Judge: Salvatore Sirna, Case: 24PSCV03869, Date: 2024-11-26 Tentative Ruling

Case Number: 24PSCV03869    Hearing Date: November 26, 2024    Dept: G

Blue Wave Properties, LLC v. Reusch  (24PSCV03869)

November 26, 2024

Plaintiff’s Ex Parte Application for a Temporary Restraining Order and OSC re: Preliminary Injunction Preventing Tenant From Using Property For Other Than Its Intended Purpose

RULING:

The court read and considered the moving papers filed by Plaintiff Blue Wave Properties, LLC (Blue Wave), to include the declarations of Ernie Park, Esq., property manager Kara Wolff, and private investigator Ron Echavarria.  The court did not receive an opposition Defendant Eric Reusch (Reusch). 

Plaintiff requests a Temporary Restraining Order and the setting of an OSC re: Preliminary Injunction so that Defendant Reusch operates the business property located at 2043 South Hacienda Blvd., Hacienda Heights, CA, for no other purpose than the stated purpose as a laundromat.  Plaintiff seeks a TRO that prohibits Reusch from allowing acts at the subject premises that would constitute a nuisance to other business owners, including prostitution, illegal drug sales, and illegal gambling.  Plaintiff presented the declarations of Ms. Wolff and Mr. Echavarria as the basis establishing these acts are occurring at the premises unchecked by Reusch.  

Pursuant to Rule 3.1202, subdivision (c) of the California Rules of Court, an application for ex parte relief "must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.”  The court finds that the declarations of Ms. Wolff and Mr. Echavarria submitted by Plaintiff in support of the ex parte application satisfy this requirement.  Specifically, the declarations states that the Property is a “shopping center . . . with sixteen tenants,” that Defendant Reusch assumed the lease obligations of the subject premises, and that Defendant Reusch’s failure to curb illegal activity at the premises has “fostered a hub for criminal activity. . . .”  As such, the court finds exigent circumstances to support Plaintiff’s request for ex parte relief.

Accordingly ex parte application for a Temporary Restraining Order is GRANTED.   

The court sets an OSC re: Preliminary Injunction for December 6, 8:30 a.m., Dept. G.  As for jurisdiction over Defendant Eric Reusch, the court notes that Plaintiff has not filed a proof of service of the Summons and Complaint as to Defendant.  Therefore, Plaintiff is ordered to serve the OSC re: Preliminary Injunction on Defendant not later than November 30, 2024, in a manner compliant with California Rules of Court 3.1150(a).  Failure to do so will result in denial of Plaintiff’s Preliminary Injunction as the court will not have proper jurisdiction over Defendant. 

The court sets the following briefing schedule:

            Opposition to the OSC re: Preliminary Injunction:     December 4, 2024, by 4:00 pm

            Reply by Plaintiff:                                                       December 5, 2024, by 4:00 pm

Plaintiff is ordered to give notice.