Judge: Elaine W. Mandel, Case: 24SMCV02455, Date: 2024-11-01 Tentative Ruling

Case Number: 24SMCV02455    Hearing Date: November 1, 2024    Dept: P

Tentative Ruling

Biliack v. D.A. BEEC-007, Case no. 24SMCV02455

Hearing date November 1, 2024

OSC Re: Appointment of Receiver and Issuance of Preliminary Injunction

Plaintiffs David Biliack and his tenants in common sue defendants D.A. BEEC-007, LLC and Anne Kihagi for breach of contract and breach of personal guaranty arising from defendants’ default on a $2.8 million loan, secured by real property in Santa Monica, and the guarantor’s alleged failure to honor its obligations.

Plaintiffs filed an ex parte application 10/1/24 for issuance of a temporary restraining order and an OSC re: appointment of a receiver and issuance of a preliminary injunction. The court granted the TRO on 10/2/24 and set hearing for the OSC re: appointment of receiver and preliminary injunction on 11/1/24. Plaintiffs filed a notice of non-opposition 10/25/24. Defendants filed a late opposition and a notice of related case D.A. Beec-007, LLC v. Diversified Mortgage Co., Case no. 24STCV12943 10/30/24.

The court notes defendants’ late filing deprives plaintiffs of the chance to reply. Defendants also assert personal service was only effected on defendant D.A. BEEC-007, LLC on 10/24/24. Decl. Nong para. 5; exs. 5, 6. If so, the court lacked jurisdiction over defendant D.A. BEEC-007, LLC when it issued the temporary restraining order. These considerations warrant a continuance. The court will continue the matter to 11/6/24 to review the opposition, allow plaintiffs to file a reply (due by 11/4/24 at noon PST) and address the issue of jurisdiction.