Martinez v. Wells Fargo Bank, N.A. et al

Filing 24

ORDER DENYING PLAINTIFFS' REQUEST FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE 10 (Illston, Susan) (Filed on 10/3/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-04464 SI

RODOLFO MARTINEZ,
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Plaintiff,

ORDER DENYING PLAINTIFFS’
REQUEST FOR A TEMPORARY
RESTRAINING ORDER AND ORDER
TO SHOW CAUSE

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United States District Court
For the Northern District of California

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v.
WELLS FARGO BANK, N.A.; CALWESTERN RECONVEYANCE CORP, a
California Corporation; and DOES 1 through 20
Inclusive,

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Defendants.

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On September 17, 2012, plaintiff filed an ex parte application for a temporary restraining order
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and order to show cause regarding a preliminary injunction, seeking to enjoin defendants from
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conducting the trustee’s sale of plaintiff’s home scheduled for October 2, 2012. Defendants opposed
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the motion, and the Court held a hearing on the matter on September 27, 2012.
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Plaintiff’s motion was premised on defendant’s alleged violation of California Civil Code
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§ 2923.5. For reasons discussed with the parties on the record, plaintiff’s request for a TRO and OSC
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was DENIED. The Court found that on the record presented by plaintiff, plaintiff has failed to
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establish that he is likely to succeed on the merits of his claim under California Civil Code § 2923.5.
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IT IS SO ORDERED.
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Dated: October 3, 2012
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SUSAN ILLSTON
United States District Judge