Larkin v. Ocwen Loan Servicing, LLC CA4/2
Defendant and appellant Ocwen Loan Servicing, LLC, (Ocwen) filed this interlocutory appeal from an order granting plaintiff and respondent William Larkin’s request for a preliminary injunction, barring Ocwen from foreclosing on Larkin’s property while Larkin’s lawsuit was pending. By the time Ocwen filed its opening brief in this appeal, the trial court had already dissolved the preliminary injunction because Larkin failed to post an undertaking as a condition of obtaining the injunction, and the trial court had denied Larkin’s request for attorney fees under Civil Code section 2924.12, subdivision (h), having concluded the injunction never took effect and Larkin was not a prevailing party. Ocwen nonetheless requested that this court decide the merits of the order granting the preliminary injunction because Larkin might challenge on appeal the order denying his request for attorney fees or seek prevailing party status at a later stage in the litigation.
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