Legal Question in Civil Litigation in California
I have filed a suit against an individual, cliam is they obtained a note and deed to my home fruaudulenetly and illegally.
I applied for a TRO, to stop my home foreclosure which was granted , on condition to keep the first loan current, which it is.
The judge for the Preliminary Injunction hearing denied my hearing, saying I failed to comply with the TRO. She thinks the entire note / deed needs to be paid, which makes no sense since that is what I am suing for as illegally obtained.
How do I explain to the judge that if I paid the note...I wouldn'y even need an Injunction..the point would be mute, because the note would be staisfied and no injunction is necessary, because the foreclosure would be cleared.??
2 Answers from Attorneys
This is exactly the kind of problem people get into when they represent themselves. I agree that what you say the judge says makes no sense. I strongly suspect that either you do not understand, and therefore have not accurately stated, the basis for the judge's ruling, OR you did not clearly understand the terms of the TRO, OR you understand everything, but are not able to clearly articulate to the judge the situation, the legal basis for your request, and the facts and circumstances involved in the motion for the injunction. Unfortunately there is no way to tell which is the case in this kind of forum. Since you have a very limited time to move for reconsideration, I suggest you get an attorney involved right away. If you read my other answers here, you will see that I rarely tell people that they need to hire an attorney, so when I do, I'm not just drumming up business for me or other lawyers.
I am assuming that you are in a state Superior Court. If the judge has already issued an order denying the preliminary injunction, it is largely too late to try to convince that judge otherwise. You may try a Motion for Reconsideration, but that must be brought within a very short period of time and must allege new or different facts in order to succeed.
The order denying the injunction can be appealed, but you will need the Court of Appeal to also issue a stay in order to protect you, because the appeal itself can take 12 to 18 months or more. You can also attempt to get the attention of the Court of Appeal by way of a Petition for Writ of Mandate - sort of an emergency appeal - that also asks for a stay and that can result in relief within a couple of weeks or months. That type of relief is difficult, but not impossible, to obtain, and you may have the ideal situation for the Court of Appeal to act.
I suggest that you immediately consult with an experienced appellate attorney who can provide more specific advice. I am an AV rated certified appellate law specialist with offices in Century City and Santa Barbara; I handle appeals, including post-judgment work (e.g., Motions for Reconsideration) throughout the State of California. You can see my website at: www.CaliforniaAppellateSpecialist.com.