Judge: Curtis A. Kin, Case: 22STCV37755, Date: 2023-03-14 Tentative Ruling

Case Number: 22STCV37755    Hearing Date: March 14, 2023    Dept: 72

MOTION FOR JUDGMENT ON THE PLEADINGS

Date:               3/14/23 (8:30 AM)                 

Case:              Pacific Panorama, LLC v. Kwala, LLC et al. (22STCV37755)

TENTATIVE RULING:

Defendants Kwala LLC and FCI Lender Services, Inc.’s Motion for Judgment on the Pleadings is CONTINUED pending resolution of the Order to Show Cause re: Preliminary Injunction, which is set for hearing on 3/29/23 in Department 86 (Hon. Michelle L. Beckloff, presiding).

In the opposition to the ex parte application for temporary restraining order and for preliminary injunction filed on 1/3/23, defendant Kwala LLC asserted the same arguments presented in the instant motion for judgment on the pleadings, including that plaintiff lacks standing to assert the contractual and statutory claims. Further, in deciding whether to issue a preliminary injunction, the Court considers the probability that the party seeking the injunction will prevail at trial. (Integrated Dynamic Solutions, Inc. v. VitaVet Labs, Inc. (2016) 6 Cal.App.5th 1178, 1183.) Such a consideration necessarily involves the causes of action in the operative First Amended Complaint. Accordingly, the Order to Show Cause and the instant motion involve common issues. The Court thus elects to continue the motion for judgment on the pleadings pending resolution of the Order to Show Cause re: Preliminary Injunction.

Accordingly, the hearing on the instant motion is CONTINUED to 4/25/23, at 9:30 a.m., in Department 72 (Stanly Mosk Courthouse).  In addition, the Court on its own motion advanced the Case Management Conference set for 4/19/23 to this date and continues it to 4/25/23 at 9:30 a.m., in the same Department.