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Firm Wins Superior Court Order Enjoining Defendants From Undermining Arbitration

On July 1, 2010, Hernandez Schaedel & Associates (“HSA”) successfully obtained an ex parte temporary restraining order for its client, Bruce LaPlante, in Los Angeles County Superior Court.  Mr. LaPlante is a 50% owner in a limited liability company owning commercial property in Los Angeles; the other 50% of the company is owned by the Defendant.  Mr. LaPlante and Defendant currently are engaged in arbitration proceedings to determine their respective rights and obligations.

Soon after Mr. LaPlante commenced arbitration, however, Defendant and her agents began to take actions to jeopardize the status quo of the company and property, such as attempting to change the property management retained by the company, concealing assets and denying Mr. LaPlante’s equal management rights.

HSA acted quickly in order to prevent Defendant from doing any further irreparable damage before an arbitration award could be issued.  It sought and obtained from the Los Angeles Superior Court a temporary restraining order enjoining any further conduct until final resolution of the arbitration proceeding.

The parties appeared again before the Court on July 22, 2010 on the issue whether the temporary restraining order should be converted to a preliminary injunction.  HSA successfully argued that an injunction was necessary to preserve the status quo and the assets of the company until the conclusion of arbitration.  The Court agreed, prohibiting Defendants from taking any unauthorized actions to affect the disposition of the company or the property.

The team included Don Hernandez, Jamie Jung, and Jennifer Tsao, with litigation support from Allison Andrews and Fermin Rodriguez.

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