'28.

PIE,

San Francisco. Coma; Superior Goad

FEB 10 2020

 

SUPERIOR COURT 

COUNTY OF SAN FRANCISCO
CHI CHI BEIGNET INC, doing business as I ORDER GRANTING PRELIMINARY
BISCUITS AND BLUES, INJUNC-T ION -
Plaintiff .
Case No. CGC-19-575726
V. 
a 
SAEED KHAN et al., 

Defendants. 


 

 

 

ORDER GRANTINGPRELIM-INARY 1 

This matter came before the Court on January 29, 2020. Daniel iRay Bacon appeared for
Plaintiff Chi Chi Beignet, Inc. dba Biscuits and Blues. Gordon Calhoun appeared for Defendants
Saeed Khan, Individually and doing business as Jack in the Box, Inc., Foodmaker International
Franchising, Inc., and Jack in the Box Properties, LLC, a limited liability corporation.?

Based on the papers submitted on Plaintiff?s motion, supplementaldeclarations, and oral
argument,.Plaintiff demonstrated that they will likely succeed on the merits. Additionally, the
balanCe of hardships favors Plaintiff beCause Plaintiff will continue to suffer irreparable harm

without an injunction.

 

 

ORDER GRANTING PRELIMINARY INJUNCTION - 2

 

 

to no avail
on Defend
to meet an
to operate.
Defendant.

Defendant.

Plaintiff continues. to suffer irreparable harm.

of September 3, 2019 Denying lnjunctive Relief Pursuant to CCP 1008.

IT IS HEREBY ORDERED:

Defendants are enjoined from using plumbing on the premises located at 400 Geary Street,

San Franci

Francisco.

'unplugging the appliances.

The undertaking requirement is waived because Plaintiff is indigent. (Code of Civ. Proc., 

995.240.)

without any revenue.

IT IS so ORDERED.

ca/za/aooma jay/J/Z?pw:

DATE:

Further-more, legal remedies are inadequate. Plaintiff paid contractors to remediate the mold

Accordingly, the Court GRANTS Plaintiff 3' Motion for Reconsideration of the Court?s Order

Defendants must stop any leaks from the refrigerators and freezers up to and including

because solon'g as there is continued use of the plumbing and appliances, leaks will ocCur
ants? premises, and Plaintiff?s premises will have mold. The Court has ordered the parties
:1 confer as well ?as mediate the matter to reach a middle ground to allow both businesses
Mediation led to plumbing repairs at Defendant-s premises in January 2020. However, i
3 repairs have yet to pass inspection by the City and County of San Francisco and

5 continue to use refrigerators and freezers that leak-into Plaintiff 3 business. As a result,

sco, CA 94102 until the plumbing repairs pass inspection by the City and County of San

In April 2019, Plaintiff?s business closed. Plaintiff laid off all employees. Plaintiff is

. Charles F.- Haines
JUDGE OF THE SUPERIOR COURT

 

 



Saeed I

CALIFORNIA
1., -- -. .COunty"6f-San Francisco

?i?Beignet?, Inc, 
. Case Number CGC-19-575276
.Plaintiff(s)
Khan, et al. CERTIFICATE OF MAILING
- - (CCP 1013a 
Defendant(s)

 

 

certify

I, Juanita Murphy, a Deputy Clerk of the Superior Court of the County of San Francisco,
that on February '1 1,12020-1 served the attached Order Granting Preliminary Injunction by

 

1-p1acing a copy thereof in a sealedlenvelope, addressed as follows:

Daniel
234 

Bacon . . . Gordon Calhoun
an Ness Avenue I - 633West 5th Street, Suite 4000

San Francisco,vCA 94102 Los Angeles, CA 90071

and, I
CA 94

mailin

Dated

then placed the sealed envelopes in the outgoing mail at 400 McAllister Street, San Francisco,
L102 on the date indicated above for collection, attachment of required prepaid postage, and

on that date follovving standard court practices.

Fehruary11,-2020; 

J. Murphy, Depully Clerk