Cool Time LLC et al v. Power, Stacie Lynn et al

12. 26CV00535 Pruitt, Lindsay Samantha

EVENT: Change of name (adult)

There is no proof of publication on file. Upon the filing of the proof of publication the Court will sign the decree provided.

13. 26CV00540 In re: Pendergast, Jody Lee

EVENT: Change of name (adult)

The Court is in receipt of the proof of publication and will sign the decree provided.

14. 26CV01138 Butte County Animal Control v. Christine Dolz

EVENT: Petition to Determine if Dog is Vicious

The Court will conduct a hearing.

15. 26CV01139 Butte County Animal Control v. Christine Dolz

EVENT: Petition to Determine if Dog is Vicious

The Court will conduct a hearing.

16. 26CV01143 Cool Time LLC et al v. Power, Stacie Lynn et al

EVENT: OSC re: Preliminary Injunction

OSC re: Preliminary Injunction is GRANTED in PART. With respect to the roughly $250k + in funds being withheld pursuant to the cancellation clause in the contract, the Court previously denied Plaintiffs’ request. A preliminary mandatory injunction is rarely granted. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 626) The granting of a mandatory injunction pending trial is not permitted except in extreme cases where the right thereto is clearly established. (Id)

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Plaintiffs have failed to meet this exceedingly high bar in attempting to demonstrate that Defendants were terminated for cause and therefore Plaintiffs are entitled to a mandatory injunction in the form of an order requiring the transfer of disputed funds. The motion is thus denied on that issue. However, regarding Plaintiffs’ ability to resume operations of the business and related accounting issues, Plaintiffs are likely to succeed. There is nothing in the contract allowing Defendants to prevent Plaintiffs from resuming control of business operations after the contract has been terminated.

Defendants’ remedy for breach is the cancellation fee, which they are currently holding. Thus, there is no legal basis to preclude Plaintiffs from resuming operations. With that in mind, the Court is granting the motion with respect to requested relief nos. 2- 6 on page 15 of Plaintiffs’ points and authorities.: 2. Stop Further Intake. Defendants shall immediately disable all rent-payment portals, payment links, subsidy intake channels, and any other means of receiving Plaintiffs’ rents or revenues.