Plaintiff’s request for judicial notice is granted.
Defendants move to modify a portion of the court’s prior order granting a preliminary injunction against defendants. Specifically, defendants move to dissolve that portion of the preliminary injunction order which applies to defendant Dennis Graham. The preliminary injunction at issue states:
Defendants Pacific Air Conditioning & Heating, Inc., Essential Retail Services, Inc. and Dennis F. Graham are hereby enjoined from directly or indirectly (1) competing with plaintiff in the business of providing heating, ventilation and air conditioning services to national retail commercial customers; (2) soliciting plaintiff’s national retail commercial heating, ventilation and air conditioning service customers whose business and contracts were transferred to plaintiff pursuant to the Asset Purchase Agreement; and (3) ordering any agent of defendants to perform any of the above actions.
An injunction may be modified or dissolved upon a showing