Estrada v. Real Time Resolutions Inc.
5:25-cv-02782
N.D. Cal.May 19, 2025Background
- Byron Estrada, a pro se plaintiff, sought a temporary restraining order (TRO) to halt foreclosure, accruing interest, and collection activities on his primary residence in Sunnyvale, CA.
- Estrada obtained a second mortgage in 2006; Real Time Resolutions, Inc. is the current loan servicer.
- Defendants issued a Notice of Default in August 2021, but as of the motion, there was no active foreclosure proceeding.
- Estrada filed an 11-claim lawsuit in California state court in November 2024, which was removed by defendants to federal court.
- Multiple claims, including those under TILA, FDCPA, Rosenthal Act, and certain California Civil Code sections, have been dismissed against one of the defendants; a remand was denied.
- Plaintiff’s motion for TRO was denied without prejudice after a hearing in which Estrada failed to appear.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Likelihood of Irreparable Harm | Foreclosure and debt collection will cause irreparable harm | No pending foreclosure; legal prohibition in place | Plaintiff failed to show irreparable harm |
| Likelihood of Success on the Merits | Defendants lack substantiated legal ownership of the debt | Defendants have valid rights; no evidence by Estrada | Plaintiff failed to show likelihood of success |
| Burden of Proof for TRO/PI | Plaintiff’s burden met by alleged harm and debt practices | Plaintiff’s allegations are unsubstantiated | Plaintiff did not meet burden under Winter |
| Equitable Factors and Public Interest | Equity and public interest favor housing protection | Not directly addressed due to threshold failures | Court did not reach remaining Winter factors |
Key Cases Cited
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008) (sets out the four-factor test for preliminary injunctions and TROs)
- Friends of the Wild Swan v. Weber, 767 F.3d 936 (9th Cir. 2014) (preliminary injunction can issue on serious questions if balance of hardships sharply tips in plaintiff’s favor)
- Caribbean Marine Servs. Co. v. Baldrige, 844 F.2d 668 (9th Cir. 1988) (requires evidence of immediate threatened injury, not just allegations)