Opinion
CASE NO. C16-5276 BHS
04-21-2016
LEONID KUCHEROV, Plaintiff, v. MTC FINANCIAL, INC., et al., Defendants.
ORDER DENYING PLAINTIFF'S MOTION TO STAY AND/OR CANCEL FORECLOSURE SALE
This matter comes before the Court on Plaintiff Leonid Kucherov's ("Kucherov") motion to stay and/or cancel foreclosure sale (Dkt. 11). The Court has considered the pleadings filed in support of the motion and the remainder of the file and hereby denies the motion for the reasons stated herein.
I. PROCEDURAL HISTORY
On March 17, 2016, Kucherov filed a complaint against numerous defendants in Clark County Superior Court for the State of Washington. Dkt. 2, Exh. A. Kucherov alleges causes of action for wrongful foreclosure, fraud, misrepresentations, civil conspiracy, quiet title, and violations of the Fair Debt Collections Practices Act. Id.
On April 11, 2016, Defendants removed the matter to this Court. Dkt. 1.
On April 20, 2016, Kucherov filed the instant motion requesting an order enjoining a foreclosure sale purportedly scheduled for April 22, 2016. Dkt. 11.
II. DISCUSSION
Kucherov appears to argue that a restraining order and injunction should issue under both the Washington Deed of Trusts Act ("DTA"), RCW Chapter 61.24, and the Court's inherent power. Dkt. 11 at 1-2. With regard to the DTA, Kucherov has failed to show that he gave any defendant or the trustee the requisite 5 days' notice or that he is able to make the requisite payments to the Court's registry. RCW 61.24.130. Therefore, the Court denies the motion for a temporary restraining order under the DTA.
With regard to the Court's inherent power, plaintiff must establish: (1) a likelihood of success on the merits; (2) a likelihood of irreparable harm absent a preliminary injunction; (3) that the balance of equities tips in favor of issuing an injunction; and (4) that an injunction is in the public interest. Winter v. Natural Resources Defense Council, 555 U.S. 7, 19 (2008). Kucherov has failed to show a likelihood of success on the merits of any of his claims. The mere fact that he asserts claims is not sufficient grounds to find that he is likely to succeed on them. In other words, Kucherov has failed to show that the pending foreclosure is a result of any improper transfer instead of a failure to comply with contractual obligations of the loan. Therefore, the Court denies Kucherov's motion for temporary restraining order under its inherent power.
III. ORDER
Therefore, it is hereby ORDERED that Kucherov's motion to stay and/or cancel foreclosure sale (Dkt. 11) is DENIED.
Dated this 21st day of April, 2016.
/s/_________
BENJAMIN H. SETTLE
United States District Judge