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Antonio Contreras v. Mtc Financial Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


January 3, 2011

ANTONIO CONTRERAS,
PLAINTIFF,
v.
MTC FINANCIAL INC., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER DENYING EX PARTE REQEST FOR INJUNCTION

proceedings brought against him in the Superior Court of Monterey County, case number

Plaintiff's request for a stay be denied. See Dkt. No. 5. On December 27, 2010, Plaintiff filed a "Request for Reconsideration" of Judge Grewal's December 22, 2010 Order. This Court 22 considered and denied Plaintiff's request on December 28, 2010. See Order Adopting Report and Recommendation and Denying Request for Temporary Restraining Order, and Dismissing Case, 24 dated December 28, 2010 (Dkt. No. 6). On the same day, December 28, 2010, Plaintiff Contreras 25 filed a document titled "Ex Parte Motion to Stay Unlawful Detainer Proceeding Pending Related Court considered and rejected Mr. Contreras' arguments in favor of a stay of the Superior Court

On December 22, 2010, Plaintiff filed a request with this Court to stay unlawful detainer M109128. On the same day, Magistrate Judge Grewal signed a Report and Recommendation that Action in the Smae [sic] Court Monterey Superior Court Cases." In the December 28 Order, this unlawful detainer proceeding. As stated in the December 28, 2010 Order, Mr. Contreras' appeal is 2 pending with the Sixth District Court of Appeal. Thus, that court is the more appropriate forum 3 from which to seek a stay of the unlawful detainer proceedings. As discussed in the December 28, 2010 Order, and in Judge Grewal's December 22, 2010 Order, this Court has no jurisdiction to 5 enter a stay of the state court unlawful detainer proceedings. Therefore, Mr. Contreras's request is 6 denied, and this matter shall remain closed.

IT IS SO ORDERED.

For the Northern District of California United States District Court

20110103

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