Judge: Lee W. Tsao, Case: 23NWCV02905, Date: 2023-09-18 Tentative Ruling

Case Number: 23NWCV02905    Hearing Date: February 5, 2024    Dept: C

Thomas v. Cervantes

Plaintiff Elizabeth Thomas’s (Plaintiff) Ex Parte Application for a Temporary Restraining Order (TRO) is DENIED.

A TRO is similar to a preliminary injunction but can be issued on an ex parte basis. “In determining whether to issue a preliminary injunction, the trial court considers: (1) the likelihood that the moving party will prevail on the merits and (2) the interim harm to the respective parties if an injunction is granted or denied. The moving party must prevail on both factors to obtain an injunction.” (Pittsburg Unified School Dist. v. S.J. Amoroso Construction Co., Inc. (2014) 232 Cal.App.4th 808, 813-814.) First, Plaintiff is seeking to enjoin non-parties Bruce Kolacki Jr., Caroloyn Lara, and Amber Kolacki from allegedly accessing her email. This Court lacks jurisdiction in this action to enjoin those persons. Second, Plaintiff’s action is for quiet title of certain real property, thus, a TRO must relate to the quiet title cause of action. Finally, Plaintiff has failed to include any evidence that she is likely to prevail on the merits. “Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.” (California Rules of Court, Rule 3.1306(a).) Plaintiff did not authenticate her exhibits attached to her Application by way of declaration.