Nguyen v. City of Garden Grove CA4/3

Filed 7/29/25 Nguyen v. City of Garden Grove CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

PETER NGUYEN,

Plaintiff and Appellant, G064692

v. (Super. Ct. No. 30-2024- 01374287) CITY OF GARDEN GROVE et al., OPINION Defendants and Respondents.

Appeal from an order of the Superior Court of Orange County, Sheila Recio, Judge. Appeal dismissed. Peter Nguyen, in pro. per., for Plaintiff and Appellant. Woodruff & Smart, Caroline A. Byrne and Roberta A. Kraus for Defendants and Respondents.

Plaintiff Peter Nguyen purports to appeal the trial court’s denial of his request for “interlocutory relief,” by which he sought to renew his previously denied motion for preliminary injunction. The court treated Nguyen’s new motion as a request for reconsideration under Code of Civil 1 Procedure section 1008 and denied it. Defendants assert the appeal should be dismissed. We agree. To the extent Nguyen is appealing from an order denying an injunction, the appeal is untimely. To the extent he is appealing from the denial of a motion for reconsideration, such an order is not appealable. In either event, the appeal is dismissed. STATEMENT OF FACTS AND PROCEDURAL HISTORY On January 24, 2024, Nguyen filed a complaint in Orange County Superior Court seeking damages for trespass and other causes of action. He filed a motion for preliminary injunction on May 24, 2024, seeking to suppress evidence procured by an inspection warrant. The trial court denied the motion on July 5, 2024, on the ground Nguyen was seeking a mandatory injunction but had not shown a likelihood of prevailing on the merits because he had not submitted any admissible evidence to support his claims. Additionally, the court noted Nguyen had failed to comply with rules of court regarding the formatting of his filings and page limitations and also had failed to file a notice of motion. Defendants served and filed notice of the court’s ruling on July 12, 2024. On July 8, 2024, Nguyen filed a “request for hearing of interlocutory motion,” which he calendared for hearing on September 20, 2024. The motion sought “an immediate appeal following the [s]uperior