How to get a Temporary Restraining Order?

Useful Rulings on Application for Temporary Restraining Order (TRO)

Recent Rulings on Application for Temporary Restraining Order (TRO)

CITY OF POMONA, A MUNICIPAL CORPORATION, ET AL. VS HIGH SUPPLY, A BUSINESS ORGANIZATION, FORM UNKNOWN, ET AL.

Code §§ 3479, 3480, 3491, 3494) Drug Abatement Act (Health & Safety Code § 11570, et seq,) Nuisance Per Se On March 11, 2020, the court granted Plaintiffs’ “Ex Parte Application for an Order to Show Cause Re Preliminary Injunction and Temporary Restraining Order;” at that time, an Order to Show Cause Re: Preliminary Injunction was scheduled for March 30, 2020 (subsequently continued to July 30, 2020). On April 1, 2020, 985 West Holt’s and High Supply’s defaults were entered.

  • Hearing

    Jul 20, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

NATALIE GAYEVA VS SELECT PORTFOLIO SERVICING INC, ET AL.

procedural history On February 25, 2020, Gayeva filed the Complaint, alleging three causes of action: Temporary restraining order and preliminary injunction enjoining Defendants’ foreclosure sale set for March 24, 2020 Unfair business practices Declaratory relief On February 28, 2020, Gayeva filed the instant Application for Order to Show Cause; a Temporary Restraining Order re: Preliminary and Permanent Injunction Enjoining Defendants’ Foreclosure Sale set for March 24, 2020.

  • Hearing

    Jul 15, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

GOLDWATER SAG HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COPORATION VS YUK SIN YUEN, ET AL.

The circumstances here are different, where defendants have not failed to appear for any hearings on dispositive motions and have been actively engaged in the case, as demonstrated by the many emails attached as exhibits to both parties’ papers, but neglected to file timely responsive pleadings amidst dealing with other issues related to a TRO and preliminary injunction stipulation. (See Carrasco v.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GOODSELL V. HAVEN HOUSE RESIDENTIAL FACILITIES, INC.

As a preliminary matter, the Court notes defendants Athas Capital Group, Inc. and The Rama Fund, LLC (“Defendants”) specially appeared to oppose the TRO, which was granted on 3/17/20 (ROA 39—03/17/20 Minute Order).

  • Hearing

    Jul 13, 2020

IN THE MATTER OF RONALD CHARLES GILCHRIST

On 3/3/20, the Court granted an ex parte application for a temporary restraining order and an OSC re preliminary injunction against the sale of the real property located at 1342 Arcane St., Simi Valley. The OSC hearing was continued from 3/19/20 to 4/9/20 to this date. As of 7/5/20, no notice of this continued hearing date has been filed by Petitioner.

  • Hearing

    Jul 09, 2020

FIONA DEARING, ET AL. VS PENTAGON FEDERAL CREDIT UNION, ET AL.

Request for judicial notice Plaintiff filed a request for judicial notice in support of her ex parte application for a TRO for exhibits 1 – 9. These exhibits are judicially noticeable as recorded documents. Plaintiff’s request for judicial notice is GRANTED. Defendant requests judicial notice of exhibits A – H. These exhibits are also judicially noticeable as recorded documents. Defendant’s request for judicial notice is GRANTED.

  • Hearing

    Jul 09, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

SALEM VS LEONNE

The reply papers document additional instances that occurred after the issuance of the temporary restraining order. [See declarations of Plaintiff Naseem Salem, Randall Dibb (neighbor and Bales' Airbnb "manager"), Elizabeth Dibb (neighbor/Randall's wife), and Linda Cantonwine (another neighbor).] The Sheriff's Department has responded to numerous noise complaints.

  • Hearing

    Jul 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

WIDLY V. TUCKER

Pursuant to CCP §527(d)(2), “the party who obtained the temporary restraining order shall, within five days from the date the temporary restraining order is issued or two days prior to the hearing, whichever is earlier, serve on the opposing party a copy of the complaint if not previously served, the order to show cause stating the date, time, and place of the hearing, any affidavits to be used in the application, and a copy of the points and authorities in support of the application.”

  • Hearing

    Jul 09, 2020

SALEM VS LEONNE

The reply papers document additional instances that occurred after the issuance of the temporary restraining order. [See declarations of Plaintiff Naseem Salem, Randall Dibb (neighbor and Bales' Airbnb "manager"), Elizabeth Dibb (neighbor/Randall's wife), and Linda Cantonwine (another neighbor).] The Sheriff's Department has responded to numerous noise complaints.

  • Hearing

    Jul 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

SUPER NATURAL, INC. VS PENROSE, LLC

On May 22, 2020, the court granted Plaintiff’s ex parte application for a TRO and OSC re: preliminary injunction. Defendant appeared at the ex parte hearing and filed an opposing declaration of Robert McAllister. The court set the OSC for hearing on July 9, 2020, and set a briefing schedule. Counsel waived notice of the ruling. On June 4, 2020, the court granted in part Plaintiff’s ex parte application for an order enforcing the court’s May 22, 2020, TRO and to hold Defendant in contempt of court.

  • Hearing

    Jul 09, 2020

  • Type

    Real Property

  • Sub Type

    other

MUNOZ VS PL HOTEL GROUP LLC

In May 2019, plaintiffs sought a TRO enjoining a foreclosure. ROA 46-51. Defendants Rajesh Patel/Inn Lending filed opposition stating no foreclosure sale was pending or contemplated. ROA 52. The court denied the TRO request and set the case for hearing on preliminary injunction on August 23, 2019. ROA 56-58. Plaintiffs also filed a motion seeking the appointment of a receiver (ROA 83-85).

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MELE HAMALA VS WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, N,A,, ET AL.

On December 3, 2018, plaintiff filed the complaint, along with an ex parte TRO, which was granted. The OSC re preliminary injunction was set for hearing on January 9, 2019. Id., ¶28. Soon thereafter, Wells Fargo removed the action to federal court. Id. ¶31. Without the TRO in place, on February 4, 2019, Barrett Daffin foreclosed on the property.

  • Hearing

    Jul 08, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

MUNOZ VS PL HOTEL GROUP LLC

In May 2019, plaintiffs sought a TRO enjoining a foreclosure. ROA 46-51. Defendants Rajesh Patel/Inn Lending filed opposition stating no foreclosure sale was pending or contemplated. ROA 52. The court denied the TRO request and set the case for hearing on preliminary injunction on August 23, 2019. ROA 56-58. Plaintiffs also filed a motion seeking the appointment of a receiver (ROA 83-85).

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

THE PEOPLE OF THE STATE OF CALIFORNIA VS KEDI ENTERPRISES, INC., A CALIFORNIA CORPORATION, ET AL.

“Whenever the existence of a nuisance is shown in an action brought under this article to the satisfaction of the court or judge thereof, either by verified complaint or affidavit, the court or judge shall allow a temporary restraining order or injunction to abate and prevent the continuance or recurrence of the nuisance.” (Penal Code § 11227, subd. (a).)

  • Hearing

    Jul 08, 2020

  • Type

    Real Property

  • Sub Type

    other

2009 WELLINGTON ROAD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS MICHELLE HAGUE, AN INDIVIDUAL, ET AL.

On February 11, 2020, the court granted Plaintiff’s ex parte application for a TRO and OSC re: preliminary injunction. By stipulation, the OSC was continued to April 7, 2020. Due to conditions and orders related to Covid-19, the OSC was eventually continued to June 25, 2020. The TRO was extended until June 25, 2020. On June 18, 2020, Defendant Hague filed and served an opposition to the OSC.

  • Hearing

    Jul 07, 2020

  • Type

    Real Property

  • Sub Type

    other

  • County

    Los Angeles County, CA

FINANCIAL PACIFIC LEASHING, INC., A WASHINGTON CORP. V. GURPREETDHALIWAL

To issue preliminary injunctions, with the same terms as those requested in the applications for temporary restraining order, filed January 16, 2020.

  • Hearing

    Jul 07, 2020

(NO CASE NAME AVAILABLE)

On February 11, 2020, the court granted Plaintiff’s ex parte application for a TRO and OSC re: preliminary injunction. By stipulation, the OSC was continued to April 7, 2020. Due to conditions and orders related to Covid-19, the OSC was eventually continued to June 25, 2020. The TRO was extended until June 25, 2020. On June 18, 2020, Defendant Hague filed and served an opposition to the OSC.

  • Hearing

    Jul 07, 2020

2009 WELLINGTON ROAD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS MICHELLE HAGUE, AN INDIVIDUAL, ET AL.

On February 11, 2020, the court granted Plaintiff’s ex parte application for a TRO and OSC re: preliminary injunction. By stipulation, the OSC was continued to April 7, 2020. Due to conditions and orders related to Covid-19, the OSC was eventually continued to June 25, 2020. The TRO was extended until June 25, 2020. On June 18, 2020, Defendant Hague filed and served an opposition to the OSC.

  • Hearing

    Jul 07, 2020

  • Type

    Real Property

  • Sub Type

    other

ALEJANDRO RAMIREZ, ET AL. VS DOUGLAS WHITNEY

On March 12, 2020, Plaintiffs filed a Notice of Acknowledgment of Receipt – Civil, signed by Douglas Weeks on behalf of Defendant, acknowledging receipt of, among other documents, copies of the summons and complaint, Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction, and Amendment to Complaint re DOE 1. On March 16, 2020, Plaintiffs filed and served a Notice of Recording Pendency of Action (Lis Pendens).

  • Hearing

    Jul 07, 2020

XIAOHONG M. BROUTHERS VS MANHATTAN HOUSE, LP, ET AL.

On December 3, 2018, plaintiff filed the complaint, along with an ex parte TRO, which was granted. The OSC re preliminary injunction was set for hearing on January 9, 2019. Id., ¶28. Soon thereafter, Wells Fargo removed the action to federal court. Id. ¶31. Without the TRO in place, on February 4, 2019, Barrett Daffin foreclosed on the property.

  • Hearing

    Jul 07, 2020

GURNICK ACADEMY OF MEDICAL ARTS VS. BOARD OF VOCATIONAL NURSING & PHYCHIATRIC TECHNICIANS

This matter is scheduled for an Ex Parte Application for a temporary restraining order on July 10, 2020, at 3:00 p.m. Absent proper proof of personal service or waiver thereof, and compliance with California Rules of Court, rule 3.1204, the Court will not hear this matter. Zoom Instructions: - This matter is set for a court hearing/appearance using the Zoom application.

  • Hearing

    Jul 06, 2020

  • Type

    Administrative

  • Sub Type

    Writ

JENNIFER LECHTER VS JOSEPH LAM, ET AL.

Restraining Order Enjoining the Non-Judicial Foreclosure and for an Order to Show Cause as to Why a Preliminary Injunction Should Not be Granted.

  • Hearing

    Jul 06, 2020

  • Type

    Real Property

  • Sub Type

    other

P STANDARD GENERAL LTD ET AL VS DOV CHARNEY

On July 16, 2019, the Court granted Judgment Creditors’ motion to amend the third judgment to add Apex Real Estate Management LLC (“Apex RE”) and Art, Commerce and Manufacturing Solutions, LLC (“Art Commerce”) as judgment debtors.[1] On December 17, 2019, Judgment Creditors filed an ex parte application (“the Application”) for an Order to Show Cause Why Appointment of Receiver Should Not Be Made and Temporary Restraining Order.

  • Hearing

    Jul 06, 2020

JENNIFER LECHTER VS JOSEPH LAM, ET AL.

Restraining Order Enjoining the Non-Judicial Foreclosure and for an Order to Show Cause as to Why a Preliminary Injunction Should Not be Granted.

  • Hearing

    Jul 06, 2020

  • Type

    Real Property

  • Sub Type

    other

JOSHUA DUBINSKY VS JIM MULHEARN, ET AL.

On October 30, 2019, the Court denied Plaintiff’s ex parte application for a temporary restraining order and ordered Defendants to not copy, review, disseminate certain files of Plaintiff’s stored on the company’s server/computer system, pending a hearing on the preliminary injunction. (10/30/19 Minute Order.)

  • Hearing

    Jul 02, 2020

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