Plaintiff’s Motion for Preliminary Injunction is granted.

The elements generally applicable to a request for injunctive relief are as follows: (1) a balancing of the hardships (i.e., plaintiffs are likely to suffer more injury from denying of the injunction than defendants are likely to suffer from granting); and (2) a reasonable probability that plaintiffs will prevail on the merits. Baypoint Mortg. Corp. v. Crest Premium Real Estate etc. Trust (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) §§7.22-7.34, 7.63-7.66.

“‘The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities of the parties, concludes that, pending a trial on the merits, the defendant should or that he should not be restrained from exercising the right claimed by him.’ [Citations.] The general purpose of such an injunction is the preservation of the status quo until a final determination of the merits of the action.” Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 528.

In the present case, Plaintiff has alleged a loan modification agreement, that he complied with all material terms, and Defendant breached that agreement by refusing to accept payments. Plaintiff has also provided what appears to be a register of loan payments and their application.

The court determines that plaintiff has demonstrated a reasonable probability that he will prevail on his claims. Therefore, the preliminary injunction is granted.

However, this order is contingent upon Plaintiff’s posting of bond in the amount of $10,000 by March 3, 2014 and is further contingent upon Plaintiff’s payment of $1,500 per month in certified funds payable directly to Defendant Residential Credit due on March 1, 2014, and on or before the first of each month thereafter until further order of the court. See CCP §529. Failure to post bond and/or make timely payments shall result in the termination of the injunction.

Plaintiff’s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.