Los Arboles Apartments & Townhomes, LLC v. VFC Partners 29, LLC., a limited liability company

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TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
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PHILIP D. DAPEER (State Bar No. 53378)
PHILIP D. DAPEER, A Law Corporation
2625 Townsgate Road, Suite 330
Westlake Village, California 91361-5749
Telephone: (323) 954-9144
Facsimile: (323) 954-0457
Attorney for Plaintiff
Los Arboles Apartments & Townhomes, LLC
ORDER NOT FOR PUBLICATION
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION
In re:
LOS ARBOLES APARTMENTS &
TOWNHOMES, LLC,
Debtor-In-Possession.
LOS ARBOLES APARTMENTS &
TOWNHOMES, LLC,
Plaintiff,
v.
VFC PARTNERS 29, LLC, a limited liability
company,
Defendant.
Case No. 2:14-bk-31901-RK
[Chapter 11]
Adv. No. 2:15-ap-01347-RK
ORDER ON APPLICATION FOR
TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE RE
PRELIMINARY INJUNCTION
Date:
Time:
Ctrm: 1675
TO THE PARTIES TO THIS ADVERSARY PROCEEDING:
The court has reviewed plaintiff’s application for temporary restraining order and order to
show cause re: preliminary injunction. Based on the evidentiary showing in this application, the
court is not inclined to issue a temporary restraining order on an emergency basis ex parte or to issue
an order to show cause re: preliminary injunction because the court does not find that the evidentiary
showing is sufficient to demonstrate a likelihood of success on the merits in the adversary
proceeding, including a reasonable likelihood of a successful reorganization in the underlying
FILED & ENTERED
JUL 07 2015
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	bakchell
CHANGES MADE BY COURT
Case 2:15-ap-01347-RK Doc 11 Filed 07/07/15 Entered 07/07/15 13:15:51 Desc
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TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
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bankruptcy case, and that irreparable injury is about to occur absent preliminary injunctive relief.
See, e.g., In re Excel Innovations, Inc., 502 F.3d 1086, 1093-1096 (9th Cir. 1987). Accordingly, the
application for temporary restraining order and for order to show cause re: preliminary injunction is
denied without prejudice. However, leave is granted for debtor to file and serve a motion for
preliminary injunction on regular notice under Local Bankruptcy Rule 9013-1 and to have the
motion specially set for a hearing of more than 15 minutes in length by contacting the courtroom
deputy for date and time which would be convenient for counsel and the court.
IT IS SO ORDERED.
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Date: July 7, 2015
Case 2:15-ap-01347-RK Doc 11 Filed 07/07/15 Entered 07/07/15 13:15:51 Desc
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