Rosa Silvas v. G.E. Money Bank

MEMORANDUM

In these consolidated appeals, Rosa A. Silvas challenges the denial of two motions for a preliminary injunction preventing the foreclosure sale of her home. We have jurisdiction over these interlocutory appeals under 28 U.S.C. § 1292 . We affirm as to appeal No. 10-16525, and we dismiss appeal No. 10-16526 as moot.

1. No. 10-16525

Th’e district court denied Silvas’s request for a preliminary injunction as to her claims arising under the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq., and the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq. Silvas argues that the district court erroneously found that the statute of limitations barred her FHA and TILA damages claims, and that it failed to consider her TILA rescission claim.

We review the denial of a preliminary injunction for an abuse of discretion. Playmakers LLC v. ESPN, Inc., 376 F.3d 894, 896 (9th Cir.2004). “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Natural…