WINE COUNTRY
ENTERPRISES, LLC VS MOTION FOR PRELIMINARY
CVSW2305436 INJUNCTION
COUNTRY ROAD
ESTATES
Tentative Ruling: DENY the motion.
On 9/12/23, this Court continued the matter to allow for supplemental briefing. The plaintiffs’
9/21/23 brief provides no new authority that is on point. Plaintiffs argue that the CC&Rs are a
contract, so the covenant of good faith and fair dealing applies. Plaintiffs assert that Defendant’s
failure to sign the County’s form approving their rental of the property constitutes a breach of this
covenant. If this motion is not granted, the Plaintiffs contend they will be prohibited from seeking
a permit until after July 29, 2024, due to a County moratorium. And argue that requiring the
Defendant to sign a form for the County is not a mandatory action.
Plaintiffs, however, are seeking a mandatory injunction. An injunction is prohibitory if it requires
a person to refrain from
Hearing Date
September 28, 2023
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WINE COUNTRY
ENTERPRISES, LLC VS MOTION FOR PRELIMINARY
CVSW2305436 INJUNCTION
COUNTRY ROAD
ESTATES
Tentative Ruling: DENY the motion.
On 9/12/23, this Court continued the matter to allow for supplemental briefing. The plaintiffs’
9/21/23 brief provides no new authority that is on point. Plaintiffs argue that the CC&Rs are a
contract, so the covenant of good faith and fair dealing applies. Plaintiffs assert that Defendant’s
failure to sign the County’s form approving their rental of the property constitutes a breach of this
covenant. If this motion is not granted, the Plaintiffs contend they will be prohibited from seeking
a permit until after July 29, 2024, due to a County moratorium. And argue that requiring the
Defendant to sign a form for the County is not a mandatory action.
Plaintiffs, however, are seeking a mandatory injunction. An injunction is prohibitory if it requires
a person to refrain from