Judge: Mitchell L. Beckloff, Case: 22STCV25657, Date: 2022-08-26 Tentative Ruling
Case Number: 22STCV25657 Hearing Date: August 26, 2022 Dept: 86
CASTELLANOS v. PINNACLE ESTATE PROPERTIES, et al.
Case No. 22STCV25657
Hearing Date: August 26, 2022
[Tentative] ORDER DENYING PRELIMINARY INJUNCTION AS TO DEFENDANTS
YANEZ AND ORONOZ
Plaintiffs, Teodulo Castellanos and Maria Castellanos, bring this action against several defendants for damages based on professional negligence, breach of fiduciary duty, fraudulent concealment, breach of duty (notary), aiding and abetting, conspiracy and declaratory relief. On August 15, 2022, this court granted a temporary restraining order against Defendants Efrain Flores-Yanez, Jeremy Rodriguez, Jose Valentin Ramirez Solano and J. Oronoz and set an order to show cause hearing on a preliminary injunction against the same defendants.
Since that time, Defendants Rodriguez and Solano have stipulated that a preliminary injunction be granted. The court signed the stipulations as orders of the court. Outstanding are Plaintiffs’ request for a preliminary injunction against Defendants Yanez and Oronoz.
On August 16, 2022, Plaintiffs’ counsel filed a declaration indicating Defendant Yanez was “on the run.” Plaintiffs’ counsel also advised Defendant Oronoz knew about the ex parte hearing but elected not to attend.
The matter is before the court on Plaintiffs’ request for a preliminary injunction against Defendants Yanez and Oronoz. The request is denied.
The court has no proof either defendant has been served with the summons and complaint, temporary restraining order or order to show cause. The court cannot proceed without jurisdiction over the defendants or notice. Accordingly, Plaintiffs’ request for a preliminary injunction against Defendants Yanez and Oronoz is denied. The temporary restraining order against Defendants Yanez and Oronoz is dissolved.
IT IS SO ORDERED.
August 24, 2022 ________________________________
Hon. Mitchell Beckloff
Judge of the Superior Court