Judge: Lee W. Tsao, Case: 23NWV02824, Date: 2023-10-02 Tentative Ruling

Case Number: 23NWV02824    Hearing Date: October 2, 2023    Dept: C

Paasport Foods USA v. Passport Foods SVC

Plaintiff’s Ex Parte Application for a Temporary Restraining Order (TRO) is GRANTED because Plaintiff has shown that Plaintiff would suffer greater harm and it has a probability of prevailing on the merits. Further, notice is excused under CCP § 527(c) because Plaintiff alleges that Defendant has defrauded Plaintiff by representing that its accounts receivable were over $1,750,000 when they were valued at approximately $25,000. Thus, Defendant is ordered to immediately transfer all funds obtained through the Employee Retention Tax Credit for Q2, Q3, Q4 of 2020 and Q1, Q2 and Q3 of 2021 (“ERTC Funds”), to an escrow account provided by Plaintiff’s counsel. An OSC re preliminary injunction is scheduled for November 7, 2023.