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Tentative Rulings, Truckee - Law and Motion

>Egan v. Nationstar TCU14-5814
>Li v. Georgiou NCU14-0001

Egan v. Nationstar TCU14-5814 

Defendant Nationstar’s Motion to Strike Portions of the Complaint is continued on the court’s own motion to October 20, 2014, at 1:30 pm, in Dept. A, to be heard with Defendant Quality Loan Service Corporation’s Demurrer to the Complaint.

Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.


Li v. Georgiou NCU14-0001 

Plaintiff’s Motion for Prohibitory Injunction is denied.

In the present case, only monetary damages are sought. The US Supreme Court has held that it is improper to issue a preliminary injunction in an action for money damages to prevent a defendant from transferring assets in which no lien or equitable interest is claimed. Grupo Mexicano De Desarrollo v. Alliance Bond Fund (1999) 527 US 308. Thus, the requested relief is wholly improper.

Moreover, as and for an additional ground for denying the present motion, Plaintiffs have failed to demonstrate a probability of prevailing on the merits. An analysis of all elements of a claim for negligence was not set forth. Only the issue of proximate cause was addressed.

Lastly, Plaintiffs have failed to set forth any amount of alleged damages. The declaration in support of the motion only states that this defendant has only $100,000 in in insurance. No description of other insurance policies is set forth or that such limits are insufficient for Plaintiffs’ damages.

Based upon the foregoing, the motion for injunction is denied.

Plaintiff’s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

This is the Court’s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court’s law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.