Judge Agrees with Ms. McDaniel and issues temporary restraining order

2009 1:30 PM

Santa Ana, CA - According to court documents, the Honorable Frederick P. Horn approved K. McDaniel’s application for a temporary restraining order and preliminary injunction Civil Code 526(a) and 527(a)

According to Civil Code 526 (a), an injunction may be granted in the following cases:

   (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.

   (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action.

   (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another

party to the action respecting the subject of the action, and tending to render the judgment ineffectual.

   (4) When pecuniary compensation would not afford adequate relief.

   (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief.

   (6) Where the restraint is necessary to prevent a multiplicity of judicial proceedings.

Whereas, according to Civil Code 527

(a) a preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice to the opposing party.

Further, the Honorable Frederick P. Horn has ordered respondents:

CAROL MOORE
LARRY SOUSA
CYNTHIA CONNERS
THIRD LAGUNA HILLS MUTUAL
ISABELL MEUENICHOW
KATHRYN FRESHLEY
JOHN PAULUS

to appear in department C31 of the Orange County Superior Court, Central Justice, located at 700 West Civic Center Drive in Santa Ana , CA April 20, 2009 1:30 PM to show cause, if any.

What is clear is that the Third Mutual will be sans one member of the Gang Who Could not Shoot Straight even before Cynthia Conners officially attends the first Laguna city council meeting. It is also clear that residents will be footing just one more legal council bill.