Judge: Stephen I. Goorvitch, Case: 25STCV03960, Date: 2025-02-28 Tentative Ruling

Case Number: 25STCV03960    Hearing Date: February 28, 2025    Dept: 82

Arash Hakhamian, et al. v. Daily Dental Care, LLC, et al., Case No. 25STCV03960

Plaintiffs filed this action on February 21, 2025, but have not yet served the summons and complaint.  Plaintiffs filed an ex parte application for a temporary restraining order to: (1) Freeze Defendants’ assets, (2) Prohibit the destruction, concealment, or alteration of documents and records; (3) Require the immediate production of books and records; (4) Confirm the appointment of Arash Hakhamian as a manager of the limited liability company; (5) Enforce deadlock procedures for board meetings; (6) Enforce deadlock procedures for board meetings; (7) Retain independent counsel to provide corporate guidance; and (8) Require an emergency board meeting to be held within seven days.

The ex parte application raises several concerns.  First, the ex parte application does not articulate exigency requiring this matter to be heard on 24 hours’ notice.  Second, the requested temporary restraining order is expansive.  There is no clear authority for some requests; some requests seek a mandatory TRO/preliminary injunction which is granted “except in extreme cases where the right thereto is clearly established.”  (Teachers Ins. & Annuity Ass’n v. Furlotti (1999) 70 Cal.App.4th 1487, 1493.)  Third, the summons and complaint have not been served.  Finally, the LLC agreement contains a Delaware forum selection clause.    

Based upon the foregoing, the court orders as follows:

1.       The court advances and continues the hearing on the ex parte application from February 28, 2025, to March 7, 2025, at 9:00 a.m. 

2.       Any opposition(s) shall be filed and served on or before March 3, 2025, at 8:30 a.m.    

3.       Defendants shall email courtesy copies of any opposition(s) to the court at the following email address: WRDept82@LACourt.org.

4.       The court’s clerk shall provide notice to Plaintiff’s counsel via email. 

5.       Plaintiff’s counsel shall immediately provide notice to Defendants via email and shall file a proof of service to that effect.