Price v. Grand Bank for Savings, FSB et al

Filing 3

ORDER Denying Temporary Restraining Order. Signed by Judge Larry Alan Burns on 2/27/2018.(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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NATALIE PRICE, Trustee of The Joyce A.
Childress Trust of 2004,

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Plaintiff,

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CASE NO. 18cv440-LAB (NLS)
ORDER DENYING TEMPORARY
RESTRAINING ORDER

vs.
GRAND BANK FOR SAVINGS, FSB, a
Federal Savings Bank, et al.,
Defendants.

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Natalie Price sued Grand Bank and Grand Financial Corporation for violations of the

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Fair Debt Collection Practices Act, wrongful foreclosure, and other claims. Last November,

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Grand Bank recorded a Notice of Default demanding that Price pay an alleged balance on

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property she owns of about $11,000. Three weeks ago, Grand Bank recorded a Notice of

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Trustee’s Sale for March 1, 2018. Price asks for a temporary restraining order to prevent

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the sale.

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The Court may issue a TRO only if Price alleges specific facts that clearly show

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immediate and irreparable injury will result, and, that explain why notice to the other side

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shouldn’t be required. Fed. R. Civ. P. 65(b). Price says she’ll suffer irreparable damage

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because she could lose property worth $400,000 over an $11,000 dispute. Price maintains

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that the Court must prioritize her case above all others, and proceed without notice to the

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other side, because the sale occurs in three days. But Price has known about the sale for

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three weeks. And she’s known the amount she needs to pay to prevent sale for three

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months. Price has a simple remedy: pay the $11,000 and maintain an action for damages.

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See, e.g., Barrett v. Popular Inc., 2007 WL 1753539, at *1 (W.D. Wash. June 18, 2007)

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(denying motion for TRO because “plaintiff could have paid the amount allegedly owed” “to

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halt the sale” and would only suffer an “economic injury” which “does not constitute

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irreparable harm”). Moreover, Price’s five-page brief in support of her request for emergency

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relief makes no showing why she’s likely to succeed on the merits of her claims. Since she

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hasn’t made an adequate showing of irreparable harm that requires the Court to expedite

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her case without notice to the other side, her motion is DENIED.

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IT IS SO ORDERED.
Dated: February 27, 2018
HONORABLE LARRY ALAN BURNS
United States District Judge

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