On September 10, 2015 a
Party Statement
was filed
involving a dispute between
Jlg Associates, Llc, A California Limited Liability Company,
Womac Properties, Inc., A California Nonprofit Public Benefit Corpration,
and
Henderson, Thomas,
San Francisco Regional Center, Llc, A California Limited Liability Company,
Thomas Henderson,
for Breach of Contract/Warranty
in the District Court of Alameda County.
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' KENNETH S. KATZOFF (SBN,103490)
STEPHEN G. PREONAS (SBN 245334)
Katzoff & Riggs LLP
ORIGINAL
1500 Park Avenue, Suite 300
Emeryville, CA 94608
| Tel. (510) 597-1990
Fax. (510) 597-0295
Attorneys for Plaintiffs
-WOMAC PROPERTIES, INC. .
and JLG ASSOCIATES, LLC i
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SUPERIOR. COURT OF CALIFORNIA - UNLIMITED CIVIL JURISDICTION
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COUNTY OF ALAMEDA ,;
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WOMAC PROPERTIES, INC.:a California Case No. RG-15-785236
nonprofit public benefit corporation, JLG i
ASSOCIATES, LLC, a California. limited ASSIGNED FOR ALL PURPOSES TO THE
LLP
liability company HONORABLE ROBERT MCGUINESS
SUITE 300
DEPARMENT 22 .
CA 94608
RIGGS
el
{510}597-1990
1
AVENUE,
Plaintiff,
[PROPOSED] PRELIMINARY
a
EMERYVILLE,
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INJUNCTION:
a
KATZOFF
1500 PARK
VS.
el
Date: February 8, 2017
ee
SAN FRANCISCO REGIONAL CENTER,
Complaint Filed: Sept. 10, 2015
LLC, a California limited liability company,
Trial Date: TBD
THOMAS M. HENDERSON an individual;
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and DOES 1 through 20, inclusive
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2017
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Defendants. — J
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FEB O
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VAECE
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-TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
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This matter came before the Court upon an order to show cause why a preliminary.
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injunction should not be: issued in favor of plaintiffs WOMAC Properties, Inc.
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22! (“WOMAC”) and JLG Associates, LLC (“JLGA” and with WOMAC, collectively
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[PROPOSED] PRELIMINARY INJUNCTION
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“Plaintiffs”) against defendants San Francisco Regional Center, LLC (“SFRC”) and
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Thomas Henderson (“Henderson” and with SFRC collectively “Defendants”)
Plaintiffs have presented the Court with declarations which establish: (1) an
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injunction isnecessary to render a decision in this matter meaningful; (2) a likelihood that
' Plaintiffs will ultimately prevail on the merits of one or more of their claims against
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Defendants. Plaintiffs have also made a sufficient showing of the possibility of
irreparable injury. oo ,
Therefore, the Court finds that there is good cause for the issuance of a
preliminary injunction in this matter, removing SFRC as raanager of JL Gateway, LLC
10 (“JL Gateway”) and inserting WOMAC as manager of IL Gateway and restraining and
LLP
il enjoining Defendants and all of their agents from interfering with the management of iL
SUITE 300
946028
RIGGS
{F10}597-1990
12
EM ERVYV! LLE, CA
AVENUE,
Gateway. Accordingly, IT IS HEREBY ORDERED as follows:
&
pernyy
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KATZOFF
1500 PARK
13 Pending further order of Court SFRC is removed as manager of JL Gateway and
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14 WOMAC is inserted as manager of JL Gateway. Defendants and their agents, servants,
15 assigns, and all those acting in concert with Defendants, or on Defendants’ behalf,
16 including but not limited to Randy Sugarman, Schur
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and Sugarman Business
17 Management, Marvin Tate, CPA, and Marvin Tate are further restrained and enjoined
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18 from:
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19 (1) participating in any manner in the management of JL Gateway;
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20 (2) receiving or managing the funds of JL Gateway in any way;
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21 (3) receiving rents or profits from the operation of'the shopping center owned by
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22 JL Gateway (“the Project’); i
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[PROPOSED] PRELIMINARY INJUNCTION
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(4) denying WOMAC signing authority for JL Gateway’s bank and financial
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' accounts; ; |
(5) denying WOMAC access to JL Gateway’s financial accounts, books, and
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credit card accounts;
(6) denying WOMAC access to records for the Projec t including but not limited to
; . . . | . . .
' rental leases, deeds, tenants’ contact information, collections details, rental licenses, lists
: . . do :
| of security deposits by name of tenant and amount of deposit, tenant ledgers, copies of all
" open work orders for the properties and other such documents reasonably necessary for
' WOMAC to manage JL Gateway; |
10 (7) denying WOMAC possession of the keys and alarms codes for the Project
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LLP
11 ' owned by JL Gateway; ©
SUITE 300
CA 94608
RIGGS
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{Si O}S97-19) eit]
AVENUE,
12 (8) denying WOMAC control and possession of the rents paid by the tenants of the
EMERYVILLE,
&
KATZOFF
1500 PARK
13 Project; and |
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14 (9) otherwise denying the ability of WOMAC to perform all duties as the new
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15 manager of JL Gateway pursuant to this order. | |
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17 The above preliminary . injunction order is effective on Plaintiffs filing an
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18 undertaking in the sum of $ |
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19 Date: , 2017
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22 Judge of the Superior Court
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[PROPOSED] PRELIMINARY INJUNCTION
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Preview
® ' KENNETH S. KATZOFF (SBN,103490) STEPHEN G. PREONAS (SBN 245334) Katzoff & Riggs LLP ORIGINAL 1500 Park Avenue, Suite 300 Emeryville, CA 94608 | Tel. (510) 597-1990 Fax. (510) 597-0295 Attorneys for Plaintiffs -WOMAC PROPERTIES, INC. . and JLG ASSOCIATES, LLC i | 5 4 SUPERIOR. COURT OF CALIFORNIA - UNLIMITED CIVIL JURISDICTION | COUNTY OF ALAMEDA ,; | WOMAC PROPERTIES, INC.:a California Case No. RG-15-785236 nonprofit public benefit corporation, JLG i ASSOCIATES, LLC, a California. limited ASSIGNED FOR ALL PURPOSES TO THE LLP liability company HONORABLE ROBERT MCGUINESS SUITE 300 DEPARMENT 22 . CA 94608 RIGGS el {510}597-1990 1 AVENUE, Plaintiff, [PROPOSED] PRELIMINARY a EMERYVILLE, & INJUNCTION: a KATZOFF 1500 PARK VS. el Date: February 8, 2017 ee SAN FRANCISCO REGIONAL CENTER, Complaint Filed: Sept. 10, 2015 LLC, a California limited liability company, Trial Date: TBD THOMAS M. HENDERSON an individual; | and DOES 1 through 20, inclusive | (Weal “a _ 2017 |i ee Defendants. — J ~I — 8 ! i FEB O | | — VAECE i . | -TO ALL PARTIES AND THEIR COUNSEL OF RECORD: am \o This matter came before the Court upon an order to show cause why a preliminary. —_—) nN injunction should not be: issued in favor of plaintiffs WOMAC Properties, Inc. Nn — | ! | ’ ‘ 22! (“WOMAC”) and JLG Associates, LLC (“JLGA” and with WOMAC, collectively 7 | [PROPOSED] PRELIMINARY INJUNCTION ' ' | i i ® 6 i t ; i “Plaintiffs”) against defendants San Francisco Regional Center, LLC (“SFRC”) and I { ' q ' 1 1 t ; | ' Thomas Henderson (“Henderson” and with SFRC collectively “Defendants”) Plaintiffs have presented the Court with declarations which establish: (1) an | injunction isnecessary to render a decision in this matter meaningful; (2) a likelihood that ' Plaintiffs will ultimately prevail on the merits of one or more of their claims against | Defendants. Plaintiffs have also made a sufficient showing of the possibility of irreparable injury. oo , Therefore, the Court finds that there is good cause for the issuance of a preliminary injunction in this matter, removing SFRC as raanager of JL Gateway, LLC 10 (“JL Gateway”) and inserting WOMAC as manager of IL Gateway and restraining and LLP il enjoining Defendants and all of their agents from interfering with the management of iL SUITE 300 946028 RIGGS {F10}597-1990 12 EM ERVYV! LLE, CA AVENUE, Gateway. Accordingly, IT IS HEREBY ORDERED as follows: & pernyy . | KATZOFF 1500 PARK 13 Pending further order of Court SFRC is removed as manager of JL Gateway and | 14 WOMAC is inserted as manager of JL Gateway. Defendants and their agents, servants, 15 assigns, and all those acting in concert with Defendants, or on Defendants’ behalf, 16 including but not limited to Randy Sugarman, Schur | and Sugarman Business 17 Management, Marvin Tate, CPA, and Marvin Tate are further restrained and enjoined | 18 from: | | 19 (1) participating in any manner in the management of JL Gateway; | 20 (2) receiving or managing the funds of JL Gateway in any way; ; 21 (3) receiving rents or profits from the operation of'the shopping center owned by | 22 JL Gateway (“the Project’); i i I | [PROPOSED] PRELIMINARY INJUNCTION 9) | 'i |' }\ | i { vt a\ (4) denying WOMAC signing authority for JL Gateway’s bank and financial 4 | ' accounts; ; | (5) denying WOMAC access to JL Gateway’s financial accounts, books, and | | credit card accounts; (6) denying WOMAC access to records for the Projec t including but not limited to ; . . . | . . . ' rental leases, deeds, tenants’ contact information, collections details, rental licenses, lists : . . do : | of security deposits by name of tenant and amount of deposit, tenant ledgers, copies of all " open work orders for the properties and other such documents reasonably necessary for ' WOMAC to manage JL Gateway; | 10 (7) denying WOMAC possession of the keys and alarms codes for the Project : | LLP 11 ' owned by JL Gateway; © SUITE 300 CA 94608 RIGGS | | | {Si O}S97-19) eit] AVENUE, 12 (8) denying WOMAC control and possession of the rents paid by the tenants of the EMERYVILLE, & KATZOFF 1500 PARK 13 Project; and | . \ | 14 (9) otherwise denying the ability of WOMAC to perform all duties as the new i 15 manager of JL Gateway pursuant to this order. | | 16 | 17 The above preliminary . injunction order is effective on Plaintiffs filing an i 18 undertaking in the sum of $ | | 19 Date: , 2017 | 20 | 21 | 22 Judge of the Superior Court | , | t [PROPOSED] PRELIMINARY INJUNCTION 3 1 | i] It i