Bennett et al v. Suntrust Mortgage Inc.

Filing 8

ORDER DENYING WITHOUT PREJUDICE APPLICATION FOR TEMPORARY RESTRAINING ORDER by Judge Jeremy Fogel. (jflc3, COURT STAFF) (Filed on 8/3/2010)

Bennett et al v. Suntrust Mortgage Inc.

Doc. 8

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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**E-Filed 8/3/2010**

CLAUDE BENNET and PAMELA BENNETT, Plaintiffs, v. SUNTRUST MORTGAGE, INC., Defendant.

Case Number C 10-3375 JF ORDER1 DENYING WITHOUT PREJUDICE APPLICATION FOR TEMPORARY RESTRAINING ORDER

Plaintiffs seek a temporary restraining order (TRO) preventing Defendant from foreclosing on and selling Plaintiffs' primary residence, which is located at 508 Herrmann Drive in Monterey, California. Upon review of the complaint and TRO application, the Court finds that Plaintiffs' specific factual allegations are insufficient to enable it to evaluate the merits of Plaintiffs' claims against Defendant. Although the complaint is thirty-three pages in length, virtually none of the allegations describe the details of Plaintiffs' loan or Defendants' alleged actions with respect to the loan transaction. The application also is untimely. Plaintiffs do not explain why their

This disposition is not designated for publication in the official reports.

C a s e Num b e r C 10-3375 JF O R D E R D E N Y IN G W IT H O U T PREJU D IC E APPLICATIO N FO R TEM P O R A R Y RESTRAININ G O R D E R ( J F LC 3 )

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application was filed only two days before the proposed foreclosure sale despite the lengthy notice periods provided under California law. Accordingly, the application is DENIED without prejudice. IT IS SO ORDERED.

5 Dated: 8/3/2010 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
C a s e Num b e r C 10-3375 JF O R D E R D E N Y IN G W IT H O U T PREJU D IC E APPLICATIO N FO R TEM P O R A R Y RESTRAIN IN G O R D E R ( J F LC 3 )

__________________________________ JEREMY FOGEL United States District Judge