Porter Vista Public Utility District vs. Guadarrama, Sergio A.

Case No.: VCU333233 Date: June 22, 2026 Time: 8:30 A.M. Dept. 9-The Honorable Nathan D. Ide Motion: Plaintiff's Motion for Preliminary Injunction Tentative Ruling: To deny the motion without prejudice

Facts In this matter, Plaintiff has filed proofs of service of the summons and complaint, and related documents, as well as this motion for preliminary injunction and its supporting papers as to each Defendant. Defendants, however, have not yet appeared in this matter. Plaintiff moves for preliminary injunction as to each Defendant.

Authority and Analysis California Rules of Court, rule 3.1150, entitled "Preliminary injunctions and bonds" notes, in subsection (a), that: "A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC). An OSC must be used when a temporary restraining order (TRO) is sought, or if the party against whom the preliminary injunction is sought has not appeared in the action. If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint." (California Rules of Court, rule 3.1150(a).)

Here, both Defendants are parties against whom a preliminary injunction is sought and who have not yet appeared in this matter. As such, Plaintiff must first obtain an OSC and serve the OSC in the same manner as a summons and complaint. Because no OSC has been obtained, the Court denies the motion without prejudice.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.

Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.