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(SPACE BELOW FOR FILING STAMP ONLY)
FULLERTON, LEMANN, SCHAEFER & DOMINICK, LLP F LE
1
D
215 North D Street, First Floor Sggfifiégyfi COURT 0F CALIFORNIA
San Bemardino, California 92401-1712 SAN BEgthgg'fNBoEgg/ATHDINO
R‘CT
Telephone (909) 889-3691
Telecopier (909) 888-5119
JUL 1 5 2022
David P. Colella, SBN 238245 (dcolella@flsd.com)
Attorneys for Plaintiff,
BY
CINDY VAN DE LOOP -
ARLENE GUARDADO,
Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — SAN BERNARDINO CIVIL DIVISION
10
11 CINDY VAN DE LOOP, an individual, Case No.: CIVSB2205463
12 Plaintiff, [PROPOSED]
13
PRELIMINARY INJUNCTION
vs.
14
CASILLAS HOLDINGS LLC, a California
15 limited liability company; FRANCISCO
CASILLAS, an individual; EDGAR CASILLAS,
16 an individual; RICARDO CASILLAS, an
individual; and DOES 1-10, inclusive,
17
18 Defendants.
19
20 The application of Plaintiff CINDY VAN DE LOOP ("Plaintiff' or "VAN DE LOOP") for
21 Preliminary Injunction came on regularly for hearing by this Court on July 15, 2022 following
22 stipulated continuances of the hearing between Plaintiff and Defendant CASILLAS HOLDINGS
23 LLC ("HOLDINGS") after entry of the Temporary Restraining Order and Order to Show Cause re
24 Preliminary Injunction on April 1, 2022.
25 On proof made to the Court's satisfaction, after reviewing all the pleadings, exhibits,
26 testimony and providing an opportunity for argument in support of and in opposition to the
27 Preliminary Injunction, and good cause appearing therefor:
28 //
1
PRELIMINARY INJUNCTION
IT IS ORDERED that during the pendency of this action the Defendants CASILLAS
HOLDINGS LLC, FRANCISCO CASILLAS, EDGAR CASILLAS, and RICARDO CASILLAS,
and each of them, and their officers, agents, employees, representatives, and all persons acting in
concert or participating with them (collectively "Defendants"), are enjoined and restrained from
engaging in, committing, or performing, directly or indirectly, by any means whatsoever, any 0f
the following acts:
Obstructing, impeding, or otherwise interfering with the recorded "non-exclusive easement
for ingress and egress" that exists over the entirety of that certain portion of real property identified
by APN 0141-192-39-0000, more particularly described in the legal description attached hereto as
10 Exhibit 1, and part of the larger property commonly known as 857 Jefferson Avenue, San
11 Bernardino, California.
12 IT IS FURTHER ORDERED that in the event Defendants fail to comply with the terms of
13 this Preliminary Injunction, Plaintiff may cause the obstruction to be removed and seek an order of
14 this Court for the reimbursement of all expenses associated with a failure to comply.
15 IT IS FURTHER ORDERED that before this order shall take effect, Plaintiff must either:
16 1) file a written undertaking in the sum of One Thousand Dollars ($1,000.00), as required by Code
17 of Civil Procedure §529, or 2) deposit the sum of One Thousand Dollars ($1,000.00) pursuant to
18 Code of Civil Procedure §995.710; said undertaking/deposit being for the purpose of indemnifying
19 Defendants for the damages they may sustain by reason of this preliminary injunction if the Court
20 finally decides that Plaintiff is not entitled to it.
21 IT IS FURTHER ORDERED that the Preliminary Injunction as set forth above shall issue
22 on Plaintiff‘s compliance with the undertaking or deposit in the sum specified above.
23
24
25
26
27
Dated:
The Court reserves jurisdiction
7/5V/Z L-
to modify
Judge
/
J
f
M
this injunction as the
M.
S‘I’lfi/e'r/
PACHECO
ends ofjustice
rCourt
may require.
28
2
PRELIMINARY INJUNCTION
Preview
(SPACE BELOW FOR FILING STAMP ONLY) FULLERTON, LEMANN, SCHAEFER & DOMINICK, LLP F LE 1 D 215 North D Street, First Floor Sggfifiégyfi COURT 0F CALIFORNIA San Bemardino, California 92401-1712 SAN BEgthgg'fNBoEgg/ATHDINO R‘CT Telephone (909) 889-3691 Telecopier (909) 888-5119 JUL 1 5 2022 David P. Colella, SBN 238245 (dcolella@flsd.com) Attorneys for Plaintiff, BY CINDY VAN DE LOOP - ARLENE GUARDADO, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO — SAN BERNARDINO CIVIL DIVISION 10 11 CINDY VAN DE LOOP, an individual, Case No.: CIVSB2205463 12 Plaintiff, [PROPOSED] 13 PRELIMINARY INJUNCTION vs. 14 CASILLAS HOLDINGS LLC, a California 15 limited liability company; FRANCISCO CASILLAS, an individual; EDGAR CASILLAS, 16 an individual; RICARDO CASILLAS, an individual; and DOES 1-10, inclusive, 17 18 Defendants. 19 20 The application of Plaintiff CINDY VAN DE LOOP ("Plaintiff' or "VAN DE LOOP") for 21 Preliminary Injunction came on regularly for hearing by this Court on July 15, 2022 following 22 stipulated continuances of the hearing between Plaintiff and Defendant CASILLAS HOLDINGS 23 LLC ("HOLDINGS") after entry of the Temporary Restraining Order and Order to Show Cause re 24 Preliminary Injunction on April 1, 2022. 25 On proof made to the Court's satisfaction, after reviewing all the pleadings, exhibits, 26 testimony and providing an opportunity for argument in support of and in opposition to the 27 Preliminary Injunction, and good cause appearing therefor: 28 // 1 PRELIMINARY INJUNCTION IT IS ORDERED that during the pendency of this action the Defendants CASILLAS HOLDINGS LLC, FRANCISCO CASILLAS, EDGAR CASILLAS, and RICARDO CASILLAS, and each of them, and their officers, agents, employees, representatives, and all persons acting in concert or participating with them (collectively "Defendants"), are enjoined and restrained from engaging in, committing, or performing, directly or indirectly, by any means whatsoever, any 0f the following acts: Obstructing, impeding, or otherwise interfering with the recorded "non-exclusive easement for ingress and egress" that exists over the entirety of that certain portion of real property identified by APN 0141-192-39-0000, more particularly described in the legal description attached hereto as 10 Exhibit 1, and part of the larger property commonly known as 857 Jefferson Avenue, San 11 Bernardino, California. 12 IT IS FURTHER ORDERED that in the event Defendants fail to comply with the terms of 13 this Preliminary Injunction, Plaintiff may cause the obstruction to be removed and seek an order of 14 this Court for the reimbursement of all expenses associated with a failure to comply. 15 IT IS FURTHER ORDERED that before this order shall take effect, Plaintiff must either: 16 1) file a written undertaking in the sum of One Thousand Dollars ($1,000.00), as required by Code 17 of Civil Procedure §529, or 2) deposit the sum of One Thousand Dollars ($1,000.00) pursuant to 18 Code of Civil Procedure §995.710; said undertaking/deposit being for the purpose of indemnifying 19 Defendants for the damages they may sustain by reason of this preliminary injunction if the Court 20 finally decides that Plaintiff is not entitled to it. 21 IT IS FURTHER ORDERED that the Preliminary Injunction as set forth above shall issue 22 on Plaintiff‘s compliance with the undertaking or deposit in the sum specified above. 23 24 25 26 27 Dated: The Court reserves jurisdiction 7/5V/Z L- to modify Judge / J f M this injunction as the M. S‘I’lfi/e'r/ PACHECO ends ofjustice rCourt may require. 28 2 PRELIMINARY INJUNCTION