Judge: Theresa M. Traber, Case: 23STCV30362, Date: 2024-12-13 Tentative Ruling

Case Number: 23STCV30362    Hearing Date: December 13, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     December 13, 2024                TRIAL DATE: NOT SET

CASE:                         Harris Shukran v. County of Los Angeles, et al.

CASE NO.:                 23STCV30362           

MOTION TO DISSOLVE OR MODIFY PRELIMINARY INJUNCTION

MOVING PARTY:               Defendant 6230 Yucca Urban Housing, LLC

RESPONDING PARTY(S): No response on eCourt as of 12/10/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a civil rights action that was filed on December 13, 2023. Plaintiff alleges that Defendants are attempting to evict him from his rental unit under color of a judgment in an unlawful detainer action which Plaintiff contends is invalid.

            Defendant 6230 Yucca Urban Housing, LLC moves to dissolve the preliminary injunction entered on March 6, 2024.

TENTATIVE RULING:

            Defendant 6230 Yucca Urban Housing, LLC’s Motion for Dissolution of Injunction is GRANTED.

DISCUSSION:

            Defendant 6230 Yucca Urban Housing, LLC moves to dissolve the preliminary injunction entered on March 6, 2024.

Legal Standard

            Code of Civil Procedure section 533 states:

In any action, the court may on notice modify or dissolve an injunction or temporary restraining order upon a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order.

(Code Civ. Proc. § 533.) Modification of a preliminary injunction “rests in the sound discretion of the trial court upon a consideration of all the particular circumstances of each individual case.” (Union Interchange, Inc. v. Savage (1959) 52 Cal.2d 601, 606.) The party seeking modification has the burden of proving that the request is justified. (See Loeffler v. Medina (2009) 174 Cal.App.4th 1495, 1504.)

Analysis

            Defendant moves for dissolution of the March 6, 2024 order enjoining Defendants from attempting to remove Plaintiff from the subject property. Defendant offers multiple bases for this motion, chief among these that the Court’s order, as written, did not require Plaintiff to post an undertaking pursuant to Code of Civil Procedure section 529, and, further, precludes Defendants from regaining possession of the unit notwithstanding that Plaintiff has apparently abandoned the property.

            Defendant offers evidence that Plaintiff had abandoned his residence at the subject property as of September 10, 2024. (Declaration of Kyle Kunz ISO Mot. ¶¶ 5-8.)  As Defendant states, the language of the Court’s March 6, 2024 order precludes “any action” to remove Plaintiff from the property, inadvertently encompassing otherwise lawful activity outside the scope of the disputed allegations. (March 6, 2024 Minute Order.) Moreover, the injunction does not require the posting of an undertaking, which entitles Defendant to its dissolution as a matter of law. (Neumann v. Moretti (1905) 146 Cal. 31, 33-34.) Thus, on both the factual record and legal authority, Defendant is entitled to dissolution of the injunction.

CONCLUSION:

            Accordingly, Defendant 6230 Yucca Urban Housing, LLC’s Motion for Dissolution of Injunction is GRANTED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  December 13, 2024                            ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.