Harris v. Secretary of Housing and Urban Development et al

Filing 25

ORDER signed by Judge John A. Mendez on 9/23/2014 DENYING 21 Motion for TRO. (Donati, J)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

CHRIS HARRIS,

13

16
17
18

2:14-cv-01769 JAM AC

Plaintiff,

14
15

No.

v.
THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT OF WASHINGTON, D.C.,
HIS SUCCESSORS AND ASSIGNS; THAO
PHAM, an individual; MIGUEL A.
UGARTE, an individual; MID VALLEY
MORTGAGE SERVICES INC., a
California corporation, and DOES 1
through 30,

ORDER DENYING PLAINTIFF’S
APPLICATION FOR A
TEMPORARY RESTRAINING
ORDER

19
Defendants.
20
21
22

This matter is before the Court on Plaintiff Chris Harris’

23

(“Plaintiff”) Ex Parte Motion for a Temporary Restraining Order

24

(“TRO”) (Doc. #21). 1

25

behalf of the Secretary of Housing and Urban Development

26

(“Defendant” or “HUD”), filed an opposition (Doc. #23).

Defendant United States of America, on

For the

27
1

28

This motion was determined to be suitable for decision without
oral argument. E.D. Cal. L.R. 230(g). No hearing was scheduled.
1

1

reasons stated below, Plaintiff’s application for a TRO is

2

DENIED.

3
4

I.

OPINION

5

A.

Legal Standard

6

Federal Rule of Civil Procedure 65 provides authority to

7

issue either preliminary injunctions or temporary restraining

8

orders.

9

demonstrate that it is “[1] likely to succeed on the merits,

A plaintiff seeking a preliminary injunction must

10

[2] that he is likely to suffer irreparable harm in the absence

11

of preliminary relief, [3] that the balance of equities tips in

12

his favor, and [4] that an injunction is in the public interest.”

13

Am. Trucking Ass’ns v. City of Los Angeles, 559 F.3d 1046, 1052

14

(9th Cir. 2009) (quoting Winter v. Natural Res. Def. Council, 129

15

S. Ct. 365, 374 (2008)).

16

restraining order are the same.

17

John D. Brush & Co., 240 F.3d 832, 839 n. 7 (9th Cir. 2001).

18

TRO is an emergency measure, intended to preserve the status quo

19

pending a fuller hearing on the injunctive relief requested, and

20

the irreparable harm must therefore be clearly immediate.

21

R. Civ. Proc. 65(b)(1).

The requirements for a temporary
Stuhlbarg Int’l Sales Co. v.
A

Fed.

22

B.

Analysis

23

Having reviewed Plaintiff’s application for a TRO, the Court

24

concludes that Plaintiff has failed to establish a likelihood of

25

success on the merits.

26

that, even if a HUD employee made an oral promise to sell

27

Plaintiff the property at a reduced price, such a promise would

28

be enforceable.

Specifically, Plaintiff has not shown

Under the relevant guidelines, the “list price”
2

1

or “asking price” for a property to be resold by HUD must be

2

“based upon an appraisal conducted by an independent real estate

3

appraiser using nationally recognized industry standards for the

4

appraisal of residential property.”

5

is no provision in these guidelines which authorizes the downward

6

adjustment of the list price for the reason alleged by Plaintiff.

7

24 C.F.R. § 291.100.

8

be “bound by its employees’ unauthorized representations.”

9

Wagner v. Dir., Fed. Emergency Mgmt. Agency, 847 F.2d 515, 519

24 C.F.R. § 291.100.

There

Generally, a governmental agency will not

10

(9th Cir. 1988); see also Teitelbaum v. U.S. Dep't of Hous. &

11

Urban Dev., 953 F. Supp. 326, 331 (D. Nev. 1996) (holding that an

12

oral promise in contradiction of regulatory procedures was

13

insufficient to support a claim against HUD).

14

has failed to establish that he is likely to succeed on the

15

merits of his claims against HUD.

16

application for a TRO is DENIED.

17

motion to dismiss (Doc. #6) and motion to remand (Doc. #7)

18

pending before Magistrate Judge Claire.

Thus, Plaintiff

For this reason, Plaintiff’s
This Order does not affect the

19
20

II.

21

For the reasons set forth above, the Court DENIES

22
23
24

ORDER

Plaintiff’s Motion for a Temporary Restraining Order.
IT IS SO ORDERED.
Dated: September 23, 2014

25
26
27
28
3