Menis

Menis v. NDEx West CA5

Good Law
Court of Appeal of CaliforniaMay 30, 2014F065025California4,892 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

Plaintiffs sued defendants, NDEx West, LLC, Wells Fargo Bank, Wachovia Mortgage, a division of Wells Fargo Bank, and four individuals, alleging 10 causes of action arising out of defendants’ attempt to conduct a nonjudicial foreclosure sale of plaintiffs’ residence. The same day they filed their complaint, plaintiffs presented an ex parte application for a temporary restraining order (TRO) and an order to show cause (OSC) re preliminary injunction against NDEx West only, seeking to enjoin it from conducting the trustee’s sale. The trial court granted the TRO, restraining NDEx West from proceeding with the trustee’s sale of plaintiffs’ property, pending further hearing, and setting the matter for an OSC hearing. Wells Fargo1 filed a response opposing issuance of a preliminary injunction; NDEx did not file any opposition. The matter was heard on March 2, 2012, with plaintiffs and Wells Fargo appearing at the hearing. On that date, the trial court entered a minute order granting the request for a preliminary injunction against NDEx West and enjoining it from proceeding with the foreclosure sale. The minute order did not mention a bond or undertaking. The…

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