Song v. MTC Financial, Inc., 012919 FED9, 18-16177

Docket Nº:18-16177
Party Name:JAMES S. SONG and ADRIENNE SONG, Plaintiffs-Appellants, v. MTC FINANCIAL, INC., DBA Trustee Corps; et al., Defendants-Appellees.
Judge Panel:Before: GOULD and BERZON, Circuit Judges, and MÁRQUEZ, District Judge.
Case Date:January 29, 2019
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

JAMES S. SONG and ADRIENNE SONG, Plaintiffs-Appellants,

v.

MTC FINANCIAL, INC., DBA Trustee Corps; et al., Defendants-Appellees.

No. 18-16177

United States Court of Appeals, Ninth Circuit

January 29, 2019

NOT FOR PUBLICATION

Submitted December 20, 2018 [**] San Francisco, California

Appeal from the United States District Court No. 2:18-cv-00757-JCM-PAL for the District of Nevada James C. Mahan, Senior District Judge, Presiding

Before: GOULD and BERZON, Circuit Judges, and MÁRQUEZ, [***] District Judge.

MEMORANDUM [*]

James and Adrienne Song appeal from a district court order denying their request for a preliminary injunction preventing the foreclosure sale of their home. We have jurisdiction under 28 U.S.C. § 1292 and review for an abuse of discretion. Epona, LLC v. County of Ventura, 876 F.3d 1214, 1219 (9th Cir. 2017) (citing Brookfield Commc'ns, Inc. v. W. Coast Entm't Corp., 174 F.3d 1036, 1045 (9th Cir. 1999)). We affirm.

Plaintiffs seeking preliminary injunctive relief must show, among other things, that they are likely to prevail on the merits. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The district court did not clearly err in determining that the Songs' claims had accrued by February 2013, more than five years before the Songs initiated suit. See Kingman Reef Atoll Invs., L.L.C. v. United States, 541 F.3d 1189, 1195 (9th Cir. 2008) (applying clear-error standard). Therefore, it was not an abuse of discretion for the district court to conclude that the applicable statutes of limitations-the longest of which is four years-bar the Songs' claims for promissory estoppel, fraudulent and intentional misrepresentation, negligent misrepresentation, fraud, civil conspiracy, and slander of title.

Nor did the district court abuse its discretion by concluding that the Songs are unlikely to succeed on the merits of their claim for declaratory relief. Under Nevada law, a lender may foreclose nonjudicially on a deed of trust, even where the statute of limitations has run on the corresponding promissory note. See Facklam v. HSBC Bank USA, 401 P.3d 1068, 1071 (Nev. 2017) (describing...

To continue reading

FREE SIGN UP