Cunningham

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH CUNNINGHAM, JR.; and No. 2:19-cv-01096-TLN-DB

KATHY CUNNINGHAM,

12 Plaintiffs, MEMORANDUM AND ORDER v.

SELECT PORTFOLIO SERVICING,

INC.; and DOES 1-10, inclusive, Defendants. 17 Plaintiffs Joseph Cunningham, Jr., and Kathy Cunningham (collectively “Plaintiffs”) bring this action against Defendant Select Portfolio Servicing, Inc. (“Defendant”) alleging violations of California’s Homeowner Bill of Rights (“HBOR”), as well as negligence in the handling of Plaintiffs’ loan modification application. (ECF No. 1 at 10.) Plaintiffs filed a Complaint in state court on May 20, 2019, and Defendant removed the action to this Court on June 14, 2019. (ECF No. 1 at 1.) Presently before the Court is Plaintiffs’ Ex Parte Application for Temporary Restraining Order (“TRO”). (ECF No. 13.) For the reasons set forth below, that application is DENIED. /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND On March 22, 2005, Plaintiffs…