Motion for preliminary injunction denied and TRO previously granted is dissolved. Petitioner has failed to demonstrate irreparable harm and establish likelihood of prevailing on any cause of action alleged and the balance of equities favor respondent. PS Resort’s request for judicial notice is granted. City of Palm Springs’s request for judicial notice is granted. The court declines to rule on City’s evidentiary objections as they are not material to this court’s ruling.

Petitioner, Committee to Relocate Marilyn (“Petitioner”), filed the petition (the “Petition”) in this action on March 19, 2021 against respondent City of Palm Springs (“the “City”). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within the City. (Petition, ¶ 12.) Petitioner is seeking to stop the installation of a 26-foot tall statue of Marilyn Monroe (“Forever Marilyn statue”) on Museum Way between Museum Dr. and Belardo Rd. (Id., ¶¶ 1-3, 7-8, 3