Opinion
No. C 03-00405 JSW.
June 3, 2004
ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION
The Court, having received the Motion for Preliminary Injunction of plaintiff Sara Landa Gonzalez, the Declarations, Memoranda, Opposition and Reply Memoranda and Declarations, other material submitted by the parties and having heard the arguments of counsel at the hearing on May 28, 2004, and good cause having been shown, the Court GRANTS Gonzalez's motion for a preliminary injunction.
A. Findings of Fact.
When faced with a motion for a preliminary injunction, the Court "is not required to make any binding findings of fact; it need only find probabilities that the necessary facts can be proved." Sierra On-Line, Inc. v. Phoenix Software, Inc., 739 F.2d 1415, 1423 (9th Cir. 1984). Accordingly, the Court emphasizes that the following findings of fact are not to be considered final and binding on the rest of the proceedings; they are findings that the following facts are substantially likely to be proved at trial.
THE COURT FINDS THAT:
THE COURT FURTHER FINDS THAT:
(1) Plaintiff Sara Landa Gonzalez is a naturalized citizen of Mexican origin residing in East Palo Alto, California. Gonzalez speaks very little English and is unable to read English.
(2) Defendant Ameriquest Mortgage Company ("Ameriquest") is a corporation organized under the laws of the State of Delaware with its principal place of business in Orange, California.
(3) Gonzalez owns and resides with her family in a home located at 1163 Westminster Avenue in East Palo Alto, California 94303.
(4) Gonzalez signed papers written in English relating to the refinancing of her home in East Palo Alto based on the alleged representations made by agents of defendant Ameriquest that the monthly payments would be no greater than what she had been paying on her previous mortgage of the same property.
(1) There is a probability that Gonzalez will success on the merits of her claims;
(2) There is a probability that Gonzalez will be irreparably injured as a result of any action by defendant Ameriquest to directly or indirectly initiate foreclosure proceedings on the subject property; and
(3) The balance of hardships tips decidedly in Gonzalez's favor.
(1) Defendant Ameriquest Mortgage Company, its officers, agents, servants, employees, and all persons acting in concert with it, or on behalf of it, is hereby RESTRAINED AND ENJOINED from directly or indirectly initiating foreclosure proceedings on a property owned by Plaintiff Sara Landa Gonzalez and located at 1163 Westminster Avenue, East Palo Alto, California 94303 pending final adjudication of this action.
(2) Within five days of the entry of this Order, Plaintiff shall file with the Clerk of the Court an undertaking in the form of a bond, certified check or certificate of deposit in the amount of $1,000, pursuant to Federal Rule of Civil Procedure 65(c). The above injunction is effective on Plaintiff's filing of the undertaking.IT IS SO ORDERED.