Judge in San Diego in the lawsuit doesnt seem to think much of BHGIs case against Ahmad Arfaania:
SUPERIOR COURT OF CALIFORNIA,
MINUTE ORDER
TIME: 10:30:00 AM
JUDICIAL OFFICER PRESIDING: John S. Meyer
COUNTY OF SAN DIEGO CENTRAL
DATE: 02/05/2016 DEPT: C-61
CLERK: Herlinda Chavarin REPORTER/ERM: Not Reported BAILIFF/COURT ATTENDANT: J. Pedroza
CASE INIT.DATE: 12/01/2015CASE NO: 37-2015-00040021-CU-BC-CTL CASE TITLE: Beverly Hills Group Inc vs. Arfaania [IMAGED] CASE CATEGORY: Civil - Unlimited CASE TYPE: Breach of Contract/Warranty
EVENT TYPE: Motion Hearing (Civil)
STOLO APPEARANCES STOLO GENE E O'BRIEN, counsel, present for Plaintiff(s). Jennifer R Trowbridge, counsel, present for Defendant,Cross - Defendant,Cross - Complainant(s). Lindsey Vinson, counsel, is present for Paisley Holdings, LLC Stolo The Court hears oral argument and CONFIRMS the tentative ruling as follows:
Plaintiffs Beverly Hills Group, Inc. and Peter Martinez seeks a preliminary injunction enjoining Defendants Ahmad Arfaania and N.A. Fam LLC from selling, trading, transferring or encumbering any of the stock they own in Beverly Hills Group, Inc., in breach of the Lock-Up Agreement.
Defendants Ahmad Arfaania and N.A. Fam LLC oppose the request for a preliminary injunction.
Third-Party Paisley Holdings, LLC has also filed opposition in its own right.
"[T]he question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the granting or denial of interim injunctive relief." White v. Davis (2003) 30 Cal.4th 528, 554.
As noted in plaintiffs' moving papers: "An injunction may be granted when it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief, in any part thereof, consists in restraining the commission or continuance of the act or acts complained of, either for a limited period or perpetually. Code Civ. Proc 526(a); People ex rel, Herrera v. Stender (2012) 212 Cal.App.4th 614, 629, 152 Cal.Rptr 3d 16; Dingley v.Buckner (1909) 11 Cal.App. 181, 183-184."
The allegations in the complaint do not establish that plaintiffs are entitled to any relief. The complaint fails to state facts to constitute a cause of action.
MINUTE ORDER DATE: 02/05/2016 Page 1 DEPT: C-61 Calendar No. 26
CASE TITLE: Beverly Hills Group Inc vs. Arfaania [IMAGED]
CASE NO: 37-2015-00040021-CU-BC-CTL
Consequently, plaintiffs have not demonstrated that they are likely to prevail on the merits. Additionally, it appears that plaintiffs have a legal remedy at law.
THEREFORE, the request for a preliminary injunction is DENIED. The temporary restraining order issued on December 14, 2015 is dissolved.
Additionally, it is undisputed that plaintiffs have no evidence to support the statement that Paisley Holdings and Duyen Phan are in any way connected with Defendants Ahmad Arfaania or N.A. Fam LLC. There is no evidence that they are defendants' "agents, employees, associates, affiliates and/or representatives."
The Court hereby issues this order clarifying that Paisley Holdings, LLC and Duyen Phan are not parties to this lawsuit nor are they bound by the temporary restraining order previously issued by this Court.
IT IS SO ORDERED:
STOLO
Judge John S. Meyer
