Judge: Robert C. Longstreth, Case: 37-2023-00044228-CU-BC-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  01:30:00 PM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00044228-CU-BC-CTL CONCRETE EXPRSS READY MIX LLC VS KALKAT [IMAGED] CAUSAL DOCUMENT/DATE FILED:

On the court's order to show cause why a preliminary injunction should not issue, Plaintiffs' request for preliminary injunction is DENIED. (ROA 26.) 'The trial court's determination must be guided by a 'mix' of the potential-merit and interim-harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction.' (Butt v. State of California (1992) 4 Cal.4th 668, 678.) Here, Plaintiffs seek an injunction 1) ordering Defendant to return three concrete cement trucks they contend are owned by Plaintiff Concrete Exprss Ready Mix, LLC ('Company') and 2) enjoining Defendant from withdrawing funds from Company's bank accounts.

Plaintiffs have not sufficiently demonstrated the potential merit of their case. Plaintiffs' Complaint includes, among other causes of action, a claim for conversion wherein they allege they are the rightful owners of three concrete cement trucks taken by Defendant. The only evidence of Company's potential ownership of the trucks are three Certificates of Title that misspell Company's name. (Pltf. NOL, Exh. 5.) Plaintiffs characterize the misspelling as a mere clerical error. (Ascencion Decl. ¶ 4; Stark Decl. ¶¶ 4-5.) In opposition, Defendant has offered evidence including a bill of sale for the trucks indicating they were purchased in the name of Kalkat Orchard Co., (Kalkat Decl., Exh. A and Steele Decl. ¶¶ 2, 4), vehicle registrations from the Department of Motor Vehicles for the trucks identifying Kalkat Orchard Co. as the registered owner and Defendant as the lienholder (Kalkat Decl., Exh. E), and certificates of title identifying Kalkat Orchard Co. as the registered owner and Defendant as the lienholder (Kalkat Decl., Exh. F).

At a minimum, the available evidence does not support a conclusion Plaintiffs are likely to prevail on their cause of action for conversion. As such, their request for a mandatory injunction compelling Defendant to return the three cement trucks is denied.

As to Plaintiffs' request for an order enjoining Defendant from withdrawing further funds from Company's bank accounts, this request now appears to be moot. The bank has closed Company's account. (Kalkat Decl. ¶ 12, Exh. D.) Thus, all that is at issue at this point is potential money damages.

Calendar No.: Event ID:  TENTATIVE RULINGS

3042633  48