Amy Cox v. LB LENDING, LLC, a Nevada limited liability company

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMY COX,
Plaintiff-Appellant,
v.
LB LENDING, LLC, a Nevada limited
liability company; MACOY CAPITAL
PARTNERS, INC., a California corporation,
Defendants-Appellees.
No. 17-56752
D.C. No. 5:17-cv-01580-JGB-SP
MEMORANDUM*
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).
FILED
FEB 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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