Judge: Joseph Lipner, Case: 23STCV28386, Date: 2025-04-10 Tentative Ruling

Case Number: 23STCV28386    Hearing Date: April 10, 2025    Dept: 72

 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

 

DEPARTMENT 72

 

TENTATIVE RULING

 

MARLOS WILVER MERLOS, Administrator for the Estate of MARIA OFELIA MERLOS,

 

                                  Plaintiff,

 

         v.

 

 

ERIC J MERLOS, et al.,

 

                                  Defendants.

 

 Case No:  23STCV28386

 

 

 

 

 

 Hearing Date:  April 10, 2025

 Calendar Number:  6

 

 

 

Plaintiff Marlos Wilver Merlos, Administrator for the Estate of Maria Ofelia Merlos (“Plaintiff”) moves for an order appointing Matthew Taylor as the receiver (the “Receiver”) to take possession of the real property located at 4928 W. 20th St., Los Angeles, California 90016-1402 (the “Property”). Plaintiff additionally seeks injunctive relief providing that the Receiver shall assume control of the Property and restraining the Defendants from taking various actions to interfere with the Receiver or the Property.

 

The Court DENIES Plaintiff’s motion without prejudice. Under Los Angeles County Superior Court Local Rule 2.8(c), pre-judgment motions for appointment of a receiver must be filed in a writs and receiver department. The Court considers Plaintiff’s request for a preliminary injunction to be intertwined with the request for a receiver.

 

Plaintiff may file the request for a receiver in the correct department. Plaintiff may also renew the request for preliminary injunction in connection with the request for a receiver in the correct department.