Judge: Michael Small, Case: 24STCV09279, Date: 2024-11-15 Tentative Ruling

Case Number: 24STCV09279    Hearing Date: November 15, 2024    Dept: 57

The Court is granting Defendant's motion for relief from the default that the Clerk entered her in this action.   Defendant's motion and supporting declaration of her counsel demonstrate that Defendant is entitled to that relief under Section 473(b) of the Code of Civil Procedure.   Plaintiffs are entitled to costs of $129.71 for securing the default.  The Court is denying Plaintiffs' request for an award of in costs  excess of that figure. 

 Also pending before the Court is Defendant's motion for an order on her objections to the bond that Plaintiffs posted in connection with the preliminary injunction that the Plaintiffs obtained against the Defendant.  The Court is persuaded that Defendant is correct that Plaintiffs failed to post the bond within the 30-day period specified in the order entering the preliminary injunction.  Procuring a bond (which Plaintiffs did) is not the same thing as actually posting the bond.  The Court also is persuaded that Defendant is correct that Plaintiffs failed to properly ensure the acknowledgement of the bond in accordance with Code of Civil Procedure Section 995.630 and California Rule of Court 3.1130.The defects with the timing of the posting of the bond and the acknowledgment of the bond mean that the preliminary injunction is unenforceable.  As a result, the Court has no basis to issue, as Plaintiffs have requested, an order to show cause on whether Defendant should be held in contempt for violating the preliminary injunction.   Plaintiffs' request thus is denied.  All of this said, it would appear from the evidence that Plaintiffs submitted in support of the request for an order to show cause that, if Plaintiffs were to file a new motion for preliminary injunction, the Court would grant that motion.  Assuming Plaintiffs then timely posted a properly acknowledged bond, Defendant thus would be subject to the same preliminary injunction that Plaintiffs previously obtained against her.