Motion for Preliminary Injunction
26CV009550: PERECHESOV, et al. vs TOVARIAN 05/28/2026 Hearing on Motion for Preliminary Injunction in Department 16D
Tentative Ruling
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26CV009550: PERECHESOV, et al. vs TOVARIAN 05/28/2026 Hearing on Motion for Preliminary Injunction in Department 16D
a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Self-represented Plaintiffs Denis Perechesovs and Anastasia Chistanovas motion for preliminary injunction is continued on the Courts motion to July 9, 2026 at 1:30 p.m. in this department.
The hearing is being continued so that it may be heard after Defendant Aleksey Tovarians pending motion to compel this case to arbitration is heard on June 25, 2026. A continuance is proper under these circumstances given that in the event the matter is ordered to arbitration, the instant dispute would be heard by the arbitrator.
The Court is aware that Plaintiffs refer to CCP § 1281.8 in the reply brief which permits a party to an arbitration agreement to apply for provisional remedies in connection with an arbitrable controversy. However, that section only permits a party to an arbitration agreement to seek provisional remedies in connection with an arbitrable controversy but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief. (Code Civ. Proc. § 1281.8 [emphasis added].)
First, Plaintiffs did not address the arbitration provision in their attorney-client agreement with Defendant in their moving papers. Given the early stage of this case and the fact that Defendant had not yet answered, it was foreseeable that the arbitration provision would need to be addressed in the context of alternatively seeking any provisional relief from the Court. The Court declines to consider any argument regarding the arbitration provision raised by Plaintiffs for the first time in reply because the general rule in California is that new arguments and evidence presented for the first time on reply are not permitted as the opposing party had no opportunity to address these new matters in the opposition papers. (See, e.g., Carbajal v.
CWPSC, Inc. (2016) 245 Cal.App.4th 227, 241; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537; Tyler v. Children's Home Society (1994) 29 Cal.App.4th 511, 526, n.8.) Second, Plaintiffs also
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV009550: PERECHESOV, et al. vs TOVARIAN 05/28/2026 Hearing on Motion for Preliminary Injunction in Department 16D
did not address CCP § 1281.8 in their moving papers, notwithstanding the presence of the arbitration provision. Even to the extent Plaintiff assumed (incorrectly) that Defendant would not seek arbitration until Defendant filed on May 14, 2026 its motion to compel arbitration (i.e., after the filing of Plaintiffs moving papers), Plaintiffs still have failed to demonstrate in their reply papers that provisional relief is required before the continued hearing of July 9, 2026, to avoid rendering ineffectual any award to which Plaintiffs may be entitled to.
Therefore, the Court will not address Plaintiffs request for a preliminary injunction prior to ruling on Defendants motion to compel arbitration. If Defendants motion is denied, the Court will address the present motion in due course.
This minute order is effective immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required.