Judge: Elaine W. Mandel, Case: 24SMCV00889, Date: 2024-04-03 Tentative Ruling
Case Number: 24SMCV00889 Hearing Date: April 3, 2024 Dept: P
Tentative
Ruling
Lady
JGerard v. Move Central Inc., Case No. 24SMCV00889
Hearing
date April 3, 2024
OSC
re: Preliminary Injunction
Plaintiff
Lady JGerard hired defendant Move Central, Inc. to move the contents of her
clothing store. Lady J alleges Move demanded more money than agreed upon to
complete the move. Lady J alleges Move is holding her possessions and states it
will auction them off if she does not pay the additional cost.
On February
29, 2024 the court granted Lady J’s ex parte application for temporary
restraining order to stay the auction of the inventory that is in Move’s
possession. A hearing for the preliminary injunction was set for April 3, 2024,
and the court deemed Lady J’s ex parte application as the moving papers. See
2/29/24 Minute Order.
Based on the
proof of service filed March 18, 2024, Lady J served Move with the ex parte application
along with the summons, complaint, and 2/29/24 court order on March 14, 2024
via substitute service. However, this does not comport with Code of Civil
Procedure §1005 because Lady J was required to serve the moving papers 16 court
days before the hearing, which fell on April 11. Thus, because Lady J did not
comply with the appropriate service requirement, there is good cause to
continue the hearing to provide Move with additional time to file an
opposition.
Accordingly,
the OSC re: Preliminary Injunction must be continued to provide proper notice.
Additionally,
Lady J is to provide proof of service of the ex parte papers from 2/29/24,
which was not previously filed. It appears the ex parte TRO may have been
granted improperly, unless plaintiff provides a proof of service indicating the
ex parte papers were actually served. The only information provided is that
plaintiff gave notice to Ramon Silva, a “customer representative” of defendant.
If proof of service is not filed, the court will vacate the TRO nunc pro tunc.