Narrative Opinion Summary
Andrea Gale's appeal against the district court's denial of her request for preliminary injunctive relief from Citimortgage, Inc. and other mortgage entities has been affirmed. The jurisdiction is established under 28 U.S.C. § 1292(a)(1). The primary consideration was whether the district court abused its discretion in denying the relief, which it did not. The court referenced the factors outlined in **Winter v. Natural Resources Defense Council**, 555 U.S. 7 (2008), and noted the limited scope of review based on **Sports Form, Inc. v. United Press Int’l**, 686 F.2d 750 (9th Cir. 1982). The ruling is affirmed and stated as not suitable for publication or as precedent, except as specified by 9th Cir. R. 36-3.
Legal Issues Addressed
Abuse of Discretion Standardsubscribe to see similar legal issues
Application: The appellate court reviewed the district court's denial of preliminary injunctive relief under the abuse of discretion standard and found no error.
Reasoning: The primary consideration was whether the district court abused its discretion in denying the relief, which it did not.
Jurisdiction Under 28 U.S.C. § 1292(a)(1)subscribe to see similar legal issues
Application: The appellate court established its jurisdiction to hear the appeal under the statute granting authority over interlocutory orders such as preliminary injunctions.
Reasoning: The jurisdiction is established under 28 U.S.C. § 1292(a)(1).
Non-Precedential Status of Rulingsubscribe to see similar legal issues
Application: The decision was designated as not suitable for publication or as precedent, limiting its use in future cases.
Reasoning: The ruling is affirmed and stated as not suitable for publication or as precedent, except as specified by 9th Cir. R. 36-3.
Preliminary Injunction Factorssubscribe to see similar legal issues
Application: The court applied the factors from the Winter decision in assessing the appropriateness of granting preliminary injunctive relief.
Reasoning: The court referenced the factors outlined in Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008)...
Scope of Review for Preliminary Injunctionsubscribe to see similar legal issues
Application: The court noted the limited scope of review for preliminary injunction decisions, referencing previous case law to support this standard.
Reasoning: ...noted the limited scope of review based on Sports Form, Inc. v. United Press Int’l, 686 F.2d 750 (9th Cir. 1982).