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MetSun Two Carmichael CA Senior Living, LP v. Martinez

March 10, 2009

METSUN TWO CARMICHAEL CA SENIOR LIVING, LP, PLAINTIFF,
v.
RICHARD MARTINEZ, DEFENDANT.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Plaintiff MetSun ("MetSun") now moves for a Permanent Injunction prohibiting Defendant Richard Martinez ("Martinez") from taking any action to harm certain real property, and improvements thereon, owned by MetSun. On or about June 16, 2008, this Court issued a Temporary Restraining Order preventing Martinez from interfering with MetSun's use of said property, located at 5451 Fair Oaks Boulevard, Carmichael, California 95608. Thereafter, on June 19, 2008, the Court held a hearing on MetSun's request for a preliminary injunction at which personally appeared.

At the conclusion of the hearing, the Court issued the preliminary injunction, but the terms of that injunction were never reduced to a formal order, apparently because default judgment was entered against Martinez on July 11, 2008. The present Motion for a Permanent Injunction was subsequently presented by MetSun in the wake of Martinez' default, since that was the relief ultimately sought in MetSun's Complaint.

Defendant Martinez has not opposed the instant Motion for permanent injunctive relief. According to MetSun's Further Statement in Support of its Motion for a Permanent Injunction, filed on or about January 30, 2009, MetSun's attempt to serve Martinez with the Motion, at the address where service or process upon him previously effectuated, was ineffective. Given that a default had already been taken against Martinez, however, that shortcoming does not preclude the Court, upon a showing of good cause, from entering the permanent injunctive relief sought by MetSun.

In evaluating the propriety of MetSun's request in that regard, a brief review of the underlying facts is helpful.

The record before the Court, including the pleadings, affidavits, Grant Deed attached as Exhibit A to the Complaint and authenticated by affidavit of Susan Timoner, and statements made by Mr. Martinez before the Court on June 19, 2008, demonstrates that Martinez's father and stepmother owned the real property in question and sold the property to MetSun in December of 2007. MetSun is currently constructing a senior housing facility on the property.

In a case related to the matter presently before the Court, Martinez v. Martinez, No. 2:08-cv-00426-MCE-KJM, Martinez is suing his parents with a complaint that is largely incomprehensible, but alleges 28 causes of action including: obstruction of justice, embracery, real estate fraud, hate crimes, spoliation of evidence, larceny, and libel. The record before the Court, including Martinez's statements before the Court on June 19, 2008, indicates that Martinez believes he had an interest in the property based on the fact he was not paid for construction work performed on his parents' restaurant and other properties owned by the family business.

Martinez's threats against MetSun appear to be in conjunction with this related case. MetSun believes that Martinez will take some action to damage or destroy their construction site if this Court does not restrain him from doing so.

In issuing its Temporary Restraining Order against Martinez on June 16, 2008, the Court found that Martinez had made the following threats against MetSun: o Sending the pleadings from the related case against his parents to MetSun. o Leaving four voice messages for MetSun threatening to "bulldoze" the existing construction work if MetSun did not halt the construction. o Specifically, Martinez left one voicemail saying: "You need to stop the construction there. I'm taking photographs of the construction and if you don't stop the work and you lose the lawsuit I'm going to bulldoze it and you're going to be responsible.

And I don't care if I win I don't care what's there. I'm going to bulldoze it and I'm going to build the restaurant." o Sending MetSun a notice to settle or be named as a co-defendant in the related case. o When Martinez received notice of the hearing date for this temporary restraining order, he left a voicemail for Plaintiff's counsel threatening to take civil and criminal action against her for pursuing the temporary restraining order.

The June 16, 2008 Temporary Restraining Order contained the following provisions:

1. Richard Martinez was restrained from taking any action that will harm MetSun's property located at 5451 Fair Oaks Boulevard, Carmichael, California 95608 and any improvements thereon;

2. Richard Martinez was restrained and enjoined from entering or ordering others to enter MetSun's property located at 5451 Fair Oaks Boulevard, Carmichael, California 95608 for the purposes of injuring the property or improvements thereon, or hindering and interfering with the ongoing construction activities;

3. Richard Martinez was ordered to remain at least one hundred (100) yards from the perimeter of MetSun's property located at 5451 Fair Oaks ...


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