Judge: Lee W. Tsao, Case: 24NWCV00819, Date: 2024-03-29 Tentative Ruling

Case Number: 24NWCV00819    Hearing Date: March 29, 2024    Dept: C

Beilke v. Villages at Heritage Springs Homeowners Association, et al., Case No. 24NWCV00819

This case is about the former president of the homeowner’s association alleged misappropriation of funds from the association. Plaintiff moves ex parte for a temporary restraining order to stop defendants from selling, trying to sell, causing to be sold, encumbering, or causing to be encumbered Plaintiff’s real property located at 12353 Heritage Springs, Santa Fe Springs, California 90670.  Plaintiff also requests the Court to issue an order to show cause why a preliminary injunction should not issue restraining and enjoining defendants in the same manner for the remainder of the litigation. Defendants oppose. Plaintiff replies.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. Rules of Court, rule 3.1202(c).)

Plaintiff states that he and his wife will suffer irreparable harm if they are foreclosed upon and evicted from their home. (Decl. Beilke, ¶ 26.) He further states that losing his residence would disrupt his social network, uproot his family, and subject him to the uncertainty of finding alternative housing in a competitive market. (Decl. Beilke, ¶ 26.)

The trustee’s sale will occur on April 16, 2024. (Decl. Beike, ¶ 19, Ex. 5.) The homeowner’s association recorded a notice of default on December 18, 2023. (Decl. Beike, ¶ 18, Ex. 4.)

Defendants oppose on the grounds that no irreparable harm exists because money is the remedy. Defendants argue that Plaintiff may pay and cancel the foreclosure sale at any time. (Opp., pg. 4.) By doing so, Plaintiff can sue the association and seek reimbursement. (Opp., pg. 4.)

For purposes of determining whether equitable relief by way of injunction is proper, required “irreparable injury” is one whose pecuniary value is not susceptible to monetary valuation, or one involving item so unique that its loss deprives possessor of intrinsic values not replaceable by money or in kind. (Code Civ. Proc., § 526, subd. (a)(2), (4).)

Based on the above, the Court finds that irreparable injury will occur if the sale continues because Plaintiff derives intrinsic value from his home. The Court GRANTS the motion for temporary restraining order and OSC re: Injunction. Order to Show Cause Re: Preliminary Injunction is scheduled for Tuesday, April 23, 2024, at 10:30 A.M. in Dept. SE-C. Opposition briefs are due nine court days before the hearing and reply briefs five court days before. (Code Civ. Proc., § 1005.)