Judge: Nick A. Dourbetas, Case: 2017-00942381, Date: 2022-12-20 Tentative Ruling

Motion for Modification

Defendant RSA Premium Finance Company’s motion to modify preliminary injunction is DENIED.  Moving party has not presented any evidence supporting its request, let alone evidence showing that modification is warranted.  (Code Civ. Proc., § 533 [authorizing modification]; Loeffler v. Medina (2009) 174 Cal.App.4th 1495, 1504 [party seeking modification bears the burden “to show by a preponderance of the evidence that one of the circumstances set forth in Code of Civil Procedure section 533 is present”]; Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573, 577-578 [statements in briefs are argument, not evidence].)

Further, plaintiff has presented evidence showing that his income has not changed since the prior modification, while his expenses have increased.  (Romero Decl., ¶¶ 4, 5, and Ex. 4 thereto.) 

Plaintiff shall give notice.