McKay
McKay v. Fay Servicing, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 APRIL MCKAY, Case No. 23-cv-03731-EMC
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION FOR A TEMPORARY
RESTRAINING ORDER
FAY SERVICING, LLC, Docket No. 4 Defendant.
12 13 Plaintiff April McKay has filed a foreclosure-related suit against Defendant Fay Servicing, LLC. Currently pending before the Court is her motion for a temporary restraining order (“TRO”). In the motion, Ms. McKay asks that the Court enjoin a foreclosure sale of certain real property located in Antioch, at least pending a hearing on a motion for a preliminary injunction. Having considered the parties’ briefs and accompanying submissions, the Court hereby DENIES Ms. McKay’s motion. Fay Servicing has opposed Ms. McKay’s motion on the basis that the Court lacks subject matter jurisdiction over the case. If the Court lacks subject matter jurisdiction, then it cannot issue a TRO even if the TRO simply preserves the status quo. In her…