Dale Sabacky v. OneWest Bank, F.S.B. et al

Filing 5

ORDER DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND THE REQUEST IN THE ALTERNATIVE FOR A STAY OF PROCEEDINGS 1 by Judge Dean D. Pregerson. (lc). Modified on 1/26/2015 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DALE SABACKY,

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Plaintiff,
v.
ONEWEST BANK, F.S.B,, a
bank; STATE OF CALIFORNIA, a
sovereign state entity;
SUPERIOR COURT OF THE STATE
OF CALIFORNIA, a judicial
state entity; JERRY BROWN,
as Governor of the State of
California; KAMALA HARRIS,
as Attorney General of the
State of California; JUDGE
DAVID S. WESLEY, Presiding
Judge of the Superior Court
of the County of Los
Angeles; SHERIFF OF THE
COUNTY OF LOS ANGELES, an
enforcement peace officer as
an arm of the Superior
Court; FIRST FEDERAL BANK OF
CALIFORNIA; MTC FINANCIAL
INC., dba Trustee Corps, as
Trustee; T.D. SERVICE
COMPANY, as Trustee;
NATIONAL CITY MORTGAGE, and
Does 1-10,

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Defendants.
___________________________

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Case No. CV 15-00546 DDP (KK)
ORDER DENYING APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND
THE REQUEST IN THE ALTERNATIVE
FOR A STAY OF PROCEEDINGS
[Dkt. No. 1.]

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On January 23, Plaintiff filed a complaint with this Court

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regarding an unlawful detainer matter pending in state court.

As

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part of the complaint, Plaintiff seeks, as his first Cause of

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Action, a “writ of mandate for temporary restraining order and

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preliminary injunction for all defendants.”

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More specifically, he seeks “an order enjoining the defendant

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governmental officials from the continued processing of this

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plaintiff’s UD action removed to this court, and further to enjoin

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the foreclosing defendants from any resale, re-conveyance or

(Complaint at 10.)

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hypothecation of the subject premises pendent lite.”1

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¶ 16.)

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Court as a separate application, see L.R. 65-1, for reasons of

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economy and because Plaintiff is not represented the Court

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considers the application on the merits.

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(Complaint,

Although this request would more properly come before the

“The standard for issuing a temporary restraining order is

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identical to the standard for issuing a preliminary injunction.”

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Whitman v. Hawaiian Tug & Barge Corporation/Young Bros., Ltd.

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Salaried Pension Plan, 27 F.Supp.2d 1225, 1228 (D.Haw.1998).

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to succeed in an application for a TRO, the moving party must show

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“either a likelihood of success on the merits and the possibility

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of irreparable injury, or that serious questions are raised and the

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balance of hardships tips sharply in the movant's favor.”

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for Econ. Equity v. Wilson, 122 F.3d 692, 700 (9th Cir. 1997).

Thus,

Coal.
As

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Despite Plaintiff’s characterization, the Court does not
consider the state court matter to have been “removed to this
court” in this case. See Onewest Bank FSB v. Dale Sabacky, No.
2:14-cv-09308-DDP-FFM, Dkt. No. 8 (Dec. 15, 2014) (prohibiting
Plaintiff from filing any further notice of removal from Los
Angeles Superior Court without an order of the Court or the Chief
Judge).
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to success on the merits, Plaintiff presents no argument other than

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the conclusory statement that “defendants have little or no

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defenses the serious allegations against them [sic] and otherwise

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have has [sic] no justiciable claims against Plaintiff.”

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(Complaint, ¶ 19.)

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the TRO requested.

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The Court finds that there is no cause to grant

Plaintiff also “move[s] for” a stay of proceedings in the

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event that the TRO is denied.

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for a stay of proceedings should be a noticed motion filed in

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(Complaint at 12:16-19.)

A motion

accordance with local rules.
The application for a temporary restraining order, and the

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request in the alternative for a stay of proceedings, are hereby

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DENIED.

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IT IS SO ORDERED.

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Dated: January 26, 2015
DEAN D. PREGERSON
United States District Judge

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