Kwesi Hutchful v. Wells Fargo Bank, N.A.

MEMORANDUM

Kwesi Hutchful appeals from the district court’s denial of a preliminary injunction barring a foreclosure sale of his condominium. He argues that defendants (hereafter referred to collectively as “Wells Fargo”) failed to comply with California Civil Codes §§ 2923.5 and 2924. We affirm the district court’s denial of relief.

“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 Res. Def. Council, Inc., 555 U.S. 7, 20 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008). A district court decision regarding preliminary injunction relief is subject to limited and deferential review and we will reverse only if the district court abused its discretion. Flexible Lifeline Sys., Inc. v. Precision Lift, 654 F.3d 989, 993-94 (9th Cir. 2011).

To the extent that the application of California Civil Codes 2923.5 and 2924 to Wells Fargo is not preempted by regulations promulgated under the Home Owners Loan Act, 12 U.S.C. § 1461 et seq., see Ngoc…