HEARING ON MOTION FOR PRELIMINARY INJUNCTION
FILED BY PRAVEEN GUPTA
* TENTATIVE RULING: *
This is a wrongful foreclosure case. On November 4, 2019 Praveen Gupta filed a complaint against Nationstar Mortgage for (1) negligence, (2) breach of contract, and (3) violation of Bus. & Prof. Code § 17200 et seq. For the following reasons, Plaintiff’s motion for a preliminary injunction is denied.
Legal Standard
The ruling on an application for preliminary injunction rests in the sound discretion of the trial court. (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1450.) “An injunction properly issues only where the right to be protected is clear, injury is impending and so immediately likely as only to be avoided by issuance of the injunction.” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.)
The burden is on Plaintiff to show all elements necessary to support issuance of a preliminary injunction. (O’Connell v. Sup.Ct. (Valenzuel
Hearing Date
May 27, 2020
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HEARING ON MOTION FOR PRELIMINARY INJUNCTION
FILED BY PRAVEEN GUPTA
* TENTATIVE RULING: *
This is a wrongful foreclosure case. On November 4, 2019 Praveen Gupta filed a complaint against Nationstar Mortgage for (1) negligence, (2) breach of contract, and (3) violation of Bus. & Prof. Code § 17200 et seq. For the following reasons, Plaintiff’s motion for a preliminary injunction is denied.
Legal Standard
The ruling on an application for preliminary injunction rests in the sound discretion of the trial court. (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1450.) “An injunction properly issues only where the right to be protected is clear, injury is impending and so immediately likely as only to be avoided by issuance of the injunction.” (Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084.)
The burden is on Plaintiff to show all elements necessary to support issuance of a preliminary injunction. (O’Connell v. Sup.Ct. (Valenzuel