Michael Carney v. Bank of America Corporation

MEMORANDUM

Plaintiff-Appellant Michael M. Carney appeals the district court’s order denying his application for a preliminary injunction after finding that he could not demonstrate a likelihood of success on the merits. We review the district court’s decision for abuse of discretion. See, e.g., Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir.2011). We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1), and we affirm.

In order to obtain a preliminary injunction, a party must show that it: (1) is likely to succeed on the merits; (2) is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of the equities tips in its favor; and (4) an injunction is in the public interest. Winter v. Natural Res. Def. Council, 555 U.S. 7, 20 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008). A party seeking a preliminary injunction must make “a clear showing” that it is entitled to such an “extraordinary and drastic remedy.” Mazurek v. Armstrong, 520 U.S. 968, 972 , 117 S.Ct. 1865 , 138 L.Ed.2d 162 (1997) (emphasis omitted).

This action centers around an unfavorable home mortgage refinancing transaction that Carney entered into with Bondcorp Realty…