Judge Lee W. Tsao, Case Number: 24NWCV02746, Date: 2024-09-04 Tentative Ruling

Judge: Lee W. Tsao, Case: 24NWCV02746, Date: 2024-09-04 Tentative Ruling

Case Number: 24NWCV02746 Hearing Date: September 4, 2024 Dept: C

Jamie Reyes, et al. vs Gary Reyes, as Trustee of the I. Reyes Living Trust, et al., Case No. 24NWCV02746

This is a breach of contract action. Plaintiffs Jamie Reyes and JR Machine Company filed this ex parte application for a temporary restraining order and an order to show cause why a preliminary injunction should not issue, restraining and enjoining Defendants from pursuing their unlawful detainer action against Plaintiffs for possession of the real property located at 13245 East Florence Ave., Santa Fe Springs, CA 90670 (“Subject Property”), and for an order staying the UD action pending resolution of the instant lawsuit.

Plaintiff Jamie Reyes alleges he entered into an agreement with Defendants whereby Defendants would sell their shares in JR Machine Co., Inc. to Plaintiff in exchange for Plaintiff’s 1/6^th interest in the Subject Property. JR Machine has operated from the Subject Property since 2015. As part of the agreement, Defendants agreed to execute a new written lease agreement with Plaintiff for the Subject Property. Plaintiff alleges he executed a grant deed which transferred his interest in the Subject Property to Defendants, but Defendants did not execute a new written lease agreement, in breach of the agreement. Instead, on June 28, 2024, Defendant Gary Reyes filed the underlying UD action (LASC Case No. 24NWUD01301). On August 26, 2024, Plaintiffs filed the instant lawsuit alleging breach of contract and fraud, among other causes of action. Trial in the UD action is scheduled for September 10, 2024.

The ex parte application is GRANTED in part. The UD action (LASC Case No. 24NWUD01301) is STAYED pending resolution of the instant lawsuit. (Asuncion v. Superior Court of San Diego County (1980) 108 Cal.App.3d 141.) The request for a temporary restraining order and an order to show cause why a preliminary injunction should not issue is DENIED as MOOT. Moving party to give notice.