I am suing my mortgage company. The unlimited civil court threw out my complaint on demurrer, the appeals court completely reversed this three weeks ago. I am now in the time period between winning the appeal and it being formerly taken up by the unlimited civil court system again. I plan to file a 170.6 because I don't want the same judge. I need to file a TRO/Prel Inj to stop foreclosure now as the remittitur won't be until July, and I don't want to wait last minute. How can I get a TRO given I'm between two different court sytems?
You cannot, at least not in that same case. Until the remittitur issues, the lower court is without power to act. Has foreclosure been started? Is it scheduled? Why didn't you seek a TRO in the lower court immediately? You may have to wait until the last minute, or go in and convince the lower court to act. But if the threat is not imminent, then you probably will just have to wait.
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