Judge: Mark H. Epstein, Case: 23SMCV03694, Date: 2023-08-14 Tentative Ruling

Case Number: 23SMCV03694    Hearing Date: August 14, 2023    Dept: R

The ex parte application for a TRO is GRANTED.  The order is based primarily on the need to maintain the status quo pending a hearing.  At the PI hearing, the court will have the following questions: (1) What is the status of the Notice of Related Case?  It would certainly seem to appear that Judge Long ought to be deciding this.  (2) How can a PI be granted to stop foreclosure where plaintiff elected a monetary remedy?  In other words, plaintiff could have had title in the property but instead elected to have a money judgment.  Given that, one would think that defendant is free to do what defendant wants with the property.  If this is truly a fraudulent transaction (or the July 29, 2022 transfer was fraudulent or voidable) then an action might lie under the Uniform Voidable Transactions Act, but it is hard to see how the court can, in the longer term, stop a foreclosure.  (3) How is the alleged harm irreparable?  Plaintiff is claiming money damages.  Money tends to be reparable.  There is no evidence yet that defendant cannot stand in damages or that the proceeds from the sale, to the extent that they go to defendant, cannot be taken in satisfaction of the judgment.

That said, the underlying transfer raises enough doubt in the court’s mind to want to freeze things for a short time (3 weeks or so) to allow briefing on this in a fuller scale.