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1On December 6, 2006, HUD accepted sealed bids for the note on
SFCC's property. Pursuant to an agreement between the parties, HUD
will not award the sale of the note to the highest bidder until
Tuesday, December 12, 2006.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO CARE CENTER, a
California Limited Partnership,
Plaintiff,
v.
ALPHONSO JACKSON, in his capacity as
Secretary of the United States
Department of Housing and Urban
Development,
Defendant.
/
No. C 06-7444 CW
ORDER DENYING
PLAINTIFF'S
MOTION FOR A
TEMPORARY
RESTRAINING ORDER
Plaintiff San Francisco Care Center (SFCC), a California
Limited Partnership that owns and operates an assisted living
facility, has filed an ex parte application for a temporary
restraining order, seeking to prevent Defendant the Department of
Housing and Urban Development (HUD) from selling the mortgage on
Plaintiff's property.1 Defendant opposes the application. Having
Case 4:06-cv-07444-CW Document 13 Filed 12/11/2006 Page 1 of 20
San Francisco Care Center v. Jackson
Doc. 13
Dockets.Justia.com
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considered the parties' papers, the Court DENIES Plaintiff's
application for a temporary restraining order.
BACKGROUND
In June, 2002, SFCC borrowed money from a private lender to
purchase the property and to build an assisted living facility.
HUD insured the loan pursuant to its Nursing Home Program, Title
12 U.S.C. § 1715w. Construction of the facility began in July,
2002. Plaintiff alleges that HUD "actively interfered with and
negatively impacted the construction process." Complaint at 1.
Construction was completed and the facility is now occupied by
senior citizens. However, Plaintiff alleges that only tw