Bever v. Cal-Western Reconveyance Corp. et al

Filing 10

ORDER DENYING 2 Motion for Temporary Restraining Order, Signed by Chief Judge Anthony W. Ishii on 9/23/2011. (Arellano, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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CAL-WESTERN RECONVEYANCE
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CORP., CITIMORTGAGE, INC, and
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MORTGAGE ELECTRONIC
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REGISTRATION SERVICES, INC.,
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Defendants.
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____________________________________)
GLENN W. BEVER,

1: 11-CV-1584 AWI SKO
1: 11-CV-1548 AWI SKO
ORDER DENYING MOTION FOR
TEMPORARY RESTRAINING
ORDER
[Document #2]

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Plaintiff has filed an ex parte motion for a temporary restraining order. Plaintiff seeks a
restraining order and order enjoining Defendant Cal-Western Reconveyance Corp. from selling

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Plaintiff’s home located at 466 West Tenaya Avenue, Clovis, CA 93612. Plaintiff also requests
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the court issue an order to show cause directed at Defendants requiring them to show cause why
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a preliminary injunction should not be granted.
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The court, having reviewed Plaintiff’s motion , the complaint, and supporting documents,
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does not find good cause to issue a temporary restraining order. Plaintiff contends that
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Defendant Cal-Western Reconveyance Corp. has no legal authority to sell Plaintiff’s property.
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Plaintiff contends that Plaintiff and his wife deeded the Property to Glenn W. Bever and Karen L.
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Bever as Trustees of the Bever Family Trust. Plaintiff contends that the 2003 Deed of Trust on
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the property does not allow for a substation of the trustee, and as such, the substation of trustee

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filed in 2011 is not valid.

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A party seeking a preliminary injunction must demonstrate that the party is likely to

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succeed on the merits, that the party is likely to suffer irreparable harm in the absence of

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preliminary relief, that the balance of equities tips in the party’s favor, and that an injunction is in

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the public interest. Winter v. Natural Res. Def. Council, Inc., 129 S.Ct. 365, 374 (2008);

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National Meat Ass'n v. Brown, 599 F.3d 1093, 1097 (9th Cir. 2010). “In each case, courts must

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balance the competing claims of injury and must consider the effect on each party of the granting

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or withholding of the requested relief.” Indep. Liv. Cntr. of Southern Cal., Inc. v. Maxwell-Jolly,

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572 F.3d 644, 651 (9th Cir. 2009) (quoting Winter, 129 S.Ct. at 376) (internal quotation marks

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omitted)).

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In this action, Plaintiff has not met his burden to show that he is likely to succeed on this

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action’s merits. While Plaintiff contends that attached to his declaration are the original deed of

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trust and the allegedly invalid substation of trustee, no documents are attached to Plaintiff’s

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declaration. The court has reviewed the docket in this action and finds that these documents are

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not provided in some other form. Thus, Plaintiff has failed to meet his burden to obtain a

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temporary restraining order at this time.
Accordingly, the court ORDERS that Plaintiff’s motion for a temporary restraining order

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is DENIED without prejudice.

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IT IS SO ORDERED.

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Dated:
9h0d30

September 23, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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