Gates

Gates v. Superior Loan Servicing

Good Law
United States District Court, Northern District of CaliforniaSeptember 8, 20213:21-cv-06369California608 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TYRIOUS GATES, Case No. 3:21-cv-06369-WHO

Plaintiff,

TEMPORARY RESTRAINING ORDER

v. 9 Re: Dkt. No. 11 SUPERIOR LOAN SERVICING, Defendant.

12 Based on the record before the Court, which does not include a response from defendant because of the timing of plaintiff’s service of the order setting the hearing, the application for a temporary restraining order (“TRO”) is GRANTED. Plaintiff Tyrious Gates has shown “serious questions going to the merits” that his property was foreclosed on in violation of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) and/or California state law. See Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1132 (9th Cir. 2011) (holding that a preliminary injunction can issue if a plaintiff demonstrates “serious questions going to the merits,” that the balance of hardships “sharply” favors him, and that the other elements are met); Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832, n. 7 (9th…

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