1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 MARY GRACE PURGANAN, Case No. 24-cv-06192-MMC

9 Plaintiff, ORDER DENYING EX PARTE 10 v. APPLICATION FOR TEMPORARY RESTRAINING ORDER 11 FCI LENDER SERVICES, INC.,

Defendant. 12

13 14 Before the Court is plaintiff Mary Grace Purganan's "Ex Parte Application," filed 15 today's date, "for a Temporary Restraining Order to Restrain the Trustee's Sale." Having 16 reviewed the Complaint, the Application, and the declarations submitted in support of the 17 Application, the Court rules as follows. 18 Plaintiff alleges the $991,068.89 amount she is required to pay to avoid 19 foreclosure is "overinflated due to unlawful default interest and an unlawful balloon late 20 payment penalty." (See Compl. ¶ 33.) Plaintiff, however, who acknowledges she is in 21 default of her loan, fails to show she has the necessary funds to pay the outstanding 22 balance less the charges she disputes. 23 Accordingly, a temporary restraining order to prohibit the sale of the property is 24 hereby DENIED. See Winter v. Natural Resources Defense Council, Inc.,

, 20 25 (2008) (holding moving party not entitled to injunctive relief in absence of showing she is 26 "likely to succeed on the merits" and "likely to suffer irreparable harm in the absence of 27 preliminary relief"). 1 The Court need not rule at this time on any other claims, such as the claim the 2 balance includes inflated charges, and resolution thereof is reserved for a later date. 3 IT IS SO ORDERED. 4 5 Dated: September 3, 2024 /s/ Trina L. Thompson for 6 TRINA L. THOMPSON United States District Judge 7 for MAXINE M. CHESNEY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27