Case Number: KC066985    Hearing Date: September 03, 2014    Dept: O

Pilling, et al. v. Meteor Trail Corporation, et al. (KC066985)

Plaintiffs Pilling and Collier’s MOTION FOR PRELIMINARY INJUNCTION

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiffs Pilling and Collier’s motion for preliminary injunction is GRANTED. Bond $5,000.00

Motion

Plaintiffs move for a preliminary injunction to enjoin Defendants from conducting a trustee’s sale of the property. It is alleged Meteor Trail never obtained good title to property because all the documents were forged and subject to being cancelled by the court. Plaintiff Pillard is the sole beneficiary to Martin’s estate, which owns ½ of the Property, and Plaintiff Collier is a devisee to ½ of Blanchard’s estate. The Deed from Blanchard and Martin to Collier is a forgery, and the deed from Collier to Meteor Trail is a forgery. (Collier Decl., Par. 7.)

Opposition

NO OPPOSITION.

ANALYSIS

In deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. (Hunt v. Superior Court (1999) 21 Cal. 4th 984, 999-1000.) Proof of facts is ordinarily made by affidavits or declarations. (CCP 2009.)

Plaintiffs move for a preliminary injunction to enjoin Defendants from conducting a trustee’s sale of the property because Meteor Trail never obtained good title to property. The Deed from Blanchard and Martin to Collier is a forgery, and the deed from Collier to Meteor Trail is a forgery. (Collier Decl., Par. 7.)

Defendants failed to file any evidence in opposition. Accordingly, Plaintiffs have demonstrated likely success that the documents were forged and subject to cancellation. Since real property is unique, plaintiffs will suffer irreparable harm if an injunction is not ordered.

Motion is GRANTED.