Lingareddy
Lingareddy v. Rubicon Mortgage Fund, LLC
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MAHESWARA LINGAREDDY, et al., Case No. 3:23-cv-06467-JD
8 Plaintiffs,
ORDER RE EX PARTE APPLICATION
9 v. FOR TRO
10 RUBICON MORTGAGE FUND, LLC, et al., 11 Defendants.
12 13 Plaintiffs are homeowners who have applied for a temporary restraining order to stop 14 foreclosure proceedings slated to begin December 22, 2023, on their residence at 1853 Via Di 15 Salerno, Pleasanton, CA 94566. Dkt. No. 9. The original amount of the loan secured by the 16 residence was $3,030,000.00, Dkt. No. 1 ¶ 20, and the current amount due is $3,711,807.99, id. ¶ 17 32. Plaintiffs styled the application “ex parte”, but defendant Rubicon Mortgage Fund, LLC 18 (RMF) filed an opposition. Dkt. No. 11. A TRO is denied. 19 The reasons for the denial are straightforward. Although plaintiffs unduly muddied the 20 waters by seeking to obtain ex parte relief despite their long-running dealings with a known 21 defendant, namely RMF, the opposition to the TRO application indicates that notice was received,…