524 UNION STREET ET AL VS. ABLE INVESTMENT SERVICES, LLC ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24620991 - August 5, 2025 Hearing date: August 5, 2025 Case number: CGC24620991 Case title: 524 UNION STREET ET AL VS. ABLE INVESTMENT SERVICES, LLC ET AL Case Number: | | CGC24620991 | Case Title: | | 524 UNION STREET ET AL VS. ABLE INVESTMENT SERVICES, LLC ET AL | Court Date: | | 2025-08-05 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Preliminary Injunction | Rulings: | | Real Property/Housing Court Law and Motion calendar for August 5, 2025, line 4.

Plaintiffs' Motion for Preliminary Injunction is DENIED. Plaintiffs have not met their burden of showing a probability of success on the merits. Plaintiffs' sole evidence is one declaration.

As to cause of action 1, Plaintiff has adduced no evidence about Defendant's debt collection practices.

As to causes of action 2-4, Plaintiffs' Complaint, evidence, and discussion only address Notices of Default that have been rescinded. Plaintiff provides no authority for its argument that it is likely to prevail on causes of action premised on a non-operative Notice. To the extent that Plaintiff intends to provide authority on this issue during the hearing on this motion, the Court invites Plaintiffs to address the fact that that Civil Code 2917.17(a), upon which cause of action 3 is based, only authorizes penalties for "multiple ... uncorrected violations" of the statute.

As to cause of action 5, Plaintiffs were required by the contract to "maintain" insurance, the breach of which authorized Defendant to place insurance on the property.

As to cause of action 6, Plaintiffs provide no discussion as to whether purported defects in a Notice of Default can constitute elder abuse or that these defects were made with "intent to defraud" or that "knew or should have known" that these defects were "likely to be harmful to the elder." (See W.I.C. 15610.30(a), (b)). Nor have Plaintiffs shown that Defendant chose the loan terms with the mental state required by the elder abuse statute. =(501/CFH)

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