HOWARD VS U.S. BANK
CVRI2202682
PRELIMINARY INJUNCTION
NATIONAL ASSOCIATION
Tentative Ruling:
Plaintiff fails to meet her burden of prevailing on the merits, accordingly, the
request for preliminary injunction is denied.
A motion for preliminary injunction must show (1) a probability of prevailing on the merits, and (2)
that
the
balance
of
hardships
favors
issuance
of
the
injunction.
(O’Connell
v. Superior
Court
(2006) 141 Cal.App.4th 1452, 1463.)
However, “[t]he applicant must demonstrate a real threat of
immediate and irreparable injury.”
(Triple A. Machine Shop, Inc. v. State of California (1989) 213
Cal.App.3d 131, 138.)
Here, Plaintiff will suffer harm because she will lose her home.
Thus, the
issue is a probability of prevailing on the merits.
JUDICIAL NOTICE REQUESTS:
1
However, in Rattagan v. Uber Technologies, Inc. (9th Cir. 2021) 19 F.4th 1188, the Ninth Circuit recently certified
the following question to the California Supreme Court: “Under California law, are claims for f