Opinion
2:21-cv-01747-JAM-JDP
11-04-2021
PHILLIPS 66 COMPANY, Plaintiff, v. ALEX R. BANANZADEH, Defendant.
GLYNN, FINLEY, MORTL, HANLON & FRIEDENBERG, LLP ADAM FRIEDENBERG, Bar No. 205778 EISHA PERRY, Bar No. 330621 Attorneys for Plaintiff Phillips 66 Company
GLYNN, FINLEY, MORTL, HANLON & FRIEDENBERG, LLP ADAM FRIEDENBERG, Bar No. 205778 EISHA PERRY, Bar No. 330621 Attorneys for Plaintiff Phillips 66 Company
ORDER GRANTING PLAINTIFF PHILLIPS 66 COMPANY'S MOTION FOR PRELIMINARY INJUNCTION
THE HONORABLE JOHN A. MENDEZ .UNITED STATES DISTRICT COURT JUDGE
Upon consideration of Plaintiff Phillips 66 Company's Motion for Preliminary Injunction, Plaintiffs briefing and supporting documents, Defendant's opposition, the applicable law, the relevant portions of the record, and the arguments of counsel, this Court hereby GRANTS Plaintiffs motion for preliminary injunction.
Plaintiff has demonstrated a need for preliminary injunctive relief in this case. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008); Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131-35 (9th Cir. 2011). The record as established at this point shows Plaintiff has a likelihood of success on the merits of its arguments. With an interest in real property being at stake, Plaintiff will suffer irreparable harm if Defendant is able to transfer his interest in the property to a third party. Finally, the equities favor Plaintiff, particularly allowing Plaintiff to obtain the benefit of its bargain under the parties' Branded Reseller Agreement. Accordingly, it is hereby ORDERED that, pending a trial on the merits, Defendant Alex R. Bananzadeh is hereby enjoined from:
1. transferring to any third-party any rights, interest, and/or title in the property located at 817 Leisure Town Rd., Vacaville, California 95687 (the "Station") pending resolution of this litigation.
The Court further orders Plaintiff to post a bond of $1.5 million.