarra and his corporations, 3 commencing
June 23, 2011 pursuant to and as fully set forth in the Assignment Order
(i.e, back payment), disclose to the Court and Newton the full amount of
such payments, and immediately pay same to Newton;4
3.Why Assignment Order Obligors Ricardo (Richard) Gamarra and/or
his corporation, Focus on Cars d/b/a South Bay Studios, 5 should not be held
in contempt, and compelled to immediately pay Newton the amounts set
forth above that were wrongfully paid to Freydl; and
Richard Gamarra and/or Focus on Cars; Richard Gamarra and/or South Bay
Studios, and Richard Gamarra and California Tequila.
3

There is a fifteen (15) month gap between the date of the Assignment
Order (June 23, 2011) and the first recovered check to Freydl, as fully
discussed, infra. It is highly doubtful that Gamarra or Focus on Cars d/b/a
South Bay Studios did not pay Freydl anything during this time period, given
the lengthy history of such payments (decades). Newton therefore requests
full disclosure of all such payments, which will advance judicial economy by
not requiring a creditors examination and another motion to compel.
4

5 The Assignment Order is crystal clear that, for each of Gamarras

corporations, Gamarra is personally liable to Newton for payment to Freydl,

discussed, infra.
4

4.Why Freydl and Gamarra should not immediately be held in

contempt of Court absent immediate compliance with the Courts Order to
Compel and payment of the above amounts to Newton, and both jailed and
held until payment in full to Newton is accomplished.
So that there is no doubt in the Court's mind that the contempt is
plain, willful, calculated and conspiratorial, photocopies of exemplar checks,
as well as a spreadsheet of the check activity at issue, are attached hereto
and labeled Exhibits 3 and 2, respectively. These checks total TWENTY FOUR
THOUSAND, SEVEN HUNDRED AND FIFTY DOLLARS ($24,750.00).

Freydl

and Gamarras serial contempt requires the immediate compelling of

payment of all monies paid by the Assignment Order Obligors to Freydl since
Jude 23, 2011 to Newton and, absent immediate compliance, upon noticed
motion, the imposition of contempt, and an Order to Show Cause should
issue.
II.
FACTS
On June 23, 2011, this Honorable Court entered its Assignment Order,
which assigned all payments and right to payments from Obligors Richard
Gamarra, Focus on Cars and/or Richard Gamarra, South Bay Studios and/or
Richard Gamarra, and California Tequila and/or Richard Gamarra, to Newton.
Exhibit 1 hereto.6

The relevant portion of the Assignment Order regarding Gamarra and his
corporations are set forth at Sections B and C, discussed, infra.
6

Predictably, Newton has not received any payments from Gamarra,

from any of his corporations, or from Freydl in the ensuing nearly three (3)
years.
Newton,

lifelong

Michigan

resident,

temporarily

relocated

to

Southern California to attempt collection efforts, including enforcement of

the Assignment Order. Pursuant to that quest, he Subpoenaed records from
the bank accounts of Focus on Cars and South Bay Studios.

Currently,

Newton has amassed irrefutable evidence in the form of cashed checks from
Focus on Cars d/b/a South Bay Studios 7 to Freydl from Gateway Business
Bank8 in the amount of twenty four thousand, seven hundred and fifty
dollars ($24,750.00), all written and cashed subsequent to the June 23,
2011 entry of the Assignment Order and, therefore, all in violation of said
Order.
For the following reasons, Newton respectfully requests that this
Honorable Court compel the immediate payment of all monies paid by the
Assignment Order Obligors to Freydl since June 23, 2011, including, but not
limited to, the TWENTY FOUR THOUSAND, SEVEN HUNDRED AND FIFTY
DOLLARS ($24,750.00) evidenced in the attached check exemplars, to
Newton. Newton respectfully requests that the Court require immediate full

Focus on Cars is now known as Thunder Studios.

8 Gateway Business Bank was purchased by Banc of California.

6

payment, so that he can file a Motion for Contempt forthwith absent full
compliance with the Courts Order to Compel.9
III.ARGUMENT
A.
The Assignment Order Was Properly Entered and Served.
The Assignment Order was properly entered by the Honorable Steven
Peck on June 23, 2011, after full due process and Notice to Freydl, as well as
a full Hearing, at which Freydl was represented by counsel. The Assignment
Order was subsequently personally served 10 on Freydl, both a Focus on Cars
and his residence.

It was also personally served on Gamarra at Focus on

Cars. Accordingly, the Order is fully enforceable.11

B.The Assignment Orders Operative Language.
1.
The Relevant Language Of The Assignment Order.
The Assignment Orders relevant commands provide, as follows, where
the Judgment Creditors request is followed by the Courts Order:
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
Newton is seeking costs. One of those costs is half of Newtons rent, which
is double in LA what it is in Detroit, Michigan. Accordingly, Newton desires
to mitigate the cost exposure to Gamarra and Freydl, and conclude this
matter quickly.
9

Freydl was served by substitute service, after Gamarra intentionally

interfered with personal service by instructing his guard, James, to block it.
Gamarra told Newtons process server to hit the road, Jack, but was
personally served anyway. See Exhibits 4 and 5 hereto. Gamarra and Freydl
have a lengthy history of obstructing justice against Newton, including
falsifying that Freydl had been booted out of Focus on Cars, delaying
Newtons collection efforts.
10

11 The Amount of The Judgment herein is nearly FOUR HUNDRED FIFTY

THOUSAND DOLLARS ($450,000.00).

7

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) 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
Freydel and Freydel and Associates, to the judgment creditor..
Id.;
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.
Accordingly, the Assignment Order provides:
1.
That Freydl was Ordered to assign the various rights to
payment to Newton, both from Gamarra and his
corporations and from the identified Bank of America
account;
8

2.

That Gamarra was personally Ordered to pay Newton

instead of Freydl, whether the payment was from him
personally to Freydl or from one of his corporations to
Freydl, thus Gamarra is personally liable to Newton for any
payments made by any of his corporations to Freydl; and

3.

That Freydl was Ordered not to alienate, extinguish,

transfer, spend, etc., any funds that were wrongfully paid
to him. Id.

Newton will address each of these obligations in seriatim.

2.

Freydls Liability To Newton Of Payment From Gamarra

And His Corporations To Freydl.

Freydls liability to Newton regarding payment from Gamarra or any of

his corporations to Freydl under the Assignment Order is straightforward and
clear cut. All money that Freydl received from Gamarra or any of his named
corporations since June 23, 2011 belongs to Newton, and was supposed to
be assigned --- and paid --- to him. Clearly, and as proven by the exemplar
checks (Exhibit 3 hereto), Freydl did not accomplish the assignment, and is
therefore in violation of the Assignment Order.
Newton respectfully requests that this Honorable Court Order Freydl to
pay all of these funds to Newton, forthwith, in cash only, after making full
disclosure to the Court and to Newton complete with full written evidence

 of all such funds.12 Absent Freydls immediate compliance with the Courts
Order to Compel, Newton will file a Show Cause Order requesting that Freydl
be incarcerated until full payment is accomplished.
3.Pursuant To C Of The Assignment Order, Commencing On
June 23, 2011, Freydl Was Restrained From Spending (1)
Any Of The Money He Received From Gamarra and/or Any
Of His Corporations, And (2) The Funds In The Identified
Bank Of America Account.
Pursuant to C of The Assignment Order, commencing on June 23,
2011, Freydl was restrained from spending: (1) any of the money he
received from Gamarra and/or any of his corporations and (2) the funds in
the identified Bank of America account. Given Freydls past conduct towards
Newton, it is a virtual certainty that he spent all of each of these monies.
Newton respectfully requests that the Court compel Freydl to pay all of these
funds to Newton forthwith in cash only.
1.
Assignment Order Funds From Gamarra And His
Corporations.
The amount of the payments from Gamarra and/or his corporations
that Newton is aware of is TWENTY FOUR THOUSAND, SEVEN HUNDRED
AND FIFTY DOLLARS ($24,750.00). The actual amount is almost assuredly
much greater than that, and Newton demands that Freydl disclose to the
12 Because Freydl was already ordered to disclose the amount and source

of these funds --- and pay them over to Newton pursuant to the Assignment
Order, the Order to Compel should require Freydl to disclose all of them, not
merely the $24,750.00 that Newton already knows about. Newton should
not have to expend even more of his scare resources than he already
has (by securing the Subpoenaed bank records), e.g., by conducting a
creditors examination pursuant to CCP 708.110 et seq. Enough is enough!
10

Court and to Newton (with full written evidence) all of the funds that he
received from Gamarra and/or his corporations since June 23, 2011, and
immediately pay these funds to Newton, in cash.
2.
Assignment Order Funds From The Identified Bank
Of America Account.
The Amount of the identified Bank of America account is Twenty One
Thousand, Fifty Five Dollars and Fifty Nine Cents ($21,055.59). Freydl has
paid none of these funds to Newton, and it is a virtual certainty that he
entirely depleted the account.13
C.Gamarra And Freydl Are Guilty Of Contempt Of Court.
There is ample cause for this Court to issue separate Orders to Show
Cause for both Freydl and Gamarra for why each of them should not be held
in criminal contempt for their willful disobedience of the Assignment Order.
Code of Civil Procedure (CCP) 1209, et seq., provides this Court with the
power to punish acts, such as Freydl and Gamarra's, which are in
"disobedience of any lawful . . . order of the court." CCP 1209(a)(5). See
also Pacific Telephone and Telegraph Co. v. Superior Court, 265 Cal.App.2d
370 (1968) (1209 contempt proceedings are special proceedings, criminal
in character and intended to implement the inherent power of the court to
enforce its lawful orders).
The account was the subject of a restraining order which did not dissolve
until five (5) days after the date of the Assignment Order. See Assignment
Order, E, last . Both Freydl and Gamarra were served within this time
period, discussed, infra. Accordingly, the full $21,055.59 should have been
assigned and paid to Newton.
13

11

CCP 1211 provides that when contempt is not committed in the

immediate view and presence of the court, an affidavit shall be presented to
the court of the facts constituting the contempt. For this purpose,
declarations can be used in place of affidavits. CCP 2015.5.
The above declaration "need only make a prima facia showing of the
elements of contempt." Crawford v WCAB, 213 Cal.App.3d 156, 169 (1989).
The declaration must show: (1) the rendition of a valid order; (2) the
respondent's knowledge of the order; (3) the respondent's ability to comply
with the order; and (4) the respondent's willful disobedience of the order.
See Conn v Superior Court (Farmer's Group), 167 Cal.App.3d 774, 784
(1987). All these conditions are present here, and Freydl and Gamarra are
each guilty of contempt of Court. Each of the elements is discussed below.
1.

Valid Order.

The Assignment Order was properly and validly issued by the

Honorable Steven L. Perk on June 23, 2011, after a full Hearing and due
process to Freydl, who was represented by counsel. The Order remains valid
today. Since its entry, there has been no successful challenge to the validity
of the Order by Freydl. (Newton Decl. at 4.) There was no appeal from the
Order, which is clearly final and no longer subject to direct or collateral
attack.
A.

Any collateral attack against the Injunction by Freydl

would be meritless.

12

The only permissible collateral attack against the Order would be

based on a wholly meritless claim by Freydl that it is invalid on its face.
People v Gonzalez, Cal.4th 804, 823-4 (1996). The Court's file reflects that,
prior to the entry of the Order, Freydl fully litigated his claims against such
an order.

Considerable time and effort was expended by the parties and

Judge Perk in addressing and rejecting Freydl's numerous arguments as to

why the proposed Order was improper.
2.

Freyd and Gamarra

Assignment Order.

Had

Actual

Knowledge

Of

The

Both Freydl and Gamarra are and have been, at all times relevant,
actually knowledgeable of the Assignment Order.

Freydl was competently

represented by counsel at the Hearing, attorney Steven T. Devlin, Esq.,

whose office at the time was embroiled in the Focus on Cars compound in
Long Beach. Moreover, Gamarra and Freydl were properly served with the
Order. Proofs of service are attached hereto and labeled as Exhibit 4 and 5.
Although Gamarra instructed his guard, James, to attempt to illegally block
service, his attempted obstruction of justice did not succeed, and Freydl was
nevertheless served by substitute service on James, 14 after the required
number of attempts had been accomplished. Therefore, Freydl is bound by

14

As well as by mail at his residence. Id.

13

the Order, which includes the injunction and notice of contempt set forth in
CCP 708.520.15
Gamarra was served both personally and by substitute service on James. 16
Id. Additionally, the Order was faxed to attorney Devlin17 on June 23, 2011.

15

CCP 708.510 provides:

(a) When an application is made pursuant to Section or
thereafter, the judgment creditor may apply to the court for an
order restraining the judgment debtor from assigning or
otherwise disposing of the right to payment that is sought to be
assigned. The application shall be made on noticed motion if the
court so directs or a court rule so requires. Otherwise, it may be
made ex parte.
(b) The court may issue an order pursuant to this section upon a
showing of need for the order. The court, in its discretion, may
require the judgment creditor to provide an undertaking.
(c) The court may modify or vacate the order at any time with or
without a hearing on such terms as are just.
(d) The order shall be personally served upon the judgment
debtor and shall contain a notice to the judgment debtor that
failure to comply with the order may subject the judgment
debtor to being held in contempt of court. Id.

Pursuant to CCP 708.540, Notice to Gamarra, as Obligor under the

Assignment Order, was sufficient to bind him to it. CCP 708.540 provides:
The rights of an obligor are not affected by an order assigning
the right to payment until notice of the order is received by
the obligor. For the purpose of this section, "obligor" means
the person who is obligated to make payments to the
judgment debtor or who may become obligated to make
payments to the judgment debtor depending upon future
developments. Id. (emphasis added).
16

14

3.Freydl and Gamarra Were Fully Able To Comply With This

Courts Assignment Order, And Freydl Was Fully Able To
Comply With The Injunction.
Both Freydl and Gamarra were fully able to comply with the
Assignment Order, and Freydl was fully able to comply with the injunction.
Gamarra wrote checks (see exemplars, Exhibit 3 hereto) to Freydl, and
Freydl cashed each and every one of these checks. Accordingly, the checks
themselves are res gestae of Gamarras ability to comply with the
Assignment Order. Freydl was fully able to comply with the assignment to
Newton, as proven by his service upon Newton of a barratrous, million
dollar retaliatory lawsuit against Newtons brother, Richard, whom Freydl
attempted to serve at Newtons then address in Royal Oak, Michigan. 18
Accordingly, both Freydl and Gamarra should be held in contempt for failure
to complete the assignment. Additionally, Freydl should separately be held
in contempt for each act of disobeying the injunction. 19
4.Freydl and Gamarra Have Willfully Disobeyed The Assignment
Order And The Injunction, And Must Be Appropriately
Sanctioned.
17

And Bank of Americas legal department.

See Newton v Bank of America, 0-2011-00485897-CU-EN-CJC, Events

#23 (Cross Complaint filed by Freydl) and #30 (service of Cross Complaint
by mail by Freydl on Richard Newton at Jeffrey Newtons address).
18

19 Accordingly, Freydl should be punished separately for each act of

contempt for both the failure to assign and the violation of the injunction, for
double the incarceration, i.e., ten (10) days of jail for each check, rather
than merely five (5).
15

Both Freydl and Gamarra wilfully failed to comply with the Assignment
Order. Neither one of them has sent Newton any money. Neither one of
them have sent Newton any written evidence of an assignment.
omissions

constitute

contempt

pursuant

to

Penal

Code

These

166(a)(4). 20

Moreover, Freydl, by violating the CCP 708.510 injunction, is separately

liable for each act of that contempt. Accordingly, the requirement that there
be a "willful disobedience" of a court order to support the sanction of
criminal contempt is undeniably met here.
This Honorable Court should exercise all of its available powers to stop
the mockery of its authority and the violation of Newton's rights.

Both

Freydl and Gamarra should be subject to a fine of $1,000 for each violation
(each check) for a total (thus far) of $17,000 and incarcerated for not more
than five days, again for each check (for 85 days each) pursuant to CCP
1218. Freydl should be further subject to an additional fine of $1,000.00 for
each violation of the CCP 708.510 injunction for an additional total of
$17,000.00 (thus far) and an additional period of incarceration for not more
than five days, again for each check (for an additional 85 days). This brings
Freydls totals to $34,000.00 and 170 days. Newton should also be awarded

166(a)(4) condemns [w]illful disobedience of the terms as written of

any process or court order or out-of-state court order, lawfully issued by a
court, including orders pending trial. Id.
20

16

the costs and attorneys' fees he has incurred in enforcing the Assignment
Order.21
Newton also submits that upon a finding of contempt under CCP
1209, et seq., referral to the District Attorney for misdemeanor prosecution
under Penal Code 166(4) is also necessary to curtail Freydl and Gamarra's
continued defiance of this Court's authority.
5.

Liability Of Gamarra.
Gamarra is guilty of contempt for aiding and abetting Freydl in his

contempt. Without Gamarra, Freydls contempt vis a vis any payments from
Gamarra or any of his listed corporations would simply not have been
possible. Accordingly, Gamarra intentionally acted in concert with Freydl to
avoid paying Newton, and therefore should be held in contempt.
The Assignment Order is an order requiring an act to be done, and,
therefore, is in all respects an affirmative injunction. The case law is pretty
clear: parties may not play jurisdictional "shell games." They may not nullify
an injunctive decree by carrying out prohibited acts with or through
nonparties to the original proceeding.

Regal Knitwear v Labor Board, 324

U.S. 9, 14 (1945), 65 S.Ct. at 481; Roe v Operation Rescue (3d Cir. 1995)
54 F.3d 133, 139 ("... an instigator of contemptuous conduct may not
'absolve himself of contempt liability by leaving the physical performance of
the forbidden conduct to others).

21 Including $3,500 regarding the barratry, discussed, supra.

17

Accordingly, the affirmative injunction of the Assignment Order runs to

Gamarra, who is bound by it.

In matters of injunction ... it has been a

common practice to make the injunction run also to classes of persons [with
or] through whom the enjoined person may act ....," such as Gamarra. Ross
v Superior Court, 19 Cal. 3d 899, 906, 141 Cal. Rptr. 133, 569 P.2d 727
(1977). See also People v Conrad, 55 Cal. App. 4th 896, 903, 64 Cal. Rptr.
2d 248 (1997).
Accordingly, Gamarras multiple actions in writing checks to Freydl with
full knowledge of, and in violation of, the Assignment Order, are fully
contemptible, and his liability is as full as Freydls himself.
6.
Notice To Freydl And Gamarra.
Both Freydl and Gamarra were timely and properly Notified of the
date, time, location and nature of these proceedings, including the Monday,
July 14, 2014 8:30 a.m. Ex Parte Hearing hereto, all as set forth in the
attached Declaration of Jeffrey S. Newton at 8 and 9 thereto, the Ricardo
(Richard)

Gamarra/Asombroso

Tequila

contact

information

from

the

Internet, attached hereto and labeled as Exhibit 6, and the Freydl/Newport

Villa Apartment Fax information and rent check, attached hereto and labeled
as Exhibit 7.

A copy of the covering email letter of the Application to Mr.

Gamarra is attached hereto and labeled as Exhibit 8. A copy of the covering

email letter of the Application to Mr. Freydl is attached hereto and labeled as
Exhibit 9.
IV. CONCLUSION
For the above reasons, Newton respectfully requests that this
Honorable Court issue its Order to Show Cause why Judgment Debtor
18

Thomas Patrick Freydl and Assignment Order Obligor Richard Gamarra to

should not be held in contempt of Court, incarcerated until payment as set
forth above is made in full, and Ordered to pay Newton his costs and
attorney fees incurred in bringing this Motion.22
Respectfully submitted,
____________________
Jeffrey S. Newton
Plaintiff/Judgment Creditor
DATED:

July 10, 2014

Or to immediately pay all monies paid to Freydl by any of the Obligors

since June 23, 2011 over to Newton, as well as the full $21,055.59 in the
identified Bank of America Account.
22

19

DECLARATION JEFFREY S. NEWTON

I, JEFFREY S. NEWTON, first being duly sworn, do hereby declare,
under penalty of perjury, as follows:
1.

I am the Plaintiff and Judgment Creditor in this action. I have

represented myself through all states of these proceedings. As such, I have

personal knowledge of the facts set forth below and, if called upon to testify
on such matters, would and could do so competently.
2.

On June 23, 2011, Judge Perk of this Court entered the

Assignment Order which is the subject of this motion. Exhibit 1 to Motion.

At the Hearing thereto, Defendant-Judgment Debtor Thomas Patrick Freydl
(Mr. Freydl) was competently represented by counsel at, Steven T. Devlin,
Esq. (Attorney Devlin) The Court thoroughly considered and rejected all of
Mr. Freydls numerous arguments against the entry of such an Order.
3.

Both Mr. Freydl and Ricardo Richard Gamarra (Mr. Gamarra)

were timely and properly served with the Assignment Order, as fully set forth
in Exhibits 4 and 5 to Motion. Additionally, the Order was telefaxed on the
date of its entry to Attorney Devlin, who personally informed me that he
represents Mr. Gamarra in other matters. Accordingly, both these gentlemen
have and have had, since June 23, 2011, actual knowledge of the
Assignment Order.
4.

Neither Mr. Freydl nor Mr. Gamarra have ever sought to

challenge the Assignment Order after the date of its entry.

20

5.

Mr. Gamarra wrote at least seventeen (17) checks from June 23,

2011 to the present to Mr. Freydl from Focus on Cars. Exhibits 2 and 3 to
Motion. All of these checks are in violation of the Assignment Order. Neither
Mr. Gamarra nor Mr. Freydl have ever paid me any money or assigned any of
Mr. Freydls payments to me since June 23, 2011.

Accordingly, both Mr.

Gamarra and Mr. Freydl had the actual ability to comply with the Assignment
Order, and have wilfully disobeyed said Order.
6.

I am informed and believe that there are many more payments

that I am not yet aware of, especially given that the payments that I am
currently aware of and have presented to the Court only cover a period of
four and a half (4.5) months during a thirty six (36) month period, i.e., from
November 27, 2012 through April 8, 2013 during the period from June 23,
2011 through the present.
7.

Mr. Freydl saw fit to file a vexatious, totally spurious, barratrous

Crossclaim against my brother, Richard A. Newton, which he served by mail

to my Michigan address of 208 Willis, Royal Oak, Michigan 48067. Mr. Freydl
also has my telephone number and email address (these have not changed
since the date of the entry of the Assignment Order).
capable

of

contacting

me

at

any

time.

Mr. Freydl is fully

Mr. Gamarra is

similarly

knowledgeable and capable.

8.

On the morning of July 11, 2014, I emailed the documents listed

in 9 hereinabove to Mr. Gamarra at ricardo@atequila.com, which is the

21

email address that he lists on his Asombroso Tequila website. Also on said
date and time, I called the telephone number listed on said website [(949)
709-2585] and left a message stating the date, time, location and nature of
this Application. Exhibit 6 to Motion.
9.

On July 10, 2014, I spoke with Paula of Newport Villa

Apartments in Newport Beach, California, which is Mr. Freydls last known

address, as well as the address that he used at the time of the entry of the
Assignment Order. Paula told me that Mr. Freydl still lived there. Paula gave
me the office fax number of 949-642-4348, which is listed on their Website.
Exhibit 7 to Motion. On the morning of July 11, 2014, I faxed a copy of the
Application and Order for Show Cause, together with supporting exhibits and
this Declaration, to said fax number. I also emailed on that date the said
documents to Mr. Freydl at patrickfreydl@hotmail.com, which is the email
address that he has used in these proceedings, and which I believe is on file
with the Court.
I declare under penalty of perjury pursuant to the laws of the State of
California that the foregoing is true and correct. Executed this 10th day of
July, 2014 at Valley Village, California.
_____________________
Jeffrey S. Newton

22