The opinion of the court was delivered by: Honorable Philip S. Gutierrez, United States District Judge
Present: The Honorable Philip S. Gutierrez, United States District Judge
Wendy K. Hernandez Not Present n/a
Deputy Clerk Court Reporter Tape No.
Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s): Not Present Not Present
Proceedings: (In Chambers) Order Denying Plaintiff's Ex Parte Request for a Temporary Restraining Order
Before the Court is pro se Plaintiff Sheena Pascascio's ex parte application for a temporary restraining order. The Court finds the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. Having considered the papers submitted in support of the application, the Court DENIES the application.
On January 31, 2012, Plaintiff Sheena Pascascio ("Plaintiff") brought an action for fraud and quiet title against Defendants New Century Mortgage Company ("New Century"), Western Progressive LLC ("Western Progressive"), Christina Carter, Nathan Sands, Deutsche Bank National Trust Company ("Deutsche"), and Mortgage Electronic Registration Systems Inc. ("MERS") (collectively, "Defendants"), arising from the purportedly wrongful foreclosure of her
See Dkt. # 1. Plaintiff claims she was fraudulently induced into executing the Note and Deed of Trust, and that Defendants conducted an illegal trustee's sale due to defects in the foreclosure process. See Compl.
On October 16, 2006, Plaintiff refinanced the Property by obtaining a $461,250.00 loan from New Century Mortgage Corporation secured by a Note and a Deed of Trust against the Property. See Compl., Ex. A. Plaintiff subsequently became delinquent on her payments and Western Progressive, in its capacity as Trustee, recorded a notice of default and election to sell under deed of trust on January 4, 2011. See id., Ex. D. The notice of default indicates that Plaintiff stopped making payments on May 1, 2010 and was in arrears in the amount of $39,414.95 as of January 2, 2011. See id., Ex. D. When Plaintiff did not cure her arrearage, a notice of trustee's sale was recorded on April 13, 2011. See RJN, Ex. 4. Plaintiff then filed a voluntary petition for bankruptcy in the Central District on May 5, 2011, which was terminated on August 30, 2011. See RJN, Ex. 1. A trustee's deed upon sale was recorded on October 13, 2011, evidencing that the property had been sold to Deutsche on September 28, 2011. See , Ex. E.
Over four months later, Plaintiff filed this case. See Dkt. # 1. Plaintiff did not prosecute the action beyond filing an improper First Amended Complaint ("FAC") on April 10, 2012, in lieu of opposing Defendants' motion to dismiss. See Dkt. # 11, 14. Like the original Complaint, the FAC states claims for quiet title, fraud, and wrongful foreclosure. See Dkt. # 14. Defendants filed a second motion to dismiss the FAC on May 4, 2012. See Dkt. # 17. Plaintiff now seeks ex parte relief for a temporary restraining order. See Dkt. # 23.
The law on ex parte applications is well-settled in this circuit. In order to justify ex parte relief, the moving party must establish (1) that its cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures, and (2) that it is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of ...