Judge: Craig Griffin, Case: "Workstation Industries, Inc. v. Bezerra", Date: 2022-08-29 Tentative Ruling

On 7/15/22, the Court issued a Temporary Restraining Order (a “TRO”) at the request of Plaintiff Workstation Industries, Inc. (“Plaintiff”), set a further hearing on the application, and also scheduled an Order to Show Cause re Preliminary Injunction.  On 8/9/22, at the continued hearing, the Court issued an Amended TRO. Having considered all of the materials submitted by the parties in connection with the relief requested, the Court now GRANTS IN PART the request for a Preliminary Injunction.

In determining whether to issue a preliminary injunction, the trial court considers two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a preliminary injunction. The latter factor involves consideration of such things as the inadequacy of other remedies, the degree of irreparable harm, and the necessity of preserving the status quo. (Abrams v. St. John's Hospital & Health Center (1994) 25 Cal.App.4th 628, 635–36.)  The court’s determination is guided by a mix of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other.  (Butt v. State of California (1992) 4 Cal.4^th 668, 678.) 

Here, Plaintiff has presented substantial evidence to demonstrate imminent and irreparable injury, and has shown a probability of prevailing on its claims against Defendant Jose Bezerra. Defendant in response has failed to meaningfully address any of the evidence presented by Plaintiff.  The Court will thus issue a Preliminary Injunction which comports with the terms of the TRO as amended and approved on 8/9/22, to be effective subject to the posting of an undertaking in accordance with C.C.P. § 529 in the amount of $5,000.  Counsel for Plaintiff is to give notice of this ruling, submit a proposed Order which comports with the foregoing, and serve Defendant with the resulting order.