Judge: Theresa M. Traber, Case: 24STCV14754, Date: 2024-12-06 Tentative Ruling

Case Number: 24STCV14754    Hearing Date: December 6, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     December 6, 2024                  TRIAL DATE: NOT SET

CASE:                         Eydan Berger v. ADB Group, Inc.

CASE NO.:                 24STCV14754           

MOTION FOR PRELIMINARY INJUNCTION

MOVING PARTY:               Defendant Eydan Berger

RESPONDING PARTY(S): Specially Appearing Defendant ADB Group, Inc.

PROOF OF SERVICE:

• Correct Address: OK.
• 16/21 (Code Civ. Proc. § 1005(b)): OK. Served by email and U.S. Mail on November 7, 2024.

CASE HISTORY:

·         06/12/24: Complaint filed.

·         10/04/24: First Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for indemnification under Labor Code section 2802. Plaintiff seeks to be indemnified for his legal fees in the related action Avraham Bibi v. Roey Burg, et al. LASC Case No. 21STCV11739.

Plaintiff moves for a preliminary injunction requiring Defendant to indemnify him for his legal fees in the related lawsuit.

TENTATIVE RULING:

Plaintiff moves for a preliminary injunction requiring Defendant to indemnify him for his legal fees in the related lawsuit.

A party may request a preliminary injunction “by serving a noticed motion,” as Plaintiff has in this case, only when the party against whom the preliminary injunction is sought has appeared in the action. (Cal. Rule of Court 3.1150(a).)  Here, however, the Defendant in this action, ADB Group, Inc., has not yet made a general appearance. Therefore, pursuant to Rule 3.1150, a preliminary injunction against ADB Group must be sought by obtaining and serving an Order to Show Cause re: Preliminary Injunction. (Id.) That order must be served in the same manner as a summons and complaint. (Id.) Plaintiff has not done so, and has therefore failed to give proper notice of the injunction he seeks.

Accordingly, Plaintiff’s Motion for Preliminary Injunction is DENIED. This ruling is without prejudice to a procedurally proper request for a preliminary injunction pursuant to the Rules of Court.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  December 6, 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.