Henry Tiu v. Finance America, LLC et al
Filing
8
MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz. The Court DENIES Plaintiffs Ex Parte Application for a Temporary Restraining Order Preventing Foreclosure and Order to Show Cause Why Preliminary Injunction Should Not Issue. (kbr)
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O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 09-5902 AHM (AGRx) HENRY TIU v. FINANCE AMERICA, LLC, et al. Date August 14, 2009
Present: The Honorable Stephen Montes Deputy Clerk
A. HOWARD MATZ, U.S. DISTRICT JUDGE Not Reported Court Reporter / Recorder Tape No. Attorneys NOT Present for Defendants:
Attorneys NOT Present for Plaintiffs:
Proceedings:
IN CHAMBERS (No Proceedings Held)
The Court DENIES Plaintiff's Ex Parte Application for a Temporary Restraining Order Preventing Foreclosure and Order to Show Cause Why Preliminary Injunction Should Not Issue for the following reasons: 1) Plaintiff has provided no proof of service indicating that Defendants have received notice of the motion. 2) Plaintiff has not established a probability of success on the merits for his claims. His Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq., claim for rescission appears to be barred by the three year absolute statute of limitations. 15 U.S.C. § 1635(f). Plaintiff has failed to attach the allegedly deficient Notice of Default on which his claim under Cal. Civ. Code § 2923.5 relies, and he has failed to provide any explanation for its absence. In addition, Plaintiff has not offered any support that Cal. Civ. Code § 2923.6 provides a basis for substantive relief given its purely hortatory language. As to the claim purportedly brought under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq, that claim relies on rescission, and Plaintiff has provided no authority to support the proposition that rescission is an available remedy under RESPA . No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7-15.
: Initials of Preparer SMO
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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