Ernest

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FROBIE ERNEST, Case No. 4:24-cv-02109-JD

Plaintiff,

ORDER RE TRO

v.

SELECT PORTFOLIO SERVICING, INC, Defendant.

Plaintiff Frobie Ernest alleges that defendant Select Portfolio Servicing, Inc. (SPS) mishandled a forbearance request for a residential mortgage on Ernest’s home. On April 8, 2024, he filed a complaint and an application for a temporary restraining order to stop a trustee’s sale scheduled for April 10, 2024. Dkt. No. 1 (complaint); Dkt. No. 7 (TRO application). The parties’ familiarity with the record is assumed, and a TRO is denied. The reasons for the denial are straightforward. Although Ernest styled the application as “ex parte,” he filed a declaration describing efforts to give notice to SPS. See Dkt. No. 7-2 ¶¶ 2, 3. Consequently, the Court will evaluate the application as a noticed motion under the standards for a preliminary injunction, which is a more generous approach than afforded by a true ex parte application. See Fang v.…