CMC; Demurrer
Case Number
Case Type Civil Law & Motion Hearing Date / Time Fri, 07/31/2026 - 10:00 Nature of Proceedings Hearing: Application for TRO and OSC Preliminary Injunction Tentative Ruling
For the reasons set forth herein, the application for a preliminary injunction is denied. The temporary restraining order issued on June 11, 2026, is dissolved.
Background: This action commenced on June 3, 2026, by the filing of the complaint by plaintiff Peter D. Slaughter ("Slaughter"), Trustee of the William L. Wagner, Sr. and Margie L. Wagner Revocable Trust/Survivor's Trust, aka as the William L. Wagner, Sr. Survivor's Trust (the "Trust") ("plaintiff"), against defendant Steven P. Fairly ("Fairly") and Borealis Shelter Company, LLC ("Borealis") for: (1) Judicial Dissolution of Limited Liability Company pursuant to Corporations Code section 17707.03; (2) Declaratory Relief; (3) Injunctive Relief; and (4) Appointment of Receiver.
As alleged in the complaint: Slaughter is, and at all relevant times was, either co-trustee or the sole successor trustee of the Trust, which succeeded to the 50 percent membership interests previously held by William L. Wagner ("W. Wagner") and Margie L. Wagner in Borealis. (Compl., P. 1.)
Fairly owns a 50 percent membership interest in Borealis. (Compl., P. 2.)
Borealis was formed for the purpose of owning and developing certain real property in Lancaster, California, including property commonly known as VAC Avenue J10 12th Street W., and VIC 12th Street W. Avenue J-10. (Compl., P.P. 8, 9.) Those properties involve utility infrastructure, easement rights, ingress and egress rights,
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