Phillips 66 Company v. Bananzadeh

1 GLYNN, FINLEY, MORTL, HANLON & FRIEDENBERG, LLP ADAM FRIEDENBERG, Bar No. 205778 EISHA PERRY, Bar No. 330621 One Walnut Creek Center Pringle Avenue, Suite 500 Walnut Creek, CA 94596 Telephone: (925) 210-2800 Facsimile: (925) 945-1975 Attorneys for Plaintiff Phillips 66 Company 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ) Case No. 2:21-cv-01747-JAM-JDP PHILLIPS 66 COMPANY, ) ) ORDER GRANTING PLAINTIFF 12 Plaintiff, ) PHILLIPS 66 COMPANY’S MOTION ) FOR PRELIMINARY INJUNCTION 13 vs. ) ) ALEX R. BANANZADEH, ) ) 15 Defendant. ) 18 )

1 Upon consideration of Plaintiff Phillips 66 Company’s Motion for Preliminary Injunction, Plaintiff's 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 Plaintiff's motion for preliminary injunction.

5 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 9 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, 13. Defendant Alex R. Bananzadeh is hereby enjoined from: ee hia cnet 16 we 4. 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.

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 a a