Plaintiff’s Motion for Preliminary Injunction.
On July 15, 2021 plaintiff filed a Judicial Council Form Complaint for damages. On July 16, 2021 the court denied plaintiff’s ex parte motion for preliminary injunction. A TRO was not requested and an OSC was not issued. Plaintiff filed a noticed motion for a preliminary injunction asserting that defendant is a 25% owner of a 21 acre historic mine parcel held in the name of 17 persons; plaintiff owns 8.333% of the parcel; the parcel has not been subdivided, yet the parcel is divided into separate Assessor’s parcel numbers for each interest; and defendant is engaging in certain conduct on her APN without the required permits, which exposes the other parcel owners to liability.
A preliminary injunction shall not be granted without notice to the opposing parties. (Code of Civil Procedure, § 527(a).)
“An injunction may be granted in the following cases: ¶ (1) When it appears by the complaint that the plaintiff is entitled to the relief demande