Opinion
2:22-CV-1828 JCM (EJY)
11-08-2022
VALENCIA MANAGEMENT LLC SERIES 8, Plaintiffs, v. BANK OF AMERICA, N.A., et al., Defendants.
ORDER
Presently before the court is plaintiff Valencia Management LLC's (“plaintiff') emergency motion for a preliminary injunction. Also before the court is Bank of America, N.A.'s (“defendant”) emergency motion to dissolve temporary restraining order and expunge lis pendens. This court conducted an emergency hearing on November 8, 2022. Present before the court were Scott Lachman, Esq. on behalf of defendant and Aimee Clark Newberry, Esq. on behalf of plaintiff.
Considering the parties' briefings and oral argument, the court finds plaintiff is not likely to succeed on the merits, plaintiff will not be irreparably harmed without injunctive relief, plaintiff's potential harm does not outweigh defendant's, and public policy does not favor injunctive relief. The court further finds a lis pendens will significantly reduce the value of the property at a foreclosure.
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiffs emergency motion for a preliminary injunction be, and the same hereby is, DENIED.
IT IS FURTHER ORDERED that defendant's emergency motion to dissolve the temporary restraining order and expunge the lis pendens be, and the same hereby is, GRANTED.