LOUREIRO, DAVID J vs KEENSTAR AMERICA INVENSTMENT AND DEVELOPMENT CORPORATION
Plaintiff's Motion for Preliminary Injunction
Motion type
Parties
Ruling
CV-25-006057 - MORALES, RENE BERMUDEZ vs VARGAS, MACHUCA EMILIANO - Plaintiff's Motion for Service by Publication - DENIED without prejudice.
The declaration is insufficient to determine if other addresses are associated with individual defendants. It asserts that the subject address is "the only address associated with all three defendants," but this does not indicate that other addresses are associated with individual defendants and also does not indicate that other addresses were sought. Plaintiffs have not established that they conducted an appropriate search for Defendants' whereabouts or addresses. Reasonable diligence "denotes a thorough, systematic investigation and inquiry conducted in good faith by the party or his agent or attorney," such as a number of attempts to learn defendant's whereabouts or address by inquiry and/or investigation of public directories. (Board of Trustees of Leland Stanford Junior University v.
Ham (2013) 216 Cal.App.4th 330, 338.) Due diligence in attempting to serve at the address listed is shown, but the evidence before the Court does not indicate that there are not other known addresses for the defendants, nor what the reasoning behind the conclusion that the defendants reside at the address is.
The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:
CV-26-007399 - LOUREIRO, DAVID J vs KEENSTAR AMERICA INVENSTMENT AND DEVELOPMENT CORPORATION - Plaintiff's Motion for Preliminary Injunction - DENIED without prejudice.
There is no proof of service of the motion on file. Nor is there a proof of service of the summons and complaint on file. "No preliminary injunction shall be granted without notice to the opposing party." (Code Civ. Proc., Sec. 527.) "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 . . . 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." (Cal. Rules of Court, rule 3.1150.) "[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing." (Code Civ. Proc., Sec. 1005.) Accordingly, Plaintiff's motion for preliminary injunction is DENIED without prejudice.
PR-25-001101 - IN THE MATTER OF EOFF, MATTHEW - Petitioner's Motion to Deem Requests for Admissions, Set Two, Admitted; Request for Monetary Sanctions - CONTINUED to September 3, 2026, at 8:30 am in Department 22.
This matter is CONTINUED on the Court's own motion to September 3, 2026, at 8:30 am in Department 22, to be heard with the related motion on calendar that day.
The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23:
CV-21-005589 - ROMAN, ERIC vs SUNOPTA GRAINS AND FOODS INC - Plaintiff's Motion to Approve Settlement Agreement Pursuant to the Private Attorneys General Act - GRANTED, and unopposed.
Based on the information provided in the moving papers and supporting evidence, the Court finds the proposed settlement is within the range of reasonableness and provides for relief that is genuine, meaningful, and consistent with the State's goal of benefitting the public through enforcement of its labor laws. Therefore, the Court approves the settlement and the distribution of the settlement funds, including the amounts allocated to attorney's fees and costs and administration costs, as set forth in the moving papers. (Lab. Code Sec. 2699(l)(2).) However, the Court notes an error in the proposed order as to the calculation of the 75% allocation of net penalties to the LWDA. By the Court's calculation, the correct amount in that regard should be reflected as $143,501.54. Plaintiff's counsel shall submit a revised form of order reflecting the information herein.
CV-24-006196 - LVNV FUNDING LLC vs MENDIOLA, BERTRAND - Plaintiff's Motion for Order that Matters in Request for Admissions be Admitted Pursuant to CCP 2033.280 - GRANTED, and unopposed.
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”