Judge: Randall J. Sherman, Case: 2023-01333248, Date: 2023-08-11 Tentative Ruling

The Order to Show Cause re Preliminary Injunction is discharged, and the Temporary Restraining Order issued by the court on July 11, 2023 is terminated.

Plaintiff has failed to show that he is entitled to the issuance of a preliminary injunction.  Plaintiff does not demonstrate with either a verified complaint, affidavits or other evidence that there is an evidentiary basis for a preliminary injunction.  Instead, plaintiff relies primarily on the allegations in his unverified First Amended Complaint and speculation.  The only declarations in support of plaintiff’s injunction request are four declarations from attorneys.  They establish there is a large judgment against defendants Yan and Zhongji (although they don’t even say the judgment is in favor of plaintiff), but they do not connect either of the judgment debtors to the Diamond Bar real property whose sale plaintiff wants to enjoin.  All the declarations say is that Yan’s father is a co-conspirator with Yan (a legal conclusion lacking facts) to defraud Yan’s creditors in China (another legal conclusion lacking facts), that defendant Ocean Xiang directly or indirectly owned the Diamond Bar real property (whatever that means), and that Yan’s father holds the Diamond Bar real property’s sales proceeds.  Plaintiff does not even provide evidence establishing a connection between Yan and Ocean Xiang.  Specifically, there is no evidence that any of the proceeds of plaintiff’s loan to Yan were used to purchase the Diamond Bar real property or that Yan has any ownership interest or control over the Diamond Bar real property, no evidence of any intent to hinder, delay or defraud plaintiff by Yan, Zhongji or Banghua in the transfer of the Diamond Bar real property, and no evidence that Banghua was involved in any conspiracy.  In sum, plaintiff has failed to carry his burden of establishing a likelihood of prevailing on the merits of his claim of a fraudulent conveyance by Yan or Zhongji, or establishing his entitlement to a preliminary injunction under CCP §526(a) or §527(a).

Plaintiff is ordered to give notice of the ruling unless notice is waived.