Judge: Lee W. Tsao, Case: 23NWCV04111, Date: 2023-12-27 Tentative Ruling

Case Number: 23NWCV04111    Hearing Date: March 5, 2024    Dept: C

Pozo v. County Records Research Inc., Case No. 23NWCV04111

This is a real estate foreclosure action. This is a renewed application. Plaintiff seeks a temporary restraining order to stay foreclosure on the property known as 228 N. Hicks Avenue, Los Angeles, California 90063.  On December 27, 2023, the Court granted Plaintiff’s TRO on representations from Plaintiff that the property was his primary residence and that Defendants did not contact Plaintiff to explore options to avoid foreclosure in violation of CCP § 2923.5.  The TRO was unopposed.  On January 31, 2024, the Court dissolved the TRO and denied a Preliminary Injunction because Defendants produced evidence that the property was not in livable condition at the time Plaintiff declared he was occupying it as his primary residence. 

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. Rules of Court, rule 3.1202(c); Newsom v. Super. Ct. (Gallagher) (2020) 50 Cal.App.5th 1093, 1097.)

Plaintiff has not argued irreparable harm or immediate danger. Plaintiff asserts that injunctive relief is proper because the matter involves land, but this is different from arguing irreparable harm or immediate danger. (Ex parte application, pg. 4.) Further, none of the cases Plaintiff cites in support of his assertion are about ex parte relief.  Plaintiff also has not argued another statutory basis for granting ex parte relief.  Accordingly, Plaintiff’s ex parte application for a temporary restraining order to stay foreclosure is DENIED. 

Moving party to give notice.