Phillips 66 Company v. Bananzadeh ( 2021 )

1 GLYNN, FINLEY, MORTL, HANLON & FRIEDENBERG, LLP 2 ADAM FRIEDENBERG, Bar No. 205778 EISHA PERRY, Bar No. 330621 3 One Walnut Creek Center 100 Pringle Avenue, Suite 500 4 Walnut Creek, CA 94596 Telephone: (925) 210-2800 5 Facsimile: (925) 945-1975 6 Attorneys for Plaintiff Phillips 66 Company 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ) Case No. 2:21-cv-01747-JAM-JDP 11 PHILLIPS 66 COMPANY, ) ) ORDER GRANTING PLAINTIFF 12 Plaintiff, ) PHILLIPS 66 COMPANY’S MOTION ) FOR PRELIMINARY INJUNCTION 13 vs. ) ) 14 ALEX R. BANANZADEH, ) ) 15 Defendant. ) 16 18 ) 19 20 22 23 24 25 26 27 28 1 Upon consideration of Plaintiff Phillips 66 Company’s Motion for Preliminary 2 Injunction, Plaintiff's briefing and supporting documents, Defendant’s opposition, the applicable 3 _ law, the relevant portions of the record, and the arguments of counsel, this Court hereby 4 GRANTS Plaintiff's motion for preliminary injunction. 5 Plaintiff has demonstrated a need for preliminary injunctive relief in this case. See 6 Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008); Alliance for the Wild 7 Rockies v. Cottrell, 632 F.3d 1127, 1131-35 (9th Cir. 2011). The record as established at this 8 point shows Plaintiff has a likelihood of success on the merits of its arguments. With an interest 9 real property being at stake, Plaintiff will suffer irreparable harm if Defendant is able to 10 _ transfer his interest in the property to a third party. Finally, the equities favor Plaintiff, 11 particularly allowing Plaintiff to obtain the benefit of its bargain under the parties’ Branded 12 Reseller Agreement. Accordingly, it is hereby ORDERED that, pending a trial on the merits, 13. Defendant Alex R. Bananzadeh is hereby enjoined from: 14 ee hia cnet 16 we 4. transferring to any third-party any rights, interest, and/or title in the property 17 located at 817 Leisure Town Rd., Vacaville, California 95687 (the “Station”) pending resolution 18 of this litigation. 19 The Court further orders Plaintiff to post a bond of $1.5 million. 20 fae 21 | he Ye, salt yy DATED: \ vember 4 LE? L bEMA, THE HONORABLE JOHN A. MENDE: 23 ITED STATES DISTRICT COURT JUDGE 24 25 26 a 28 a