United States District Court, S.D. California
For Myrna Gonzalez, Plaintiff: Clifford A. Dover, LEAD ATTORNEY, Law Office of Clifford A Dover, San Diego, CA.
For Recht Family Partnership, doing business as Bonita Court Apartments, Sunwest Management, Inc., a California Corporation, Robin Kinard, Defendants: Craig D McMahon, LEAD ATTORNEY, Kimball Tirey and St John, San Diego, CA.
WILLIAM Q. HAYES, United States District Judge.
The matter before the Court is Plaintiff's Motion for Preliminary Injunction (ECF No. 3-2).
On December 12, 2014, Plaintiff initiated this action bye filing a Complaint against Defendants Recht Family Partnership, Sunwest Management, Inc., and Robin Kinard. (ECF No. 1). The Complaint asserts eight causes of action including; (1) violation of the Fair Housing Act (" FHAA" ); (2) violation of the Rehabilitation Act of 1973; (3) violation of the Fair Employment and Housing Act (" FEHA" ); (4) violation of California Civil Code section 54.1; (5) violation of the Unruh Civil Rights Act; (6) negligence; (7) retaliatory eviction; and (8) violation of the California Unfair Business Practices Statute.
On the same day, Plaintiff filed a motion to proceed in forma pauperis (ECF No. 2), and a Motion for Temporary Restraining Order (ECF No. 3-1) and Preliminary Injunction (ECF No. 3-2). The Court issued an order granting the motion to proceed in forma pauperis (ECF No. 2) and denying Plaintiff's Motion for Temporary Restraining Order (ECF No. 3-1). Plaintiff's Motion for Preliminary Injunction (ECF No. 3-2) remained pending.
Plaintiff's Motion for Preliminary Injunction seeks " an order that prevents Defendants from continuing with their plans to evict her through non-renewal of her lease, in retaliation for her requests for an assigned parking space." (ECF No. 3 at 7). Plaintiff contends that she is entitled to an opportunity to prove at trial that Defendants failed to provide a reasonable accommodation and took actions to evict her in retaliation for her requests for the reasonable accommodation for her disability. Plaintiff contends that an injunction is necessary to preserve the status quo so that this Court can determine whether the intended eviction was motivated by discrimination based on her disability. (ECF No. 3 at 8).
A movant may obtain a preliminary injunction by showing that there exist " serious questions going to the merits and a balance of hardships that tips sharply towards the plaintiff can support issuance of a preliminary injunction...." Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011); see also Winter v. Natural Res. Def. Council, 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008) ( To obtain preliminary injunctive relief, a movant must show " that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." ).
A. Fair Housing Act
Plaintiff contends that " [c]learly in refusing to provide [Plaintiff] with the requested reasonable accommodation, Defendants have violated her rights under federal and state fair housing laws, which mandate differential treatment for the disabled under such circumstances." (ECF No. 3 at 14). ...