Judge: Stephen I. Goorvitch, Case: 25STCV05649, Date: 2025-03-26 Tentative Ruling

Case Number: 25STCV05649    Hearing Date: March 26, 2025    Dept: 82

Danielle Heflin v. Zolkoven Group, et al.

Case No. 25STCV05649

[Tentative] Order Dissolving Temporary Restraining Order

            Plaintiff Danielle Heflin (“Plaintiff”) filed this action against Defendants on February 27, 2025.  The next day, Plaintiff filed an ex parte application for a temporary restraining order, which the court granted on March 4, 2025.  The court ordered: “The summons, complaint, moving papers, and the order granting the ex parte parte [sic] application are to be personally served on all named Defendants by March 5, 2025.”  (See Court’s Minute Order, dated March 4, 2025.)  This is a prerequisite to issuing a preliminary injunction:

The party who obtained the temporary restraining order shall, within five days from the date the temporary restraining order is issued or two days prior to the hearing, whichever is earlier, serve on the opposing party a copy of the complaint if not previously served, the order to show cause setting the date, time, and place of the hearing, any affidavits to be used in the application, and a copy of the points and authorities in support of the application.  The court may for good cause, on motion of the applicant or on its own motion, shorten the time required by this paragraph for service on the opposing party.

. . . 

[I]f the party has failed to effect service as required by paragraph (2) the court shall dissolve the temporary restraining order.

(Code Civ. Proc. § 527(d)(2) & (3).)  Per statute, the service deadline was Monday, March 10, 2025. 

            Plaintiff did not serve the “points and authorities in support of the application” or the “affidavits to be used in the application.”  (Johnson Decl. ¶ 5.)  The proof of service, filed on March 5, 2025, states only that Plaintiff served the temporary restraining order and the court’s minute order.  Plaintiff has not filed a request to extend the temporary restraining order, supported by “an affidavit by the applicant that the opposing party could not be served within the time required by paragraph (2).”  (See Code Civ. Proc. § 527(c)(5).)  Nor could she satisfy the standard.  The proofs of service make clear that Plaintiff could have served the points and authorities and declarations on or before March 10, 2025. 

            Based upon the foregoing, the court orders as follows:

            1.         The temporary restraining order is dissolved, per Code of Civil Procedure section 527(d)(2) & (3).) 

            2.         This order is without prejudice to filing a noticed motion for a preliminary injunction in the home court (Department 28).

            3.         Plaintiff’s counsel shall provide notice and file proof of service with the court.