AMY COX V. LB LENDING, LLC, No. 17-56752 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION FEB 22 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT AMY COX, U.S. COURT OF APPEALS No. 17-56752 Plaintiff-Appellant, D.C. No. 5:17-cv-01580-JGB-SP v. MEMORANDUM* LB LENDING, LLC, a Nevada limited liability company; MACOY CAPITAL PARTNERS, INC., a California corporation, Defendants-Appellees. Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. Amy Cox appeals from the district court’s order denying her motion for a preliminary injunction in her action alleging Truth in Lending Act and state law claims. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). abuse of discretion. Am. Hotel & Lodging Ass’n v. City of Los Angeles, 834 F.3d 958, 962 (9th Cir. 2016). We affirm. The district court did not abuse its discretion by denying Cox’s motion for a preliminary injunction because Cox failed to establish that she is likely to succeed on the merits. See Winter v. Nat. Res. Def. Council, 555 U.S. 7, 20 (2008) (setting forth factors for issuance of a preliminary injunction); see also 15 U.S.C. § 1603(1); 12 C.F.R. § 226.3(a)(1) (loans made for business or commercial purposes are exempt from the provisions of TILA); Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015) (where a plaintiff fails to show that she is likely to succeed on the merits, the court need not consider the remaining three Winter factors). We reject as unsupported by the record Cox’s contention that the district court applied the heightened standard for a mandatory injunction. We do not consider issues raised or evidence introduced for the first time on appeal. See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not presented to the district court are not part of the record on appeal.”). AFFIRMED. 2 17-56752

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