Judge: Robert B. Broadbelt, Case: 22STCV33631, Date: 2023-11-30 Tentative Ruling
Case Number: 22STCV33631 Hearing Date: November 30, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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22STCV33631 |
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Hearing
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November
30, 2023 |
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[Tentative]
Order RE: plaintiff’s motion for preliminary
injunction |
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MOVING PARTY: Plaintiff Jeffrey Ito
RESPONDING PARTY: Unopposed
Motion for Preliminary Injunction
Plaintiff Jeffrey Ito (“Plaintiff”) filed the pending motion for
preliminary injunction on November 28, 2023, requesting that the court issue a
preliminary injunction pursuant to Code of Civil Procedure section 527. The motion is noticed for hearing on November
30, 2023.
The court finds that (1) Plaintiff did not properly serve defendants
Michele Morgan, Carol Folt, Yannis Yortsos, and University of Southern
California with this motion, because those defendants have not made a general
appearance in this case and thus electronic service on Kjar, McKenna &
Stockalper LLP is not a valid method of service, and (2) Plaintiff did not file
and serve this motion at least 16 court days before the hearing on this motion
and thus did not provide sufficient notice of this motion to the defendants and
to the court. (POS-050, filed November
13, 2023 [Proof of Electronic Service on November 10, 2023]; Code Civ. Proc., §
1005, subd. (b) [“all moving and supporting papers shall be served and filed at
least 16 court days before the hearing”].)
The court therefore denies plaintiff Jeffrey Ito’s motion for
preliminary injunction.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court